Sales terms and conditions

The following terms and conditions are applicable in their entirety for any contract signed between CRE Technology and the Buyer, in France or abroad, whichever is the place of delivery.

All other conditions commit the company CRE Technology only after receiving a written confirmation. The information hereafter can be modified by the company CRE Technology without notice.

Placing an order implies unreserved acceptance of these terms and conditions of sale. They take precedence over the customer's general terms and conditions of purchase.

CLAUSE N° 1: OBJECT

The terms and conditions set forth herein constitute the entire agreement between:

CLAUSE NO. 2: PRICES

Prices of sold Goods are those in effect on the day the order is placed. Prices are in euros, excluding VAT. Consequently, they will be increased by the VAT rate applicable on the day of the order.

To this price must be added transport costs calculated according to the weight of the items ordered, the country, and the shipping method chosen by the Buyer.

For all international Buyers, any bank charges, customs duties, local taxes, import duties or state taxes are the responsibility of the Buyer. All applicable taxes added are not under CRE Technology's responsibility. They are payable by the Buyer and are at its sole responsibility in both terms of declarations and payment to the taxing authorities.

The prices of the Price list should be revised without notice if the USD/EURO variation exceeds 3% from the date when the price list has been edited (see date on the first page).

Quotes have a validity period of 1 month.

CLAUSE N° 3: MINIMUM INVOICING

The minimum invoice amount is €100 excluding VAT. For orders under €500, processing fees of €55 from €100 to €300 and €25 from €301 to €500 will apply. For orders over €500, processing fees no longer apply.

CLAUSE N°4: ORDER - ACCEPTANCE - CANCELLATION

The Buyer can either place/confirm an order by fax, email or mail.

If CRE Technology can satisfy/meet the Buyer’s requirements in terms of products, delivery time and prices, the purchase order is considered as effective and CRE Technology can issue a confirmation summarizing the order. If CRE Technology cannot satisfy/meet all the Buyer’s requirements, an order confirmation with the amended details will be sent to the Buyer for acceptance. Upon receipt of the Buyer’s acceptance, the purchase order is declared as valid from the date of receipt.

The Buyer’s order establishes the acceptance of the prices and description of the products available for sale. 

Once the order is effective, the modification or cancellation of the order from the Buyer, within 72 hours, will be accepted only after receiving a written agreement from CRE Technology. A cancellation of order from the Buyer after 72 hours will result in a penalty equal to 20% of the order's total amount. 

No order cancellation can be accepted when engineering activities already started.

The delivery time stated on the order is given as a turnaround time indication and is not guaranteed by CRE Technology.

Consequently, any reasonable delay in the delivery of products cannot lead to any claim for damages or interest on the Buyer's behalf, nor can it lead to the cancellation of the order by the Buyer, who will remain bound by his initial order.

CLAUSE N° 5: DISCOUNT FOR ADVANCED PAYMENT

Unless exceptional agreement from CRE Technology, advanced payment will not give access to any discount rate.

CLAUSE N° 6: TERMS OF PAYMENT

Unless exceptional agreement from CRE Technology, payments are in euros.

Payment of the order should be done to the address mentioned on the contract.

Unless otherwise mentioned by CRE Technology, standard Terms of payment are Prepayment by bank transfer or 30 days end of month, only after agreement from our financial services.

The method of payment is by bank transfer.

Terms of payment are specified on the initial price offer (Quotation or Proforma), or on the purchase order acknowledgment.

We do not accept payment by cheque.

In the event of a deposit payment, followed by a cancellation of the order from the Buyer, CRE Technology will retain payment as penalty clause.

CLAUSE N° 7: LATE PAYMENT

Pursuant to the French Commercial Code – Art. L.441-6, penalties for late payment are due on the day after the settlement date mentioned on the invoice, in the case amounts due are paid after the date mentioned, the amount of the lump sum is 40 euros, plus penalties based on 3 times the legal interest rate.

The interest rate is the current legal interest rate applicable at the date of Goods' delivery. 

This penalty is calculated on the amount net of tax of the sum remaining, and runs as from the expiration date of the price without any prior notice being required.

CLAUSE N° 8: AVOIDANCE CLAUSE

If any amount is still in overdue 15 days after the « Late payment » clause, the order will be solved of full right, and will open a right to damage allowance to the profit of CRE Technology.

