GENERAL TERMS AND CONDITIONS OF SALE
ARTICLE 1: The offers made by the GAEC Domaine du Pountet or its representatives, do not commit the GAEC
Domaine du Pountet that after sending confirmations of orders by the GAEC Domaine du Pountet, or
contracts, which only acquire a definitive character under this condition.
ARTICLE 2 : All goods are delivered and approved at the departure station, even if sold free of charge, they travel at
risk of the recipient. The discharge of the bonded receipt is the responsibility of the recipient within the set time limits
by law.
ARTICLE 3: In the event of force majeure, such as strikes, floods, fire, lockout or any other
unforeseeable impediment, deliveries may be suspended for the duration of the impediment, or
its consequences. No delay in delivery or in the course of transport can be invoked as a reason
of termination, and shall not be grounds for any claim for compensation.
ARTICLE 4 : In case of non removal within the time limits of a contract whose term has been explicitly fixed on the
confirmation, the GAEC Domaine du Pountet reserves the right to notify its buyer by registered letter
of its cancellation or withdrawal and payment with immediate effect.
ARTICLE 5: All accidental differences in degree, duly noted, will be settled without any damage,
by proportional rebate. In case of refusal of goods, the GAEC Domaine du Pountet reserves the right
to replace or not.
ARTICLE 6 : The payment in all the cases must take place with the fixed term and in the case or the invoice does not carry
no due date (payment at customer’s discretion), one month after the invoice date. By express agreement and except for
postponement granted by the GAEC Domaine du Pountet, the failure to pay for the supplies at the deadline thus fixed,
will entail, whatever the method of payment, a fixed penalty of 40 euros for late payment
in accordance with Decree 2012-1115 of October 2, 2012 (As of January 1, 2013, any professional
in a situation of late payment becomes by operation of law a debtor towards its creditor, in addition to the penalties
already provided for by law, of a fixed indemnity for collection costs of 40 euros), a
intervention, and the application, as damages, of an indemnity equal to 15% of the
the unpaid amount, in addition to the legal costs, the legal interests, without prejudice to the interests stipulated above. From
Costs of proceedings and expenses may also be payable.
ARTICLE 7 : Any dispute relating to the execution or interpretation of the contracts of the GAEC Domaine
of the Pountet will be of the exclusive competence of the Commercial court of Auch, even in case of appeal in
guarantee or plurality of defendants.
ARTICLE 8 : Clause of property reserve.
By express agreement, the GAEC Domaine du Pountet reserves the property of the goods supplied
until the last day of their perfect payment, according to the terms of the law n°80-335 of May 12, 1980.
It is also subrogated to the price if the goods have been resold to a third party, while
the latter would not have paid them.
ARTICLE 9: Commissions are due to brokers and representatives only on business conducted to the best of their ability.
purposes.
ARTICLE 10 : These conditions, stipulated in the present document, are not likely to be modified by
the terms of sale and other clauses set out in the commercial papers or documents of the
GAEC Domaine du Pountet.
