Terms and conditions of sale
Preamble
Any order implies that the buyer is aware of our general terms and conditions of sale, which are available here on our website
www.hubler.fr, and expressly accepts all of its points.
The buyer may not invoke any clause that has not been expressly accepted by us in writing.
Control
All orders represent an agreement between the parties. It is final and cannot be cancelled for any reason whatsoever, in particular
the cancellation by the end customer of the order placed with our buyer.
In the absence of any reservations upon receipt, the purchaser is deemed to have accepted the product delivered in conformity and in perfect condition.
The quantities indicated are those included in our order confirmation.
In the case of orders for non-standard products, the quantities delivered will be subject to a quantitative tolerance in +/- as shown in
our order confirmation.
We reserve the right to make full or partial deliveries depending on the logistical constraints of supply
and transport.
Our standard delivery terms are those indicated in our terms of supply. Delivery times are given for information only
. We cannot be held responsible for the consequences of any delays or cases of force majeure, and any overrun
of lead times cannot justify any claim for compensation or the application of penalties on the part of the purchaser.
No return and/or take-back of goods is accepted after delivery.
Price
Our products are invoiced at the rates in force on the day the order is received. The supply conditions
and discount possibilities in force on the day of receipt of the order are applied.
The prices applied and agreed are exclusive of tax. At the time of invoicing, the VAT rate in force on the day of dispatch will be added.
With regard to the EPR system in place since 01/05/23, the share of the unit cost that we bear for the management of PMCB waste, as invoiced
by the eco-organization to which we belong (IDU FR335539_04XSSE), is passed on in full to the professional purchaser of the
product, with no possibility of rebate. The scheme only applies to Hubler’s hub’acoustic family.
Terms of payment
Unless otherwise agreed on the invoice, all our shipments are payable in cash on receipt of invoice, without discount.
If we accept a discount for cash payment, this leads to a reduction in deductible VAT.
In the event of non-payment by the due date indicated on the invoice, late payment penalties will be calculated at an interest rate equal to the interest rate
applied by the European Central Bank to its most recent financing operation, increased by 10 points, plus a flat-rate indemnity
for collection costs of 40 euros, plus a flat-rate indemnity of 15% on the total amount remaining due, inclusive of tax, at
as a penalty clause.
Reservation of Ownership
In accordance with French law no. 80 335 of May 12, 1980, our products are sold with reservation of title until full payment of the purchase price
has been received. In the event of non-payment, we shall be entitled to repossess the goods in whichever hands they may be held.
The risks which may affect our products are transferred to the purchaser on acceptance of delivery. Until full payment has been received, the purchaser must take
care of our goods and take out all necessary insurance.
Claim
The scope of our warranties does not exceed that of our suppliers. These guarantees are valid subject to strict compliance with the
specifications given in our technical data sheets. Under no circumstances shall we be held liable for failure to comply with the recommendations
made in our technical data sheets.
In the event of a dispute, our warranty and liability shall be limited to the free supply of identical, non-engineered products to replace
those we have recognized as defective. We will not be held liable for the implementation of the product or for any consequences thereof (delay penalties, loss of subsequent
business, costs of removal and re-installation, etc.).
In accordance with transport regulations, in the event of a dispute, it is the responsibility of the consignee of our shipments to make all reservations in writing to
at the time of delivery, and to inform us of any damage as soon as it is discovered, in order to preserve any recourse against the carrier.
If no reservations are made on the transport documents, or if the reservations are not mentioned exactly as they appear on the current Hubler litigation procedure affixed to all shipping cartons/crates, the goods are deemed to conform in all respects to the order and no subsequent
claims can be accepted.
When boxes are delivered on Europe pallets, the consignee is obliged, in accordance with standard practice, to provide the driver with an equivalent number
of empty pallets. Should this not be the case, we shall be obliged to invoice the purchaser for the missing pallets at the price in force
at the time of delivery.
In the case of exceptional collection from our stock, the driver’s unreserved signature of our delivery note certifies the conformity
of the products to the order, and renders any subsequent claim null and void.
Jurisdiction of the courts – Settlement of disputes
It is expressly agreed that in the event of a dispute, the Lyon Commercial Court shall have sole jurisdiction.