These general terms of sale apply fully to all sales made by HUSSON International. They supersede all general purchase terms and any other documents issued by the Customer, regardless of the terms thereof; any order sent to HUSSON International implies the unreserved acceptance of HUSSON International’s prices and of these general terms of sale.
Any contrary provision proposed by the client shall therefore, in the absence of formal acceptance, be unenforceable against HUSSON International, regardless of when it may have been brought to its attention.
The fact that HUSSON International does not, at any given time, claim one of these general terms shall not be construed as a waiver of any subsequent use.
The seller is bound by the commitments that could be made by its representatives, employees and dealers subject to its written confirmation thereof.
HUSSON International reserves the right at any time to make changes to prices and products in its catalogues, leaflets and price lists.
3.PRICES AND PAYMENT TERMS
Invoices are issued at the rate applicable on the day of the order. Unless otherwise specified in HUSSON International’s catalogues, leaflets and price lists, the prices are exclusive of taxes and freight charges.
Unless otherwise agreed by the parties, the price shall be payable according to the following terms:
- a deposit equal to one third of the price payable upon the order;
- one third of the price payable prior to shipment;
- one third of the price payable at 30 days end of month after delivery
No discount will be given in the event of an advance payment.
Invoices are payable to HUSSON International’s Headquarters.
The settlement is deemed to be made upon the provision of the funds to HUSSON International.
If an overdue invoice is not settled, even partially, the penalties for late payment will be taken into account from the due date the invoice, without formal notice and without prejudice to damages.
The amount of late payment penalties shall be calculated by applying to the overdue amounts an interest rate equal to 1,5 times the applicable legal interest rate.
Any delay in payment shall give rise, without notice prior to the application, as a penalty clause, to a penalty in an amount corresponding to 10 % of the amounts owed, and no less than 150 €.
In addition, any delay in payment shall result automatically and at the discretion of HUSSON International in the immediate payability of all outstanding invoices and the suspension of the performance of all outstanding orders.
There are several payment methods available to you:
- Payment by credit card allowing you to directly validate your order on Husson.shop
- Payment by PayPal allowing you to directly validate your order on Husson.shop
- Payment by bank transfer which does not allow you to directly validate your order on Husson.shop. It is therefore necessary to request A QUOTE (click on “Request a quote” and please fill in the required fields); it will be sent to you as soon as possible. Then, you can place an order and pay according to the terms mentioned in the quote.
- Payment by administrative order (reserved for establishments under public accounting) which does not allow you to directly validate your order on Husson.shop. It is therefore necessary to request A QUOTE (click on “Request a quote” and please fill in the required fields) which will be sent to you as soon as possible. Then, you can place an order and pay according to the terms mentioned in the quote.
Our bank details will be sent to you with our quote and invoice.
4.1.) Delivery times
The delivery times are given solely for informational purposes and failure to comply therewith shall not lead to any order cancellation or to the payment of damages.
In the event of a delay in delivery for a reason beyond the control of HUSSON International and provided that HUSSON International agrees thereto, the equipment is stored and handled at the cost and risk of the customer, HUSSON International declines any subsequent liability in connection therewith.
4.2.) Place of delivery
Delivery is deemed to be made at HUSSON International’s factories.
4.3.) Transfer of risks
Notwithstanding the reservation of title clause provided for in Article 7 below, the risks that the products could suffer or cause, for any reason whatsoever, even in the event of force majeure, fortuitous event or act of a third party, are transferred to the customer upon exit from HUSSON International’s plants.
The products always travel at the risk of the customer, even in the case of Carriage free sales.
The takers or buyers shall be responsible for any insurance, both for the persons and for the equipment.
In any event, the liability of the seller or lessor is strictly limited to its supply.
5.COMPLIANCE – ACCEPTANCE
5.1.) Checking the equipment
The condition of the equipment should be checked upon receipt of the equipment.
Any reservation or dispute relating to defects and/or damages related to the carriage of the material shall be placed on the delivery slop and confirmed to the carrier under the conditions of Article L.133-3 of the Business Code,
by registered letter with acknowledgment of receipt copied by registered letter with acknowledgment of receipt to the head office of HUSSON International, sent within three days of the receipt of the products under penalty of forfeiting reservations or claims against HUSSON International.
