Terms and Conditions
1. SCOPE OF APPLICATION
All our deliveries are made in accordance with these General Terms and Conditions of Sale. All orders, deliveries, and other services provided by SNA are governed exclusively by these General Terms and Conditions of Sale. The application of the customer’s specific terms and conditions, such as
General Terms and Conditions of Purchase, is excluded, even if SNA does not explicitly object to them.
2. ORDER FULFILLMENT
To be valid, all orders must be confirmed in writing by the client, with the confirmation dated and signed.
The client agrees to provide SNA with all materials necessary for the fulfillment of the order:
Certificates from collective management organizations for phonographic rights, such as SDRM in France or the relevant organization in the country in question for
international orders. Proof of ownership of video exploitation rights.
3. DELIVERY TIMES
Estimated delivery times are provided for informational purposes only, and any delays do not entitle the buyer to cancel
orders, refuse delivery of the goods, or claim damages.
Cases of force majeure release SNA from its obligations, including but not limited to: war, natural disasters, partial or total strikes
, and shortages.
The agreed-upon delivery times shall be extended by the duration of the observed disruptions.
4. SHIPPING
All shipments are made at the recipient’s risk and expense. Goods are insured only at the customer’s request and expense.
Unless otherwise specifically indicated by the customer, shipment is made using an appropriate shipping method and standard packaging.
It is the customer’s responsibility to perform the necessary inspections and file any necessary claims upon arrival of the products and in the presence of the carrier to ensure
that the delivery is made in accordance with the terms.
To be valid, delivery claims must be explicitly noted on the waybill.
5. TRANSFER OF RISK
The transfer of risk to the customer occurs on the date the goods are handed over to the shipping company if SNA handles the shipment, or to the customer
directly if the customer arranges for pickup of the goods from our factory.
6. PRICING – BILLING
Our supplies are billed based on the rates in effect on the date of delivery. Our quotes should be considered estimates.
This applies in particular to setup work (photogravure, printing, electroplating); additional charges may be billed
depending on the final documents received. In the event of a galvanic accident during development, only the re-engraving will be covered by us
. We do not cover any additional studio costs that may be necessary to repair the
engraving, nor do we cover so-called digital engravings. Three years after the last restocking, the galvanic materials will be destroyed.
7. PAYMENT
- All our invoices are payable at our headquarters.
- Unless otherwise agreed, our invoices are payable in full, net, and without discount.
- If drafts are issued for payment on agreed due dates, the buyer is required to accept and return them within 48 hours
of receipt.
- In the event of a discount (with our agreement) for cash payment, the amount of VAT
that may be deductible by you must therefore be reduced by the amount of VAT pertaining to the discount.
- In the event of late payment, in accordance with Article L 441-6 of the Commercial Code, compensation calculated at three times
the applicable statutory interest rate, as well as a flat-rate compensation fee of €40 for collection costs, shall be due.
- By express agreement and unless a deferral is requested in a timely manner and granted by SNA, failure to pay for our supplies by the set due date
shall result in:
1- The immediate due and payable status of all amounts owed, regardless of the agreed payment method (whether by accepted or unaccepted bill of exchange).
2 - The suspension or cancellation of pending orders without prejudice.
3 - The payment, as damages and a penalty clause, of compensation equal to 15% of the amounts due, in addition to statutory interest and any
court costs.
8. RETENTION OF MATERIALS
Production source files (Mastering/DTP) provided by the customer on physical media (CD-R, hard drive, USB flash drive) may be
returned upon written request and at the customer’s expense.
Unless requested by the client and after a period of 2 years following the last order of the product in question, these files will be destroyed without prior notice.
It follows from this last point that the source files provided must be copies.
Source files received via digital transfer (FTP, email, etc.) are deleted from our servers after the product is manufactured, without
prior request from SNA to its client.
Failure to do so within this timeframe will result in all delivered products being deemed compliant.
It is the customer’s responsibility to provide SNA with evidence of the observed defect.
No returns will be accepted without our prior approval.
SNA’s warranty is limited solely to the replacement of defective products. If repair is not feasible, a refund will be issued
based on the “ex-works” price (no shipping costs or customs duties will be reimbursed). A defective part of a shipment
does not justify the total rejection of the shipment.
Any commercial use of these goods results in the buyer waiving any right to claim.
9. WARRANTIES
We shall not be liable for any goods of any kind belonging to the customer that are stored on our premises for processing or for any other purpose, in the event of accidents of any kind caused by or involving such goods.
The customer, who alone knows
the market value of the goods, must insure their goods and items in all circumstances and obtain a waiver of any recourse against their agents,
storage providers, and subcontractors.
10. RETENTION OF TITLE
We retain full ownership of the delivered goods until full payment of the invoiced price has been received. Title is transferred
upon payment of the final installment.
In the event of non-payment, SNA may repossess the products located at the customer’s premises or in its warehouse
11. INTELLECTUAL PROPERTY
The client warrants to SNA that it holds all exploitation rights relating to the works, in all their components, as contained in the
masters that it submits to SNA for reproduction on the media, and acknowledges that it has paid the rights holders, both French and
foreign, all royalties pertaining to the works.
For works containing musical content, the client must provide SNA with authorization from SACEM/SDRM or the relevant organization in the country concerned
for foreign countries.
No work will be undertaken prior to receipt of this authorization, except for clients with an SDRM contract.
12. JURISDICTION
In the event of a dispute, the Commercial Court of Alençon shall have exclusive jurisdiction.