Conditions
General Terms and Conditions of Sale and Delivery
1-SUBJECT OF THESE TERMS:
These general terms and conditions (hereinafter "GTC") apply to the products, services, and amenities (hereinafter the "Products") marketed by CATEQUIP SAS (Trade Register RCS TROYES 380 863 571 – 19 rue de la Paix – 10320 Bouilly, France) to any legal entity (hereinafter the "Client") placing an order with it. The Client acknowledges having read and accepted these GTC without reservation at the time of ordering Products from CATEQUIP SAS. The GTC prevail over any other document of the Client (General Purchasing Conditions, etc.), which shall be declared unenforceable against CATEQUIP SAS, unless there is a prior express written agreement to the contrary.
They may be accompanied by special conditions (hereinafter "SC") specific to each Client. The contractual relationship between CATEQUIP SAS and the Client is designated as the "Contract".
Any other document, including catalogues, brochures, advertisements, manuals, or the website www.catequip.fr and its content (photographs, diagrams, drawings, or videos), has only an informative and indicative value and is not contractually binding. CATEQUIP SAS reserves the right to make any technical modifications to the Products rendered necessary by circumstances or technical evolution.
Any modification of these GTC is immediately applicable to new orders.
2-ORDERS AND CONTRACT FORMATION:
In the event of an order received from the Client, it is considered firm and final upon written acceptance by CATEQUIP SAS, notably taking the form of an order acknowledgement. When a quote is issued by CATEQUIP SAS, it constitutes special conditions modifying or supplementing the GTC. The tacit or formal acceptance of a quote by the Client implies the necessary acceptance of the GTC.
The Products to be supplied by CATEQUIP SAS are exactly and exhaustively those mentioned either on the quote issued by CATEQUIP SAS and accepted by the Client, or on the order acknowledgements from CATEQUIP SAS.
Any order confirmed by CATEQUIP SAS may no longer be modified (no change in quantity, no addition of products, etc.). Any request for modification must be the subject of a new order.
3-PRICE:
The applicable rates (hereinafter the "Rates") for the Products are those in force on the day the order is placed or those appearing on the accepted quote.
All Rates are indicated in Euros, exclusive of any tax, duty, or levy, current or future, Ex Works (from our warehouses), and are net of any discount.
Each order must be for an amount equal to or greater than one hundred and fifty (150) Euros excluding tax to be processed by CATEQUIP SAS. Consequently, CATEQUIP SAS may refuse any order for a lower amount without needing to inform the Client.
FREE shipping and handling (Carriage Paid) for any shipment with a minimum amount of 700 Euros excluding tax; for any shipment below this amount, the costs of packaging, order processing, and shipping are the responsibility of the Client.
4-SHIPPING AND DELIVERIES:
All risks, particularly of loss or damage to Products, as well as any damage they might cause, are transferred to the Client at the moment of their shipment from the factories or warehouse of CATEQUIP SAS.
The Client must perform all checks before signing off with the carrier. In the event of missing items or damage, the Client must notify the carrier by registered letter with acknowledgement of receipt within a maximum period of 48 hours following delivery, to make all useful reservations. Reservations must be noted on the consignment note (waybill) in the presence of the carrier. In the event of a recognized defective delivery, the liability of CATEQUIP SAS is strictly limited to the replacement of the ordered Product or an equivalent Product if production of the concerned Product has stopped, excluding any costs or indemnities.
Delivery times are given for information purposes only and without commitment from CATEQUIP SAS that they can be met. Failure to meet these deadlines cannot result in order cancellation or the allocation of indemnities, nor give rise to damages of any kind, particularly for loss of use.
CATEQUIP SAS is notably released from any obligation in the event of the occurrence of a fortuitous event or force majeure preventing either the manufacture, shipment, or importation of the Products into France.
To be valid, any claim must be addressed to CATEQUIP SAS within EIGHT (8) days following the receipt of the Products. In the case of direct delivery to the user carried out on behalf of the Client, the Client remains responsible for the proper receipt of the goods and the potential formulation of reservations to the carrier. In the event of non-compliance with this procedure, CATEQUIP SAS cannot be held responsible for any damage occurring during transport.
5-PACKAGING:
Packaging, when invoiced, is not taken back, unless otherwise specified in the quote.
6-RETENTION OF TITLE CLAUSE:
The goods remain the property of CATEQUIP SAS until full payment of their price in principal and accessories (Law No. 80-335 of May 12, 1980).
The handing over of a title creating an obligation to pay (draft or others) does not constitute a payment within the meaning of this clause. Failure to pay any of the installments by the agreed date may result in the reclamation of the Products by CATEQUIP SAS.
The pledging or use as collateral of Products subject to this retention of title is formally forbidden to the Client. The Client is obliged to notify CATEQUIP SAS, on the same day (and at the latest the following business day) and by registered letter, of any protest, any order to pay, any seizure, and generally any event capable of infringing in any way upon the property rights of CATEQUIP SAS regarding the Product(s), which must remain its unseizable property. The Client is authorized, within the framework of the normal operation of its establishment, to resell the delivered Products. In the event of resale, transformation, and in the case where the Product no longer exists in kind, the Client undertakes to immediately settle the balance of the sale price due to CATEQUIP SAS.
