Terms and Conditions of Sale

1-) WARRANTY
If any Boutet product delivered hereunder fails to conform to the specifications or to be of the kind designated prior to the date which is 60 days from the date of shipment or prior to the date of use or resale of the product by the Purchaser whichever date sooner occurs, and if the Purchaser shall notify Boutet thereof immediately, Boutet shall thereupon correct the defect or defects by making available a replacement product.
 

2-) DELIVERY
Unless otherwise specifically provided in writing, upon delivery to the customer designated carrier all risk of loss or damage shall pass to the Purchaser whose responsibility it shall be to make claims against the carrier.
 

3-) FORCE MAJEURE
Boutet shall not be liable for delay in delivery or failure to manufacture, due to causes beyond its reasonable control, or due to acts of God, acts of the Purchaser, acts of civil or military authority, priorities, fire, strikes, floods, epidemics, quarantine restrictions, war, riot, delays in transportation, inability due to causes beyond its reasonable control to obtain necessary labour, materials, or manufacturing facilities, or due to any other commercial impracticability. In the event of any such delay, the date of delivery shall be extended for a period equal to the time lost by reason of the delay. The due performance of the Contract is subject to cancellation by Boutet or to such variation as it may find necessary as a result of inability to secure labour, materials, or supplies or as a result of any act of God, war, strike, lockout, or other labour dispute, fire, flood, drought, legislation or other clause (whether of the foregoing class or not) beyond the control of Boutet.
 

4-) PRICES AND QUOTATIONS
Prices are those in effect at the time an order is accepted by Boutet, except that if the Purchaser specifies delivery beyond 30 days from the date of the order, prices shall be the prices in effect at the date of delivery. Any quotation issued by Boutet shall be valid for 30 days. Thereafter Boutet reserves the right to vary or cancel its quotation.

 

5-) PAYMENTS AND PASSING OF OWNERSHIP
Each contract shall be considered a separate and independent transaction, and payment therefor shall be made accordingly. If delivery is delayed by the Purchaser, payments shall become due on the date when Boutet is prepared to make delivery. Products held for the Purchaser shall be at the risk and expense of the Purchaser. Unless other terms are agreed in writing between the parties payment shall be made to Boutet within 20 days following the end of the month of invoicing/despatch. If payment is not made on these terms or such other terms agreed between the parties then Boutet without prejudice to any rights it may have shall be entitled to suspend any further deliveries of goods to the Purchaser.
 

6-) PROPERTY IN THE GOODS
The property (both legal and equitable) in the goods supplied under this Contract shall not pass to the Purchaser until, the purchase price of the Contract Goods has been paid in full.
 

7-) TAXES
Boutet´s prices do not include sales, use, excise, value added or similar taxes. Consequently, in addition to the price specified herein the amount of any present or future sales, use, excise, value added or other similar tax applicable to the sale of the products hereunder or to the use of such products by Boutet or by the Purchaser, or any value added or added value tax shall be paid by the Purchaser or in lieu thereof the Purchaser shall provide Boutet with a tax exemption certificate acceptable to the tax authorities.
 

8-) CANCELLATIONS
The Purchaser may cancel its order, provided it gives written notice to Boutet and pays to Boutet the latter´s cancellation charges.
 

9-) LAW APPLICABLE
These conditions and all other expressed terms of the Contract shall be governed and construed in accordance with the laws of France.
 

10-) PRODUCT INFORMATION
Boutet reserves the right to change the design or specification of the products shown on its web site and catalog without prior notification. Every care has been taken to ensure that the details of specifications, technical data, dimensions, tables etc., are accurate. However, no liability can be accepted for any error nor the consequences arising from such errors.

 

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