1 – Subject : These general terms of sale apply to any sale by YORK SAS Company, unless otherwise provided by contract. Any order with YORK SAS involves unconditional acceptance of the present general terms of sale.
2 – Price : Our prices are those that are current on the order date ; they are expressed in euros and calculated exclusive of all taxes. They are increased by the rate of VAT and by the possible current taxes on the order date. For deliveries on the French market, our prices are free delivery for all invoices over 400€ excluding VAT unless otherwise provided by contract. For invoices lower than 400€ excluding VAT a contribution to costs of 30€ excluding VAT is charged. On foreign markets, we are quoting prices departure Toulon (F.83) EXW, unless otherwise provided by contract.
3 – Deliveries : Our products are delivered in lost packaging. In case of lost or destruction during, the buyer will have to formulate all the necessary comments on the delivery note ; these comments must be confirmed within 10 days after the delivery of the products by sending a registered post with acknowledgement of receipt to YORK SAS. On the French market, our products are delivered within 10 working days as from the order date. Rush orders, on the French market, are delivered within 5 working days as from the order date. Deferred deliveries are delivered within more or less 5 days compared to the requested delivery date.
For new products, a 6 weeks time extension is to be planned. The non-respect of delivery terms shall neither lead to cancellation of order, nor entail the payment of damages. On the foreign markets, the delivery date will be the one contractually determinate between YORK SAS and its customer.
4 – Reserve of property/Responsibilities : The products sold remain the property of YORK SAS until their price has been paid in full. As such if the buyer is the object of a recovery or a judicial liquidation, the company reserves the right to claim, within the framework of the collective procedure, the goods remained unpaid. In case of lost or destruction the customer will be responsible of the goods as soon as they are delivered. The company always deliver products of the quality chosen or required by its customers and should not be held responsible in case of error or bad use from their part.
5 – Delay in payment : Invoices are payable cash on delivery, net without deduction except unless otherwise provided on the invoice. As expressly agreed, invoices unpaid on due date will entail the payment of interests equal to 3 times the current legal interest rate on the day of delivery, without any preliminary formal notice being necessary, and an amount of 100€ excluding VAT in France and 199€ excluding VAT on foreign markets to cover the fees of ordinary or registered mail (article 441-6.1 - alinéa 12 et D.441-5 - commercial Code). Our sales agents are not allowed to receive any payments. Material safety data sheet are available in request at : fds@york-lubricants.com.
6 – Force majeure : YORK SAS shall not be responsible if the non-execution or the delay in the execution of one of its obligations described in the present general terms of sales results from a case of absolute necessity. As such, the force gets on of any outside, unpredictable and irresistible event in the sense of the article 1148 of the civil Code.
7 – Competent court : As expressly agreed, no court other than that of the Company’s head office shall be competent to rule any disputes. Our customers do expressly agree with this clause granting competence ; indeed we wouldn’t have dealt with them without it.
The translation of these general terms of sales was realized for the comfort of our foreign customers, but only the French version is legally valid.