General conditions of sale

1 — CONCLUSION OF THE CONTRACT

Written offers are only binding on INOXTUBE for immediate response and prices are subject to change without notice. Additional supplies are the subject of a new offer from INOXTUBE. It is only after express acceptance by INOXTUBE of the Buyer's order that the two parties are bound by the sales contract. Our studies and recommendations are done on a voluntary basis and given for information purposes only. They do not engage the responsibility of INOXTUBE. They do not constitute an element of execution and it is up to the customers under their own responsibility to check them and in particular to verify that they take into account general rules applicable to the type of implementation and to the particular conditions of use envisaged. Likewise, it is up to customers to check, before manufacture, by appropriate tests, that the products used are suitable for the intended uses.

2 — TOOLS

The creation of special tools on behalf of a customer involves specific costs that are partially incumbent on the customer. This contribution to the costs is payable when the order is placed and the terms of possible amortization are negotiated for each case of creation. In all cases, we retain ownership of this special tool, but we refrain from using it without the Customer's agreement, to manufacture the profile for a Third Party. We maintain in good condition and renew at our expense the tools necessary for the manufacture of the product for the duration of its regular use by the Customer. Special tools are created on models or drawings submitted by our Customers under their sole responsibility. Consequently, our Customers are personally responsible for any action or claim that may arise from a copy or counterfeit relating to the execution of orders that they have entrusted to us. Likewise, our Customers assume all the risks of a possible inadequacy of their models or designs for the intended uses. In the event that this model or drawings is the subject, at the request of the Customer, of an additional study carried out voluntarily by INOXTUBE, it is understood that it cannot under any circumstances be considered as an element of execution, but only as a Project. It will therefore be up to the user, under his own responsibility, to check it and, in particular, to verify that the study takes into account the general rules accepted for this type of implementation and the particular conditions of use.

3 — DIMENSIONAL TOLERANCES

Unless otherwise specified on our plans, the dimensional tolerances of the profiles are those of the AFNOR standards in force.

4 — PACKAGING

INOXTUBE does not incur any responsibility for the defect in packaging the goods, in the absence of a specific commitment on its part on this point in the sales contract. Some special (practical) packaging is our property and must be returned to us as soon as possible. Beyond the contractual deadline, we reserve the right to charge for a rental or even a deposit, at cost, including overheads, for the immobilization of this packaging.

5 — QUANTITIES DELIVERED PER ORDER STATION

The quantities invoiced are those that were actually delivered. They may differ from the quantities ordered by up to + 10% if they are not derogated from them by special conditions, case by case.

6 — DELIVERY CONDITIONS

Goods, even when returned free of charge, travel at the sole risk and peril of the Buyer, as soon as they are made available to the Buyer in INOXTUBE factories or stores. If the shipment is delayed by the will of the Buyer and INOXTUBE consents to it, the equipment is stored and handled at the expense and risk of the Buyer without responsibility for INOXTUBE. By express agreement, unloading at the place of delivery is ensured, exclusively, by the care and under the responsibility of the Buyer, regardless of the participation made in the unloading operations by the staff of INOXTUBE or the carrier who then assumes the capacity of agent of the Buyer. Delivery can only take place if the goods are received. In the opposite case. INOXTUBE reserves the right to claim from the Buyer the costs corresponding to the return, the new presentation of the goods and all related handling costs. The goods must be checked at the time of unloading. No complaint can be accepted after the departure of the driver if it is not the subject of reasoned reservations noted on the dispatch notice and confirmed within 48 hours by registered letter with acknowledgement of receipt to the carrier, otherwise the delivery is deemed to be in accordance with the specifications of the Buyer's order. The Buyer alone exercises recourse against the carrier. The choice of the carrier by INOXTUBE does not change the Buyer's obligations in this respect. Except in the case where the Buyer wishes to choose the carrier or define the conditions of transport, shipments are made at the option of INOXTUBE by any means of transport, at the most reduced rate. If the Buyer imposes on his carrier or special conditions of transport, INOXTUBE is entitled to charge him the additional transport costs that he may be required to bear as a result.

