Our Terms and Conditions of Sale
All product orders placed by the buyer are subject to total acceptance of the below conditions. No order shall be deemed to be accepted until an order confirmation is issued by Prastel. Each order to Prastel shall be deemed to be a firm and irrevocable offer by the buyer to purchase goods subject to the terms and conditions. After being accepted, no purchase order can be cancelled , unless written agreement , and provided that a 20% cancellation fee is borned by the buyer.
Prastel reserves the right to postpone delivery dates or to cancel orders in its entirely of partially if performance of the contract shall be prevented or hindered by any cause beyond Prastel’s reasonable control. For a first order, the payment is due cash with order.
Prastel reserves the right to modify its products without prior notice and liability. In no circumstances, PRASTEL shall be liable for any claims or special, consequential, incidental damages caused by such substitutions or modifications.
All prices are quoted EX-WORKS La Ciotat, standard packing included and exclude VAT and any applicable taxes, levies, duties or imposts relating to the export of goods, insurance and freight charges. All orders accepted shall be subject to prices ruling at the time of the order. All quotations confirmed by Prastel in writing will be firm for 30 days. Prices may be subject to variation with a minimum notice of 30 days.
Unless otherwise agreed, the goods will be delivered EX-WORKS La Ciotat and at Buyer’s risk and expense. Unless otherwise stated in writing, Prastel reserves the right to select the mean of transport and routing and shall not be liable for it. Prastel shall not be liable to the buyer for any loss or damage howsoever caused to the buyer or in any way whatsoever for late delivery of goods. Prastel will endeavor to dispatch all orders complete or as complete as possible.
All non-conformity claims for the nature or quantity of the goods with the purchase order should be sent by registered mail to Prastel, within 8 days following the delivery date.
Payment terms will be agreed between Prastel and the buyer before opening the account.
If the buyer fails to make payment in full for the price of the goods on the due date, or a payment made by the buyer fails to be honored, PRASTEL reserves the right to claim interests in accordance with EURIBOR interest rate multiplied by 3 points, plus 15% of the overdue amount.
Whilst payment remains overdue, we will refuse any further goods until the account has been brought up to date.
MINIMUM ORDER VALUE
The minimum order value for each order is 1,000 euros net of discount. Orders of a lower value will be evaluated separately. Below this amount, a fixed fee for charges of 50,00 euros will be applied.
All goods referred to on outstanding invoices due to Prastel by the buyer shall remain the absolute property of Prastel until payment of all the invoiced amounts have been received and cleared.
WARRANTY AND LIMITATION OF LIABILITY
Prastel warrants that unless otherwise stated, the goods will be free from substantial defects in material and workman ship for 24 months from the date of production.
All warranties cover only defects arising under normal use a do not include malfunction or failure resulting from misuse, abuse, neglect, alteration, acts of nature, electrical overload, radio or any other environmental interferences, unusual temperatures or humidity, improper installation of damage caused by the buyer, or repairs made by anyone other than Prastel.
Prastel shall either repair or replace the defective goods at its sole discretion and on its premises at no charge to the buyer at presentation of the invoice. Prastel shall be liable for any claims or any special, consequential, incidental or other damages including loss of profit, breach repudiation of contract.
The replacement, modification or repair of components under warranty shall not extend the warranty time of the product.
All returns shall be delivered in the original condition and packaging mentioning packing date and number. All products returned to Prastel without prior written authorization will be refused.
All products to be repaired must be returned to Prastel carriage paid after agreement with our technical department. All repairs shall be subject to prior acceptance by the buyer of all repair costs. In any case, Prastel shall charge the buyer all repairs and delivery costs of the repaired goods. All repairs, under warranty or not, must be returned with the RMA form (Return Material Authorization) authorized with our technical department and arranged at the buyer’s own transport costs.
JURISDICTION AND VENUE
This contract shall be governed under French laws. Marseille court will have exclusively jurisdiction and venue over any dispute arising from this contract.