1°/ GENERAL FEATURES: These conditions govern the sale of products between EIHF ISOFROID and the buyer. Any deviation from these conditions must be the subject of a specific express written agreement. Any order or acceptance of our offers implies that the buyer accepts these conditions and waives his own general terms and conditions of purchase. The buyer acknowledges that he has been informed of the characteristics of EIHF ISOFROID products and that he is fully responsible for checking the compatibility of the products purchased, in particular with regard to the regulations in force, with the use for which they are intended.

2°/ ORDERS: Orders, including those placed by EIHF ISOFROID sales representatives or agents, become final only after a written acknowledgement of receipt has been sent, however, if the order is not expressly accepted within 15 days of receipt, it will be considered final. All documents, catalogues, leaflets, technical or other specifications are provided for information purposes only and do not commit EIHF ISOFROID. EIHF ISOFROID always reserves the right to make any modification of provisions, shapes, dimensions, weights and materials to its materials whose engravings and descriptions appear on these documents. Any order whose amount is less than the minimum amount defined in our prices is sent against refund and gives rise to the invoicing of a lump sum to cover our administrative costs. Any order must be the subject of a written order from the buyer. It must accurately mention the specification of the material with all necessary details, method and place of shipment, delivery time, etc. Incomplete and incorrect information could lead to errors in execution, which could not be attributed to the seller. The confirmation of an order is acknowledged by an acknowledgement of receipt. The acknowledgement of receipt of the order, which confirms the seller’s acceptance, stipulates the conditions of execution: specification of the material, price, conditions, delivery time, mode of transport, place of dispatch, payment. It is recommended that the buyer carefully check this acknowledgement of receipt and report any possible errors within 48 hours of receipt, as no dispute can be accepted later. An order accepted by the seller may always be cancelled by the latter in the following cases and without compensation: stoppage of production by EIHF ISOFROID for any reason whatsoever or change in the buyer’s solvency. In these cases, any payments made are simply refunded.

3°/ PRICES: The prices indicated in our price lists are exclusive of taxes and are subject to change without notice. Rates are only communicated at the request of the customer, who is responsible for ensuring before placing an order that the rate he holds constitutes the latest edition. Invoices are issued at the rate in effect on the day the sale is concluded.

4°/ PACKAGING – TRANSPORT – RISKS: Specific packaging such as containers, maritime packaging etc. are invoiced in addition and are not taken back. The equipment is deemed to have been delivered to our stores. Delivery takes place by direct delivery of the products to the buyer or to a carrier designated by us on behalf of the buyer or by the buyer himself. As from this delivery, the risks are transferred to the buyer. Consequently, the products travel at the buyer’s risk, even if we take care of shipping at our own expense. The buyer undertakes to insure the transported products at his own expense and on our behalf, the insurance policy designating us as the insured beneficiary. It is the responsibility of the buyer, as recipient, to give discharge only to the last carrier after ensuring that the products have been returned to him in good condition. Otherwise, reasoned and precise reservations will be mentioned on the transport document, and a registered letter with acknowledgement of receipt confirming these reservations must be sent to the carrier within the legal time limit currently set at three days.
Any reservation or dispute relating to the quality, quantities, references and conformity of the products must be mentioned by the buyer by registered letter with acknowledgement of receipt within 15 days of delivery of the products by the carrier. The buyer must prove the existence of defects or anomalies concerning the products. If these conditions are not respected, the products will be considered compliant and the responsibility of EIHF ISOFROID cannot be held liable.

5°/ DELIVERY TIMES: Delivery times are given for information only. A delay in delivery does not give the buyer the right to cancel the order or to claim compensation for direct or indirect damage caused by the delay.

6°/ TERMS OF PAYMENT: Unless otherwise agreed, invoices are payable at 30 days at the end of the month, by accepted and domiciled draft. Bills of exchange must be returned to the address indicated, duly accepted, within ten days of their issue. If payment is made earlier than the date provided for in the general terms and conditions of sale, a discount will be calculated on the basis of the average monthly money market rate for the month preceding settlement. Failure to return our duly accepted bills of exchange within the period stipulated above, or non-payment of a single invoice or bill of exchange on its due date, shall render all our claims against the buyer not yet due immediately payable, without prior formal notice. In the event of a payment incident, or the opening of bankruptcy or liquidation proceedings against the buyer, EIHF ISOFROID reserves the right to withhold unpaid products not actually delivered to the buyer. When payment is made after the due date indicated on the invoice, late payment penalties will be applied, without prejudice to damages. Payment is deemed to have been made when the funds are made available to EIHF ISOFROID. Penalties whose rate is set at one and a half times the legal interest rate in force will be payable after sending a prior formal notice. In the absence of references deemed satisfactory, we reserve the right to request at any time during the performance of the contract, either cash payment on order or the payment guarantees we consider necessary (bank guarantees, among others). If we do not obtain them, we reserve the right to immediately cancel all or part of the contract to be performed. We reserve the right, at any time, depending on our assessment of the risks involved and the guarantees offered, to set or reduce the overdraft limit granted to a buyer and to modify his payment terms. In the event of a payment incident, the parties agree that their reciprocal claims for sums of money will automatically and informally offset each other, regardless of whether or not the conditions for legal set-off are met.

