General Terms and Conditions of Sale of AMSCAAF's commercial brokerage services, through the website www.amscaaf-prod.com
These General Terms and Conditions govern AMSCAAF Sarl's brokerage relationships, through its AMSCAAF Prod service www.amscaaf-prod.com hereinafter referred to as "AMSCAAF Prod" on the one hand with its principals, and on the other hand with its clients or suppliers, hereinafter referred to as "Client or Supplier".
*The principals being all the natural persons or legal entities that give AMSCAAF Sarl the mandate to provide the services for which it is commissioned.
Article 1 - Application of the C.G.V.
The fact of requesting a quote or placing an order on the amscaaf-prod.com website implies full and unreserved acceptance of these GENERAL CONDITIONS to the exclusion of any other documents.
Any document other than these GENERAL CONDITIONS of sale and in particular catalogues, prospectuses, advertisements, notices, is for information and guidance purposes only, and is not binding.
Article 2 - Activities of AMSCAAF Sarl, via its service amscaaf-prod.com
By amscaaf-prod.com, AMSCAAF provides sourcing and commercial brokerage services:
*Information and training service
*Sales (independent outsourced seller on behalf of an industrial company or importer whose commission is paid by the Principal itself).
It is understood that each of the services provided by AMSCAAF Sarl, as part of the AMSCAAF Prod services, is subject to a remuneration.
AMCAAF Sarl, as part of its "AMSCAAF Prod" services, enjoys total independence in the organisation of its activity and in the choice of its collaborators or partners.
AMSCAAF Sarl, commits itself within the framework of its AMSCAAF Prod service, commits itself to :
* communicate to its principals/customers/suppliers all the information in its possession relating to their expectations.
* Establish all useful contacts for the success of the commercial collaboration for which AMSCAAF Sarl is mandated.
* carry out all the necessary steps to conclude each of the sales or services for which it is mandated.
* observe absolute confidentiality for all information of which he/she has become aware in the course of his/her assignment.
Article 3 - Specific presentation of AMSCAAF Sarl's services and commitments
3.2 Commercial prospecting and product sales.
Within the framework of commissions negotiated and paid by the principal, the latter provides AMSCAAF Sarl with all information and documentation, purchase orders and any other invoicing elements to be presented to the client.
The latter sends us the order form and its payment to the order of the principal who will pay AMSCAAF Sarl his commission according to the agreements established between them.
AMSCAAF Sarl cannot be held liable and may not have its contact service rendered null and void, and therefore its commission not paid by the supplier, ( once the order validation has been purchased from him and handed over to AMSCAAF Sarl) for reasons of disagreements on deadlines, payment methods imposed by the Supplier on customers presented by AMSCAAF Sarl or for reasons of non-quality raw materials delivered on site. Only the case of force majeure, as legally understood, could be invoked by the Supplier not to honour its compensation commitments.
* Definitions of cases of force majeure resulting in delay or impossibility of delivery.
the producer is therefore the only one to determine his rules and operating conditions. The independent commercial agent does not enter and does not substitute himself for the accounts of the producer and the customer.
Article 5 - Prioritisation of the documents drawn up by the Wood Broker in the context of the exercise of his missions and financial and legal implications as well as the rights and duties of each party.
The administrative documents provided by the Wood Broker to his principals are:
AMSCAAF Sarl defines with its client the specific numerical and qualitative requirements of the latter's needs.
Usually a quotation has a validity deadline that covers pricing and conditions of supply or manufacturing. Once written and sent to the Client, this quotation cannot be subject to a price change, most often the validity period of a quotation is 3 to 4 weeks. Beyond this limit and if the Client has not signed his quotation, the price may be modified without notice or proof to be provided.
The price indicated on the quotation is the one that the Client must pay if he signs before the expiry date of the quotation, partly to the Wood Broker and partly directly to the producer.
The estimate includes the agent's commission and the service of transporting the goods.
Quotations are published at the head of AMSCAAF Sarl, the principal or the supplier according to their agreements with AMSCAAF Srl
it is the Client's responsibility to verify, when the validity period of the estimate is prescribed, that the price is always in line with its budget. An estimate whose signature is subsequent to the validity date is not valid and only the Wood Broker in charge of his business decides to accept the transformation into an order or to make a new estimate to the client.
