These general conditions of sale govern all sales of products made by TOYO INK EUROPE SPECIALTY CHEMICALS, simplified joint stock company with share capital of 26,017,866 euros registered in the RCS of Rouen under the number B 389 316 191, whose head office is located at Boulevard Dambourney, CS 90051, in Oissel (76350), to any professional client (hereinafter the “client”).
They apply regardless of the contrary clauses that may appear on orders that have not been previously negotiated and expressly accepted in writing by TOYO INK EUROPE SPECIALTY CHEMICALS.
Any order to be valid, must be sent by the customer to TOYO INK EUROPE SPECIALTY CHEMICALS by email.
Any order implies unreserved acceptance of these general conditions of sale, and this regardless of the contrary clauses that may appear on orders, unless they have been expressly accepted by the customer by TOYO INK EUROPE SPECIALTY CHEMICALS. Any order will be considered definitively accepted if TOYO INK EUROPE SPECIALTY CHEMICALS has not served a total or partial refusal in writing within eight days of receipt of the order
The prices communicated to the customer are established on the basis of the exchange rate in force at the time of their communication to the customer.
Any variation of these exchange rates or the price of raw materials by more than 5% between the communication of the price and the validation of the order can have an impact on our prices which will then have to be revised.
Unless otherwise agreed by the parties, the invoiced prices are those applicable on the day of shipment of the products.
Invoices are issued on the date of shipment of the products. The applicable payment period runs from the date of issue of the invoice.
Unless otherwise stipulated in the sales conditions indicated on the invoice, invoices are payable by check or by bank transfer to TOYO INK EUROPE SPECIALTY CHEMICALS.
TOYO INK EUROPE SPECIALTY CHEMICALS does not grant any discount for early payment.
In case of late payment, a penalty will be automatically due by the customer and this from the due date indicated on the invoice, without any prior notice is required. It will be calculated on the basis of a rate equal to three times the legal rate in force.
In addition, the customer will be automatically liable for a fixed compensation for recovery costs equal to 40 euros. If the collection costs incurred exceed the amount of this lump sum compensation, TOYO INK EUROPE SPECIALTY CHEMICALS may request additional compensation from the customer, upon justification.
In the event of a payment incident, delay or non-payment, TOYO INK EUROPE SPECIALTY CHEMICALS will be entitled to refuse to accept either an order in progress or new orders from the buyer and to require payment of all debts arising subsequently and not yet due.
In the event of death or incapacity, dissolution or modification of the debtor company, sale, contribution or transfer of any business, the customer undertakes to inform in advance TOYO INK EUROPE SPECIALTY CHEMICALS by registered letter with acknowledgment of receipt with a notice of three (3) months. TOYO INK EUROPE SPECIALTY CHEMICALS will then have the possibility, within one month of receipt of such information, to terminate the current contract, without prejudice to any damages, by registered letter with acknowledgment of receipt .
In the event of reorganization or liquidation, orders in process may be canceled by TOYO INK EUROPE SPECIALTY CHEMICALS, in compliance with applicable legal provisions.
If the products have been delivered and remain unpaid, TOYO INK EUROPE SPECIALTY CHEMICALS reserves the right to claim the products in accordance with the provisions of these general conditions of sale.
The transfer of risks to the customer takes place Ex Works, in accordance with the rules defined in the incoterms of the International Chamber of Commerce (ICC 2010), except express written agreement between the parties.
The responsibility of TOYO INK EUROPE SPECIALTY CHEMICALS does not in any way replace that of the carriers / agents / transport agents to whom we entrust our transport (articles L. 133-3 and L. 133-4 of the Commercial Code and article 30 of the CMR for international transport).
In case of non-compliant supplies by TOYO INK EUROPE SPECIALTY CHEMICALS, our obligation is limited to the replacement of products to the exclusion of all damages and interest. For any recovery of non-compliant products, TOYO INK EUROPE SPECIALTY CHEMICALS will give its customers the instructions for their return.
To be admissible, any claim must reach TOYO INK EUROPE SPECIALTY CHEMICALS by registered letter with acknowledgment of receipt, within 15 days of receipt of the products.
TOYO INK EUROPE SPECIALTY CHEMICALS SHALL RETAIN THE PROPERTY OF THE PRODUCTS SOLD UNTIL THE EFFECTIVE PAYMENT OF THE ENTIRE PRICE.
IN THE EVENT OF NON-COMPLIANCE BY THE CUSTOMER OF ONE OR MORE TIMES OF PAYMENT, WE MAY REQUIRE, BY LETTER RECOMMENDED WITH ACCOUNT OF RECEIPT, THE RETURN OF THE PRODUCTS TO THE COSTS OF THE CUSTOMER AND THE SALE WILL BE THEN RESOLVED OF FULL RIGHT.
THESE PROVISIONS DO NOT PREVENT CUSTOMER TRANSFER, DELIVERY, RISK OF LOSS AND DETERIORATION OF THE PRODUCTS DELIVERED.
Our products are of quality conforming to the specifications submitted and accepted by the customer. We can not guarantee the suitability of these products for a purpose other than the one we recommend and therefore we can not be held responsible for the consequences of misuse or non-compliance with caution and use. The customer must therefore make sure of the compatibility of the product with the use he wants to make.
Our products are labelled in accordance with the regulations in force for the handling and transport of dangerous goods, and the acceptance of a delivery implies on the part of our customers the knowledge and the respect of this regulation.
The contractual obligations of TOYO INK EUROPE SPECIALTY CHEMICALS will be automatically suspended and its responsibility can not be engaged in case of occurrence of an event of force majeure, such as, in a non-restrictive way: strike of means of transport, lock-up out, accidents in our workshops or at our suppliers, wars, fires, floods, climatic hazards. TOYO INK EUROPE SPECIALTY CHEMICALS undertakes to inform the customer of the occurrence of such an event and of the consequences for the performance of its obligations, by any means as soon as possible.
FRENCH LAW REGULATES OUR SALES. IN THE EVENT OF A DISPUTE, JURISDICTION SHALL BE ASSIGNED TO THE TRIBUNAL OF COMMERCE SENLIS (60) WHICH WILL BE COMPETENT ALONE, EVEN IN THE CASE OF A GUARANTEE OR A PLURALITY OF DEFENDERS.