The general sales conditions hereafter govern all the orders placed by the clients of the plastics company SAS Castelbriantaise « PROMOPLAST » notwithstanding all specifications to the contrary which would be mentioned on the order form. The adherence of the client to these conditions asserts their rights for the totality thereof, adhesion to our conditions prevails upon those of the buyer and if necessary on the order forms. Except for specific dispensations, on purpose, our sales are concluded according to the rules of the Code of uses for industry of films and, polyolefin film, papers and cartons.
1.1 All offers are made without commitment
1.2 The orders handed into representatives or taken by them, as well as those addressed directly to the commercial service, are always subject to acceptance. The advantage of the order is personal to the client and cannot be the object of a transfer.
1.3 When the client asks the SCP PROMOPLAST for the creation of a photo, the execution of this work is subject to a part payment of 30%. The production of a pass for press can only be sent out after receipt of an order in due form.
2.1Any cancellation of an order can be carried out without prior agreement, express and in writing on behalf of the company SCP PROMOPLAST.
2.2 In the event of the incidence of events likely to modify wholly or partly the contractual relationship, the company SCP PROMOPLAST can adapt the contract to the new situation.
The return, that is to say the taking back of a provision which does not suit responds to the following conditions :
Return the provision, on freepost, under the client’s responsibility, in its original packing.
The goods must be in their perfect original state.
The personalised goods carried out or modified at the express demand of the client are not taken back or exchanged.
2.3 The company SCP PROMOPLAST will never be bound to agree to a cancellation from the moment that the non performance does not arise from its fault exclusively.
2.4 The SCP PROMOPLAST can never be held responsible above and beyond the simple replacement of defective goods.
2.5 In the event of the cancellation of an order for a reason non attributable to the company SCP PROMOPLAST and at whatever moment, the client will be bound to settle the expenses under the heading of this order. Thus the client must pay in particular the costs of production of the pass for press; the purchase costs of the raw material, the amounts paid relative to the heading of the participation model remain acquired in any event by the company SCP PROMOPLAST. Furthermore the deposit paid by the client will be kept as a basic allowance of retraction.
3.1 The delivery times are given purely for information purposes only, they have for a starting point, the reception of the pass for press accepted without change and they are constitutive of a duty to perform
3.2 In the event of a reasonable delay the company SCP PROMOPLAST cannot be liable.
3.3 In the event of a later change PROMOPLAST will no longer be bound to the delivery date originally agreed and confirmed.
4.1 The goods of the company SCP PROMOPLAST even sent postage paid travel at the risk of the consignee.
4.2 In the event of missing goods, damage or lateness, it is up to the client to supply the precise stocks to the transporters .The client must perform an inventory on receipt. In the event of a fault, he must carry the stocks on to the delivery form by registered letter.
4.3 No complaint will be accepted after a delay of fifteen days after delivery.
4.4The goods billed and warehoused in our departments and workshops are conserved at the client’s own risk.
5.1 If the client supplies the company SCP PROMOPLAST with a creation to which copyright can be attached , he guarantees to be the holder of these rights (copy of title to support ownership ) or guarantees , in the event of having obtained the rights from a third party, the express transfer of these possible rights over the work(copy of contract of transfer in support ).Consequently the client agrees to do business and to guarantee the company SCP PROMOPLAST against any contest raised by all third parties, relating to the holding ,validity or transfer , or to the exploitation of the said creations supplied before or after the date of signature of the present order.
5.2 In the event where the client’s rights , as described in article 5.1, should be contested by a third party and that the responsibility of SCP PROMOPLAST should be called into question, the client will be bound to guarantee PROMOPLAST of all blame , without exception or qualification , and to repair all the injury suffered by SCP PROMOPLAST, thus bound .
6.1 The client must send their bank details with the order to PROMOPLAST. Except for a contrary specification, the payments are in cash at reception of the bill, cash, cheque or transfer. In the event of payment by draft, the bills are payable in thirty days at the end of the month. The refusal to accept, the exposure of a protest or collateral on the commerce ,cause by right and without formal notice:
Either the loss of provision and immediate payability of the sums remaining due to the cost and expenses of the drawee.