5.2.) Product Compliance Reserve
Any reserve or dispute regarding the conformity of the products with the order shall be stated on the delivery slip and confirmed by registered mail with acknowledgment of receipt within a maximum period of time of eight days from the receipt of the product.
The customer shall prove the existence of defects or anomalies regarding the products.
Failing compliance with these terms, the products are deemed to be in compliance and HUSSON International’s liability shall not be incurred with regard thereto.
At the discretion of HUSSON International, products recognized as non-compliant will either be replaced or refunded.
Non-compliance of the products shall not result in any compensation paid to the customer.
6.1.) Standard Warranty
The warranty period for products supplied by HUSSON International against material or workmanship defects is one year from delivery.
It is the responsibility of the client to prove the reality of the defects claimed.
During the warranty period, HUSSON International agrees to exchange or repair parts or products found defective free of charge.
The cost of transporting, removing and reassembling repaired or exchanged parts shall be borne by the customer.
This warranty will not apply in the following cases:
- For damage due to abnormal or abusive use of the product;
- For damage due to insufficient maintenance or maintenance that does not comply with HUSSON International’s maintenance guidelines and French or European standards for the maintenance of the respective products;
- For equipment modified, repaired or moved by persons other than HUSSON International or its authorized postal service;
- For equipment installed by the customer and not strictly observing the installation instructions given in the manufacturer’s manuals and plans.
- For damage to the product resulting from a cause external to the product (e.g., shock, storm, etc.).
The warranties do not cover aspects of surfaces or discolorations of materials and coatings, nor the normal wear and tear of the product.
6.2.) Special “long-term” guarantee
A special “long-term” contractual warranty will apply to products in the following ranges:
- Cameleo games
- Piccolo games
- Magi ‘color games
- Costocolor games
- Color’ado range
This special warranty is for a period of ten years with regard to the mechanical resistance against breakage of the following materials and components: Steel framing (posts and assembling parts), HPL panels, all-metal and non-mobile components.
It is for a period of one year from delivery for the other components and materials in the ranges listed above, as well as for rails and slides.
In addition to the cases of exclusion referred to in Article 6.1., the special warranty shall not apply to products installed on the seaside, in mountains, in areas with frequent freezing or in particularly polluted sites.
The exercising of this special warranty requires that the customer returns the “long-term” warranty certificate for validation by HUSSON International and requires that every three years a check by a HUSSON International technician be carried out exclusively on the condition of the surface coatings and bolting.
The performance of this three-year check shall be recorded in writing bearing the customer’s and HUSSON International’s stamps.
6.3.) Special 3-year warranty
Some products carry an extended contractual warranty of 3 years. In this case, the warranty period is clearly specified on the product sheet.
This special warranty is for a period of 3 years for mechanical resistance against breakage of the following materials and components: Steel, aluminium and HPL framing and components.
It shall be for a period of one year from the date of delivery for the other components and materials of the respective products.
It shall not apply to cases of exclusion referred to in Article 6.1.
7.PROPERTY RESERVATION CLAUSE
The products are sold subject to ownership until their full payment.
Payment refers to the settlement of the products and its accessories.
In the event of non-payment, the Customer shall, at its own expense and risk return the unpaid Products after a request constituting formal notice by ordinary mail or registered mail.
In this case, the sale will be terminated automatically on the day of the refund request.
HUSSON International will retain any deposits paid as damages, without prejudice to any other compensation.
In addition, the customer shall owe a depreciation compensation amount set to .5 % of the price of the products per day of holding until the full return of the products.
8.INTELLECTUAL AND INDUSTRIAL PROPERTY
The customer has no intellectual or industrial property rights in the products.
Studies and documents of any kind passed to the client by HUSSON International shall always remain the property of the latter.
The Client agrees to return them to HUSSON International at any time on request.
The Client agrees not to communicate to a third party the studies and documents passed by HUSSON International or to implement them without the prior written permission of HUSSON International.
HUSSON International reserves the right to suspend or terminate all or part of the sale, by right and without formalities, in the event of a force majeure event or of a fortuitous event, such as embargo, shortage of raw materials,
strike at its or its subcontractors’ facilities, …
10.APPLICABLE LAW – DISPUTE SETTLEMENT
Relations between HUSSON International and the client are governed by the laws of France.
In the event of a dispute, only the courts within the jurisdiction of the City of COLMAR shall have jurisdiction, even in the event of summary proceedings and notwithstanding several cases or parties or impleaders.