- Opening an Account
- Back Orders
- Penalty Clause
- Title Retention Clause
- Opening an Account
- All requests to open an account must include the usual business information, as well as a copy of the requester's bank account details. Any order placed by an originator who does not have an account in our books must be paid in advance or by irrevocable letter of credit pursuant to a pro forma invoice we will provide.
- All orders imply the acceptance without reservation by the purchaser of the present general sales conditions. These conditions shall not be modified by contrary stipulations that may be indicated on the purchaser’s purchase order, general purchasing conditions or in any other form on the purchaser’s commercial documents, except with our express agreement as indicated on our acknowledgments of receipt. All orders must also equal a minimum of €500, excluding tax.
Orders will be executed to the best of our ability. Delivery schedules are provided for information purposes only and are not binding. They are effective from the date of receipt of the order by our sales department. Delivery delays will not justify the cancellation of an order, a refusal of merchandise or the payment of damages. Deadlines may only be met if the labelling information provided with the order is useable, i.e. free of paperclip or staple marks, erasures, folds or excess information.
- We decline all responsibility for delays in delivery further to labour or political events (strikes, custom checks, etc.). The merchandise is delivered at the risk and peril of the consignee. In the case of damage, loss or delays, the consignee is responsible for exercising any available recourse against the transportation company and for issuing the usual reservations to protect the exercise of said recourse.
- Our prices are provided free of any undertaking on our part and may be changed without notice. The prices applied when the invoice is prepared are those in effect on the day of delivery. Changes made to the rates for transport, customs, taxes and legal expenses, etc., on the basis of which our sales are made and our prices established, automatically cause the corresponding application thereof to our fixed prices. Our prices are PREPAID for orders starting at €990, excluding tax (resellers), €800, excluding tax (stores), and EXW for exports.
- Back Orders
- Unless agreed to otherwise, articles that are not depleted but are out of stock at the time an order is prepared are noted for future service when stocks are replenished.
- All our sales are final with no acceptance of returns of unsold articles.
Also, no return will be accepted for merchandise that was subject to branding/marking at the purchaser’s request.
- Any claim related to the quality of the merchandise or errors in articles or quantities must be notified by registered letter within a maximum period of three days from receipt of the merchandise. Any claim related to merchandise that has been used will not be accepted. Any branded/marked merchandise may not be the subject of a claim, return or exchange, as the merchandise must be verified by the customer prior to the branding/marking.
Our company will only be bound to issue a credit note if it cannot exchange or repair the articles returned in their original packaging. In no case may we be held liable for the consequences of the defective use of the products sold or the consequences of the use thereof that is not the use for which they are ordinarily intended.
Our liability is strictly limited to the replacement of products that do not comply with samples, the guarantee provided by Article 1641 of the Civil Code being expressly waived and the parties having expressly agreed to exempt the vendor of all liability in relation to the hidden defects of a product sold.
- Our invoices are established in the name of customers who have a term account in our books and are payable 30 days end of month, date of invoice, by recovered bill of exchange that we issue. Payment is made out to the order of LEXON. Claims or disputes related to the due dates set out on our invoices must be received by us at the latest 10 days after receipt of the invoice. Any sum that is not paid at term will be increased by late penalty interest of 1.5% per month and may cause the closing of the account. The amount of the balance due will become immediately due and payable by law 10 days after notice to pay has been sent and remained unanswered, with no need to satisfy any further legal formalities. Failure to pay at term will cause the provision of supplies to be suspended. Failure to pay the account 15 days after the provision of supplies has been suspended will cause the transfer of the file to the legal department. Payment may also be made by debit card.
Any change in the purchaser’s legal, social or financial status or structure, such as death, disability, dissolution, change of corporate status, merger, total or partial sale of the business, mortgage, pledge, delay in payments or debt reorganization, temporary suspension of legal actions, cessation of payments, liquidation or legal settlement may cause our company to suspend or terminate the contract and orders in progress with no prejudice to any other form of recourse.
- Penalty Clause
- The present penalty clause stipulates that any recovery by legal means shall cause the purchaser to pay an indemnity equal to 15% of the amount of invoices unpaid at term with no prejudice to the claims that may be filed by virtue of Article 700 of the New Code of Civil Procedure.
- Title Retention Clause
- Our company expressly reserves the ownership of the merchandise until full payment of the price thereof and related interest due. The provision of a bill of exchange or a money bond does not constitute payment. Failure by the purchaser to pay even a single term owed 15 days after notice is sent by registered letter that has remained unanswered may cause the lawful termination of the present agreement at the vendor’s discretion.
The merchandise must then be returned to the vendor either amicably or pursuant to an order rendered on request by the President of the Commercial Court of Nanterre, who may simultaneously appoint an expert to note the state of the items returned and assess the value or return thereof at the purchaser’s expense. Should third parties seize this merchandise and related accessories, the purchaser is bound to immediately inform the vendor thereof.
Should legal redress or liquidation proceedings be initiated, this merchandise may be claimed within a period of four months from the publication of the judgment allowing the procedure pursuant to Law No. 80-335 of May 12, 1980 published in the Journal Officiel of May 13, 1980 (pg. 1202). The merchandise will remain the legal property of the vendor until the actual or final receipt of payment of the sums due by the customer and the acquirer may not resell them except with the originating vendor’s agreement. Despite the application of the present title retention clause, the purchaser will be responsible for the risks of loss or destruction from the time of delivery and all damages that may be caused to or by the merchandise. The customer is also responsible for full or partial loss, theft or destruction for any reason whatsoever.
- Unless agreed to otherwise in writing and signed by all parties, all orders signify the full acceptance by the purchaser of the conditions set out above. Any dispute with regard to the present Conditions will fall under the jurisdiction of the Courts of Nanterre.
- Further to the new legal terms related to environmental measures, you will now note on your invoices the “Eco contribution” tax for all electrical and electronic products. This tax is calculated on the basis of the weight of the products:
CA: less than 0.200 kg = €0.01, excluding tax
CB: higher or equal to 0.200 kg and less than 0.500 kg = €0.03, excluding tax
CC: higher or equal to 0.500 kg and less than 1 kg = €0.04, excluding tax.