These General Terms and Conditions of Sale apply to all sales entered into by the KENI Company, to professional buyers, below referred to as “Buyer”, regardless of the terms that may appear on customer documents, including their general terms and conditions of purchase. A “Buyer” means any natural or legal person who orders and/or purchases a benefit proposed by KENI, such as the provision of tools and/or any other service.
Any order issued shall be accepted by the General Terms and Conditions of Sale presented herein. Any order of a customer must be made in writing or by any means of communication approved by the company KENI where it will include the information necessary for its identification, including its telephone number, postal and electronic address and billing and delivery address. KENI accepts any order without minima, however below a certain amount of preparation and packaging fees are applied in addition to shipping costs. In addition, KENI reserves the right to refuse any order of a client with whom a current dispute exists. No recovery of unjustified goods may be required by the customer, unless the KENI Company has prior written consent. Relays will only be valid if the goods and packaging are not damaged. The goods taken will be discounted at the price in effect when they purchase less a depreciation fixed according to the age of the goods (minimum 20%). The support for the return is at the customer’s expense to KENI.
Our goods are of excellent quality, but if it happened that they have a manufacturing vice, the recognized defective parts would be replaced free of charge. Our responsibility may not be otherwise engaged and in particular for any damage or delay resulting from the use of these tools. The photographs of the products offered for sale on our catalogue do not enter the contractual field. KENI’s liability cannot be incurred if errors have been introduced.
The prices on our tariff are expressed in Euros and are not tax-free (tax excl.), excluding shipping costs. They may be modified at any time and without notice. At this price, it is necessary to add the shipping costs calculated according to the weight of the ordered items, the carrier selected by the customer or any other accelerated means of delivery (specified). The port is offered free of charge only for a shipment to Metropolitan France for any order of 400 € net H.T. minimum except express or carrier selected by the customer. Outside the European Union or DOM-TOM, and according to the legislation in force in the delivery area, customs fees and taxes may be claimed from the Customer. The prices are those applied at the time of the order within the limits of the available stocks and subject to typographical error.
The delivery is made to the address specified by the customer when the order is placed. It will be carried out by our carrier. The customer will have to check on delivery the correct condition of the parcels and their contents, in case of damage or missing products, the customer will specify his detailed reserves on the delivery voucher and confirm them, within two days of delivery, by fax, mail or email to the company KENI and by registered mail AR to the carrier himself.
The products ordered by the customer will be delivered within a maximum of 7 days from the receipt by the KENI Company of the corresponding order form. However, these delivery times are only given as an indication and without commitment. No delay will result in the cancellation of the order or the commitment of the KENI Company’s liability. In the event of force majeure, and any circumstances beyond its control, such as strikes, stops and accidents of the machines, difficulties of supply, interruption of transport, fires, without limiting this list, the liability of the KENI Company may not be incurred in the event of delay or suspension of delivery due to the customer.
The customer shall bear all costs and risks of loss or damage that the goods may run, from the delivery of the goods. Delivery shall be deemed to have occurred upon delivery of the goods at the disposal of the carrier. The goods always travel to the costs, risks and risks of the customer to whom, in the event of avagance or missing, they must make any necessary findings on the receipt of delivery and confirm their reservations by registered letter with notice of receipt to the carrier and KENI company within two working days after the receipt of the goods, and more generally take all appropriate measures to safeguard the recourse against the carrier. If this period is not met, no claim will be admitted
A detailed invoice will be sent to the customer every month. The indication of the amount of the T.V.A. provides the opportunity for liberal communities, society and professions to recover it.
Our supplies are payable in net cash without discount. Any other period of settlement is subject to a written agreement of our services. In any case, it cannot exceed 45 JFM 15 or 60 days net. KENI reserves the right to request a bank cheque for payment of all orders less than 100 € H.T. (value of goods) upon maturity. Any delay in payment results in the payment of interest calculated on the basis of 3 times the legal interest rate. These delay penalties run in full right, and without a reminder required from the KENI Company, as of the day after the order confirmation settlement date, issued by the KENI Company. In the event of non-payment of a maturity, the amount of the entire claim is immediately payable in its entirety and of an express agreement the recovery costs are borne by the debtor. In the event of a delay in payment, KENI reserves the right to suspend or cancel any pending orders and to apply for the full settlement of the goods prior to shipment without prejudice to the interests and damages that would remain due. In the case of non-compliance with the above terms of payment, the KENI Company reserves the right, to suspend or cancel the delivery of the current orders from the Buyer, to suspend the performance of its obligations, to decrease or cancel any discounts granted to the Buyer.
RESERVE OF PROPERTY
KENI retains the ownership of the goods until their full payment from the customer. The transfer of ownership of the products to the customer is made at the time of the full payment of the price. However, during the period of delivery to the transfer of ownership, the risks of loss, theft or destruction are borne by the customer.
The products delivered by the KENI Company are guaranteed for a period of 6 months, from the date of delivery, covering the non-conformity of the products to the order and any hidden defects, from a material, design or manufacturing defect affecting the products delivered and making them unfit for use. This guarantee is limited to the replacement or reimbursement of non-compliant or assigned products of a vice. Any guarantee is excluded in the event of misuse, negligence or lack of maintenance by the Buyer, as in the case of normal wear of the property or force majeure.
Contractual information is presented in French and the products proposed for sale are in accordance with French regulations. Where applicable, it is up to the foreign customer to check with the local authorities the possibilities for the use of the product he plans to order. KENI cannot be engaged in cases of non-compliance with the regulation of a foreign country. OUT LITIGE RELATING TO THE APPLETIONMENT OF PRESENTS AND SUITES IS OF THE EXCLUSIVE COMPETENCE OF EEVRY LEGALTIONS(91). CONFIDENTIALITY OF DATA The nominal data provided by the customer are not distributed to third parties, with the exception of KENI for the security and insurance of payments. In accordance with Law 78-17 of 6 January 1978, the customer has a right of access and rectification at any time. To exercise this right, just contact KENI.