TERMS OF PURCHASE
ARTICLE 1 – ACCEPTANCE OF THE GENERAL CONDITIONS
These terms of purchase (TOP) apply to any order for goods or to the provision of services made by TECHNOMARK if they appear on the order form. By accepting an order from us, the supplier accepts without reservation, by the same token, these general terms of purchase.
ARTICLE 2 – ORDER
Only our purchase order document drawn up by authorized persons will be binding on TECHNOMARK. The supplier or subcontractor must return us a signed order acknowledgement confirming the price and deadlines by fax, mail, or email within 48 to 72 hours. After this period, the order is considered accepted by the Supplier in all the special conditions. After this period, TECHNOMARK reserves the right to cancel it without giving the Supplier or Subcontractor the right to any compensation.
ARTICLE 3 – MODIFICATION OF THE ORDER
After sending the order, TECHNOMARK reserves the right to modify the quantities and/or specifications. TECHNOMARK must inform the supplier or Subcontractor in writing. The latter must make known his acceptance or refusal within two calendar days of receiving the information. If no response is received within this period, the supplier will be deemed to have accepted the changes.
ARTICLE 4 – PRICE
We do not accept any reservations or price changes unless they have been expressly accepted in writing by TECHNOMARK. Prices are understood to be carriage and packaging paid.
ARTICLE 5 – DEADLINE
In the event of a delay in one of the contractual deadlines set out in the order and validated by both parties, the Supplier will pay penalties equal to 0.5% per working day of the late batch of goods, after one working week. The amount of these penalties is limited to 5% of the price of the late batch of goods. TECHNOMARK reserves the right to modify the delivery dates and delivery quantities per month of scheduled orders (in accordance with the quantity requested) of all or part of the goods, subject to three weeks’ notice. For early deliveries earlier than requested and without an agreement accepted in writing by TECHNOMARK, the latter reserves the right to return the goods to the seller at its expense or to withhold payment until the applicable contractual date.
ARTICLE 6 – TRANSPORT/SHIPPING
Unless agreed in writing, the supplier will bear the costs related to the transport and packaging of the goods until acceptance of the goods by TECHNOMARK or any subcontractor appointed by TECHNOMARK. The goods must be perfectly packed by the supplier such that they do not suffer any deterioration during transport and storage. The supplier is required to enclose with the shipment in a sleeve stuck on an external face of the packaging, a delivery note in duplicate, indicating: the quantity, the description, the product reference, and the order number. Surplus goods may be returned to the supplier at their own risk and expense.
ARTICLE 7 – PAYMENT
Our payments are made after receipt and acceptance of the goods. Invoices must be dated the month of receipt of the order at TECHNOMARK and must include all the information provided for in the Commercial Code. Settlement takes place 45 days end of month unless otherwise negotiated between the parties.
ARTICLE 8 – INTELLECTUAL PROPERTY AND MATERIALS
May not be reproduced in whole or in part, nor communicated to third parties without their authorization:
– the drawings, plans and specifications provided by TECHNOMARK for the execution of orders. These documents must be returned to TECHNOMARK at the first request, without having been copied. They can only be used for the manufacture of parts or assemblies ordered by TECHNOMARK and can only be destroyed with its agreement.
– Moulds, tools, models, and other prototypes made in whole or in part from TECHNOMARK specifications. The tools and moulds must be marked as the exclusive property of TECHNOMARK. They can only be destroyed with the agreement of TECHNOMARK.
ARTICLE 9 – GRPD LAW: GENERAL RULES FOR THE PROTECTION OF PERSONAL DATA
TECHNOMARK applies Law 2016/679/EU relating to the GRPD and is therefore likely to collect personal data about you when processing your orders. This processing is systematically carried out as part of the execution of a contract. The recipients of your personal data are the departments in charge of marketing, promotion, and sales administration. We keep this data for the duration of the contract, then for statistical and archiving purposes. In accordance with the applicable regulations on the protection of personal data, you have a right of access, rectification, opposition, limitation of processing, erasure and portability of your data which you can exercise by email to the address firstname.lastname@example.org ; or by mail to the address: 1 Allée du Développement, 42350 La Talaudière specifying your last name, first name, address and attaching a copy of both sides of your identity document. In the event of non-response from TECHNOMARK within a legal period of one month, you can file a complaint with the CNIL or any other competent authority.