7-LIABILITY:
The liability of CATEQUIP SAS can never be engaged in the event of damage to the Client resulting from events of force majeure:
- natural disasters, floods, storms, epidemics, explosions, unrest or riots, civil commotion, strikes, military occupations, hostilities, civil or foreign wars, requisitions, machinery breakdown, power failure, theft, fire, flooding, and generally all fortuitous events or causes not resulting from a fault of CATEQUIP SAS at the origin of the damage.
CATEQUIP SAS cannot be held liable towards the Client or third parties for any direct or indirect damages whatsoever (including notably loss of profit or loss of revenue), resulting from the failure or refusal to fulfill an order, any delivery delay, any error in the execution of an order, or any defects of the Products, as well as from any declarations, statements, illustrations, or specifications made by its subordinates or agents. CATEQUIP SAS cannot be held responsible for the violation of the rights of any third parties.
8-PAYMENT CONDITIONS - PENALTIES:
Payment for orders is only accepted in Euros. All invoices are payable without discount at the registered office of CATEQUIP SAS, within 30 days from the invoice issue date. First orders are payable in advance or by cash on delivery.
Any other mode of payment can only occur after the opening of a client account, which requires a copy of the extract from the Trade and Companies Register (KBIS extract), trade and bank references, and bank details (RIB) compliant with the international IBAN standard to facilitate payments.
Any late payment, whatever the cause, will be subject, without any other formality and as of right, to supplementary invoicing of a fixed recovery indemnity of €40. This is in addition to existing penalties for any professional in a situation of late payment.
A bill of exchange, if subject to acceptance, must be accepted upon presentation or at the latest within 48 hours of its presentation. Payment of drafts cannot be refused or deferred for any reason whatsoever.
In the event of agreement by CATEQUIP SAS for payment by documentary credit, this must be irrevocable and confirmed by a top-tier French bank.
Failure to pay an installment results, as of right and without any other formality or formal notice, in the termination of the Contract, the immediate exigibility of the entire debt including sums not yet due, as well as the suspension of shipments of current orders, even if the latter have been confirmed by CATEQUIP SAS. CATEQUIP SAS also reserves the right to take back the Products delivered to the Client without other formality.
9-RETURNS:
Any return of Products can only be effected after the written agreement of CATEQUIP SAS, at the Client's expense. CATEQUIP SAS will issue a credit note to the Client corresponding to the invoiced value of the Products (excluding packaging, order processing, and shipping costs) reduced by an amount of 10% of this value, as reimbursement for restocking costs. This amount can in no case be less than 20 Euros excluding tax.
10- GENERAL WARRANTY:
CATEQUIP SAS warrants the Products against defects covered by the legal warranty against latent defects arising from a defect in material, design, or manufacturing affecting the delivered Products and rendering them unfit for use. This warranty is strictly limited to the free replacement of any part or Product recognized as defective by CATEQUIP SAS.
CATEQUIP SAS may, for certain Products, grant specific warranty conditions under a commercial warranty, the modalities of which are decided on a case-by-case basis.
Excluded from the warranty are defects and deterioration caused by a transport problem of the Product (shock, etc.), unsuitable installation or assembly, non-compliant or abnormal use, non-respect of usage directives, natural wear and tear, defective maintenance, lack of supervision, poor electrical protection, or by any other circumstance harmful to the proper functioning of the Products (notably frost, lightning, or floods), or by a modification of the Product not provided for nor specified by CATEQUIP SAS.
Parts under warranty for which the Client requests replacement must be returned (date of dispatch) within eight days of the discovery of the defect for examination by CATEQUIP SAS, allowing it to usefully exercise any recourse against its own supplier. In any event, the return of said parts by the Client must occur before the expiration of this period.
11- PERSONAL DATA:
CATEQUIP SAS declares and guarantees to respect and fulfill all obligations incumbent upon it under European and/or international regulations regarding the protection of personal data and/or national transposition regulations, including, in France, the Law of 1978 applicable to personal data and Regulation 2016/679 (GDPR), which it may be required to process within the framework of the execution of the Contract.
CATEQUIP SAS will only keep the collected data to ensure Product deliveries and with a view to proposing commercial offers, for a duration of 2 years. CATEQUIP SAS undertakes to take all useful precautions to preserve the security of the data, and notably to prevent it from being distorted, damaged, or accessed by unauthorized third parties.
12- JURISDICTION:
In the event of a dispute of any nature whatsoever, the applicable law is French law and the competent courts are those of the registered office of the company CATEQUIP SAS; these courts shall have sole jurisdiction even in the event of multiple defendants or third-party claims (impleader). This attribution of jurisdiction is accepted without any restriction or reservation by the Client. The company CATEQUIP SAS and the Client will attempt to amicably resolve any dispute prior to any judicial proceeding.
SAS CATEQUIP – September 2025
www.catequip.com
