The website www.simportho.com you are currently visiting is the property of SIMP, route de Brignais 69230 Saint-Genis-Laval, France.
Access to www.simportho.com bestows the right to private and non-exclusive use of the site.
Trademarks and logos (hereinafter collectively referred as “Trademarks”) on the website are SIMP property or subject to third parties rights. No interpretation can be made for a license or right to use any Trademark displayed on the website.
Consequently, any representation or reproduction, complete or partial, that could take place without the consent of the owners or assignees, is illegal.
Graphic design, development and web hosting by Sevanova
Head office: route de Brignais 69230 Saint-Genis-Laval, France
Publication manager: Patrick Frenay
Phone: +33 (0)4 78 48 13 59
Fax: +33 (0)4 78 48 11 08
General Terms of Sale
Article 1 – Scope – Value
These General Terms of Sale shall apply to all sales made by the company known as SIMP (hereinafter referred to as SIMP or the Seller) and take precedence over any other agreement or document purporting to have contractual value, unless prior written authorisation is provided by SIMP.
The issuer of an order intended for the Seller shall hereinafter be referred to as the “Purchaser”.
Article 2 – Contract formation
A valid order by the Purchaser is an offer to enter into a contract which cannot be withdrawn once it has been accepted by the Seller.
In order to be valid, an order must accurately state the specification of the products with all necessary details, including the requested shipping location.
The Seller shall not be contractually bound until he/she accepts the order in writing.
Article 3 – Products
The delivery concerns the products forming the subject of the order accepted by the Seller. Nevertheless, the Seller reserves the right to make any minor adaptations to its products which it deems appropriate, without any obligation to modify them for orders in progress.
Article 4 – Payment
Unless otherwise stipulated, the price of the products shall be payable 30 days after the date of delivery.
No discount shall be given for early payment.
Any delay in paying the due sums after delivery shall incur, from the first day of lateness and without any official notice being required, monthly late payment interest of 1% which is compoundable each month. In the event of late payment, the Seller reserves the right to suspend the fulfilment of all other orders placed by the Purchaser and/or to terminate all contracts in progress or a portion thereof. There shall be no offsetting against any sums owed by the Seller without the prior written authorisation of the Seller.
The Purchaser must reimburse the Seller for all expenses incurred in the course of recovering the sums owed.
Article 5 – Delivery – Transport
5.1 – Delivery
Unless otherwise agreed in writing, the products shall be delivered from the SIMP warehouses.
Should any delivery lead time be specified, this will always only be an estimate. Lead times which prove to be longer than those specified shall under no circumstances be accepted as a reason for order cancellation, retention or payment of damages. Lead times may also vary depending on the Seller’s procurement conditions. Should an unpredictable event occur which is such that the delivery time would be extended by more than fifteen days, the Purchaser would be informed of this immediately.
The Seller is released by operation of law of any commitment relating to delivery timeframes in the event that:
- the Purchaser does not comply with the payment terms.
- the Purchaser does not provide in good time the information which is required to execute the order.
- a case of force majeure or events such as the following occur: strikes, lock-outs, riots, war or international complications; customs problems or other import-related problems which cannot be attributed to the Seller; requisitions; fire at the premises of the Seller or at those of one of its suppliers; flooding occurring in the premises of the Seller or in those of one of its suppliers; transport disruptions or delays; major incidents concerning the manufacturing tools.
Should the creditworthiness of the Purchaser deteriorate, or should the Seller have legitimate reasons for believing that the Purchaser would not be able to comply with the agreed due dates, then the Seller reserves the right to modify the terms of payment and only to deliver the products upon immediate payment for all placed orders and orders in progress or to demand security. Any deferment of payment which may be granted to the Purchaser shall always be on a temporary and revocable basis.
5.2 – Transport
Transport costs, if applicable, shall be invoiced with the relevant products. The Purchaser shall give the Seller free rein to select the transport method, except in the event that the Purchaser bears the cost by means of a special indication in the purchase order which is approved by the Seller.
Article 6 – Transfer of ownership – Transfer of risks
The transfer of ownership of the products to the Purchaser shall only take place once the Purchaser has paid the price in full, regardless of the delivery date of said products. In the event of failure to pay, and should it prove impossible to identify the corresponding products, the Seller may demand all products from the Seller worth up to the sum owed.
The transfer of risks (loss, theft, damage, etc.) for the products shall take place upon the handover of the products to the carrier on their way to the Purchaser.
Article 7 – Extent of the Seller’s obligations – Seller’s liability – Guarantee
Unless otherwise expressly agreed between the Seller and the Purchaser, the Seller is not the manufacturer of the products in the sense of Council Directive 93/42/CEE of 14 June 1993, and shall not assume any of the obligations associated with this capacity. In any event, the Purchaser shall be responsible for all tests to ensure that the products satisfy the essential requirements shown in Appendix I of the aforementioned directive and, more generally, all of the manufacturer’s obligations.
The hidden defects guarantee shall only apply to defects appearing within a maximum of one (1) year starting from the day of delivery and upon the condition that the Purchaser reports the claimed defect to the Seller by means of a registered letter with acknowledgement of receipt within fifteen (15) days of noticing the defect. Should any products received not correspond to those ordered, then this must be reported within 48 hours of receipt of the order. The Seller shall not be liable for any consequences of transporting the products. No products must be returned for take-back or exchange without the prior authorisation of the Seller.
Subject to public policy regulations, the Purchaser may not hold the Seller liable for any prejudicial consequences which the defects may have led to, and, in any event, the liability of the Seller shall be limited to the price paid by the Purchaser for the defective products.
Article 8 – Termination of business relationship – Termination of contracts in progress
8.1 – Termination
The Seller is entitled to terminate a contract, without advance notice, by sending a registered letter with acknowledgement of receipt and to terminate, without advance notice or compensation, any business relationship with the Purchaser in the event that:
8.2 – Consequences of a termination
In the event of the resolution of a contract, the products which have already been delivered shall be returned to the Seller at the expense of the Purchaser, in their original packaging and with all their accessories . Should the returned products not match those which were delivered, compensation shall be deducted from the sums already paid and, failing that, shall be demanded from the Purchaser.
Article 9 – Competent judge – Applicable law
Any disputes between the Seller and the Purchaser shall be heard before the Commercial Court of Lyon. All relations between the Seller and the Purchasers shall be subject to French law.
Article 10 – Use of electronic correspondance
In their relations, the parties agree that electronic written correspondence shall be authoritative and may be used as evidence, unless a special form is required by the agreements between the parties.
Article 11 – Acceptance of the Purchaser
These General Terms of Sale are expressly approved and accepted by the Purchaser, who confirms and recognises that he/she/it is fully conversant with them and, therefore, shall refrain from making use of any conflicting document and, in particular, his/he/its own General Terms of Purchase.
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