The present general conditions of sale apply to all sales made by the IDCD MULTIWAVES company to professional purchasers, notwithstanding such clauses as may be shown in the customer’s documents, and in particular in the customer’s general conditions of purchase; the present conditions cover audio and video products. All customers must sign the present general conditions of sale, which remain valid until such time as fresh general conditions come into effect.
All orders must be forwarded in writing, directly, or by mail, e-mail, E.D.I. or fax, for the attention of MULTIWAVES. When the orders have been received by our department, they become definitive and cannot be cancelled.
MULTIWAVES can keep backorders if the customer instructs it to do so, (periods of backorders : 10 days, 15 days, 2 months, etc.), but in that case no such backorders can be rejected without the approval of MULTIWAVES.
The planned delivery lead times are forwarded for information purposes only, and the fact of making any deliveries behind schedule does not entitle the purchaser to cancel the orders, reject goods or make any claims for damages.
The products are sold at the prices set out in the price lists drawn up by MULTIWAVES and valid at the date of receipt of the order by MULTIWAVES. Our prices are ex warehouse, carriage forward. Any carriage costs paid by MULTIWAVES are thus invoiced to the customer. We reserve the right to modify our prices and conditions of sale without notice.
Our invoices are made out exclusive of VAT. Within the framework of the regulations governing deliveries made within the European Union and in accordance with the legal provisions in force since 1 January 1993, invoicing is only made out exclusive of VAT if the purchaser has a VAT registration number.
All invoices are made out in euros (€).
All the rights and royalties due on products sold by MULTIWAVES have been paid ipso jure by the suppliers of MULTIWAVES.
All orders placed with MULTIWAVES are the object of firm sales ex warehouse from our premises in Niort, France.
The purchaser always bears all risks concerning our goods during transport, even if the goods are sent carriage paid, as it is agreed that in that case MULTIWAVES acts as the customer’s agent when dealing with any such dispatch or transport.
It is up to the purchaser to express such reservations as may be necessary, within the periods and in accordance with the modalities set out in article L133-3 of the French Code of Commerce, or such similar legislation as may be in force in the country of delivery, and make such claims as may be required against the carriers, if any goods are damaged or missing or have to be returned. The deliveries are made to the address shown on the order forwarded by the purchaser. The products can be delivered or handed over in any other location designated by the Purchaser, subject to 7 days’ notice, and at the Purchaser’s sole cost. In the same way, if the purchaser makes any specific requests concerning the conditions of packaging or carriage of the products ordered, and if the said requests have been duly accepted by MULTIWAVES in writing, the corresponding costs will be the object of specific further invoicing.
Such complaints as may be made concerning missing or faulty products must be forwarded to MULTIWAVES in writing within 15 days at most as from the date of receipt of the goods.
All parcels sent by MULTIWAVES have security strips (except parcels on pallets). The customer is required to check their presence at the time of receipt, and if they are not present, to check carefully the contents of the parcel or parcels received before accepting the goods. If the contents are not satisfactory (missing or faulty goods), the customer must reject the goods. Failing that, the products delivered by MULTIWAVES will be considered as complying with the order in terms of quantity and quality.
No complaints or claims will be accepted if the purchaser fails to comply with these formalities.
All our invoices are payable at the head office of:
IDCD / MULTIWAVES – 15 Rue Blaise Pascal - 79000 Niort - FRANCE.
Unless otherwise agreed in writing, all payments are made in advance for an initial order and on receipt, at 15 days date to date, 30 days date to date, or 30 days end of month for subsequent orders, subject to approval from our insurance company, SFAC.
Any exemptions from the conditions of payment, and/or any discounts, can only stem from commercial cooperation agreements linked to the customer’s quality and to the mutual services resulting from such quality.
In the event of late payment, and if the Purchaser fails to forward the amounts due on or before the date set, and the payment date shown on the invoice forwarded to the purchaser, penalties for late payment equal to one-and-ahalf times the legal rate of interest in force in France will be owed to the Supplier automatically, ipso jure and without further formalities or notice, and without prejudice to such other claims as the Supplier may see fit to make against the Purchaser in the matter.
In the event of failure to comply with the conditions of payment as set out above, the Supplier also reserves the right to suspend or cancel delivery of orders placed by the Purchaser; to suspend execution of its obligations; or to reduce or cancel such discounts as may have been granted to the said Purchaser.
In the event that the Purchaser fails to pay all or part of the price of the order, the Supplier reserves title to the products sold, untils such time as full and final payment has been received; the Supplier is hence entitled to repossess the said products. Such part payments as may have been made by the Purchaser remain the property of the Supplier as inclusive compensation, without prejudice to such other claims as the Supplier may see fit to make against the Purchaser in the matter.
MULTIWAVES does not accept returns of goods sold for export, other than in cases of faulty goods or delivery error(s), and MULTIWAVES’ prior approval must be obtained concerning any such returns. If any such return is accepted by one of MULTIWAVES’ representatives, it must be made at the Customer’s cost, to MULTIWAVES, 15 rue Blaise Pascal, 79000 Niort / France, within 30 days at most as from the date of the approval concerning the said return. On expiry of that period, MULTIWAVES is entitled to reject any such return.
The personnel dealing with stocks only accept returns of goods and parcels bearing confirmation of approval of return (return approval number to be shown on the parcel). Any other goods are rejected automatically. Once the returned goods have been accepted in the stocks and dealt with administratively, a credit note is made out and forwarded to the customer. Note: No returns of vinyl records are accepted.
It is expressly agreed that the Niort tribunal de commerce is the sole court competent for any disputes arising from the presents conditions, unless COFACE decides otherwise.
