GENERAL TERMS AND CONDITIONS OF SALE
PURPOSE AND SCOPE
These General Terms and Conditions of Sale apply to sales of equipment, software, inks, accessories and services offered by ALE to its professional customers.
Placing an order implies acceptance of these General Terms and Conditions of Sale, unless specific terms have been expressly accepted in writing by ALE.
In the event of any conflict, the specific terms set out in a quotation, offer or order confirmation shall prevail.
OFFERS AND ORDERS
ALE’s offers and quotations are valid for the period specified in them. If no period is specified, they remain valid for thirty days from their date of issue.
An order becomes final after written acceptance by ALE and, where applicable, receipt of the deposit.
Any modification requested by the customer must be accepted in writing and may result in a change to the price or delivery time.
APPLICATION ASSESSMENT
The customer shall provide ALE with all information required to assess the application, including the substrate, content to be printed, production speed, environment, orientation, mechanical constraints, software, protocols and expected result.
Where the result depends on the substrate or production conditions, a test on a representative sample may be requested.
Approval of a test does not guarantee an identical result if the substrate, ink, settings or conditions of use are subsequently changed.
PRICES
The applicable prices are those stated in the quotation or order confirmation.
Prices are stated exclusive of taxes and exclude transport, insurance, customs, installation and training costs, unless otherwise specified.
Applicable taxes and charges are added to the price in accordance with the regulations and agreed terms.
PAYMENT
Payment terms and due dates are specified in the quotation, order confirmation or invoice.
Unless otherwise agreed, payment must be made within thirty days of receipt of the goods or performance of the service.
Any late payment shall automatically result, from the day following the due date and without prior notice, in the application of penalties calculated at the European Central Bank refinancing rate plus ten percentage points. This rate may not be lower than three times the statutory interest rate.
A fixed recovery fee of €40 shall also be payable for each invoice paid late. Additional compensation may be claimed upon presentation of supporting documents when the recovery costs actually incurred exceed this amount.
DELIVERY TIMES AND DELIVERY
Announced delivery times are established on the basis of the information available when the order is placed. Unless otherwise agreed in writing, these times are indicative.
ALE shall inform the customer of any significant delay of which it becomes aware.
The transport, delivery, insurance and risk-transfer terms are those specified in the offer or order confirmation.
For international transactions, the Incoterm specified in the contractual documents shall apply.
RECEIPT AND CLAIMS
The customer shall check the condition, quantity and product references immediately upon receipt.
Any reservations relating to transport must be submitted to the carrier within the applicable time limits and reported to ALE.
Any other apparent non-conformity must be notified to ALE in writing, together with the relevant supporting evidence, within a reasonable period following delivery.
RETENTION OF TITLE
ALE retains ownership of the products sold until full payment of the price, taxes and related charges.
The customer undertakes to keep the products identifiable and insured until ownership has been transferred.
INSTALLATION AND USE
The customer must comply with the manuals, safety instructions, installation conditions, maintenance procedures and recommendations provided by ALE.
The customer shall ensure that its personnel and system integrators have the necessary skills.
The consumables, parts and settings used must be compatible with the equipment and application. Any unauthorised modification may affect performance and warranties.
WARRANTIES
The products benefit from the warranties specified in the offer, documentation or order confirmation.
The warranty covers defects recognised by ALE under the applicable contractual conditions.
In particular, the warranty excludes damage resulting from improper installation, an accident, improper use, lack of maintenance, an incompatible consumable, an unauthorised modification or normal wear and tear.
SOFTWARE AND INTELLECTUAL PROPERTY
Software, documentation, plans, studies, drawings, processes, trademarks and expertise remain the property of their respective owner. Their supply does not result in any transfer of intellectual property rights.
Software is provided under the rights of use and any licence terms communicated to the customer.
It may not be copied, modified, transferred or used beyond the scope of those rights.
LIABILITY
ALE shall be liable for direct damage attributable to it, within the limits permitted by law.
Unless otherwise required by mandatory law, ALE shall not be liable for indirect losses such as loss of production, loss of business, loss of data, loss of profit or damage to reputation.
Except in cases of gross negligence, wilful misconduct, personal injury or liability that cannot legally be limited, ALE’s total liability shall be limited to the amount excluding taxes paid under the order giving rise to the damage.
FORCE MAJEURE
Neither party shall be held liable for a failure caused by an event beyond its reasonable control that meets the legal requirements for force majeure.
The affected party shall inform the other party as soon as possible.
PERSONAL DATA
Professional data required to manage offers, orders and commercial relationships is processed in accordance with ALE’s Privacy Policy.
GOVERNING LAW AND DISPUTES
These General Terms and Conditions of Sale are governed by French law.
In the event of a dispute, the parties shall endeavour to reach an amicable solution.
If no amicable agreement can be reached and the customer is acting as a trader, the courts within the jurisdiction of ALE’s registered office shall have exclusive jurisdiction, including in cases involving multiple defendants or third-party proceedings, subject to any applicable mandatory rules.
GENERAL PROVISIONS
If any provision is declared unenforceable, the remaining provisions shall remain in force.
ALE’s failure to exercise a right immediately shall not constitute a waiver of that right.
In the event of any discrepancy in interpretation between the French version and a translation, the French version shall prevail, unless otherwise agreed in writing.