These General Terms and Conditions of sale (hereinafter ‘GTC’) govern all contractual relationships, quotations, technical and commercial proposals or orders between the company Colly & Martin, specialised in the manufacture of all plastic and similar products such as layflat tubing, films, bags, covers (hereinafter referred to as ‘Colly & Martin’) and the customer (hereinafter referred to as ‘Customer’). They are applicable in all cases of supply of a product ordered by the Customer from COLLY & MARTIN (hereinafter the “Product”). The GTC prevail over any conditions not expressly accepted by COLLY & MARTIN. Placing an order implies the Customer’s full and unreserved acceptance of these GTC, of the technical and commercial proposal and/or the quotation (hereinafter referred to as ‘Reference Documents’) drawn up by COLLY & MARTIN, setting the conditions for the Product supply.
Quotations: All quotations remain valid for 15 days subject to validation by our production department and to additional information communicated at the time of your order.
Acceptance of orders: Any order is subject to the issue of an order confirmation by COLLY & MARTIN. Any order is final only after written acceptance by COLLY & MARTIN.
Dimensions: The dimensions indicated are the external dimensions, including margins and welds.
Printing plates: The printing plates are the responsibility of the Customer including in case of renewal for normal wear and tear. Unless otherwise expressly requested, COLLY & MARTIN stores them on its premises. Any return is the responsibility of the customer. We reserve the right to destroy unclaimed printing plates after 5 years without use.
Order modification: Any order modification as requested by the Customer regarding the quantity, quality, specifications or production schedule is subject to the express acceptance of COLLY & MARTIN. The Customer will pay COLLY & MARTIN all costs incurred and all direct or indirect consequences resulting from the modification of the order (ie extra charges, restocking, logistics costs and controls) and will bear an extension of the deadlines.
Orders cancellation: The order expresses the Customer’s consent irrevocably. No order cancellation can be taken into consideration if it has not been expressly accepted by COLLY & MARTIN. In this case, the Customer will reimburse COLLY & MARTIN for all costs incurred (including specific equipment, study costs, labor and supply expenses, tools) and all direct or indirect consequences resulting from the cancellation. The quantity of Products ordered and available at the time of its cancellation will be shipped to the Customer who will be required to accept delivery and pay for them. In addition, any deposit already paid will remain with COLLY & MARTIN.
Terms of delivery: Delivery is made by direct delivery of the Products to the Customer’s address as indicated on the Reference Documents and confirmed on the order confirmation.
Delivery times: Delivery times are indicated in the order confirmation issued by COLLY & MARTIN. Unless otherwise specified, delivery times are given for informational and indicative purposes only – these depend on the conditions of supply and the availability of carriers. COLLY & MARTIN cannot be held responsible for a delay beyond its control, in particular a case of force majeure, a lack of carrier, modifications requested by the Customer, delay in the approval of documents, etc.
Delays in delivery may not result in any penalty or compensation, nor justify the cancellation of the order or the refusal of the Products delivered. Any delay in relation to the delivery times initially planned can not justify a termination of the order placed by the Customer and registered by COLLY & MARTIN.
Risks: The Products, even shipped free of charge, travel under the Customer’s responsibility who must check the condition of the Products upon delivery under the conditions referred to herein.
Damages and missing items: It is the Customer’s responsibility, in the event of damage to the Products delivered or missing items found in the presence of the delivery person, to notify the carrier. Due to the specificity of the Products, the quantities delivered in relation to the quantities referred to in the order confirmation may vary according to the following proportions:
BAG QUANTITY TOLERANCES:
FILM and LAYFLAT TUBING TOLERANCES
Any Product that has not been reserved by registered letter with acknowledgment within 3 days of receipt, in accordance with Article L133-3 of the French Commercial Code, and a copy of which will be sent simultaneously to COLLY & MARTIN, will be considered accepted by the Customer. The reservations made by the Customer must be complete, reasoned and as precise as possible. When after inspection, an apparent defect or a missing item is actually noted by COLLY & MARTIN, the Customer may ask COLLY & MARTIN for reimbursement of non-compliant Products found to be defective by COLLY & MARTIN, at the expense of COLLY & MARTIN, without the Customer being able to claim any compensation or the termination of the order.
