The general terms and conditions of sale described below outline the rights and obligations of the company POLY DISPENSING SYSTEMS and its customer in the context of the sale of the following goods: Industrial dispensing products and equipment.
1.1 All sales of products and equipment, as well as service provisions by POLY DISPENSING SYSTEMS, are governed by these general terms and conditions, which the customer—whether buyer or ordering party—acknowledges having read and accepted.
1.2 In the event of conflicting or competing clauses from the terms and conditions of our contracting party, the latter expressly waives the right to rely on its own clauses.
1.3 If the customer objects to these general terms and conditions of sale, or if its own general terms and conditions of purchase conflict with them, they must notify POLY DISPENSING SYSTEMS by registered letter within a maximum of 15 days from the order date.
1.4 Any customer who has already been supplied by POLY DISPENSING SYSTEMS and has already been invoiced may not, under any circumstances, claim ignorance of these terms and conditions of sale or refuse their full application.
2.1 The quotation issued by POLY DISPENSING SYSTEMS is sent to the customer for approval. The customer has a period of 60 days to respond. After this period, POLY DISPENSING SYSTEMS reserves the right to modify the offer based on changes in economic and technical conditions.
2.2 The customer’s acceptance of the quotation must be formalized in writing; the order will then be registered by POLY DISPENSING SYSTEMS.
2.3 The order confirmation will be evidenced by an acknowledgment of receipt, which shall constitute a firm and final order.
2.4 No order may be cancelled without the prior written agreement of POLY DISPENSING SYSTEMS. Failing this, POLY DISPENSING SYSTEMS reserves the right to demand full or partial payment of the said order.
2.5 All orders must have a minimum value of €100 excluding tax. Any order below €100 (excl. VAT) will incur administrative and processing fees of €45 excluding tax.
3.1 All delivery times are provided for information purposes only and are non-binding for POLY DISPENSING SYSTEMS. Any delivery delay shall not give rise to any compensation or justify the cancellation of an order.
3.2 Delivery is made to the address indicated on the customer’s purchase order.
3.3 POLY DISPENSING SYSTEMS freely chooses the mode of transport deemed appropriate for the delivery of the ordered equipment.
3.4 Delivery is considered completed upon transfer of the products to the carrier. From that moment, all risks are transferred to the customer, regardless of the method of transport and the payment terms of said transport. In dealings with the carrier, POLY DISPENSING SYSTEMS acts as the agent of the purchaser. Ownership of the goods is transferred only upon full and effective payment of the products delivered.
3.5 It is the buyer’s responsibility to inspect the goods upon receipt and to immediately notify the carrier or delivery agent of any complaints or reservations, if applicable. POLY DISPENSING SYSTEMS expressly disclaims any responsibility in this regard.
3.6 No claims regarding damage, breakage, or leakage of product packaging shall be attributed to POLY DISPENSING SYSTEMS unless notified by registered letter within 48 hours following delivery.
4.1 Our prices are stated in euros, exclusive of taxes, and will therefore be subject to the applicable VAT rate on the date of invoicing.
4.2 Our invoices are issued progressively as deliveries are made. They are payable at our registered office within 30 days end of month, in accordance with the French LME law.
4.3 POLY DISPENSING SYSTEMS reserves the right to modify its prices at any time. However, it undertakes to invoice the goods ordered at the prices indicated at the time the order is recorded.
4.4 Payment must be made net of any discount, under the terms specified in the POLY DISPENSING SYSTEMS quotation. All first-time orders must be paid at the time of ordering.
4.5 Payment deadlines are essential, and in the event of late payment of an invoice, in accordance with paragraph 4.2 above:
a) The buyer shall automatically be liable for late payment penalties, calculated at the interest rate applied by the European Central Bank (ECB) to its most recent refinancing operation, plus 10%, per month on any amount unpaid by its due date, without any formal notice being required. In addition to the late payment penalties already provided for by law, a fixed compensation for recovery costs of forty euros (€40 – Decree 2012-1115 of October 2, 2012) will be charged.
b) POLY DISPENSING SYSTEMS shall be entitled to suspend any subsequent delivery and to demand, without prior notice, immediate payment of all outstanding amounts, even if not yet due, or to demand the immediate return of the delivered products for which it retains ownership in accordance with paragraph 3.4 above, all without prejudice to any claim for damages. All costs incurred by POLY DISPENSING SYSTEMS in recovering its claim or possession of the delivered products shall be borne by the buyer.
5.1 The warranty is fully assumed by the manufacturers of the products or equipment resold by POLY DISPENSING SYSTEMS. POLY DISPENSING SYSTEMS does not provide any warranty liability for products or equipment it does not manufacture.
5.2 The products or equipment are warranted by the manufacturer against any defect in raw materials or workmanship for the full duration of the warranty specified in the manufacturer’s technical documentation at the time of delivery to the buyer.
5.3 In the event of a warranty dispute, the customer expressly agrees not to seek any recourse against POLY DISPENSING SYSTEMS. Any claim regarding non-compliance with the warranty must be directed solely to the manufacturer of the product or equipment concerned, even if the manufacturer is located abroad.
6.1 POLY DISPENSING SYSTEMS shall not be held liable for any total or partial failure to fulfill its obligations if such failure results from force majeure or unforeseen circumstances.
Events considered as such include, but are not limited to: full or partial strikes, interruption of transportation services, and any other event that hinders or stops the services of POLY DISPENSING SYSTEMS or its suppliers, even temporarily.
6.2 If a contract or order becomes wholly or partially impossible to perform, POLY DISPENSING SYSTEMS shall be entitled to reasonable compensation for any services performed up to the date on which such impossibility occurred. Any amount already paid by the buyer in connection with the said contract or order shall be deducted from this compensation.
7.1 In the case of products or equipment distributed or resold in France by POLY DISPENSING SYSTEMS, the customer expressly waives any claim or action for damages against POLY DISPENSING SYSTEMS.
7.2 Any potential legal action for compensation must be brought solely against the manufacturer of the said products or equipment.
Any disputes that may arise from the interpretation or execution of these general terms and conditions of sale shall fall under the exclusive jurisdiction of the courts within the district of POLY DISPENSING SYSTEMS’ registered office, regardless of the accepted payment terms and even in the event of multiple defendants or third-party claims. Only French law shall apply.
