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GENERAL TERMS FOR EXPORT 2019

The following general terms state the rights and obligations of the company LAMA France regarding the sales of compatible printing supplies.
In case no separate contract between the customer and LAMA France has been concluded and no general or particular terms have been clearly accepted by the company LAMA France, all the sales of the company LAMA France are subject to the general terms described here below.

As a consequence, all sales made by the company LAMA France involve the approval by the customer to the present general terms without any restrictions and all kind of catalogues, brochures or other advertising documents are only an indication and are submitted to the present general terms.

I. TERMS TO BE APPLIED TO THE ORDER

Each order is concluded after the reception of the written confirmation. In case of an order by phone, it needs to be confirmed by fax or e-mail. LAMA France rejects any responsibility in case this procedure has not been respected.

II. OPENING OF CUSTOMER ACCOUNT

The following document has to be sent to LAMA France:

-    The complete filled in and signed ‘’ Account opening form ‘’ (available at Lama France sales department)

III. CONDITIONS & DELIVERY TIME

Minimum order amount: 1.000 € / $ 1500

Delivery issues:
In case of problems during the delivery of the goods, the customer has to mention all the remarks on the delivery note of the forwarder, when receiving the goods (in case of damage, missing goods, errors) and to inform LAMA France by post or by e-mail within a period of 72 hours following the reception of the goods. In case this procedure has not been followed, the company LAMA France is not in a position to take any action.

IV. SALES PRICE

All our prices must be understood EXWORKS LAMA France, however a freight quotation can be suggested.

Due to the nature and the origin of our products, the prices are subject to a modification according to the variation of the purchasing prices of the raw materials or to the fluctuation of the currency. Our policy is to inform our customers immediately of all changes. Nevertheless, in case the information of our customers is not always possible, we reserve us the right to revise our prices or our product range without previous notice.

V. CLAIMS-WARRANTY AND RETURN

The warranty of our products, depending on the selected range (information available at Lama France sales department) is valid from the invoice date, after this date no credit note could be done. We accept no liability for services done to third party.

The delivered goods are guaranteed with no defects. However in case of hidden defects, the buyer must give us the proof  of defectiveness (test copy, serial number…), indicate the number of defective items and describe the nature of the problem.


For all return, please proceed as below:

1.    No return will be accepted without previous agreement of our sales department who will give you an authorization number  and form. Once the form filled in, it must be put with the goods to be returned ( outside the carton)
2.    No return will be accepted if the products are not in their original boxes and if  no printing copy is attached.
3.    The customer is in charge of the transport cost relative to the return.
4.    After having controlled and identified our products and in the limit of the warranty period, a credit note will be made according to the last price invoiced.
5.    In case of non used products, the item must be sent with its original packaging ( with no stickers or other inscriptions) and properly packed. If all these conditions are not respected, a discount in the unit price will be applied to the product; the amount of the discount will be fixed by the sales department.
6.    If the defectiveness of the product is confirmed by Lama France, a credit note will be done but the buyer can not asked for any other compensations. The warranty is valid only with appropriate use of the product.
7.    If the returned product is not from our production, we can keep it at your disposal during one month. After this period and with no other instructions from the customer, the product will be destroyed.

VI- TERMS OF PAYMENT

For the first three orders the payment will be done only by wire transfer in advance without any cash discount.
For the following orders, the way of payment will be decided with our sales department
For all further orders, a credit line can be agreed, depending on the approval of our credit insurance. In case no credit has been approved by the credit insurance, only a payment in advance is required.
In case the credit limit has been exceeded, pre-payment will be required.
The terms of payment can be modified in case of outstanding payment or if the settlement periods are not respected. In case of an unpaid invoice, all the costs generated will be invoiced to the customer.

FORFEITURE OF TERMS

The agreed terms of payment have to be respected, if not the customer is exposing himself to:
- on the one hand, in case of an outstanding payment, all other invoices will be due immediately to LAMA France.
- on the other hand, the terms of payment can be modified, and in the worst case, we reserve the right not to deliver the goods for further orders, without any previous notice. In this case, no compensation can be claimed by the customer.

PENALTY CLAUSE

In case of late payment and  except previous agreement of Lama France to postpone the payment :
-    additional charges will be applied on the total invoice amount , calculated from the initial deadline  agreed according to legal rate.
-    Compensations equal to 15% of the outstanding invoice will be requested in case of legal recourse,  charges or  interests.

VII-PROPERTY RIGHTS

Under the application of the law 80.335 of May 12th 1980, Lama france keeps the property of the delivered goods until the complete payment by the customer.. During this time, the customer is responsible  in case of loss or destruction of the products after their delivery. In case of  economic recovery  or official receivership of the customer, the property of  the unpaid goods can be claimed by Lama France. In case of resale of the products supplied by Lama France  even though it was not  fully paid, the customer commits himself to make this clause known by his customer and to inform him about the right of Lama France to claim the property of the products or the price of it.
 

VIII- JURISDICTON

In case of litigation between the  two sides, they will intend to settle out of court. Failing that, the Trade Court of Lyon is competent.

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