1- GENERAL PROVISIONS
Our specifications, drawings, prints, flyers, manuals and catalogues are for illustrative purposes only and are not binding.
Orders are only considered final after an acknowledgement of receipt has been sent out by our Head Office.
They imply acceptance of these terms and conditions of sale and payment.
2- RETENTION OF TITLE CLAUSES
2.1- Goods delivered remain the property of the seller until full payment of their price. In
particular, the buyer shall refrain from disposing of them to resell or process them.
2.2- The buyer must immediately inform the seller in case of seizure of the goods by a third party.
2.3- Notwithstanding the application of this retention of title clause, the buyer shall be liable for any charges incurred by loss or destruction. They shall also be liable for insurance costs for the benefit of the
2.4- As the owner, the supplier may require at any time, in the event of non-payment or late
payment of a single instalment, the repossession of the item delivered, to which the buyer
already agrees not to object.
2.5- This requirement will take the form of a registered letter with acknowledgement of receipt, setting out the date and conditions of this repossession. The costs associated with this repossession by the supplier
shall be borne by the buyer.
2.6- Where necessary, jurisdiction shall be expressly conferred on the interim relief judge of the
Commercial court of the Rhône department.
3 – PRICE AND DELIVERY
3.1- Our delivery times are indicative and commence upon receipt by the DUNE SAS Company of
the binding order and the 30% down payment of the agreed price. We do not accept any late delivery
penalty. This delay may not, under any circumstances, justify a cancellation.
3.2- Fortuitous events and cases of force majeure, such as mobilisation, war, total or
partial strikes, lockouts, transport stoppages, lack of raw materials, fire,
innovations, or any other causes hampering the activity of our factories, shall allow us to cancel all or
part of the orders the execution of which has been prohibited or suspended.
3.3- Our prices are quoted EX WORKS, EXCL. VAT
3.4- Our estimate prices are only valid for two weeks following our offer.
4- PAYMENT TERMS
4.1- Legal payment term within 45 days of the end of the month or 60 days of the date of issue, from the date the goods are received or the service requested is performed.
4.2- All payments must be made exclusively to the DUNE SAS Company. We shall not be
held liable for payments made in the name of a third person.
4.3- Payments shall be made to the head office of our company, net and without down payments. Unless a postponement is requested in good time
and granted by DUNE SA. Failure to pay on the due date shall automatically result, without further
a- the payment of default interest at the ECB base rate increased by 7 points. The rate may not be
be less than 1 ½ times the legal interest rate
b- the immediate payment of all outstanding amounts owed regardless of the planned method
of payment, including by bill of exchange.
c- the payment, as damages and by way of a penalty clause, of an indemnity equal to 15% of the
amounts owed, in addition to default interest and any legal costs
4.4- Withholding payment or compensation prompted by the buyer’s claims or alternative instalment dates
shall not be permitted.
5 – TERMINATION
If the customer rescinds their order or fails to cancel it in time, the contract shall be automatically terminated and the down payment shall be retained by the DUNE SAS Company as compensation. The
DUNE SAS Company reserves the right to dispose of the goods.
6 – TRANSPORT
6.1 – Apart from the provisions of article 2.3 above, any transport, insurance, storage, handling, implementation operation shall be completed at the expense, risk and peril of the buyer, who shall undertake to check shipments upon arrival and appeal to the carrier where appropriate.
6.2 – In all cases, the customer shall assume responsibility for the equipment or supplies upon arrival at the station or dock, and shall protect them against inclement weather or theft.
6.3 – We shall only accept complaints received within a maximum of 8 days of receipt of the equipment or supplies.
7 – WARRANTIES
7.1 – We provide 5-year warranties beginning on the date of delivery, strictly limited to our
equipment. These warranties can only cover the prompt repair or replacement, at our expense, of any equipment which has been taken out of service as a result of hidden defects; our Company reserves the right to modify the devices with a view to complying with these warranties or replacing defective parts.
7.2 –Scrapped parts must be recovered by the DUNE SAS Company, and we reserve the right to have them sent to us postage due at no additional cost.
7.3 – The warranty does not apply to consumables or parts deteriorated or damaged through
7.4 – This warranty does not apply when the consumables used are not DUNE packages
for which machines are optimised. Consequently, the use of any other packages shall
automatically and irrevocably result in the termination of the warranty.
7.5 – The following is excluded from the warranty: normal wearing parts (teflon, silicone, cutting blade,
light bulbs, fuses, etc.), our technicians’ travel expenses.
8 – INSTALLATION FEES
8.1 – INSTALLATION costs include the implementation of the equipment and training of personnel
authorised to use the equipment.
8.2 – Goods supplied by DUNE S.A.S are equipped with an electrical cord with a standard connector. The customer will provide the electrical equipment needed to connect the device on the day
9 – DISPUTE
9.1 – In the event of a dispute regarding a supply or its payment, the Commercial court of the
Rhône department shall have sole jurisdiction, regardless of the sales conditions and method of payment accepted, even for proceedings involving the introduction of third parties and those involving several defendants.
9.2 – In particular, bills of exchange, commercial bills or acceptance of payment shall not result in the
novation of or derogation from this jurisdiction clause.
9.3 – All orders placed imply unconditional acceptance of these general terms and conditions.
These terms and conditions cannot be amended by provisions to the contrary featured on the buyer’s purchase order or in their terms and conditions of purchase.
10 – SPECIFIC CONDITIONS
Specific conditions and conditions featured in the estimate only alter the general terms and conditions
of sale as far as the aspects to which they relate.