Terms & conditions

The general terms of sale detailed 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- SCOPE OF APPLICATION:

1.1 All sales of products and equipment, as well as servicing by POLY DISPENSING SYSTEMS, are ruled by these general terms, which the client – buyer or order giver – declares to be well aware of and to have accepted.

1.2 In case of conflicting or competing clauses from our contracting party, the latter expressly waives the right to invoke their own clauses.

1.3 If the client disputes these general terms of sale or if their general purchasing conditions contradict these terms, they must notify POLY DISPENSING SYSTEMS by registered letter within a maximum of 15 days after the order date.

1.4 Any client who has already been delivered by POLY DISPENSING SYSTEMS and has been invoiced cannot invoke ignorance of these terms of sale for any reason and refuse their full application.

2- PRICE OFFER AND ORDERS:

2.1 POLY DISPENSING SYSTEMS sends the quotation to the client for acceptance, who has 30 days to accept. Beyond this period, POLY DISPENSING SYSTEMS reserves the right to modify the quote according to price and technical changes.

2.2 The client’s acceptance of the quote must be formalized in writing with an official purchasing order or company stamp with signature on our quote; the order will then be recorded by POLY DISPENSING SYSTEMS.

2.3 Order confirmation will be materialized by an order confirmation, which will constitute a definitive order.

2.4 No order can be canceled without prior written agreement from POLY DISPENSING SYSTEMS. Otherwise, POLY DISPENSING SYSTEMS reserves the right to claim full or partial payment of the order.

2.5 Each order must be at least €150 excluding VAT. Orders below €150 excluding VAT will incur administrative and processing fees of €45 excluding VAT.

3- DELIVERY:

3.1 All delivery times are given as an indication and without commitment from POLY DISPENSING SYSTEMS. No delivery delay will grant financial damages or justify order cancellation.

3.2 Delivery is made to the address indicated on the client’s order form.

3.3 POLY DISPENSING SYSTEMS freely chooses the mode of transport suitable for delivering the ordered equipment.

3.4 Delivery is carried out by handing over the products to the carrier. From the date of this handover, the transfer of risks falls to the client, regardless of the mode of transport and the terms of payment for the said transport. In its relations with the carrier, POLY DISPENSING SYSTEMS acts as the buyer’s agent. The transfer of ownership is delayed until the full and effective payment of the price of the delivered products.

3.5 It is the buyer’s responsibility to check the shipments upon receipt of the products and to make any claims or reservations immediately to the carrier or delivery person if necessary. POLY DISPENSING SYSTEMS expressly declines any responsibility in this regard.

3.6 No claim regarding damage, breakage, or leakage of product packaging can be attributed to POLY DISPENSING SYSTEMS unless notified by registered letter or email within 48 hours of delivery.

4- PRICES AND PAYMENT TERMS:

4.1 Our prices are stated in euros, excluding taxes, and will therefore be increased by the applicable VAT rate on the billing day.

4.2 Our invoices are issued as deliveries occur. They are payable at our head office within 30 days at the end of the month, in accordance with the LME law in France.

4.3 POLY DISPENSING SYSTEMS reserves the right to modify its prices at any time. However, it commits to invoicing the ordered goods at the prices indicated when the order was recorded.

4.4 Payment must be made net of any discount, under the conditions indicated in the POLY DISPENSING SYSTEMS quote. Any first order will require payment upfront upon order.

4.5 Payment terms are critical, and in case of late payment of an invoice as per paragraph 4.2 above:

a) The buyer will automatically owe late penalties calculated at the interest rate applied by the European Central Bank (ECB) to its most recent refinancing operation, increased by 10% per month on any unpaid amount at its due date, without the need for a reminder. In addition to the late penalties already provided by law, a fixed indemnity for collection costs of forty euros (€40 – Decree 2012-1115 of 2.10.2012) will be required.

b) POLY DISPENSING SYSTEMS will have the right to suspend any subsequent deliveries and to demand immediate payment of all amounts, even those not yet due, without the need for a reminder, or to require the immediate return of the delivered products for which it retains ownership as per paragraph 3.4 above, without prejudice to any damages. All costs incurred by POLY DISPENSING SYSTEMS to recover its claim or possession of the delivered products will be borne by the buyer.

5- WARRANTY:

5.1 The warranty is fully assumed by each manufacturer of the products or equipment sold by POLY DISPENSING SYSTEMS. No warranty responsibility is assumed by POLY DISPENSING SYSTEMS for products or equipment it does not manufacture.

5.2 Products or equipment are warranted by the manufacturer against any material or manufacturing defect for the duration specified in the manufacturer’s technical notice upon delivery to the buyer.

5.3 In the event of a warranty dispute, the client expressly agrees not to seek any recourse against POLY DISPENSING SYSTEMS. Any action to claim non-compliance with the warranty must be taken solely with the manufacturer of the product or equipment in question, even if the manufacturer is foreign.

6. FORCE MAJEURE:

6.1 POLY DISPENSING SYSTEMS will not be responsible for any total or partial failure to fulfill its obligations if this failure is due to force majeure or an unforeseen event.

Events considered as such include, but are not limited to, total or partial strikes, interruption of transport services, and any other event hindering or stopping the services or those of its suppliers, even temporarily.

6.2 If a contract or order becomes entirely or partially impossible to execute, POLY DISPENSING SYSTEMS will be entitled to reasonable compensation for any services performed by it up to the date of the occurrence of such impossibility, from which any amounts already paid by the buyer related to the said contract or order will be deducted.

7. LIABILITY:

7.1 For products or equipment distributed or sold in France and abroad by POLY DISPENSING SYSTEMS, the client expressly prohibits any legal action or claim for damages against POLY DISPENSING SYSTEMS.

7.2 Any potential repair action in court must be taken solely against the manufacturer of the said products or equipment.

8. JURISDICTION:

All disputes that may arise from the interpretation or execution of these general terms of sale will be under the exclusive jurisdiction of the courts in the jurisdiction where POLY DISPENSING SYSTEMS’ offices are located, regardless of the accepted payment methods and even in case of multiple defendants or third-party claims.