General

The present general terms and conditions of sale apply to any sale of products concluded by SYRIUS SOLAR INDUSTRY, hereafter referred to as SYRIUS SOLAR INDUSTRY. The fact of placing an order implies the customer’s full acceptance of these general terms of sale. No contrary provision appearing on purchase conditions, order forms, letters, acknowledgements of receipt or other documents issued by the customer, can be opposed to SYRIUS SOLAR INDUSTRY if it has not been previously accepted in writing by SYRIUS SOLAR INDUSTRY. SYRIUS SOLAR INDUSTRY reserves the right to modify these general sales conditions at any time and without prior notice.

Orders and sales

All orders must be placed in writing. An order becomes final after confirmation by SYRIUS SOLAR INDUSTRY to the buyer.
The sale of any product referred to in the order form is effective upon shipment of the product by SYRIUS SOLAR INDUSTRY to the buyer (who is deemed to have given his agreement to this sale by the mere fact of having placed an order for the product in question).

Delivery

• Unless otherwise agreed, delivery is deemed to be ex warehouse or factory and the products travel at the buyer’s risk.
• When the shipment is made by SYRIUS SOLAR INDUSTRY, the buyer must, in case of damage or remainder
  a) Report it on the carrier’s delivery note
  b) Send the carrier a registered letter with acknowledgement of receipt within a maximum of 3 days of receipt
  c) Send a copy of these documents to SYRIUS SOLAR INDUSTRY at the same time
  In the absence of a complaint made in the required form and time, the delivery will be deemed to be in conformity with the products ordered.

Deadlines

SYRIUS SOLAR INDUSTRY shall make every effort to deliver accepted orders as soon as possible. However, any delivery time communicated is purely indicative and exceeding it cannot lead to the cancellation of the order or the payment of compensation. SYRIUS SOLAR INDUSTRY reserves the right to make partial deliveries.

Transfer of ownership and risk

• SYRIUS SOLAR INDUSTRY retains the ownership of the goods sold until the effective payment of the full price in principal and accessory, the delivery of a bill of exchange not constituting a payment.
• Failure to pay any of the deadlines may result in the reclamation of the products and the automatic cancellation of the contract. These provisions do not prevent the transfer of risks to the purchaser upon delivery.

Prices

The prices invoiced to the buyer for the products are prices exclusive of tax and are those of the SYRIUS SOLAR INDUSTRY price list in force on the date of the order, provided that delivery is scheduled for no more than two months after the date of the order. After this period, SYRIUS SOLAR INDUSTRY will update the price of the products according to market variations.
Any dispute regarding an invoice must be addressed to SYRIUS SOLAR INDUSTRY within 6 days of the date of receipt, by simple letter, with a copy of the invoice. In the absence of a dispute within the required timeframe and form, the invoice shall be deemed to be definitively accepted.

Payment

Unless otherwise agreed, a deposit must be paid at the time of ordering, and the balance of the order is due before delivery. In the event of cancellation by the customer, the advance payments made at the time of ordering shall be deemed to have been made and shall not give rise to a refund.
Payments made before delivery are received as a deposit, to be applied to the amount of the invoice. They do not bear interest. In the event of late payment, SYRIUS SOLAR INDUSTRY reserves the right to demand payment of late payment interest equivalent to one and a half times the legal interest rate and/or immediate payment of any sum due by the buyer, after formal notice of payment. In addition, current orders may be suspended or cancelled by SYRIUS SOLAR INDUSTRY, upon simple notification, without prejudice to any other recourse.

Guarantee

Commercial manufacturer’s warranty

The products are covered by the manufacturer’s warranty. See the conditions of the manufacturer’s warranty accompanying the product.

Legal guarantee of the seller

In any case SYRIUS SOLAR INDUSTRY or the manufacturer, if applicable, remains bound by the following legal provisions:
Article 1641 of the Civil Code
Article 1648 al. 1 of the civil code
Article L211-4 of the Consumer Code
Article L211-5 of the Consumer Code
Article L211-12 of the consumer code

Applicable law and jurisdiction

The present general conditions of sale as well as the contracts concluded in application of it are governed by French law.
All disputes and disagreements arising from a sale by SYRIUS SOLAR INDUSTRY or its consequences are under the exclusive jurisdiction of the Commercial Court of Montpellier.

Major forces

SYRIUS SOLAR INDUSTRY cannot be held responsible if the non-performance or delay in the performance of one of its obligations described in these general terms of sale is due to a case of force majeure. In this respect, force majeure means any external, unforeseeable and irresistible event within the meaning of Article 1148 of the Civil Code.