General terms of Sales

I. MAIN CLAUSE

All our sales are subject to these present main conditions which prevail over any purchase under conditions, except formal derogation written and signed by us.
They have been updated on 14th September 2011.

II . CONFIDENTIALITY

All designs, plans, drawings or documents which are given or sent by MELJAC remain its property ; in any case and for any reason, they cannot be transmitted to a third.

III. CONTRACT FORMATION

An order is only accepted if MELJAC receives a written order form with headed notepaper for companies or on free paper for private person, with name and signature from the buyer.
This order means the agreement to the Export Unit prices, valid during the order and also to the professional discounts which are granted to the buyer.
MELJAC will not accept any modification or cancelling of the order after 48 hours.
MELJAC will not take back any goods, except for a particular agreement between the buyer and MELJAC.
According to the craft method of manufacturing, the delivery time is given only as information: around 4 to 6 weeks for standard manufacture.
For each specific manufacturing, the delivery time will be studied individually.
Under these conditions, any delay penalty will not be accepted, except for particular cases and previous writing agreement.

IV. PROPERTY RESERVE

MELJAC keeps the property of sold goods up to the payment in full of the main and secondary price.
The non-payment from one falling due could land one in claim of goods from MELJAC.

V. PRICES – TERMS OF PAYMENT

The prices from MELJAC are Public prices in Euro valid during the indicated time period.
The shipping fees are not included in the price (prices are quoted in E.X.W (INCOTERM CCI 2000) : Ex Works).
MELJAC reserves itself the right to modify at anytime its prices according to the cost of the raw material.
Each definitive order should require one initial payment of 50% of the total order amount.
The balance is due before before shipment or at the pick-up of the goods according to the delivery terms defined in the order confirmation.
Any other terms of payment have to be written by MELJAC and undersigned the client.
The terms of payment have to be accepted by the order, on risk of delaying its process.
Any delay in the settlement of one previous order induces the blocking of the account and then all the shipments for the same client could be postponed up to the complete settlement of all the outstanding Export invoices.

VI. GUARANTEE

A. The sold goods from MELJAC are guaranteed against each apparently faulty construction and/or working which should result from one manufacturing and design default or from raw material default, under these below conditions :
– The apparent fault should be mentioned to MELJAC at reception of the goods.
– The eventual functioning fault should be apparent and be immediately advised to MELJAC within 7 days from the delivery date, for the using of the goods according to its finality and its nature.
Past these deadlines, the buyer cannot be accepted to engage any kind of guarantee.

B. The guarantee from MELJAC is excluded in any case :
– If the fault results from the normal usury of the good or from one negligence or maintenance fault from the buyer (refer to the service sheet in each product).
– If the material has been mounted or connected without having respected the using conditions.

C. The responsibilty from MELJAC is obligatory limited to the above defined guarantee and reserves and could not be in any case either inquired or pledged because of incidents or/and accidents on persons or on things in the case of abnormal or of non-conform installations and using to the finality or to the nature of our material.
This responsability is limited in any case in its total amount or the amount of the involved materials.

D. The dimensions and weight of our models are given here only as information.

E. MELJAC reserves itself the right to modify constantly the characteristics and fittings of its models.

VII. RESOLUTIVE CLAUSE WITH FULL RIGHT

In non-execution of their obligations by one or two parties, the contract ruled by the present general conditions of sale should be terminated with full right for the benefit of the other party, without prejudice of damages and interests which could be claimed by the declining party.
This termination will become operative 14 days after having sent a giving notice by registered mail by acknowledgment if it remains without reply.

VIII. ATTRIBUTION OF JURISDICTION

Each litigation regarding the conclusion, execution, interpretation of the contract sales terms which could not be resolved amicably, should be submitted to the exclusive competence of the Commercial Court of Paris, even in case of resort with guaranteed or with plurality of defendants.

IX. ACCEPTANCE AND OBJECTION

The present general conditions of sale constitute an element of contract.
Customers from MELJAC are considered to have accepted these conditions, except any reserve which are mentioned on the order.