Kayme - Instrumentation - Innovation - Solution

Terms of sale

GENERAL

All orders imply complete acceptance of our general sales conditions. Any waivers will be binding on our company only if accepted by us in writing.

Our general sales conditions are available on our website:  www.kayme.eu  or sent on call +33 1 30 57 06 57

QUOTATIONS  /  PURCHASE ORDERS

Unless otherwise specified , our quotations are valid one month. An order becomes  binding only after written acceptance by us. Prices quoted for a given quantity may not be valid for lesser quantities without our formal acceptance. Minimum purchase order amount is 120 €. In keeping with the trade common practice, delivered and invoiced quantities of cable, wire and bulk components may vary by +/- 10% from the ordered quantities.

PRICES

Unless  otherwise specified, invoices are based on our written quotations or order acknowledgements.  Prices are firm, ex works, net before taxes. All taxes, duties and fees of any kind in application of French law or importing or transit country are born  by the buyer.

Whenever our products contain precious metals, prices are set  as per  the metal rate on the date of quotation but may be adjusted on the date of delivery.

LEADTIMES

The dates indicated in our order acknowledgements are dates of shipment.  They only have an informative purpose. Failure to ship as scheduled does not entitle the buyer to penalties, debits or cancellation of orders. Leadtime begins running once all technical information, documents and/or products supplied by the buyer are in Kayme hands.  In any case, on time delivery is subject to the buyer having fulfilled all his obligations towards Kayme. If the buyer cannot  collect the products after he has been informed of their availability, they will be stored at Kayme premises at the buyer's costs and risks, without delaying invoicing and due dates.

WARRANTIES  AND  LIABILITIES

Kayme warrants that the delivered products are free from defects in material and workmanship for a period of 12 months from the date of delivery.

Kayme liability is limited to the replacement or repair of the defective product. Liability shall not exceed the purchase price of the product/service upon which liability is based.  In no event shall Corrrege be liable for consequential, incidential or special damages.

The warranty does not apply to products which have been subjected to inappropriate handling, abnormal working conditions or failure to follow Kayme instructions.

Specific products manufactured according to the buyer's drawings or specifications shall not be taken back nor replaced by Kayme. The adaptability of such products to the specific needs of the buyer is solely the buyer's prerogative and responsibility ;  Kayme shall not be liable for the inadequacy of such products.

RISKS  TRANSFER

Products are transported at the buyer's risks and costs even if transported by a carrier selected by Kayme.  The buyer shall consequently check the products for shortages or damages upon receipt and notify any claim on the

freight bill. Notification of damages or shortages must be sent by registered mail within three days to the carrier and to Kayme.

CLAIMS  /  RETURNED GOODS

No returns will be accepted unless previously agreed and authorized by Kayme who will determine the transport conditions. Any returned product must be accompanied with documents  stating the origin and causes for the return.

TITLE

All risks shall pass to the buyer on delivery of the products to the buyer or the carrier, whichever occurs first . Title to the goods shall remain in Kayme until payment in full of the purchase price and any related fees, costs, duties, taxes and interests have been received.

The buyer may resell the products provided that KAYME and the sub-buyer have been informed of  this title retention clause.

Kayme is entitled to retake possession of the products and keep all paid instalments in case the buyer ceases payments, becomes bankrupt or goes into liquidation.

PAYMENT

Our invoices  are net cash, payable without offset, according to the terms indicated in our order acknowledgements, by wire transfer, cheque or bill of exchange. Interests shall be payable on all overdue sums at the legal rate in force at the time of invoice. Kayme will furthermore be entitled to hold any pending order without prejudice to any other action.

FORCE  MAJEURE

If Kayme is prevented directly or indirectly from making delivery of the goods or any part thereof by reason of act of God, war, civil commotion, strike, lockout, industrial dispute, fire, explosion, breakdown, failure of sources of supply of raw materials, compliance with government regulations such as embargo or failing import authorizations or any other cause whatsoever, Kayme shall not be liable for loss, damage, detention or delay.

In case of delay due to any such cause the contract will be suspended. Should Kayme be prevented from performing his obligation within a reasonable period of time the contract would be terminated without compensation or indemnity of any kind.

APPLICABLE LAW

Any dispute that may arise between Kayme and the buyer shall be governed  in accordance with  the laws of France and shall be subject to the jurisdiction of the Courts of  F78  Versailles