Clause 1: Object

The terms and conditions of sale described below detail the rights and obligations of MARTEC and its customer in connection with the sale of the following goods: recharging cords, recharging powders, electrodes and reloading, equipment needed to deposit these products and all related products. Any performance performed by MARTEC therefore implies the buyer’s full adherence to these terms and conditions of sale.

Clause 2: Price

The prices of goods sold are those in effect on the day of ordering. They are denominated in euros and calculated tax-free. As a result, they will be increased by the VAT rate and transport costs applicable on the day of the order.
MARTEC grants its rights to change its rates at any time. However, it undertakes to charge the goods ordered at the prices indicated when the order is registered.

Clause 3: Discounts and rebates

The proposed rates include discounts and rebates that MARTEC would be required to grant in light of its results or the purchaser’s assumption of certain services.

Clause 4: Discount

No discount will be given in the event of prepayment.

Clause 5: Payment Terms

Orders are settled by bank transfer. The deadline is shown on the receipt of the order as well as the invoice. When registering the order, the buyer will eventually have to pay a down payment that will remain to be defined at the time of the order.

Clause 6: Late payment

In the event of a total or partial default on the goods at maturity, the buyer must pay MARTEC a late penalty equal to three times the legal interest rate. The rate of statutory interest withheld is the rate in effect on the day of delivery of the goods.
As of January 1, 2015, the statutory interest rate will be revised every 6 months (Ordonnance n°2014-947 du 20 août 2014). This penalty is calculated on the TTC amount of the remaining amount owed, and runs from the due date of the prize without any prior notice. In addition to the late payments, any amount, including the down payment, not paid on its due date will directly result in the payment of a lump sum payment of 40 euros due for collection costs. Articles 441-6, I alinéa 12 et D. 441-5 du code de commerce.

Clause 7: Resolution Clause

If within a fortnight of the implementation of the “Delay payment” clause, the buyer has not paid the remaining sums owed, the sale will be resolved as of right and may be entitled to the allocation of damages to the company MARTEC.

Clause 8: Property Reserve Clause

MARTEC retains ownership of the goods sold until the full payment of the price, principal and accessories. As such, if the purchaser is the subject of a remedy or a judicial liquidation, MARTEC reserves the right to claim, in the collective proceedings, the goods sold and remained unpaid.

Clause 9: Delivery

Delivery is made:
either by handing the goods directly to the buyer;
either by sending a notice of availability in-store to the buyer;
or at the place indicated by the buyer on the purchase order.

The delivery time indicated when the order is registered is given only as an indication and is not guaranteed in any way. As a result, any reasonable delay in the delivery of the products will not result in the buyer’s benefit from:
the allocation of damages or the cancellation of the order.

The risk of transport is borne in full by the buyer. In case of missing or deteriorated goods during transport, the buyer will have to formulate all necessary reservations on the purchase order for the goods. These reservations must also be confirmed in writing within five days of delivery, by AR registered mail.

Clause 10: Force Majeure

MARTEC’s liability cannot be implemented if the non-performance or delay in the performance of one of its obligations described in these terms and conditions of sale arises from a case of force majeure. As such, force majeure means any external event, unpredictable and irresistible in the sense of l’article 1148 du Code civil.

Clause 11: Competent Tribunal

Any dispute relating to the interpretation and performance of these terms and conditions of sale is subject to French law.
In the absence of an amicable resolution, the dispute will be brought before the Angers Commercial Court.