GENERAL CONDITIONS OF SALE
1. All sales handled by our agents or importers become definitive only after acceptance and invoicing of the order. Consequently, by placing an order the Buyer implies complete compliance with these general conditions. No particular condition can, except by formal, written acceptance, prevail against these general conditions.
The fact that the Seller do not prevail at given moment against any of these general conditions does not imply that he wishes to waive the right to prevail at another time against any one of the said conditions.
2. Delivery periods are given as an indication, barring any unforeseen circumstance. Except in the case of a formal contract, they constitute no engagement on our part. All modifications or cancellations of orders requested by the Buyer cannot be taken into consideration unless received them in writing before expedition of the products. If the Seller does not accept the modification or cancellation of the order, monies paid cannot be refunded. The Buyer shall receive credit toward the purchase of merchandise for the same value. The credit is useable within a period of sixty days from the date of its establishment.
3. Regardless of the conditions of sale, pricing, transport and delivery, our merchandise is always transported at the risk of the Buyer who, upon delivery, must verify the condition of the goods. Eventual reserves should be noted on the delivery slip, and in case of damaged merchandise, the Buyer must take claims directly to the transporter.
4. The bottles must always be kept horizontally in a dry place, away from heat and freezing temperatures. The expeditions are not guarantee against freezing. Whe guarantee the good quality of our wines and our responsability cannot be sought beyond pure and simple replacement or merchandise judged defective departing from our cellars.
5. The default of payment of our invoices after the due date will result in immediate request, with full rights and without formal notice, of the total amount due. The sum due will carry interest, with full rights and without formal notice, of 1,5 times the legal interest rate (law 92-1442, 31 december 1992), without waiving our right to the full payment of the debt.
6. In case of presentation of a bill of exchange, the Buyer must return the document within eight days from receipt. All letters of credit issued by the Buyer must be addressed to the Seller within eight days after reception of the invoice.
7. All amount not paid when due will be subject to a service charge of 15% of the amount of the unpaid invoice. Collection of the amount of the invoice shall be assured by all legal means at our disposal. Any expense incurred shall be borned by the Buyer.
8. In application of law n°80335 (12 May 1980), the merchandise will remain our property until complete payment of their cost. The Buyer shall become responsible at the acceptance of the merchandise, the transfer of possession also implies the trasfer of risk. Therefor, the Buyer must take out an insurance policy guaranteeing the risk of loss, theft or destruction of designed merchandise. We reserve the right to ownership of the merchandise in case of legal proceedings, the liquidation of assets, or the personal or professional bankruptcy of the Buyer.
9. Any dispute relative to the interpretation or execution of the present contract shall be under jurisdiction of the Business Court of Bordeaux in accordance with French law, even in case ot a third or multiple parties. All invoices must be paid in full in Néac-France.