ARTICLE 10 – QUALITY AND SUPERVISION
The supplier is responsible for the quality of the products and/or services and sets up an appropriate quality control and management system.
TECHNOMARK reserves the right to require from the supplier the establishment, before each shipment, of a control sheet of the goods in accordance with TECHNOMARK’s requirements (e.g.: measurement survey, dimensional control, etc.). The delivered goods must comply with the specifications, plans, and all documents defining the goods ordered which have been made available to the supplier. No technical modification, even minor, should be made without the written consent of TECHNOMARK. In particular, the supplier must notify us of any transfer of manufacturing, the use of new tools or a new process.
We reserve the right to delegate a representative of TECHNOMARK to monitor the execution of our order as part of the order or to carry out sampling. Free access during working hours and to all facilities to fully fulfil its mission must be guaranteed.
ARTICLE 11 – GUARANTEES, CLAIMS AND RESPONSIBILITY
The supplier guarantees TECHNOMARK that the goods delivered, or service performed comply with the order placed, with the specifications and are free from any defect (hidden or apparent) or fault.
In the event of non-conformity or defect, TECHNOMARK will have the possibility:
- To cancel the order and obtain a refund if necessary
- To request the free replacement of the product by a compliant product
- To request repair of the defect at the expense of the supplier
- To make an exceptional exemption for minor defect
Unless otherwise provided in the order, the warranty period is twenty-four (24) months from receipt of the products. Any part replaced, repaired, or corrected will be subject to a new warranty period of 24 months from the date of replacement, repair, or correction.
ARTICLE 12 – ASSIGNMENT TRANSFER SUBCONTRACTING
The supplier may not subcontract, assign, or transfer all or part of an order to third parties or change the manufacturer or subcontractor without the prior written authorization of TECHNOMARK. In the event of a change in direct or indirect control of the supplier or transfer of assets contributing to the performance of its obligations that could cause prejudice to TECHNOMARK, the latter must first seek the express agreement of TECHNOMARK to continue their commercial relationship. In the absence of such an agreement, TECHNOMARK reserves the right to terminate the contract and/or the order from the completion of the operation without the supplier being able to claim the payment of any compensation.
ARTICLE 13 – ENVIRONMENT
The products must comply with the laws, regulations, and standards in force in the European Union in terms of environmental protection. When designing the product and its packaging and/or choosing materials, the supplier undertakes to take all necessary or useful measures to meet legal or regulatory requirements for environmental protection.
ARTICLE 14 – CONFIDENTIALITY
The supplier undertakes for itself, its staff, and its subcontractors for which it responds to ensure the strict confidentiality of all information concerning us, which it may have collected in the context of its relations with TECHNOMARK. If the supplier has a confidentiality agreement, they should refer to it. In no case and in any form, orders may give rise to direct or indirect advertising to third parties without the prior written consent of TECHNOMARK. In the event of violation of this clause, TECHNOMARK may terminate the order(s) in progress.
ARTICLE 15 – INSURANCE
The supplier is bound to TECHNOMARK, in his capacity as specialist and man of the art, of the obligation of advice and information. The supplier acknowledges being insured against all risks that may arise in connection with this order.
ARTICLE 16 – APPLICABLE LAW
The general conditions of purchase are subject to French law.
ARTICLE 17 – DISPUTES
For all disputes concerning these, the parties give jurisdiction to the Commercial Court of Saint Etienne (Loire), even in the event of multiple defendants or call in warranty.