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Contact us

  • SCALP
  • ZI de la Poudrette 8-14, Allée de Bruxelles 93 320 Les Pavillons sous Bois France
  • Tel. +33 (0)1 48 48 39 76
  • scalp@scalp-france.fr

1. GENERAL POINTS:

These general terms and conditions of sale govern the contractual relationships that may exist between our company and its clients. No specific condition may, unless formally agreed in writing by our company, override thesegeneral terms and conditions of sale. Any condition of a contrary nature put forth by the buyer will therefore, in the absence of express agreement, be unenforceable against our company, irrespective of when it was brought to our attention.

The sale of chemical products is reserved exclusively to legal entities. SCALP SAS will reject orders from private individuals.

2. PRICES:

Our prices are expressed in euros excluding taxes. The prices applicable are those in force on the date the order is placed by the client. Unless otherwise indicated by us, price quotations provided by our company are only valid for one month from the date the quotation is sent to the client.

Our minimum orders in terms of weight and value for free delivery and to avoid logistics and administrative costs are readjusted each year.

 

3. PAYMENT:

Payment terms are calculated from the delivery date. Our invoices are payable on receipt, unless otherwise agreed between the parties.

First orders must be paid in cash or before dispatch. Invoices must be paid in full. Account applications must be accompanied by a bank statement (RIB - bank details) for approval by us.

Failure to pay the invoice on the due date will lead to all sums owed becoming immediately payable, irrespective of the conditions previously agreed. Once formal notice has been sent by registered mail with acknowledgement of receipt, late payment interest will be calculated on the sums owed. Penalties will be calculated based on 12% per annum. Late payment penalties will be payable without the need for a reminder. Failure to return an item sent for acceptance will be tantamount to refusal to pay (article124 of the [French] Commercial Code).

Failure of a professional debtor to pay the sums owed on the due date will result in the latter being automatically liable to pay a fixed penalty of €40(articleD.441-5of the [French] Commercial Code). If recovery costs are higher than the value of this fixed penalty, the creditor can demand additional compensation on submission of supporting evidence (articleL.441-6 paragraph 12 of the [French] Commercial Code).

Discount rate for early payment: 0.25% per full month.

 

4. DEMAND FOR GUARANTEES:

Damage to the buyer’s credit rating can, at any time, in accordance with the risks incurred, justify the introduction of an upper limit to the buyer’s credit, the demand for certain payment terms, cash settlement or certain guarantees. This is particularly the case if a sale, lease, pledge as security or contribution of business assets has an unfavourable effect on the buyer’s credit rating.

 

5. ORDERS:

Orders are only deemed to have been accepted on receipt of written confirmation signed by our company, indicating the availability of the product and delivery time. In the absence of confirmation, delivery will constitute acceptance of the order.

In any case, our acceptance, even in writing, remains subject to the condition, up to delivery to the client of all or part of the order, that no financial risk or other issue arises such as to call it into question.

 

6. FORCEMAJEURE:

Force majeure and in general any event that may impede the production, supply and availability of products will be deemed to render the contract unenforceable whatever the cause. In these cases, if within a period of one month following notification of breach of contract, we are unable to provide a new delivery date, the buyer may cancel the order or transaction, but only for the quantity of goods that cannot be dispatched on the grounds offorce majeure.

 

7. DELIVERY TIMES:

Order delivery times are provided as a guideline. No damages, deductions or order cancellations of will be accepted if these times are exceeded.
 

The goods and packages travel at the buyer’s risk (even in case of free delivery). It is therefore the responsibility of our clients to safeguard their rights with regard to carriers, in accordance with the provisions of articles105etseq. of the [French] Commercial Code. The absence of reservations on receipt of the goods nullifies all complaints relating to the identity of the product and apparent defects or damage.

Products can be handed over directly, delivered to a carrier or transported to the vendor’s premises and warehouses.

 

9. RETURN OF GOODS:

Our drivers cannot accept the return of goods without prior agreement. No return of goods will be accepted without our agreement.

The client must follow the return of goods procedures using a carrier. The transport costs incurred will be refunded. Failure to adhere to these procedure, will result in the removal costs of the goods being borne in full by the client. The return slip provided by us must be attached to the parcel in question.

 

10. RETENTION OF TITLE:

We retain ownership of our goods and packages until the invoice has been paid in full. However, all risks are transferred on dispatch of the goods. Up to this date, the goods delivered will be considered as deposited in the warehouse, however all risks associated with these goods, for any reason whatsoever, will be borne by the buyer.

The buyer undertakes to take all necessary steps to customise the goods as being the vendor’s property. Buyers who wish to have access to these goods for processing or resale prior to full payment must be authorised to do so.

 

11. COMPLAINTS:

The client undertakes to check the parcels, in terms of quantity and quality, on receipt. Any complaint concerning our goods will be considered null and void if it is not sent by registered mail with acknowledgement of receipt within 8 days of the delivery or availability. In order for a complaint relating to product non-compliance to be admissible by SCALPSAS,theclient must make the batch of products in question available to SCALPSAS. Failure to make these available will remove any recourse.

Checks must be carried out before application of our products. If a defect is apparent prior to application or appears during application, the client or users will be responsible for the entire application of the product. The act of continuing the work implies tacit acceptance of the product. The client must ensure that goods are suitable for the intended application. Our products must be used in line with normal application rules and procedures.

 

12. GUARANTIES– LIABILITIES:

Our company cannot be held liable in case of failure, of any type whatsoever, on the part of our suppliers. Our only guarantee is limited to the compliance of the goods we deliver with the specifications indicated in our sales contracts or drawn up in agreement with our clients.

If the products we deliver do not comply with the order specifications, the liability of the vendor is strictly limited to the obligation to replace the faulty goods, excluding all damages.

The guarantee does not apply:

-If the faulty material or design comes from the buyer;

-If the faulty operation arises due to negligence on the part of the buyer;

-If the faulty operation is the result of forcemajeure.

 

13. ATTRIBUTION OF JURISDICTION:

ALL DISPUTES, WHATEVER THEIR NATURE, MUST BE BROUGHT BEFORE THE COURT OF BOBIGNY,WHICH WILL HAVE SOLE JURISDICTION.

 

14. NULLITY:

The partial or total nullity of any of the provisions of these general terms and conditions of sale will not affect the validity of the other provisions.