GENERAL CONDITIONS OF SALES
1. GENERAL PROVISIONS
1.1 Our goods are sold on a binding condition. No exchange or return of product will be accepted, except by prior agreement.
1.2 In this case, the goods shall be returned, SHIPPING CHARGES PREPAID, with the return voucher.
1.3 Our products sold with a limited use period are no exception to this general rule.
1.4 Customised items or special order cannot be returned or exchanged if the order was executed in accordance with the purchase order received. UKAL products only may be returned, subject to conditions.
1.5 We reserve the right to apply a reduction rate for any material or product worn or damaged. The UKAL After-Sale department will issue a credit note upon receipt of the products.
2. GOOD OWNERSHIP
We shall retain the title to the goods until full payment of the invoice has been received. The customer shall be covered for fire, burglary, theft and flood from the shipping date. Claims arising from the cover shall be assigned to us up to a maximum of the amount due. In the event of seizure, attachment or other action taken by third parties, the customer shall immediately notify us. In the event of non-payment in full or in part, or if the buyer fails to comply with a single condition of sale, the vendor may automatically and without any formality, demand to have the goods returned at the buyer’s expense and own risk. Returning the goods does not constitute a cancellation of sale.
3. PRICES
3.1 Prices shown in our price list are given for information purpose and may be subject to change, based on the current economic conditions. Price in the price list will be applied at the time of shipping
4. ORDER PROCESSING AND CANCELLATION
4.1 orders shall be sent to our Sales Department:
UKAL ELEVAGE S.A.R.L. - Rue de l’Etang - CS50244 ESCHBACH - 67892 NIEDERBRONN LES BAINS CEDEX - FRANCE
They are processed in accordance with the specified conditions. We may not be held responsible for orders taken by our representatives which do not automatically imply our acceptance.
Due to the fast turnaround in deliveries, we do not confirm processed orders.
We reserve the right to cancel any order or contract in the following cases:
- Acceptance of draft rejected,
- Instruments returned unpaid,
- Bankruptcy or winding-up,
- Change of form of company,
- Insufficient of credit cover.
For any order placed by phone, a written confirmation may be required on a letterhead and signed.
Backorders: unless otherwise stated, items that are not immediately available are retained as pending and included upon their entry into stock, to the next order, at the effective price on the date of delivery.
Additions of orders are processed as a new order, in accordance with our general conditions of sale.
5. SHIPPING TERMS
5.1 Prepaid shipping, €600 excl. VAT at 01/01/2016, revisable without notice, based on the cost of petroleum products and shipping. If Express shipping has been requested, we will charge the difference between the Express costs and the regular shipping costs.
5.2 Transportation:
All our goods, including those with free shipping, are shipped at the risk of the recipient. We will not be responsible for any breakage or damage that might occur during transport. We only recognise valid the weight from our dispatching stations, including goods sold ‘free shipping’ to the buyer stations. Claims made three days after reception of the goods will not be accepted
5.3 Receipt of goods:
All our parcels are carefully controlled by our shipping services and are delivered undamaged and in good condition. In case of any issue upon receipt of the goods, trace of damage, warranty strip torn or tempered, we will not be responsible if no reservation has been made with the carrier at the time of delivery and confirmed by registered mail within 48 hours.
6. DELIVERY TIME
Our obligations with regard to delivery shall be immediately suspended in the event of partial or total strikes, epidemics, fire, flood or deterioration, mobilisation and force majeure. Delivery times are not strict. They are given for reference only and we will only accept a cancellation for delivery delay, after formal notice sent by registered mail. We provide a 15 days delivery timeframe from shipping just in case of force majeure.
7. WARRANTY
We will not accept any responsibility if the user fails to comply with the user guide of the products or devices sold. The manufacturer may be held responsible if a faulty design or manufacturing of products and equipment only has been duly established by the manufacturer.
8. DAMAGES
Our liability is strictly limited to the obligations so defined and it is expressly agreed that the seller will not be held liable for indemnifying the buyer for any damage suffered, such as - personal injuries and harmed animals, damage to property separate different from the purpose of the contract or loss of income. We will accept no responsibility for accidents that may occur in using our instruments, materials and products.
9. TERMS OF PAYMENT
- Upon receipt of invoice by bank transfer.
-Draft acceptance or direct draft transfer.
Any fees for non-payment at the due date - unpaid draft - charges for notice of protest extension - litigation fees, etc, will be automatically charged to the defaulting party.
By express agreement, and unless a deferred payment has been granted, non-payment of our supplies at the due date will result, regardless of the mode of payment provided, in a contentious action, and will incur an indemnity of 1% of the unpaid amount per month as damages, will be applied, in addition to the legal costs and legal interests. A fixed compensation of 40 euros for the recovery costs will be charged. No discount can be granted for early payment.
10. DISPUTE
In case of dispute, and by express agreement, as the case may be, the Court of First Instance of Haguenau or the District court of Strasbourg, the Civil Chamber or Commercial Chamber, will be the sole jurisdictions for all litigations, even those involving several defendants, third party claims or proceedings. Our drafts or acceptance of payment do not result in any change to this jurisdiction provision.
11. COMPLAINTS
For any claim on deliveries, please contact our sales department and attach the delivery note to the invoice.
12. CONDITIONS OF PURCHASE
Our conditions of sale cancel the conditions of purchase of our customers. Placing an order with us implies for our customers to waive their conditions of purchase.