GENERAL TERMS OF SALE

General Terms of Sale (GTS) – 01/09/2021

 

1 - SCOPE OF APPLICATION

The General Terms of Sale described below detail the rights and obligations of PLASTISUD SAS company and of its buyer in connection with the the sale of Engineering and Manufacturing of high-precision Moulds (pilot and multiple cavity) for plastic injection.

Any order implies unconditional acceptance by the buyer of these General Terms of Sale which prevail over any Condition of Purchase, unless in case of a formal written and accepted exemption from our side.

Our updated General Terms of Sale can be accessed through Plastisud website.

 

2 - PRICE

The price of the goods sold is the one mentioned on our quotation, in force on the order date. It is denominated in €uro and calculated without tax. For deliveries in France, the price will be increased by the VAT rate applicable on the day of the order.

Plastisud grants itself the right to modify its prices. However, the invoicing price will be the same as the price indicated at the order date.  

Unless otherwise indicated, our prices are established Ex Works Plastisud Castelnaudary (according to Incoterms 2020®), packaging costs included for intra-Community shipment.

Not included in our price :

• Wooden crate and vaccum packaging (for air freight or sea freight)
• Transportation charges
• Customs clearance charges
• Any other tax or duty
• Start-up on the buyer’s site by our technicians
• All incidental expenses, direct or indirect, and generally any expense not mentioned on our quotation.

Upon request of the buyer, these items will be part of a separate quote and will be invoiced additionally.

In case the buyer wants to modify the specification or the characteristics of an order during its execution, the possible additional costs of this modification will be at his charge. These modifications could eventually justify an extension of the lead time.

For all design and construction services provided for in our quotations, the prices are established for work during normal hours (excluding week-ends and public holidays).

 

3 - ORDER

The order is final and put into our production plan only after acceptance of our Order Acknowledgement by the buyer and after receipt of the down payment.

 

4 - TERMS OF PAYMENT - PENALTIES

Except otherwise indicated, the settlement of the order is made by bank transfer as follows, excluding any discount for early payment :

- 30% down payment with order upon receipt of invoice

- 60% after commissioning and acceptance of the mould in our workshops, 60 days net upon receipt of invoice

- 10% with mould SAT, maximum 60 days net after shipment date

For overdue invoices, Plastisud will apply late penalties equal to 3 times the legal interest rate. The legal interest rate used is the one active on the day of the order.

Beyond 15 days of late payment, Plastisud reserves the right to stop pending orders.

 

5 - WARRANTY

Our warranty is mentioned on our quotation and given in number of injections.

It cannot apply for damages linked to :

• Normal wear of the goods
• Transportation, lack of monitoring or maintenance
• Incorrect use and careless mounting
• Improper operating or environment conditions.

The repair, modification or replacement of the parts during warranty period cannot extend the warranty.

The warranty covers neither indirect damages nor related operating losses, whatever the cause.

The warranty cannot apply if the goods are modified by a third party.

Warranty only applies if buyer has paid all due invoices.

 

6 - DELIVERY

The delivery time indicated with order is as accurate as possible, but depends on our supplies and transport, therefore it cannot be guaranteed. Plastisud doesn’t accept any penalty, allowance for damages or order termination for late delivery, for any reason.

Globally, delivery on time can only be made if all payments are up-to-date.

 

7 - TRANSPORT

The Incoterm® 2020 Ex Works Plastisud Castelnaudary will apply for all deliveries, except otherwise agreed.

In the event of missing or damaged goods upon delivery, the buyer must express reservations to the carrier on the carrier's document and delivery note upon receipt. These reservations must be confirmed to the carrier in writing within 3 days of delivery, in accordance with article L.133-3 of the French Commercial Code, by registered letter with acknowledgment of receipt, copy sent to Plastisud within the same timeframe.

Under no circumstances Plastisud can be held liable for destruction, damage, loss or theft occurring during transport.

 

8 - START-UP AND SERVICE

Plastisud has a team of dedicated technicians for commissioning the mold on buyer’s site. Unless otherwise agreed, the mould commissioning and start-up on buyer’s/converter’s site is not included in our price. If requested, Plastisud will send a separate quote to cover this assistance.

 

9 - TRANSFER OF OWNERSHIP

The transfer of ownership of the goods takes place after full payment of the price of the goods and accessories. As such, if the buyer is subject to reorganization or liquidation, Plastisud reserves the right to claim the goods sold and unpaid.

 

10 - INTELLECTUAL PROPERTY

Plastisud does not grant intellectual property rights or elements of know-how related to the goods sold, whether or not these are supplied to the buyer as part of this order. The buyer is prohibited from reproducing, in whole or in part, trademarks, designs, models, patents or any other industrial or intellectual property rights held by Plastisud, as well as transmitting to third parties any information of any kind allowing the total or partial reproduction of these rights. Infringement would lead to prosecutions.

 

11 - STUDIES, DRAWINGS AND FILES

Plastisud is and remain the sole owner of all its studies, 2D- and 3D-drawings, technical information and documentation given to the buyer regarding the goods.  It is strictly forbidden to reproduce them or communicate them to third parties, in particular to competitors. They must be returned to Plastisud on simple request. The files, studies and drawings provided don’t constitute any commitment for Plastisud. Plastisud reserves the right to modify the goods that it deems useful during the final execution of the order.

 

12 - FORCE MAJEURE

Plastisud shall not be liable if the non-performance or the delay in the performance of one of its obligations, described in these General Terms of Sale, is due to a case of force majeure. As such, force majeure means any unforeseeable and irresistible event as described in Article 1218 of the Civil Code.

 

13 - LITIGATION

The interpretation and execution of these General Terms of Sale is subject to French law. If a dispute or litigation arising from this contract has no possible resolution, it will be brought in front of the Toulouse Commercial Court, which will have sole jurisdiction, whatever the nature, cause or location of the dispute, and even in the event of plurality of defendants.

 

14 - miscellaneous

Should a provision of the General Terms of Sale be or become invalid, the validity of the remaining provisions shall not be affected. The Parties shall replace the invalid provision by a valid provision corresponding as closely as possible to the legal and economic purpose of the invalid provision. Modifications or amendments of these General Terms of Sale must be in writing. This also applies to modifications of this Article 14.