GENERAL CONDITIONS OF SALE
INTRODUCTION All commercial relations between ARCH, SA and its Clients are ruled by the following “General Terms of Sale” which,together with the “General Terms of Payment” are deemed to have been fully accepted by the pourchaser at the time its order is made. 1. Catalogues, offers and orders 1.1. All indications and characteristics stated in our advertising material are subject to the tolerances defined in the Quality Assurance System in accordance with the standards in force for the sector. 1.2. Any order to ARCH, SA shall be made in writing by way of a duly numbered requisition on company headed paper, date and technical description on our catalogue references. 1.3. To all intents and pourposes, all orders are subject to acceptance in writing. 1.4. Any condition stipulated by the Client in its requests which does not conform to the present “General Terms of Sale” or to the “General Terms of Payment” shall be deemed null and void, unless subsequently confirmed in writing by ARCH, SA.
2. Suspension of orders 2.1. ARCH, SA reserves the right to suspend the execution of any order in the following cases: • When the Customer has not given partial or full compliance with previous contracts; • When by the Customer to check refuses to receive their orders after loading and dispatch as prior order; • Where there is Customer misconduct to the detriment of ARCH, SA.
3. Deliveries 3.1. The delivery dates are agreed upon between ARCH, SA and its Clients. Should nothing be formally stipulated by both parties, the delivery date to be assumed shall be of 30 days. Whenever this cannot be met, ARCH, SA undertakes to notify the Client and agree upon a new date. 3.2. Any order may be carried out through partial deliveries. 3.3. The goods are deemed to have been delivered to the Client as soon as their loading onto the truck has been completed at ARCH, SA warehouse and the respective Delivery Slip has been signed by the driver, with transport being wholly the responsibility of the Client meaning that, in such cases, no complaints shall be accepted owing to the breakage of material or goods missing. 3.4. Whenever transport is carried out in transport chartered by ARCH, SA the goods shall be deemed to have been delivered upon their receipt at the destiny. 3.5. The Client shall verify upon receipt whether the products correspond to those ordered by it. Any irregularity shall be registered on ARCH, SA Delivery Slip as well as on the Transporter Slip. 3.6. Should it not be possible to verify the goods upon delivery, the Client shall write on the corresponding Delivery Slips and on the Transporter Slip “Subject to Conferral”. Any irregularity detected shall be communicated to our commercial services in writing within no more than 5 days 3.7. ARCH, SA may refuse to transport orders whenever: • The place of destination is not the Client’s warehouse or that agreed upon previously; • The volume of the order does not so justify. • Whenever there is a refusal to receive, for reasons not attributable to ARCH, SA, the Client shall be charged an amount corresponding to the value of transport. • ARCH, SA reserves the right to deem null and void any order remaining over 30 days after it was made without the Client having collected it. 4. Prices 4.1. The prices charged are always those set out in the Price Table of ARCH, SA in force at the time of dispatch of the goods. 4.2. The Price Table may be altered without any prior notice. 4.3. Owing to the coming into force of the new Price Table of ARCH, SA, and within eight days after its disclosure, the Client may cancel, in writing, any order yet to be implemented or dispatched by ARCH, SA. 4.4. In case of projects in study with deliveries scheduled for the coming year, the proposed prices shall have the validity of the budget even if some change in the price list occurs in that period. 4.5. The prices set out in the table shall be deemed to have been accepted by the Clients whenever their orders have not been subject to cancellation in accordance to the point. 4.6. The prices stated in the Table are always net of the taxes in force which shall always be itemised on the invoices. 4.7. Any expenses defrayed on dispatching goods in special packaging shall accrue to the prices stated in this price list whenever said packaging is requested by the Client and accepted by ARCH, SA. 5. Payments 5.1. The payment of invoices is subject to the “General Terms of Payment’ of ARCH, SA in force as at the date of dispatch. 5.2. lf the Client is late in making payment, ARCH, SA reserves the right to suspend the implementation and dispatch of any orders in portfolio. 5.3. Whenever ARCH, SA learns of any facts and circumstances which cause well-founded fears of breaches in compliance with obligations by the Client,it may suspend the delivery of goods, unless the pourchaser provides guarantees in a timeframe to be agreed upon.
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