Monnet

Overarching clause

A client company placing an order with Monnet is deemed to accept and comply with Monnet’s standard form contract’s terms and conditions, regardless of any provision to the contrary in the client’s own purchasing standard form contract. Such provision will be deemed waivered. Any exemption from or amendment to the terms and conditions here below will have to be granted the client company in writing by Monnet.

2 – ORDER APPROVAL

Orders placed with Monnet over the telephone, verbally or by any other means legally bind the client company. Orders are approved by Monnet for further processing upon issuance of an official confirmation by Monnet. Orders must be signed by the client company and sent together with the client’s IBAN details and information required for the drafting of LCs.

2bis – CANCELLATION OF AN ORDER

Any cancellation of a Monnet-confirmed order by a client will make the client liable to pay a penalty equal to 30% of the monetary value of the cancelled order.

3 -  DELIVERY

Lead-times to delivery indicated by Monnet are non-committal. Delayed deliveries may not be submitted as grounds for the cancellation of the order by the client, the rejection of produced goods or damages.

Goods are delivered on CIF basis but the shipment is billed to the client company as a separate item on the invoice. Packaging is paid for by Monnet. Please, refer to going rate tables.

Even though goods are delivered on CIF basis, the client company bears the risk of goods being damaged or lost. In any such case, the consignee should file a claim with the transport company by sending registered mail as follows:

In case of qualified acceptance of the goods, reservations should be specified with utmost accuracy on the delivery slip with the transport company’s approval of them.

The claim should be filed by registered mail with acknowledgment of receipt. The letter should be sent to the transport company within three working days from the date of delivery. A copy of the letter should be sent to our Logistics Department Manager. After the letter is sent, the damaged goods are to be kept at the transport company’s officer’ disposal or at the claim adjuster’s disposal.

Regardless of the nature of the claim, goods must not be shipped back to Monnet unless Monnet has notified its approval, as that may cause a settlement more difficult to come to.

4 - PAYMENT

UNIT PRICE OR PRICE PER PAIL VAT not included. Prices are going list prices at the time of delivery.

Terms of payment : upon receipt of invoice by the client company. Upon acceptance by Monnet, a 45 day Bill of Exchange, payment to be effected on the last day of the month for invoices above 150 Euros VAT not included.

Any delayed payment of an invoice or part of an invoice may cause to the client company to become liable to pay the total amount of pending invoices 8 days upon receipt of a registered dunning mail, whether or not bills of exchange have been issued. Monnet reserves the right to hold the fulfillment of pending orders or not to fulfill them at all. In that situation, the client company waivers its right to take any legal action whatsoever.

The client company will incur a 1.5% monthly interest on delayed payments, in addition to processing charges and a lump 15% penalty on sums owed (including interest and processing charges) , as damages.

Unless Monnet agrees to anything different in writing, sales are deemed to have been closed between Monnet and its clients in Montceau les Mines, France. All claims, including those relevant to terms of payment should be filed exclusively with the Commercial Court of Chalon sur Saone, France.

By placing of an order for Monnet products, a client company is deemed to have relinquished any provision on its own standard form contracts or documents should such provision challenge any part of Monnet’s standard form contract.

5 – RETURNED GOODS

Goods may not be shipped back to Monnet without Monnet’s consent. Such consent will be manifested by a retured goods slip sent by Monnet to the client company. The slip will be pasted on the packaging containing the goods returned.

The client company will shoulder the cost of shipping the goods back to Monnet.

RESERVES – Ownership of goods : the supplier holds title to the goods until payment of such good sis effected in full. Deposits and down payments effected by the client company will be withheld by the supplier as damages.

Monnet goods are sold ex-factory and travel thence at the consignee’s risk. Orders are deemed to have been placed in Montceau les Mines and payments will be effected accordingly in Montceau les Mines. Should payments be delayes, the supplier reserves the right to charge interest and incurred bank charges as specified here above and in addition interest as specified in the standard form contracts of the Fédération Française de la Bonneterie (French Association of Industrial Hosiers). Legal actions may be taken exclusively at the Commercial Court of Chalon sur Saone.