Or the conclusion of all the contracts in process as well as the keeping of the deposits paid and the retention of the elements possibly entrusted by the client , until the fixing of the possible compensation.
6.2 In the event of the failure of the client, or in the assumption where the guarantees that we would have taken would come, for whatever reason, to be diminished or suppressed, the company SCP PROMOPLAST reserves the possibility to suspend all expedition of goods except for payment before delivery.
6.3Default of payment by the due date entails that whatever the method of payment made , the application of late interest payments calculated on a basis which cannot be inferior to three times below the legal interest rate. Furthermore, the client agrees to pay as a guarantee and a penalty clause, according to article 1226 of the Civil code, a surcharge of which the amount will be equal to 15% of the principal remaining due , as well as the legal costs .
6.4 Whatever the claims made by the client this latter is not authorised to suspend the payment of the sums due or to pursue compensation.
6.5 The non payment of a single term makes all the sums due, payable by right .
6.6 The costs of collection of the debts are chargeable to the client.
7.1 The company SCP PROMOPLAST which makes and prints custom built bags , agrees to deliver the quantities ordered with the reserve of a difference of 10% for the quantities superior to 10 000 units , of 15% between 5100 and 10 000 units, of 20% for orders below 5 100 units. This allowance is expressly accepted by the client. The amount billed corresponds to the quantity effectively delivered.
7.2 Allowances
7.2.1 :
The client must tolerate the following dimensional differences:
Bags: In length dimensions >80 mm: ±4mm. In width ± 2,5mm
Rolls : In width : ±3mm
Formats : In length : ±5mm. In width : ±5mm
b. Films and sheathes of polyolefin:
Films: In width, dimensions >80 mm: ±10mm. In length,: ±15mm
Flat sheathes bags and sachets without a gusset :In width dimension 80 mm and plus : ±10mm. In length : ±15mm
Sheathes and bags with a gusset : In width , dimension >80 mm : ± 10mm. In length ± 10mm
7.2.2 Allowance of basis weight and thickness
The buyer must allow for the differences in basis weight in the same proportions as those to which SCP PROMOPLAST is bound for reasons of delivery conditions of the producer of the different materials , except for special conditions the following allowances apply:
Polyethylene low and high density and other plastic films and biomaterials with reference to the agreed thickness:
The SCP PROMOPLAST agrees to produce its products according to the specifications provided by the pass for press. The client must have mentioned all the instructions and necessary characteristics for the making of the product (dimension, properties, material, texts, graphic elements, page setting, colour and more generally all the elements which must appear on the final product delivered to the client. The client agrees to accept the differences of colour between the production and the pass for press resulting from the difference of printing technique.
The SCP PROMOPLAST is not held responsible for the delays and breaches in the carrying out of its obligations if they are caused by a strike, fire, equipment accident, war, insurrection, natural catastrophes, and for any other cause which is beyond its control as well as anything else of that order .
The parties will be forced to settle amicably all the differences relating to the interpretation and /or the execution of the current general sales conditions. In the event of a dispute of whatever nature exclusive competence is attributed to the choice of SCP PROMOPLAST, at the court of its headquarters: the commercial court in Nantes, even in the event of an appeal in guarantee or plurality of its defender.
The clause of the reserve of ownership is a substantial element of consent of the SCP PROMOPLAST. Thus it remains the owner of the goods sold by them, until payment is complete. It is consequently authorised at any time, to repossess the goods delivered, before they have been paid in totality. The exercise of this right does not prevent SCP PROMOPLAST demanding the payment. The transfer of risks takes place during the arrangements of the goods for the profit of the client.
Any product sold by SCP PROMOPLAST will include our label and our logo, except by a written request by the client, in accordance with article 2, clause 2 of the law of 29 July1881.
The client recognises expressly to have received an example of the current general conditions of sale.