1. General Scope
These general terms and conditions of sales pre-
communicated 30 days before their application aim at
defining the contractual relations between IEC
ELECTRONIQUE SAM, a limited liability public company,
located 3 rue de l’industrie, 98000 Monaco (Principality of
Monaco) with a share capital of 220.000 euros, registered at
the “registre du Commerce et de l’Industrie de Monaco”
under the following number n°65S01129 (« IEC ») and its
client(s). Any order made by a client implies its total
adhesion to this General Terms and Conditions of Sales
agreement, these General Terms and Conditions of Sales
will prevail over any other agreement, document, Terms and
Conditions of Purchase or Sales that are unsigned by IEC
and will represent the only contractual conditions and terms
that will exist between IEC and its client(s). All indications
stated in any documentation of IEC are simply indicative
and not binding. Due the constant evolution of IEC
manufacturing techniques and products, IEC reserves its
right to make any changes to its materials and products sold
without representing a possible cause of issue or claim from
its client. This clause is imperative and applies beforehand
an in priority over any interpretation technique of the
agreement and if needed surpassing any articles of the law
which is not imperative or of public order (equivalent to the
articles 1156 and following of the French Civil Code) the
parties to this agreement declare without any doubt that
they have negotiated this agreement and all its clauses and
terms are the result of a mutual drafting.
2. Orders
Any order made by a client must be done by and for the
client only on a document bearing the header and
coordinates of the client received physically or electronically.
All vocal orders will not be taken into account until reception
of a written confirmation generated by the client. All orders
must be over 80 euros excluding VAT. An order will only be firm after acknowledgment of receipt of the order issued by IEC. Orders may be canceled by the customer only 15 days before the scheduled delivery date and with the express agreement of IEC, which will assess its feasibility.
3. Price
All IEC prices are understood already excluding VAT,
without any discount, without additional fees of any kind
(transport, custom duties, etc) and on request. All IEC prices
are determined in accordance to the costs of precious
materials and the cost of all the other materials used in the
particular product sold by IEC. The prices are made
depending on the volume ordered. Any oral communication
of a price by IEC will not be binding for IEC. Only the
numbers stated on the IEC offer(s) to the client and/or the
confirmation of order emitted by IEC to this particular client
and order will be taken into account for invoicing purposes.
The confirmation of order emitted by IEC will prevail over
any other document in case of a difference of price. The
prices communicated by IEC are based on the latest
economical data available at the time of the emission of the
confirmation of order, they are revisable and are rendered
known only at the time of the reception of the confirmation
order.
4. Timings
Except in the case of Force Majeure, the delivery times to be
taken into account are the ones mentioned in the
confirmation order generated by IEC, it is understood that a
variation of 5 days is possible without any damage for the
client until the product is ready for transportation. Any order
implying a delivery under 30 days or a shortening of a pre-
agreed timing will be subject to an additional charge of 25%
and the prior approval of the commercial service of IEC.
5. Delivery and packing
Unless otherwise stipulated, IEC products are given with a
packaging destined to be discarded. The deliveries start
from Monaco, IEC factory, according to the EXW Incoterms
2020. The client can propose and pay his own
transportation. Otherwise, the transportation will be done
with payment on arrival due by the client. The deliveries to
continental France with a value exceeding 230 euros VAT
excluded will be done free of charge in terms of packaging
and transportation. In all cases, the client will be the sole
responsible in terms of full compliance with any national or
international legislation and norms applicable to the IEC
products during their transport out of the IEC factory in
Monaco (Principality of Monaco).
6. Payment
All first orders will have to be paid in advance and in full
before transportation. In all other cases, the sales are made
without merchant discount rate to be paid within 45 days
from the end of the month following its day of delivery EXW
Monaco. All delays of payment will be automatically subject
to the generation and the payment of a cumulative monthly
interest of 10,25% by the client and the halt of any ongoing
order by IEC.
7. Right of Ownership
IEC remains the sole owner at all time of the products sold
until the full effective payment of the invoice related to these
products. The products delivered and not paid are to be
considered to be under the supervision and the liability of
the client for the benefit of IEC. The client will bear all the
risks of damages that the product(s) and packing(s) may
suffer or cause. Until the full payment is made the products
cannot be sold again without the prior approval of IEC. The
intellectual property of the products manufactured by IEC
and IEC’s tools remain the exclusive ownership of IEC at all
times despite any previous signed agreement or clause of
hierarchy of the agreements. The products sold by IEC
cannot be modified in any way, copied in part or in whole
without the prior written express agreement of IEC.
8. Complaints and Returns
All special orders, will be manufactured solely following the
instructions of the client and subject to the terms of the
confirmation order emitted by IEC. For this reason in case of
mistake in the order of the client, the products delivered
cannot be exchanged or returned, these products can only
be modified if the client wishes and if IEC accepts to do it.
Any modification of product are not done free of charge but
invoiced at the best price. Any return made a client with
transportation to be paid at reception will be refused by IEC.
No voucher will be issued by IEC to a client if the product
was made in accordance with the order or the last known
technical specifications known by IEC.
9. Warranty
IEC warranty will not cover any accidental deterioration not
due directly to IEC, the liability of IEC towards its products
and/or client(s) is exclusively limited and in all cases to the
sole replacement of the product or the repair of defaulting
products considered also as such by IEC quality control
department. This warranty is limited to 36 months from the
day the products are delivered to the client. In all cases, the
client is the sole liable for the compliance of IEC product(s)
with all legislation, norms whether national or international,
IEC limiting its role to the manufacture of product as ordered
and approved by the client.
10. Disputes
These general sales terms and conditions are made under
the laws and the competence of the courts of Monaco. IEC
has the right to modify these general sales applicable to the
next order for the client.
