GENERAL TERMS AND CONDITIONS OF SALES
These general terms and conditions of sales together will the terms stated on the face hereof, as well as the technical data sheets and materials safety data sheets of the products sold hereby, constitute the sale documents governing the contractual relationship between buyer and PMC ISOCHEM (hereinafter “PMC ISOCHEM” or “we”). However in case the present sale has been previously the object of a specific previous written agreement the terms and conditions of said previous agreement will prevail in case they may be contradictory to the present.
1 - Ownership of the products
The ownership of the products remains vested in PMC ISOCHEM until their payment in full is received by PMC ISOCHEM and until such time when the property of the products has been passed to the buyer, the buyer agrees not to sell or give in guaranty said products. Buyer gives hereby to PMC ISOCHEM the right to make use of this clause at any time and in accordance with laws governing such matters in force in the buyer's country.
2 - Payment
Buyer agrees that payment in full shall be due on the terms stated on the face hereof, as repeated on the invoices, costs of transfer of funds being borne by buyer.
Late payment shall be subject to a delinquency charge, calculated on a daily basis at a rate of interest equal to the financing rate used by the Central European Bank plus ten (10) percentage points , for any unpaid balance from the due date to the date of actual payment. ln the case buyer default of any payment herein, PMC ISOCHEM shall be entitled to recover, in addition of owing and above charge and the fixed compensation for collection costs of 40€, reasonable attorney's fees plus costs and other out pocket expenses.
3 - Shipment, transfer of risks
Except otherwise stated on the face hereof our products are sold FCA (free carrier) our production plant according to the meaning of the lncoterms 2020 as published by the International Chamber of Commerce.
4 - Packaging
a - Returnable, hired or loaned: such packaging shall remain our property, it is specifically and solely intended for the purpose of packaging the products sold. The buyer, the user or the bailee shall be liable for all and any accident which might occur by reason of said packaging. Said packaging shall be returned to us in good condition within the time specified by the specific conditions of the sale. ln the event of failure to return said packaging within the stipulated period of time, or of destruction or deterioration of the same we shall be entitled without any prior formal notice to this effect to invoice the buyer for the cost of replacing said packaging, and the buyer shall in consequence become the owner thereof, or for the cost of restoring said packaging to its original state and also to claim from the buyer the payment of an indemnity for injury suffered due to the failure to comply with the above stipulations.
b - Transferred packaging: when the ownership of the packaging has been transferred to the buyer, said buyer shall remove from such packaging all references to the name of PMC ISOCHEM and shall refrain from using such packaging for any other purpose than that for which it was originally intended.
c - Containers subject to regular testing: when packaging is subjected to regular testing at intervals laid down by regulations, which the buyer acknowledges to be fully aware of, then the date of the test most recently carried out is embossed on said packaging. We disclaim any liability for any accidents which might be caused by such packaging, with or without contents, in the events the ownership of said packaging having been transferred to the buyer, or said packaging not having been returned by the buyer before the date of the following test.
d - Packaging supplied by the buyer: when packaging is supplied by the buyer the latter shall ensure the conformity of said packaging with all and any regulations currently in force.
5 - Date of delivery
Date of delivery of the products is stated on the face hereof. Early or late delivery cannot give rise to penalties or compensation of any kind A late delivery cannot under any circumstances justify cancellation of the order or refusal to take delivery of the products, without PMC ISOCHEM's written agreement
6 - Warranty
PMC ISOCHEM gives no other warranty than its products will be in compliance with their technical specifications as indicated in their technical data sheets. Thus buyer cannot invoke the liability of PMC ISOCHEM to claim indemnification of direct and/or indirect damages which are caused by use, transportation, storage or utilization contrary to the specifications or to the material safety data sheets of the products and accordingly waive any right of action against PMC ISOCHEM and PMC ISOCHEM's insurers and intend to obtain a similar waive of recourse from i t s insurers.
