Allgemeine Geschäftsbedingungen

General Sales Conditions

GENERAL TERMS AND CONDITIONS OF SALE

All orders imply unreserved acceptance of STAD's general terms and conditions of sale, which take precedence over customers' general terms and conditions of purchase, unless otherwise agreed in writing and signed by both parties.
STAD offers two main types of products:

- products sold with C.C.P.U. or inspection certificate, i.e. new products, 1" quality choice. - products sold without any guarantee or certificate, i.e. :

- new products, quality 1" choice, manufacturing surplus,
- new products, downgraded factories or 2"' choice (with or without apparent defects), - reused products (which have already been used).

STAD does not have an engineering department.

It is the purchaser's responsibility to ensure that the characteristics of the products ordered correspond to their requirements for use or resale. The purchaser alone is in a position to know and interpret all the parameters to be considered. In all cases, it remains the sole responsibility of the purchaser to assess the suitability of the equipment ordered for the intended use.

1 - Orders.

Orders and changes to orders are subject to STAD's written acceptance.

2 - Prices.

2-1 Unless otherwise indicated, prices are quoted in EURO.
2-2 Supplies are invoiced at the price stated on STAD's confirmation of sale, plus VAT at the rate in force on the day of invoicing, except in the case of VAT exemption for sales of goods for export.

of the invoice, except in the case of VAT exemption for sales of goods intended for export.
2-3 To claim this exemption, buyers based in France must provide proof of exemption prior to collection or shipment of the goods.

2-4 Sales by weight must be justified by a weighing ticket supplied with the collection or dispatch note.

3 - Delivery times.

Delivery times are indicative.
Under no circumstances may a delay in delivery justify a claim for damages or cancellation of an order against STAD.

4 - Collection of goods.

4-1 The loading of trucks is carried out under the sole responsibility of the purchaser or the carrier with whom the purchaser has concluded a transport contract (directly via STAD).

4-2 If, due to the buyer's fault, the date initially set for collection is delayed by more than one month, STAD will issue an invoice for "goods made available" on the basis of the order, as if the goods had been collected, and which must therefore be paid within the same timeframe.

5 - Shipment of goods.

5-1 Goods travel at the purchaser's risk, even those agreed carriage paid. It is therefore the purchaser's responsibility, in the event of damage or loss, to make all reservations and exercise all remedies with the carrier concerned.

5-2 The unloading of trucks or wagons at the agreed place of delivery is the sole responsibility of the purchaser, unless otherwise agreed in writing by STAD.

6 - Payment.

6-1 Unless stated otherwise, invoices are payable in cash at STAD's head office.

6-2 In the event of late payment, non-payment or incidental payment for any reason whatsoever of any invoice, STAD reserves the right to suspend all deliveries until payment of the sums due, or to demand payment of the goods, for current and future orders, by advance payment. In such a case, the customer will forfeit the term of payments relating to other deliveries.

6-3 In the event of non-payment or late payment, the purchaser shall bear late payment interest at a rate equal to three times the prevailing legal interest rate and a fixed recovery indemnity of €40 (Decree 2012-1115 of 02/10/2012).

6-4 In the event of non-compliance by the purchaser with any of the stipulations of the present conditions, as well as in the event of repeated late payment or non-payment, STAD reserves the right to cease all commercial relations with the purchaser. Any sums owed by the purchaser will become immediately payable.

7 - Quality and return of goods.

The purchaser always has the right to inspect the goods stored in STAD's warehouse before they are collected or dispatched.

7-1 For products sold with CCPU or inspection certificate, any complaint concerning the quality of the products must be made in writing, at the latest within eight days of "delivery", and before any use or transformation. If the complaint is accepted by the manufacturing plant, STAD's only obligation will be to replace the goods found to be defective; no compensation may be claimed by the purchaser.

7-2 For products sold without warranty or certificate, whether or not the purchaser has used his right to inspect the goods, no claim may be taken into consideration after removal or dispatch of the goods.

8 - Reservation of ownership.
STAD reserves ownership of the goods sold until full payment of the price and all related costs, it being specified that only the actual cashing of cheques and other bills of exchange will constitute payment. In the event of cessation of payment by operation of law or by operation of fact, the purchaser is expressly prohibited from using, processing or selling the goods whose ownership is reserved to the seller. The seller, without losing any of its rights, may demand the return of all goods of which it has reserved ownership, whether these goods are the subject of the invoice concerned or the subject of other invoices under any of the buyer's orders.

9 - Reservation of title.

STAD reserves the right to demand either the cancellation of the sale, or its compulsory execution, in the event of non-compliance by the purchaser with the special conditions of our confirmation of sale or with the present general conditions of sale.

10- Jurisdiction.

10-1 The interpretation and execution of these general terms and conditions of sale, as well as any act resulting therefrom, shall be governed by French law.

10-2 Any dispute arising out of or in connection with these terms and conditions of sale shall be subject to the exclusive jurisdiction of the Commercial Court of BEAUVAIS.