|GENERAL CONDITIONS||Sales | Purchase|
1. Applicability of the general terms and conditions of sale.
Any order implies Buyers' full and unconditional acceptance of the following general terms and sales conditions. Buyer hereby agrees that the terms and conditions herein represent the entire agreement relating to the goods and accordingly agrees that the terms and conditions herein shall supersede all prior representations, agreements, statements and understandings whether oral or in writing relating in any way whatsoever to the goods. Buyer further agrees that Buyer places no reliance whatsoever on any such prior representations, agreements, statements and understandings other than those representations, agreements, statements and understandings expressly incorporated in these terms and conditions. The conditions printed on buyers' documents are opposable only if accepted by us in writing. The terms and conditions set both herein shall not be amended in any way other than by a written agreement, signed by BRE (hereinafter Seller) and expressly stated to amend these terms and conditions. Failure by Seller to enforce any provision hereof shall not constitute a waiver of such provision, or the right of Seller to later enforce such provision. If any provision hereof is held invalid, void or unenforceable by any court or agency of competent jurisdiction, the other provisions shall remain effective and in force.
All orders must be confirmed in writing. A written order confirmation from Seller must validate the order's acceptance. All rights and responsibilities relating to any order are personal to the Buyer and cannot be transferred without Seller's written agreement.
3. Delivery delays
Delivery delays are for indication purposes only and are subject to change depending on supply and/or transportation availability. Late deliveries will not result in any financial compensation to Buyer or cancellation of Orders currently in progress. Seller may refuse to deliver on the due date or at all it Buyer does not fulfil all of buyers obligations for any reason. Seller is automatically free of any obligation if any 'force majeure" or other incident such as strikes, meteorological conditions, supply difficulties, etc. prevents Seller from fulfilling such obligation, and this without grounds for compensation of any kind.
4. Delivery - Risks
Seller's responsibility stops as soon as the products leave the plant. The products, even if delivered at Sellers charge, travel at Buyer's own risk and responsibility. Buyer is responsible for making any kind of report that may be required in case of damage or shortage. In addition, Buyer must issue any claim to the carrier, by registered letter, within three days after receipt of the goods.