No particular format is required to draw up a sales contract. However, it is advisable to confirm it in writing before executing it. If no objection is made promptly, written confirmation is deemed to have been accepted.
Any subsequent changes (on the invoice or delivery note) are invalid, except for the final bulletin or confirmation letter, unless they are immediately contested in writing.
Loading and shipping
Goods must be loaded and shipped correctly. Transport risks are borne by the buyer, but the seller is liable for damage caused by incorrect loading or shipment.
Payment and ownership of goods
Payment must be made within 15 days of receipt of goods and invoice, unless otherwise agreed. If payment is overdue, a 7% collection charge may be applied. The seller may suspend deliveries until payment has been received.
The goods remain the property of the seller until they have been paid for in full. If the buyer resells the goods, he assigns to the seller the receivables obtained from this resale to cover what he owes.
Place of performance and place of jurisdiction
The place of fulfilment of the contractual obligations and the competent court in the event of a dispute is Strasbourg. The applicable law is that of the French Republic.
Claims
If acceptance of the goods has been agreed at the outset, visible defects must be reported at the time of receipt.
If the goods have not been inspected on departure, the purchaser must examine them on arrival and report any defects immediately.
Defects visible before unloading must be reported prior to unloading.
If defects appear only during unloading, they must be reported immediately. All unloaded goods must be paid for in full, unless they are unloaded for inspection only.
For perishable goods, the claim must be made within 4 hours, and for other goods, within 10 hours of receipt or availability of the shipment.
In the event of delay due to the carrier, a survey may be requested to assess whether the deterioration has been aggravated. If the buyer does not assert his rights against the carrier, he must inform the seller.
If a package is damaged, the goods must remain in their original packaging to validate the claim.
Hidden defects not detected during the initial inspection must be reported as soon as they are discovered. Reasonable steps must be taken to identify such defects promptly.
The claim must include :
A detailed description of the fault.
The number of the logistics vehicle used.
The place of departure.
Any information proving that the goods delivered are the goods complained of.
Expertise
If no amicable solution is found following a claim, an expert appointed by a competent authority must draw up a report.
The seller must be informed of the time of the appraisal. Both parties may attend the appraisal, but may not interfere with its progress.
The costs of the expert appraisal are borne by the seller if the claim is justified, and by the buyer if it is not.
If a party is unable to attend the expert appraisal, the report must be forwarded immediately.