Terms of Sale : BIOAROMES

Terms of sale

Subject: Terms and Conditions updated on 1 January 2012. Subject to change without notice.

1 – Preamble
Any orders of goods or services placed by the Customer shall be subject to the Terms and Conditions of Purchasing below unless otherwise regulated in individual agreements. These terms and conditions are deemed accepted if the buyer has no reservations within 8 days from the date of receipt of the said conditions. They are subject to change and are valid order by order.

2 – Formation of the sale contract
Orders, including the cases handled by sales representatives of the seller, are firm and definitive as of the date of issue. This document can take the form of: fax, email, mail-branded or signature of the client.

3 – Delivery – Transfer of risk

3 – Delivery – Transfer of risk
a) Delivery times will run from either (1) the date the firm order has been accepted by the seller, (2) the date the seller receives confirmation of the opening of the letter credit when the payment was withheld. Delivery times are provided for information: no compensation may be requested by the buyer in case of late delivery.

b) Unless otherwise agreed between the parties, the products are sold in France starting EXW laboratory. As a result, products are loaded and transported at the risk of the buyer. It is up to him, unless otherwise specified, to ensure the costs and risks of transport of goods sold, after delivery.

4 – Price – Payment.
Payable to the bank account Credit Mutuel Bio Aromes Verneuil sur Avre.

A – Unless otherwise agreed, prices are current at the date of billing.
B – Unless otherwise stated, the terms of payment of invoices are as follows:

Export Sales: Vendor invoices are payable (1) by bank transfer to the presentation of pro forma (2) by irrevocable letter of credit.

C – Payment must be made the address of the seller, the transfer fees related thereto shall be borne by the purchaser. The billing date is defined as the date of availability of products on the premises of the seller. The payment date is the date the seller’s bank account indicated on the front of the invoice is credited.

D – In case of late payment, and unless the delay is attributable to the seller, the seller is entitled to his choice of (1) suspend performance of its obligations until the payment is due performed and / or (2) claim payment of interest on arrears equivalent to three times the legal rate in force applied to the amount of debt. If the recovery procedure, it will be charged an application fee and a penalty clause applied at a rate of 15% of the amounts claimed.

E- There is no cash discount.

5 – Retention of title
A seller retains ownership of the goods sold until payment of the full price in principal and accessories. Is not paid within the meaning of this clause the delivery of an instrument creating an obligation to pay (or other processes). The failure to pay any of the deadlines may result in claims of the products. These provisions do not prevent the transfer to the buyer upon delivery, risk of loss and damage of goods sold and the damage they could cause. If the subject property is not applicable in the country of the buyer, the seller will then benefit from other security related products in accordance with applicable local law.

6 – Guarantees – Claims

A – Seller warrants that the products are good quality and in accordance with their intended use. The buyer will be responsible for transport, storage and handling products.

B – Any complaints regarding the condition of the goods (packaging, quality, weight, technical etc. ..) must be sent in writing to the seller within eight days from the date of receipt of goods on the premises of the purchaser . This claim will detail precisely the damage. All claims submitted beyond this time will be invalid.

C – In the event that the products would be nonconforming or defective, the purchaser must undertake to immediately inform the seller and to comply with the instructions of the seller regarding the action (destruction of the products, return the product to the seller, etc ….) The vendor will replace the defective or non-compliant products at its own expense when its liability has been proved, at the expense of the buyer otherwise. No other compensation or compensation of any kind will be due.

7 – Limitation of Liability
Products must be used in accordance with the technical requirements which the buyer acknowledges and related conditions including manufacturing, transport, storage or shelf life. The buyer is obliged to inform customers of these conditions. Thus, the seller’s liability shall in no event be held, if used in manufacturing, transportation or storage of abnormal products.

In the case of contract manufacturing is the principal manufacturer. Bio Aromes is the service provider. For this reason the customer is responsible for the file regulatory and manufacturing cosmetics containing ingredients or packaging provided or ordered by the customer. Responsibilities are governed by the conditions of manufacture, packaging and pricing linking the originator to Bio Aroma available on the website www.bioaromes.com that unless it is amended and signed by both parties and serves as a contract implied reference .

8 – Protection of Intellectual Property Rights

A – The buyer recognizes all intellectual property rights (whether in respect of trademarks, industrial designs, patents and / or copyrights) vested in the seller.

B – The buyer agrees to immediately notify the seller of any fact which it becomes aware. Which would be likely to prejudice the rights of the seller. The buyer will make his best seller assistance to enable it to defend its rights. The cost of any legal action or any settlement will be paid by the seller who only receive financial compensation may be obtained.

9 – Applicable law – Jurisdiction

A – These conditions of sale are subject to French law.
B – The French courts, have exclusive jurisdiction.