GENERAL SALES TERMS AND CONDITIONS
The general sales terms and conditions apply to all purchase orders and resulting sales by DOGA to all its buyers and cover all its products and services. In the absence of other written agreements between the parties, these terms and conditions govern the contractual relationship between DOGA and its buyers.
Prices are defined when the purchase orders are accepted.
In compliance with our price lists, DOGA reserves the right to modify its prices without notice. Unless stated otherwise, prices exclude VAT, are for departure from our warehouse, net and without discount, payment 30 days from the invoice issue date.
DELIVERY LEAD TIMES
Delivery lead times are given as an indication. Late delivery does not entitle to cancel an order, to penalties and/or compensation for the buyer, whatever the claimed reason.
TRANSFER OF RISK
All our goods travel at the risk of the addressees. In cases of transport-related difficulties, the addressees should make their claims directly against the transporter, who they should only release after having made sure that the delivery is complete and in perfect condition. Notwithstanding the delayed transfer of ownership, all risks of damage or loss, even through an act of God or a force majeure event, are borne by the buyers who in their own names and on behalf of their insurers, renounce all proceedings against DOGA in the event of a claim. The buyer undertakes to insure the above risks with a solvent company and to prove it to DOGA on first request.
Equipment can only be returned with the prior permission of DOGA. Returned packs must be postage paid and should feature the return number issued by our departments. DOGA reserves the right to apply a return discount and, where applicable, to invoice repair and packaging costs.
TRANSFER OF OWNERSHIP / RETAINED OWNERSHIP
Ownership of the sold products will only be transferred to the buyer on full payment of the price. Under the terms of this clause, the issue of a document creating a duty to pay (short bill or other) is not a payment. Only the effective cashing of the funds is a payment. For payments by instalments, the failure to pay any instalment may lead to the request for the return of the goods. In cases of resale, the buyer undertakes to immediately pay DOGA the part of the price remaining due.
DOGA is released from any liability for indirect and/or intangible damage such as loss of production, revenue shortfalls…, caused to the buyer or to third parties. If proceedings are initiated by a third party, the buyer will deal with the claim.
CANCELLATION OF THE SALE
The sale will automatically be cancelled in the case of the failure to pay a single agreed instalment, 8 days after the receipt of a registered letter with acknowledgement of receipt which remains without effect. This will trigger the default of all remaining debt.
The failure to pay a due debt will automatically lead to a surcharge the amount of which will be calculated based on the legal interest rated plus 50%, without any further formalities. Any proceedings for debt recovery will automatically entitle to a surcharge of 10% of the principal debt, interests and costs, notwithstanding any claims for damages.
Any late payments automatically, in addition to the penalties, generate the duty for the buyer to pay a € 40 flat rate compensation charge for debt recovery. DOGA main claim additional indemnities, based on supporting documents, when the debt recovery costs incurred are higher than the flat rate indemnity.
RECYCLING AND DISPOSAL OF WEEE
In compliance with the environmental provisions of the French Environment Code covering professional Waste Electric and Electronic Equipment (WEEE) (art. R543-195 and following), DOGA is a member of Eco-systèmes, an eco-organisation approved by the French Public Authorities defined by art. R543-197. Buyers can thereby benefit from the collection and recycling system proposed by Eco-systèmes Pro for WEEE from the professional equipment DOGA sold. More information available on http://www.eco-systemes-pro.fr/.
All disputes arising from purchase, sale or service operations will be subject to French law under the jurisdiction of the Versailles Commercial Courts, which the buyer explicitly accepts.
V.A.T. is paid on invoices.
In cases of direct delivery and invoicing by the factories, only their general sales terms and conditions will be applicable.
ACCEPTANCE BY THE BUYER
These general sales or service provision terms and conditions are explicitly agreed to and accepted by the buyer who hereby declares having full knowledge of them and as a result renounces to claim any contradictory documents and, in particular, their own general purchase terms and conditions.