7 — TERMS OF PAYMENT

The goods are payable at the Head Office of INOXTUBE. Their availability constitutes the fact generating invoicing. INOXTUBE applies discount differences and incentives taking into account the payment periods it grants and market credit rates. In the event of non-payment of payment deducted from the invoices by the dates fixed or extensions of due dates, any discount deducted during the invoicing is included in part or in full under the conditions set out above and the sum due will be subject to interest by operation of law and without notice of default at the discount rate agreed in commercial relationships with the Buyer, without being able to be lower than the base rate of the National Bank of Paris increased by 4 points. The non-payment by the Buyer of an invoice by its due date or the non-return within ten days, of an item sent upon acceptance makes the payment of all other INOXTUBE invoices to the Buyer regardless of their term immediately due, even if they have given rise to bills of exchange already in circulation. In this case, INOXTUBE will have the right to suspend or cancel the execution of the contract or of orders in progress and to require cash payment before dispatch of any new invoice regardless of the conditions previously agreed for this supply. Any change in the Buyer's situation, such as in particular: sale, contribution, or lease management of all or part of his business, death, incapacity, difficulties or cessation of payments, receivership and liquidation, dissolution or modification of form, even after partial execution of contracts or orders, even after partial execution of contracts or orders, leads to the application of the same provisions as those referred to in the event of non-payment of invoices. If the shipment of our goods is delayed due to the buyer, a delivery invoice may be issued payable within the same period as if the goods had been shipped on the date provided for in the contract without prejudice to the invoicing of shopping costs.

8 — RESERVATION OF TITLE

Until full payment of their price by the Buyer, INOXTUBE reserves the ownership of the goods sold and the right to take them back, as they are, in any place where they are in the custody of the Buyer or to claim all or part of the resale price from a third party purchaser. Notwithstanding this clause, all risks that the goods may suffer or cause as soon as they are made available to the Buyer remain the responsibility of the latter.

9 — PRICE

Our prices are subject to revision, shipments being invoiced according to the economic conditions in force on the date the products are made available. Our prices are for items that can be delivered at one time.

10 — GUARANTEES

Unless otherwise stipulated, orders are executed, in accordance with the standards, if any, and with the usual tolerances, in current qualities and without any knowledge of the special use for which the Buyer intends the products. It is up to the Buyer to notify us if a special quality is required. The receiver should check quantity, weight, dimensions, and quality immediately. Any complaint must be immediately recorded on the shipping notice issued upon delivery of the goods and confirmed. In all cases, INOXTUBE can only be required to replace products recognized as defective at the lowest transport rate, pure and simple, at the lowest transport rate, without any other compensation, the products thus replaced remaining its property. Defects resulting from storage, assembly or use of products by customers in abnormal conditions or not in accordance with the rules of art are excluded from all guarantees. INOXTUBE does not accept any return of goods without prior authorization. In case of authorization, the goods concerned must be returned by the Buyer in the condition in which they were supplied.

11 — DELIVERY TIME

The delivery times indicated by INOXTUBE are from the date of the acknowledgement of receipt of the order. Unless expressly agreed, these deadlines are only indicative and are not mandatory: exceeding them cannot lead to the cancellation of the order or compensation. Wars, strikes, epidemics, the total or partial interruption of transport, the shortage of raw materials, the impediments resulting from the provisions of the authority concerning imports, foreign exchange or internal economic regulations, incidents and accidents and any cause causing the unemployment of all or part of the factories and, in general, all fortuitous cases or force majeure automatically authorize the suspension of current contracts or their late execution without compensation or damage. e-interest.

12 — ATTRIBUTION OF JURISDICTION

In the event of a dispute, French law alone is applicable and the Courts on which the Head Office of INOXTUBE depends are solely competent. Regardless of the conditions of sale and the method of payment agreed upon, even in the event of a guarantee appeal or a plurality of applicants or defenders or the creation of bills of exchange.

13 — VALIDITY OF THESE GENERAL CONDITIONS

These general conditions of sale of INOXTUBE cancel and replace all previous contrary documents.