Terms & Conditions
TERMS AND CONDITIONS OF SALE
Those terms and conditions of sale are likely to be changed at any given time. The applicable version is the one featured on our website www.yellozcomponents.com. You can also obtain them upon request by calling this number: +33 160923800.
TCS : January the 2nd 2013 version
GENERAL PROVISIONSOur sales are exclusively limited to business customers. They are subject to the present Terms and Conditions of Sale, which prevail upon any conditions of sale, in accordance with the provisions of the article L.441-6 of the Code du commerce (French Legislation), except specific conditions of sale agreed to between the contracting parties.
OPENING AN ACCOUNT WITH YELLOZ COMPONENTS
To open a company account, a business client must communicate to Yelloz Components its Company name, the name of the contact within the Company, his/her department, full banking informations (including IBAN and BIC), contact informations (address, phone number, fax, …), its Value Added Tax identification number and SIRET.
Our Company reserves the right to decline to trade with any Company or person. Orders may be directly submitted to our sales team through mail, telefax, internet, email or phone. We will then systematically reply with an acknowledgement of receipt specifying that the present Terms and Conditions of Sale will exclusively apply, without the possibility for the customer to make use of any other provision as a mean to diminish or counter them. We will also notify the customer of any product shortage, delay in the delivery, modification of price,…
A 7.50 € without tax contribution to processing fees will be charged for any order inferior to 90 € without tax. Any order cancellation will be subject to negotiation and must be confirmed in writing (required).
Any order will be delivered within 48 hours, at the customer’s specified address, subject to specific situations and availability of stocks. The delivery date is given for information purposes only, and should a deadline not be met, it will never result in the cancellation of the sale, penalties, or payment of damages and interest . Express deliveries are proposed to the customer upon simple request, and will cause an additional cost, charged in addition to the price of sale of ordered products.
PRICE AND TERMS OF PAYMENT
Current prevailing prices are those featured on our quotations and can also be delivered upon simple request calling +33 1 60 92 38 00. All prices are in Euro and without taxes, plus VAT. Yelloz Components reserves the right to modify them at any given time. Any price featured on the catalogs of our suppliers or on our sales supports are submitted for information purposes only.
Payment terms are subject to a 30-day time limit, end of month, invoice date, subject to approval of the credit line, through magnetic withdrawal letter of exchange or bank transfer. By opening an account at Yelloz Components, the customer becomes committed to carry out all banking formalities in order to allow the treatment the magnetic withdrawal through letter of exchange. No discount shall be granted as a return for a payment in advance.
In the event of a late payment, in accordance with the law n°2008-776 of the 04th of August 2008 (French Legislation), the customer incurs penalties the day following the settlement date mentioned on the invoice, without the necessity of a reminder. Unless otherwise specified, and in no case for an amount three times inferior to the legal interest rate, the interest rate of such delay penalties is equal to the interest rate applied by the European Central Bank in its latest refinancing operation, increased by 10 percentage points. Any non-fulfilment by the customer of its obligations, total or partial, whether regarding payment or delay of such payment, will lead, without prejudice to any damages that might be applicable, to the payment of a lump indemnity for recovery cost amounting to 40 euros, laid down by decree issued on the basis of the article 121 of the 2012/03/22 Law (French Legislation). The customer shall forfeit the benefit of the payment term and Yelloz Components may demand immediate payment of the outstanding balance. The customer will be liable for any incurred cost sustained by Yelloz Company for the recovery of the sums owed, and Yelloz Components may furthermore demand, as a penalty clause, a compensation corresponding to 10% of the balance price.
Yelloz Components reserves the right, with or without notice, to suspend the treatment of any order made by the customer, until full payment of due fees have been received, and to reclaim any delivered product.
RESERVE OF PROPERTY AND TRANSFER OF RISKS
In application of the article 2367 and seq. of the Code Civil (French Legislation), the transfer of property of the goods delivered to the purchaser will intervene only after integral payment of the price in the main thing and accessory. In case of dispute or disagreement on the part of the customer, no compensation, of any kind, may call into question the retention of title clause.
This disposition shall not preclude the transfer of risk of loss or deterioration of the said sold goods to take place after the delivery of products, as well as any damages it may incur.
Any claim must include details about how the product has been used, the date of purchase, and the present location of the defective component. Yelloz Components reserves the right either to replace this product, or to produce a credit note for a proportionate part of the invoiced amount.
Contractual liability is solely limited to goods supplied by Yelloz Components, and does not apply to damages, injuries or losses of income caused by a defective component.
CONDITIONS FOR APPLICATION OF THE CONVENTIONAL GUARANTEE
The goods sold are guaranteed to be free of any operating fault due to defective material, manufacturing or design, during one year after date of invoice, providing the product is used as intended by the Customer.
