Terms and Conditions of Sale

Orders and order changes are subject toSOTOMET's written acceptance.

• aUnless otherwise specified, prices are in euros.
• bSupplies are invoiced at the price stated in the SOTOMET quote, plus VAT at the rate in effect on the date the invoice is issued, except in cases where sales of goods intended for export are exempt from VAT.
• cTo qualify for this exemption, buyers based in France must provide proof of exemption before the goods are picked up or shipped.
• dSales by weight are documented by a weighing slip provided with the pickup or shipping slip.

Delivery times are approximate.

• aLoading of the trucks is the sole responsibility of the buyer or the carrier with whom the buyer has entered into a transportation contract.
• bIf, due to the buyer, the scheduled pickup date is postponed to the following month, SOTOMET will issue, based on the order, an invoice for “goods made available, ” as if the goods had been picked up, and this invoice must therefore be paid within the same time frame.

• aGoods are shipped at the buyer’s risk, even those agreed upon as “free shipping.” It is therefore the buyer’s responsibility, in the event of damage or loss, to file all claims and pursue all remedies with the carrier in question.
• bUnloading of trucks at the agreed-upon delivery location is the sole responsibility of the buyer, unless otherwise agreed in writing by SOTOMET.

• aInvoices are payable within 45 days of the end of the month, in accordance with Act LME 2008-776 of August 4, 2008, payable to SOTOMET.
• bIn the event of a delay, non-payment, or payment issue for any reason whatsoever regarding any of the invoices, SOTOMET reserves the right to suspend all deliveries until the amounts due are paid, or to require payment in advance for current and future orders.
• cIn the event of nonpayment or late payment, the buyer shall be liable for late payment interest at a rate equal to three times the statutory interest rate.
• dIn the event of the buyer’s failure to comply with any of the provisions of these terms and conditions, as well as in the event of repeated late payments or nonpayment, SOTOMET reserves the right to terminate all business relations with the buyer. Any amounts owed shall become immediately due and payable.

The buyer always has the right to inspect the goods stored at the SOTOMET warehouse before they are picked up or shipped.

• aFor products sold with a C.C.P.U. or inspection certificate: any claim regarding product quality must be submitted in writing no later than 8 days after delivery and before any use or processing. If the claim is accepted by the manufacturing plant, SOTOMET’s sole obligation will be to replace the goods found to be defective; the buyer may not claim any compensation.
• bFor products sold without a warranty or certificate: regardless of whether or not the buyer exercised their right to inspect the goods, no claims will be considered after the goods have been picked up or shipped.

• aSOTOMET retains title to the goods sold until full payment of the price and any related charges has been made. In the event of suspension of payments, the buyer is expressly prohibited from using, processing, or selling the goods for which the seller retains title. The seller may demand the return of all goods for which it has retained title.
• bSOTOMET reserves the right to seek either the rescission of the sale or its specific performance in the event that the buyer fails to comply with the special terms of our sales confirmation or these general terms and conditions of sale.

• aThe interpretation and enforcement of these general terms and conditions of sale, as well as any actions arising therefrom, shall be governed by French law.
• bAny dispute arising from these general terms and conditions of sale shall fall under the exclusive jurisdiction of the Commercial Court of Poitiers.