CLAUSE N° 9: PROPERTY RESERVE CLAUSE

Pursuant to with the French Law No. 80-335 of May, 12th, 1980, CRE Technology retains total ownership of the Goods until full payment, including taxes and accessories. In the same way of all our Sales conditions, ordering a product implies Buyer's unconditional acceptance of this property reserve clause. The customer agrees to notify us immediately and, under penalty of damages, of any seizure that would be performed by a third party. The customer also agrees to let us take back our Goods without prior notice, to allow us to enter the premises, and to bear all the removal’s costs of our Goods.

CLAUSE N°10: WITHDRAWAL RIGHTS

Unless exceptional agreement, all deliveries are EXW - Ex Works (Incoterm 2020).

The Buyer shall designate the carrier to whom the goods are to be entrusted.

However, the Buyer may ask CRE Technology to arrange the shipment. The Goods are delivered to the address specified when placing the order. The delivery will be carried out by CRE Technology’s carriers. The shipment will occur once the order is effective. CRE Technology ensures its customers against the risks related to the transport of their order, up to 10 000 euros per delivery. 

In the event of a dispute during transport, CRE Technologies shall not be held liable in any way. CRE Technologies strongly recommends that its customers check their orders in the presence of the deliveryman. In the event of missing or damaged goods during transport, the customer must mention this on the carrier's delivery slip, and notify the carrier and CRE Technology by registered letter with acknowledgement of receipt within delay of 3 days. Any claim that is imprecise or outside delay will be considered null and void.

Please remember that imprecise reservations will deprive the Buyer of all recourse against the carrier. Under penalty of nullity, the Buyer should confirm these reservations within 48 hours of delivery, by registered letter with acknowledgment of receipt addressed to the last carrier.

Any return requires prior written agreement from CRE Technology. Unless otherwise indicated by CRE Technology, shipping costs are entirely at the expense of the sender.

If the customer chooses its own carrier, all risks are under the customer responsibility and CRE Technology declines any responsibility in the process. 

CLAUSE N° 11: WITHDRAWAL RIGHTS

The right of withdrawal cannot be applied without the written agreement of CRE Technology.

CLAUSE N° 12: WARRANTY

CRE Technology products warranty is 12 months. This warranty is applicable starting from the date of the first use of the product. This date must occur within a 12 months timeframe following the initial delivery date from CRE Technology providing hereby a maximum warranty period of 24 months.

The warranty should be extended to maximum 36 months for the battery chargers BPxxxx product range if the product's first use date is set within a limit of 24 months from the CRE Technology initial delivery date.

This warranty is limited to a factory repairing or replacement by an identical unit (according to CRE Technology’s choice), and only to units which have not been damaged from a bad use or handling.

The warranty is void if the product or any portion of the product has been modified, disassembled, opened or re-assembled.

CLAUSE N° 13: FORCE MAJEURE

CRE Technology may not be held liable if the non-performance or delay in performance of any of its obligations described in these terms and conditions of sale is due to force majeure.

Force majeure is defined as any external, unforeseeable and irresistible event within the meaning of Article 1148 of the French Civil Code.

CLAUSE N° 14: LIMIT OF LIABILITY

CRE Technology could not be held responsible for any maladjustment of Goods to the customer’s requirements, of any insufficiency of performance or any lack of compatibility of the units between them. 

CRE Technology does not accept any other liability than the one based on units proved faulty because of its negligence. CRE Technology is not liable for any loss or damage beyond the replacement of the defective part under warranty or its repair (see terms of clause n° 12). CRE Technology excludes any indirect loss and cannot be held liable for any indirect damage or costs, nor for any loss and in particular loss of data or information, and any damage or costs arising from the use or impossibility of use of the equipment(s). Any financial or commercial prejudice, such as loss of benefit, sales turnover or any problems of productivity, replacement costs resulting from the unavailability of products, loss of data or loss of image constitutes indirect damage and therefore does not give rise to any right to compensation.

CLAUSE N° 15: COMPETENT COURT

Any dispute relating to the interpretation and the execution of these General Sales Terms and Conditions is subject to the French law. If no amicable agreement is reached, Antibes Commercial Court (Alpes Maritimes – 06) is the relevant court for any dispute.