Hence the guarantee becomes void if the default derives from a modification of the product, a negligence, or inadequate maintenance by the customer.
LIMITATION OF GUARANTEE
The guarantee is limited to the repair or, to Yelloz Components’ preference, replacement of the apparatus, only in the case of recognised conformity-related defect by our technical department. Yelloz Components shall in no way whatsoever be made to offer compensation for any damage linked to this defectiveness including, notably, the unavailability of the product while the product is undergoing maintenance or being replaced. The guarantee does not extend to repair, transformation, or replacement periods of the product.
DELAYS, RETURN, DISPUTE, CONTESTATIONS
Upon delivery and in the presence of the carrier, the customer must make sure that the parcels bear no signs of damage, debris, or forced opening, and that the number of parcels matches the one mentioned on transportation documents. Any reservations made by the customer must be transcribed on the transportation documents, or, by default, notified, in accordance with the article L.133-3 of the Code de Commerce (French Legislation), to the carrier by registered letter with an acknowledgement of receipt within three days after delivery at the latest, with a copy sent to Yelloz Components. Failing this, no complaints may be accepted by Yelloz Components.
Any product return must be made, carriage paid, within a maximum delay of 5 days from the date of delivery to the facilities of the customer.
Products must be returned in their original packaging, sealed and intact (failing this, no return will be accepted), accompanied with the Yelloz Components’ file number and delivery order or matching invoice, within a maximum delay of 5 days from the date of creation of the return. Any products returned will be subject to a quality control before any decision can be made.
Should a claim prove to be justified, interests on late payments will be suspended.
CUSTOM MADE PRODUCTS
These products will systematically require the customer to make a written binding and non-lapsing purchase offer, and the time of delivery shall be the one specified on our website or given by the manufacturer.
Unless a specific agreement exists between Yelloz Components and the customer, products referred to as « CUSTOM » can not be returned, unless the product is proved to be defective.
ELECTRICAL AND ELECTRONIC EQUIPMENTS’ WASTE (DEEE)
In accordance with the article 18 of the decree 2005-829 dated July the 20th 2005 on the composition of electrical and electronic equipment (EEE) and the disposal of waste arising from said equipment (French Legislation), all obligations to finance and arrange the disposal and treatment of EEE waste to which the present contract applies are transferred to the customer who accepts them. The customer handles the collection, treatment and recycling, of all EEE to which the present contract applies, in accordance with article 21 of the said decree.
The above-mentioned obligations must be transmitted to all successive clients up to the final user of the EEE.
Furthermore, for any waste arising from lamps within the category 5 of the Annex 1 of that same decree, Yelloz Components adheres to the eco-organism Recyclum, agreed by public authorities to manage used lamps.
Should a customer fail to fulfill these obligations, which are now under its responsibility, it may be exposed to criminal penalties by application of the article 25 of the said decree.
Yelloz Components will not be held responsible for any delay of performance or non-performance of any obligations under this Agreement in case of Force Majeure , specifically in the cases of natural catastrophy, bad weather conditions, fire, explosion, flood, national strike, accident, riot or civil disturbance, unusual delay caused by the provider, shortages of raw material or products.
In the case of non performance of its obligations by one of the parties, the present contract will automatically be terminated to the benefit of the other party, notwithstanding damages that can be demanded to the failing party. The termination will be automatically enforced 10 days after a formal demand has been sent and remains unanswered.
PATENTS AND REGISTERED DESIGNS INFRIGEMENT
Yelloz Components shall receive compensation for any financial penalty and expenses arising from realisations based on specifications involving patents and registered designs.
A minimum order of 150 € without tax is required for the opening of an account and to be able to place your first order, and Yelloz Components may demand a payment in advance before the products can be shipped.
Payment will be settled either through Wire (SWIFT) transfer (first order) or through irrevocable and confirmed letter of credit open for a 30 days net period in a French bank, this from the date of invoice, and subject to acceptance of the credit .
Any cost brought about by shipping, special packaging, documentary and bank credits for orders shipped overseas will be charged to the customer.
The customer is committed, for any products ordered to Yelloz Components, to make sure that regulations in force concerning the restricted commercial usage of specific goods, and restrictions against specific countries or suspected organisations are respected (refer to the Website www.Douane.gouv.fr, the « Entreprise /les restrictions commerciales» section – French Legislation).
As part of the application of our group’s proceedings, certain restrictions to sensitive countries are to be applied ; for more information on those restrictions, please consult with us.
All disputes arising out of any sales contract subject to these Terms and Conditions shall be under the exclusive jurisdiction of the tribunal de commerce (Commercial Court) of EVRY - FRANCE.