Conditions générales de vente

Article 1 - Application of general conditions of sale

The terms and conditions described below have for object to govern all contractual relationships between the company AV Composite, with a capital of 396 001 € and whose headquarters is located at the following address : 11 Avenue Joncades Basses, ZA de la Massane, 13 210 St. Remy de Provence - FRANCE, and its customers.

Any order placed with AV Composite will be constitute acceptance for the customer, without reservation, of these terms and conditions of sale. No special condition can prevail against the General Conditions of sales, except preliminary, written and formal dispensation, from AV Composites. The general conditions of sale may be changed at any time by AV Composites.

Article 2 - Orders

Any quotation made by AV Composites constitutes particular conditions coming to modify or to complete the present general conditions of sale. Any order engages AV Composites only after confirmation of the order by AV Composites. Any order confirmed by AV Composites is considered as definitive. Without preliminary acceptance of the order, no goods will be shipped.

Article 3 - Order Modifications

Any modification of order must necessarily be notified in writing to AV Composites. To be valid, it must be confirmed by an acknowledgment on the part of AV Composites, specifying the consequences in terms of price and delay resulting from these modifications. The modifications will possibly give rise to the establishment of a new invoice.

Article 4 – Prices and Terms of payment

The expressed prices are in euro or £.

Unless otherwise specified on behalf of AV Composites in the confirmation of order, prices are quoted excluding VAT, ex-works. Any other cost will be separately charged.

Prices presented in quotation are valid for a period of 6 months.

Unless otherwise stipulated, the first order is payable beforehand. Other orders are payable 30 % with order, the balance with reception of the goods.

On no account the payments due to AV Composites are not subject to suspension, reduction, or compensation, without written agreement from AV Composites.

Any delay in payment gives the right to AV Composites to require, for the following orders, cash or an advance payment.

In case of delay in payment, the amount excluding tax of invoices will be increased as penalty. This penalty will be calculated on the basis of one and a half time the legal interest rate, according to the article L 446-1 of the French Commercial law. These penalties apply when the sums payable by the customer are received beyond the deadline fixed by the dates of the general conditions of sale (Article 4), or after the date of payment appearing on invoices.

Any payment is made by bank transfer (swift/Iban).

Article 5 - Delivery and transport

The delivery times are fixed between the parties according to the availability of the goods and the place of delivery. Unless otherwise, the production time is 3 weeks for receipt of the order confirmation. Delivery times are indicative. On no account, the exceeding of delivery deadline can give rise to damages, to an adjournment of the payment, to a cancellation of the current orders, or to a refusal of the goods.

Any modification of the order can give rise to a modification of deadlines.

Are considered as cases of absolute necessity, discharging AV Composites its obligations to deliver: war, riot, fire, strikes, accidents, impossibility for itself to be furnished, accident (equipment, breaking of machine).

Besides, deadlines can be respected only if the customer is up to date with his obligations to AV Composites, whatever is the cause.

Contribution in transport costs is charged to the customer

The sent goods travel at the risks and the dangers of the addressee.

Article 6 - Receipt of goods by the customer

Any approval must be done in the presence of the carrier, and must be systematically checked in its entirety before signing the delivery order. In case of damage, it is up to the addressee, to indicate on the delivery slip, in the form of handwritten reserves, any anomaly concerning the delivery. Any general reserve such as "subject to unpacking and control "are inadmissible. Any complaint must indicate the numbers of order and delivery slip. If no complaint or reserve is formulated by the customer within 24 hours following the reception of products, they will be considered as accepted. AV Composite will accept no return of goods without preliminary agreement.

Article 7 – Retention of Ownership

AV Composites keeps the ownership of the goods until entire payment of them. In case of non-payment of the goods at maturity, AV Composites will repossess the goods which it retained ownership.

The application of this clause does not exclude a possible action for damages of AV Composites, intended to compensate for the loss of income or for the damage which it would have undergone. In this case, AV Composites will be exempted of restoring the deposits received on the price, proportionally in the undergone damages.

Article 8 - Guaranteed

The responsibility of AV Composites is covered by insurance: "Company civil Insurance N°2 / 677503 - ACT iard”.

The responsibility of AV Composites is limited to the replacement of the goods recognized as defective, provided that it has undergone no modification, to the exclusion of any other compensation. In any case, the responsibility of AV Composites is limited to the amount of the order of the litigious products.

All panels have a contractual guarantee ten years. This guarantee is limited to the replacement of the goods recognized as defective by the technical service of AV Composites.

The guarantee does not cover:

- Damage due to an error of manipulation, to an excessive, abnormal or non-corresponding use.

- The expenses of removal, relaying,

- The deteriorations resulting from a case of absolute necessity or other outside event (subsidence, fire, lightning, water damage,…)

- The guarantee is not valid when the conditions of storage, installation, use and maintenance of the products are not respected

Postal charges in return stay in the exclusive responsibility of the customer

Article 9 - Case of absolute necessity

AV Composites is not held responsible of the non-execution of some of its obligations as far as it proves that this non-execution is due to a case of absolute necessity. An impediment in this sense can result from events listed below (not exhaustive list):

- The war, the riots or the revolutions, the acts of piracy, the sabotages

- The natural phenomena such as inclement weather, the lightning, the storms, the cyclones, the earthquakes, the torrents, the floods

- The explosions, the fires, the destructions and the breaking of machine, factory and installations

- The boycotts, the strikes and the lockout whatever shape it is

- The acts of authority, legal or illegal

Article 10 - competent Jurisdictions

The applicable law is the French law.

Any dispute concerning the interpretation and execution of sales of AV Composites products will be the exclusive competence of the commercial court of Tarascon (20 Street Edouard Millaud, 13150 Tarascon - FRANCE).