Non-conformity of the Products delivered: The Customer commits, within 2 (two) weeks from the date of delivery appearing on the delivery note, to verifying the conformity of the Products delivered with the specifications indicated in the order confirmation validated by the Parties or in the technical document imposed by the Customer and expressly validated by COLLY & MARTIN and in the code and practice of the profession. When verifying the conformity of the order, it is also necessary to take into consideration the weight of the mandrel with which the Product is delivered, as included in the weight of the Product. Acceptance is recognition of the absence of defects. In the absence of a concern from the Customer within the aforementioned period, or if the Customer uses the product delivered before the end of the delivery period, the Customer is deemed to have a Product that complies with the specifications contained in the order confirmation and the Reference Documents. Within this period of two weeks, COLLY & MARTIN commits, if the entire order proves not to comply with the reference systems referred to above, to replacing the Products found to be in fact non-compliant with the specifications of the order confirmation. The Products must be returned to COLLY & MARTIN in their original packaging. Any claim made by the Customer under the conditions and according to the terms described in this article does not authorise him in any case to suspend the payment of the Products not concerned and compliant. The responsibility of COLLY & MARTIN can in no way be called into question for facts during transport, destruction, damage, loss or theft, even if COLLY & MARTIN has chosen the carrier.
No return of goods may be made by the Customer without the express prior written consent of COLLY & MARTIN.
The selling price of the Products appears in the Reference Documents. It is understood that in the event of some prior agreement on the modification of the price, the final price agreed between the Parties appears in the order confirmation issued by COLLY & MARTIN. The price indicated excludes tax.
Payments are to be made to COLLY & MARTIN, to its billing address. Unless otherwise agreed in writing by COLLY & MARTIN as indicated in the Reference Documents and the order confirmation given to the Customer, all invoices are payable in full at the time of ordering. Other payment conditions may be granted depending on our credit insurance coverage. No discount for full payment is granted.
Payment can be made by bank transfer, cheque or negotiable instrument.
In the event that a payment is not made on the scheduled date, all due sums, even those whose payment date is to come become immediately due, without prior notice. The due sums will be subject to an additional payment penalty of three times the legal interest rate in force. The Customer in a situation of late payment is also automatically debtor to COLLY & MARTIN of a fixed compensation for recovery costs specified by decree, on the date hereof at 40 € (forty euros).
In the event of non-payment in full of an invoice that has fallen due, and after a reminder without reply within 48 hours, COLLY & MARTIN reserves the right to suspend any delivery in progress and / or to come. In the event that a Customer places an order with COLLY & MARTIN, without having made payment on the due date of the previous order(s), COLLY & MARTIN may refuse to honor the order and deliver the requested goods, without the Customer being able to claim any compensation, for any reason whatsoever.
COLLY & MARTIN RETAINS FULL OWNERSHIP OF THE PRODUCTS UNTIL THE ACTUAL PAYMENT OF THE FULL PRICE IN PRINCIPAL AND ACCESSORIES FOLLOWED BY THE COLLECTION OF THE CORRESPONDING SUMS, EVEN IF A PAYMENT PERIOD IS GRANTED. FAILURE TO PAY ANY OF THE DEADLINES MAY RESULT IN THE CLAIM OF THE PRODUCTS EVEN IN THE EVENT OF RECEIVERSHIP OR JUDICIAL LIQUIDATION. NEVERTHELESS, FROM THE DELIVERY, THE CUSTOMER ASSUMES RESPONSIBILITY FOR THE DAMAGE THAT THESE PRODUCTS MAY SUFFER OR CAUSE. IT IS EXPRESSLY AGREED THAT THE RETENTION OF OWNERSHIP GUARANTEE IS CARRIED OVER TO THE PRODUCTS STILL IN STOCK.
