STANDARD CONDITIONS OF SALE OUT OF FRANCE

GENERAL CONDITIONS

We only accept written orders (fax, mail, email...). Placing an order means the complete approval of our general export sale conditions mentioned below. Any clause or condition stated on the written orders or on the order forms sent by the purchaser or his/her representative are null and void.

ORDER

Any order directly put with us or through one of our agents has to be submitted to our agreement before being proceeded with.

BOOKING OF GOODS, CONTRACTS

Contracts or booking of goods are related to prior contracts. They go through independent order processing. Each call-off or order on these bookings or contracts will be confirmed without any commitment in the processing of the future orders or call-offs. Reserves made in case of absolute necessity may apply at any time in the processing of the goods or contract bookings.

PRICE

In any case our price list and sample sheets could not be considered as a firm offer. Invoices are done under our confirmation of prices.

INDUSTRIAL PROPERTY

The communication of technical information on the products sold or sampled, our signature put to the terms of reference issued by our customers, cannot be considered as a transfer of industrial property, know-how or trade secret.

DELIVERY

Dates given for dispatch or delivery by the Seller are approximate and delay of dispatch or of delivery could not give the Buyer the right to cancel the sale or to claim damages either compensatory.

NON DELIVERY

The Seller will not entertain claims for loss or damage to, or non delivery of materials and the Buyer will be deemed to have accepted the materials unless the Buyer complies fully with the following condition :

All claims for partial loss or damage to any consignment or non delivery of part of any consignment must be received, in writing, by the Seller within 7 days of the date of delivery of the consignment or part consignment.

PAYMENT

Unless otherwise stated on the Seller's invoice, payment for each delivery shall be made so as to be received by the Seller not later than the fifteenth day after the date of invoice, and shall be made in the currency specified.

Failure to pay by the due date shall entitle the Seller, without prejudice to its other rights and remedies, to with hold or cancel subsequent deliveries and to charge the Buyer interest on overdue accounts from the due date, until payment, at the rate of 2 percent per 30 days, with a penalty of 15 percent of the claimed amount.

CASE OF ABSOLUTE NECESSITY

Juridical consequences of the absolute necessity case will apply and the following facts will constitute, according to the case, causes of extinguishments or postponement of our commitments without any recourse from the buyer, that is to say : accidents that may occur and thus disrupt our production or the storage of our products,carrying failure, fire, flooding, breaking of machines, total or partial strikes, lockout, decisions from Legal Authority, or war and civil war, riots, raw materials or energy supplying troubles, but also all events that could delay or stop or make inordinate from an economic point of view, the achievement of our commitments.

PASSING OF PROPERTY AND RISK

No property in the Goods supplied shall pass from the Seller to the Buyer until the Seller has received payment in full for such goods.

Not withstanding the foregoing the goods shall be at the Buyer's risk immediately upon delivery or at such earlier time as risk shall pass to the Buyer in accordance with Incoterms.

CHOICE OF LAW AND ARBITRATION

The contract and the conditions of sale shall be governed by and interpreted in accordance with French Laws. In case of litigation, the ''TRIBUNAL DE COMMERCE DE CANNES'' FRANCE is the only body competent to deal with the issue, whatever delivery place or payment terms.

MAJ. 11/ 01