5.2 Business Development and Product Sales Mandate
Quotations are published at the Client's header with the client's contact details.
The photographs illustrating the products that can be exchanged between AMSCAAF Sarl and its client do not fall within the scope of the contract and cannot be opposed to AMSCAAF Sarl. The images are not contractual to a product that differs in its visual and aesthetic aspect as well as in its color or texture. The images illustrate the shape and provide the customer with a vision to appreciate a dimension or section or thickness.
There may be a delay between the signature of the quotation and the confirmation of the order and the provision of the brokerage contract.
The Principal sends AMSCAAF Sarl the order elements at its letterhead validating the quotation signed and delivered by AMSCAAF Sarl.
5.2.3 Delivery note and invoice
For each delivery made by the Supplier, a delivery note will be sent to the customer and AMSCAAF Sarl. It is on the basis of the delivery note that brokerage invoices to the Principal will be drawn up by AMSCAAF Sarl.
The merchandise invoice is paid directly to the producer. The information on the producer's contact details is the same as the validated quote.
The merchandise invoice is paid by the customer to the producer, who decides on the payment fractions. Usually this information is delivered before the order form is issued. Similarly, it is the producer who decides whether the goods are to be paid to him when the order is placed or before shipment or receipt of the goods or on a bill of exchange if the customer can pay under credit insurance.
5.2.4 Brokerage invoicing + administrative costs
The brokerage invoice is established according to the agreements made between AMSCAAF Sarl and its Principal.
The payment terms and % relating to the various products may be the subject of a written or unwritten contract. In any case, the validation by the Principal of the customer order presented by AMSCAAF Sarl implies acceptance of the payment of a commission. This will be expressed in writing in any form whatsoever by AMSCAAF Sarl when the customer order is sent to the Principal.
This is why the drafting of the order form sent to the client takes into consideration the amount of the commission due to AMSCAAF Sarl by the Principal.
All clients entrusted to the Principal in this way are tomorrow AMSCAAF Sarl's clients. Any direct or indirect requests addressed to the Principal by AMSCAAF Sarl's clients must be transmitted to AMSCAAF Sarl or in any case be subject to a commission due by the Principal under the terms in force between them or by default under the latest conditions applied individually to each of these clients in the past.
The brokerage invoice is paid in full by the Principal for each full or partial customer payment. In the latter case, the payment will be proportional to the % of the sums received by the Principal according to the scale and percentage of commissions agreed between the Principal and AMSCAAF Sarl.
Refer to commercial contracts, if any, or to confirmations exchanged before the order is validated between the Principal and AMSCAAF Sarl.
5.2.5 Freight transport and reception
Although governed by the General Terms and Conditions of each Principal, below are the first steps to ensure that certain rights prevail in order to engage in a constructive exchange with the Principal of AMSCAAF Sarl:
In the event of apparent defects or missing parts, any complaint, whatever its nature, relating to the products delivered shall only be accepted by the Principal if it is made in writing, by registered letter with acknowledgement of receipt, within 48 hours of receipt of the products.
The complaint must imperatively mention the order numbers and delivery notes. It is the buyer customer's responsibility to provide all justifications as to the reality of the defects or missing parts found.
No return of goods may be made by the same customer without the prior express written consent of the Principal, obtained in particular by fax or e-mail.
The return costs will only be borne by the Principal in the event that an apparent defect, or missing parts, are actually found by the latter or its agent.
Only the carrier chosen by the Principal or by AMSCAAF Sarl itself is authorized to return the products concerned.
If, after inspection, an apparent defect or missing item is actually found by the Principal or its agent, the client may only request the Principal to replace the non-compliant items and/or to make up for the missing items at the latter's expense, without the client being entitled to claim any compensation or the order being cancelled. The unreserved receipt of the products ordered by the customer (i.e., not expressly mentioned on the delivery note or complaint form as indicated above) covers any apparent and/or missing defects.
Article 6 - Applicable law and competent jurisdiction
These General Terms and Conditions of Practice are subject to French law. Any dispute resulting from its execution shall be submitted to the courts of which AMSCAAF Sarl's registered office is located, namely the Commercial Court of Cayenne.