The Customer may only resell unpaid Products in the context of the normal operation of his business, and may under no circumstances pledge or grant security or guarantee on his unpaid stocks.
COLLY & MARTIN and the Customer reciprocally commit to a general obligation of confidentiality relating to the elements (documents on any medium whatsoever, discussion reports, plans, drawings, diagrams, know-how, etc.) discussed regarding the order, production and supply of the Products. The Customer acknowledges that any element related to the ordered Product, delivered by COLLY & MARTIN hereunder, is considered confidential and refrains from communicating it, in whole or in part, to third parties, without the prior written authorisation from COLLY & MARTIN or from using it for purposes other than those for which they were given to him.
The Products delivered are deemed to comply with the specifications indicated in the order confirmation as well as the code and usage of the profession. COLLY & MARTIN also guarantees, when the specifications of the order so require, the ability of these Products to be in contact with food in accordance with the regulations and legal provisions in force. This guarantee of conformity does not cover normal wear and tear and defects resulting from use that is not in compliance with COLLY & MARTIN’s instructions and/or recommendations or from a modification of the Products made without the consent of COLLY & MARTIN.
COLLY & MARTIN’s liability, for any claim, liability or costs, whatever the nature, is limited to the amount of the order in dispute.
Indirect damage suffered by the Customer, such as loss of turnover, operating loss, commercial damage, loss of profit or any claim made by a third party whosoever against the Customer, are excluded from any claim for compensation.
The Customer remains responsible for the implementation of the Product under foreseeable normal conditions of use and in accordance with the safety and environmental legislation in force at the place of use as well as the generally accepted practices of the industry. The warranty will not apply in case of abnormal or negligent use of the Products, non-compliance with the conditions of use or storage or modification of the Products without the agreement of COLLY & MARTIN or in the event of force majeure or external events affecting the Products. With regard to the applicable regulations (and in particular the provisions of Article L 541-10-5 of the Environmental Code or EU Regulation 10/2011), the Customer remains responsible for the use he will make of the product as well as the use made of it by his own customers.
COLLY & MARTIN may subcontract a part of its contractual obligations to one or more subcontractors of its choice.
These GTC and the sales they govern are subject to French law to the exclusion of any other right. . The application of the Vienna Convention on the International Sale of Goods is expressly excluded. Any dispute about these general conditions of sale and in particular their application, interpretation, execution and sales contracts agreed by COLLY & MARTIN, or the payment, will be brought before the Commercial Court of LE PUY EN VELAY, to the exclusion of any other jurisdiction, even in case of plurality of defendants or call in guarantee, regardless of the place of the order, delivery, payment and the method of payment. The attribution of jurisdiction is general and applies whether it is a main claim, an incidental claim, an action on the merits or a summary hearing.
The fact that COLLY & MARTIN does not avail itself at a given time of any of the clauses hereof, can not constitute a waiver to avail itself subsequently of these same clauses.
In accordance with the European regulation on the protection of personal data “GDPR” n ° 2016/679, COLLY & MARTIN informs the Customer, that the data collected such as surnames, first names, positions, telephone numbers, email addresses of the interlocutors are kept for the purpose of the processing, namely the management of customer orders, which the Customer recognizes and accepts when signing the Contract.
Processing consists in:
The implementation of product recall procedures – The Customer is informed that each interlocutor is entitled to update, oppose, delete or rectify the personal data for legitimate reasons. He may exercise his rights subject to the provision of a proof of identity document to COLLY & MARTIN at the following contact address: email@example.com. COLLY & MARTIN commits to ensuring the confidentiality and security of the data collected and informs the Customer and the interlocutors that no data is transferred to a third party or abroad. The Customer also declares to comply with all the obligations relating to the GDPR and commits to keeping COLLY & MARTIN informed of its personal data protection policy.