Art 1 : Sales Contract

Orders placed directly to Cometto Industrie or through his representatives or agents shall not become final and binding until they are  confirmed by writing by Cometto Industrie.  The buyer shall specify the tension and the gas type. In case of mistake, the costs of modification shall be paid by the buyer.
When placing any order with Cometto Industrie, the buyer accepts these G.C.S. without qualification and in their entirety  to the exclusion of any other document, including brochures or catalogues issued by Cometto Industrie as indicative only. No special conditions shall, unless expressly agreed by Cometto Industrie prevail over the G.C.S. Any clause to the contrary proposed by the buyer shall not therefore , unless expressly agreed, be binding on Cometto Industrie, irrespective of when Cometto Industrie knew of that clause.

Art 2 : Transportation

Our shipment are ex works factory at Jassans-Riottier France (F01480) or charged on the invoice. In any case, the risks I the goods shall pass to the buyer immediately upon their delivery. Delivery shall take place, for all sales whatever their destination at the time the goods leave the factory of Cometto Industrie, irrespective of any terms of sale or payment of the costs of carriage.
Any damages related to the carriage shall be notified in writing to the carrier within two (2) days after delivery with a copy to Cometto Industrie for our insurance company.
Without prejudice to any action against the carrier, complaints made regarding visible defects or any non-conformity of the delivered goods compared to the ordered goods or with the delivery documentation must be lodged in writing upon receipt of the goods and in any event within three (3) days of receipt at least.
The buyer shall provide Cometto Industrie with all evidences regarding defects or anomalies reported. The buyer shall permit Cometto Industrie all means to ascertain the defects and to find a solution. The buyer shall not intervene or shall not make intervene any third party in this process.

Art 3 : Goods return

For any cancellation or return of goods, whatever the reason, a writing agreement from Cometto Industrie shall be required indicating the cost of packaging and transportation.

Art 4 : Changes in Specifications

Cometto Industrie reserves the right, without prior notification, to modify design, specifications and materials which, in the opinion of Cometto Industrie, will provide greater efficiency, performance and durability.

Art  5: Payment conditions

The payment conditions are 60 days after date of delivery and by Commercial Letter of Credit.
Where payment is not made on the due date in the invoice, interest for late payment will be payable, without the need for any formal  notice to this effect and without any prejudice to any future claim for damages, from the following due date and until the total payment date. The interest rate will be equal to the rate applied by La Banque de France to its most recent refinancing event plus three (3) percentage points.
In case of non payment eight (8) days after the due date of payment of the invoice, Cometto Industrie shall be entitled to ask for the goods return.  This resolution shall be applicable to all previous orders, delivered or not and payment due or not.
In the event the financial standing of the buyer constitutes a justifiable cause for concern, Cometto Industrie reserves the right to request payment in cash or prior to the delivery in respect of current orders.
Prices are effective as of the date the order and are in €uros. Prices do not include sales or any other taxes. All prices are subject to change without prior notice. Cometto Industrie is not responsible for printing errors.

Art 6 : Non cancellable orders

Bespoke equipment orders are non-cancellable when the buyer agreed the order and the manufacturing has begun.

Art 7 : Retention of Title

Cometto Industrie reserves title to the goods until the payment in full of the price and all incidentals. The risk in the goods shall however pass to the buyer upon delivery, as defined in Article 2 above. If payment is late or remains unpaid whether in whole or in part, Cometto Industrie reserves the right on demand and without further formalities to require the delivered goods to be returned to it, wherever they are located. Goods stored at the premises of the buyer (including depots, warehouses) will be deemed to be subject of the unpaid invoices. The buyer shall therefore not grant any rights to third parties that might limit the exercise of the provisions of this condition. All costs of returning the goods to Cometto Industrie will be borne by the buyer. If the buyer becomes insolvent or bankrupt he must notify Cometto Industrie within 24 hours and immediately cease selling any goods which are not yet his property. The buyer must also comply with his obligation as bailee. The buyer shall therefore be required to pay for the goods if they disappear whether accidentally or otherwise. The buyer shall not remove the packaging from goods stored by him and which are unpaid. The above provisions are without prejudice to any claim for damages for total or partial failure to pay the price of the goods.

Art 8 : Warranty

Limitations:
Cometto Industrie warrants its products to be free from defects in material for a period of one (1) year from the original date of delivery from the factory.
The level of warranty of Cometto Industrie shall not exceed 685 000 € (six hundred eighty five thousands Euros) for all material and all immaterial damages. If the buyer needs a higher level of warranty he must ask for an extension to Cometto Industrie before any order.
Exclusions:
Normal parts wear and tear and maintenance are excluded from this warranty.
Any product which has been modified by unauthorized personnel or changed from its original design is not covered under this warranty.
Cometto Industrie assumes no obligation for any product which has been subjected to misuse, abuse or harsh chemical environments and climatic conditions.
Normal maintenance as outlined in the instructions supplied with the product is the responsibility of the owner/user and is not part of this warranty.
Installation:
Cometto Industrie assumes no responsibility for any product not installed properly, and in accordance with the instructions supplied with the equipment.
Proper installation such as, but not limited to, calibration, levelling, utility connections normally associated with original installation are the responsibility of the distributor, dealer, owner/end user or installing contractor, and is not covered under this warranty.
Improper installation includes but is not limited to: Use of inadequate electrical supply or wiring - Undersized gas lines  - Improper gas type - Insufficient or improper gas pressure - Insufficient or improper tension - Improper ventilation.
Disclaimer:
This warranty is in lieu of any other agreement, expressed or implied, and constitutes the only warranty of Cometto Industrie with respect to it products. This states the exclusive remedy against Cometto Industrie relating to the products whether in contract or in tort or under any other legal theory, and whether arising out of warranties, representations, instructions, installations or defect from any cause. Cometto Industrie shall not be liable whether in contract, or in tort, or under any other legal theory for loss of use, revenue or profit, or for any substitute use of performance or for incidental, indirect, special or consequential damages, or for any other loss of cost of similar nature.

Art 9 : Force Majeure

The following shall be considered as events of force majeure which shall therefore allow Cometto Industrie to cancel or suspend his contractual obligations, without any rights of recourse for the buyer; accidents affecting the manufacture or storage of the goods, total or partial interruption of supplies of raw materials or energy, default by carriers, fire, flooding, breakdown of machinery, total or partial strikes, administrative decisions, acts attributed to third parties, war and all and any external occurrences likely to delay or prevent the performances of Cometto Industrie’s obligation or to render such performance economically exorbitant.
Art 10 Law and jurisdiction:
All disputes arising out of this contract shall be governed by the law of France and submitted to the courts having jurisdiction in Bourg en Bresse (F-01000), with the exception of any rules incompatible with this choice of law and with the exception of the United Nations Convention on the international sale of goods of April 11, 1980.