7°/ WARRANTY: EIHF ISOFROID is bound by the legal guarantee in the event of defects or hidden defects in the products sold, in accordance with articles 1641 to 1649 of the Civil Code. For the implementation of this guarantee, defects must be reported within two months of their disclosure. Our products are guaranteed for a period of twelve months from the date of delivery. The warranty consists exclusively in the replacement of the product found defective by our services. The costs of shipping, dismantling and assembly are at the buyer’s expense. Replacement of parts does not extend the warranty period.
The warranty applies only to the extent that the equipment is operated and maintained in accordance with the conditions set out in the instructions for use of the Syndicat National de l’isolation. It does not apply in the event of damage, accident due to negligence, lack of supervision or maintenance. No warranty is due when our products are used for purposes unrelated to the purpose for which they were manufactured. Replacement products shipped by the buyer under warranty will be charged at the price in effect on the date of shipment. A credit note of the same amount will be issued if the returned product is found to be defective after examination by us.

8°/ CASE OF FORCE MAJEURE: EIHF ISOFROID reserves the right to suspend or terminate all or part of the sale in the event of force majeure or fortuitous events such as: embargo, shortage of raw materials, theft, sabotage, machine breakdown, natural disaster, strike, lockout, acts of government, modification of the regulations applicable to these General Terms and Conditions of Sale or to products operating in the EIHF ISOFROID factory, in the industries and service providers on which EIHF ISOFROI depends, and likely to reduce or stop the manufacture or transport of its products.

9°/ INTELLECTUAL AND INDUSTRIAL PROPERTY: The buyer has no intellectual and industrial property rights over the products, EIHF ISOFROID remaining the exclusive owner of all these rights. Any use, in any way whatsoever, by the buyer of the EIHF ISOFROID brand or any other brand belonging to EIHF ISOFROID is strictly prohibited, unless expressly agreed in advance by EIHF ISOFROID. The contractual products delivered may only be marketed under the EIHF ISOFROID brand or any other brand owned by EIHF ISOFROID, to the exclusion of any brand or distinctive sign owned by the buyer or any other person. In the event that the products are reconditioned by the buyer, the latter undertakes to mention clearly and in compliance with the instructions of EIHF ISOFROID, the EIHF ISOFROID brand and the distinctive signs indicated by EIHF ISOFROID on the packaging and/or packaging of the contractual products delivered. To do this, the buyer will request the prior agreement of EIHF ISOFROID as soon as possible on the methods of affixing the trademark and distinctive signs on the packaging and/or packaging. The buyer shall inform EIHF ISOFROID, as soon as it has become aware of any legal action brought against it in matters of intellectual and industrial property, concerning EIHF ISOFROID’s products, and shall not take any action without having expressly referred to EIHF ISOFROID. The latter alone has the right to direct the proceedings and to decide on any action to be taken in respect of the property, both in respect of the property and in respect of the courts and third parties involved in the case.

10°/ RESOLUTION: In the event of non-payment on the due date, we reserve the right to terminate the sale automatically five days after a formal notice by registered letter not followed by effect, and to repossess the product, without prejudice to all other damages. In the case of a contract with successive performance, the request for cancellation of deliveries by the buyer allows us, if we deem it appropriate to terminate the contract, after formal notice to take delivery under the conditions provided for, sent to the buyer by registered letter with acknowledgement of receipt.

11°/ RESERVE OF OWNERSHIP: In accordance with the provisions of the law of 12 May 1980, the products sold remain the property of EIHF ISOFROID until full payment of the price of the products, the costs related to the sale and interest. We reserve the right to claim our products in the event of non-payment of a single due date, the buyer undertakes to return them to us, at his own expense on our first request. The repossession of products for EIHF ISOFROID is not exclusive of other legal proceedings that EIHF ISOFROID could exercise. The buyer shall refrain from pledging or transferring ownership as security until the price of our products has been paid in full. The buyer undertakes to take all necessary care of the custody and conservation of the equipment and to take out all insurance to cover damage and losses likely to be caused to and by the equipment. In the event that the goods are sold, the buyer undertakes to assign to the seller the price at which the goods are to be sold, the buyer undertakes to assign to the seller the purchase price as security for payment of the material and the supplier is hereby authorized to claim payment directly from the buyer’s customers. In the event of an amicable agreement with creditors, or in the event of bankruptcy, the opening of insolvency proceedings or the liquidation of property, the buyer must notify us without delay so that an inventory of our products can be drawn up immediately, if we wish. He must not sell our products, nor install them or have them installed unless expressly authorized by us. Products in stock at the buyer’s premises will be presumed to be those unpaid. In all cases where we would have to invoke the retention of title, the deposits received will remain definitively acquired.

12°/ JURIDICTION – APPLICABLE LAW: In the event of a dispute, only the Commercial Court of LYON (France) shall have jurisdiction, even in the event of summary proceedings, incidental claims, multiple proceedings or parties, or warranty claims.


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