PMC ISOCHEM makes no warranties, express or implied, of merchantability, fitness or otherwise. There are no warranties that extend beyond the description of the products on the face hereof and as cited in our technical data sheets. PMC ISOCHEM shall not be liable for any loss or damage resulting from or arising out of the use of the products sold by PMC ISOCHEM by buyer or any third party whether the use is made or not in combination with other substances and whether this use is made in any buyer's, or any third party, manufacturing process or otherwise. Buyer hereby declares be will carry the tests he considers useful and he will make all decisions relating to the uses of the products purchased from PMC ISOCHEM. I t is recommended to ask our advices, however our advices and information, can only reflect our own experience and can in no way involve any liability on our part and consequently buyer waives any right of action against PMC ISOCHEM as to the use of the products purchased from PMC ISOCHEM. Buyer shall inspect the products immediately upon receipt of shipment. In case of damages visible upon delivery or related to the transportation buyer will make the related reserves to the carrier, within the time and in the manner specified by the rules governing such matters, and will send PMC ISOCHEM copy of said reserves. Claims on account of weight, quality, loss or damage to said products shall be made in writing sent to our sales organization, in France, by fax or e-mail within eight (8) days from the date of receipt of shipment by buyer and must outline the specific defect in sufficient details. Products shall not be returned to PMC ISOCHEM without the previous written consent of PMC ISOCHEM. ln case of return of products Buyer must return !them in same good condition as shipped from PMC ISOCHEM's plant. Buyer shall not have the right to deduct the amount of any claim from a PMC ISOCHEM's invoice without the written PMC ISOCHEM's consent. The liability of PMC ISOCHEM for any cause resulting out or arising from any defect in quality, weight, loss, damage or any other cause whether similar or dissimilar will be in any and all event limited to the value of the products having such said defect as invoiced by PMC ISOCHEM to buyer.
7 - Force majeure
If the manufacture, transportation, delivery, purchase or acceptance of products covered under this agreement is prevented, restricted or interfered with by reason of:
a - fire, explosion, breakdown of equipment, strike, lockout, labor dispute, casualty or accident, lack or failure of transportation facilities, epidemic, cyclone, flood, drought, earthquake, lack or failure of sources of supply of labor, raw materials, power, or supplies, or
b - acts of God, war (whether declared or not), revolution, civil commotion, public disorders, rebellion, sabotage, riots, blockade, embargo, or
c - expropriation or confiscation of facilities due to any law, order, proclamation, regulation, ordinance, decree, demand or requirement of any government or of any subdivision, authority or representative of any such government, or
d - any other cause whatsoever, whether similar or dissimilar to those enumerated above, beyond the reasonable control of the party affected and which said party is unable to prevent by the exercise of reasonable diligence;
Then the affected party shall give to the other party prompt notice and shall be excused from making deliveries, purchases or acceptances hereunder, as the case may be, to the extend of such prevention, restriction or interference.
Any loss, or damages, or delays in, or failure of performance of any party under this agreement, except the payment of money already due, shall not constitute a default thereunder or give right to any claims for damages if and to the extent such loss, damage, delay or failure is caused by "force majeure" which is for this purpose defined hereabove.
If by reason of the foregoing events the quantities of any material used in the production of the products covered by this agreement reasonably available to PMC ISOCHEM shall be less than its total needs for its own use and/or sale, PMC ISOCHEM may allocate its available supply for any such material among its purchasers and/or its own departments and divisions, on a fair and reasonable basis, without thereby incurring any liability for failure to perform under this agreement.
8 - Law - Arbitration
This agreement and the relationship between buyer and PMC ISOCHEM shall be governed by the laws of France.
Any controversy or claim arising from or relative to this agreement shall, unless be settled by amicable arrangements of both parties, be finally settled in accordance with the rules of arbitration of the International Chamber of Commerce. The arbitration shall take place in Evry, France. Judgment upon the award rendered may be entered in any court having jurisdiction or application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the case may be.
If you wish to get information on PMC Isochem from our web site you will have to use <this contact form>. In compliance with French Law No 78-17 of the 6th January 1978, "Freedom of Information concerning Computerized Data" and with the General Data Protection Regulation European law, you have the right of access to, and the right to stop and to rectify, any personal information that concerns you by the PMC Isochem DPO
Any information sent or disseminated by visitors to the site via electronic mail will be considered as non-confidential and must be accurate, lawful and not harmful to the interests of any third party.
Information contained in the web site
PMC Isochem has taken every precaution to ensure that the information given in its web site is accurate. Nevertheless, errors or omissions may occur, and the visitor should therefore check the accuracy of any information given in the site with PMC Isochem. PMC Isochem is not responsible for the use made of this information or for any direct or indirect harm that may arise from its use. We reserve the right to change the information provided in this service without giving prior notice.
Unless otherwise stated, copyright ensuing from documents contained in the PMC Isochem site, or from each of the elements created for this site, is the exclusive property of PMC Isochem
The reproduction of documents appearing in the web site is only authorized for information purposes and for private and personal use. Any reproduction or portrayal by any means, either in whole or in part, for any other purpose is prohibited. Failure to comply with this prohibition constitutes an infringement that is liable to result in civil or criminal action being taken against the party responsible for the infringement.
Brand name and logos
Brand names and logos appearing in this web site cannot be used without the prior written consent of the owner of these brand names and logos.
Modification of terms
Design & Programming: Kissagram Design
Photo © Getty Images - Didier Charre - Fotolia