Terms and Conditions
1. SCOPE OF APPLICATION
All our deliveries are made under 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 specific general terms and conditions of the customer, such as general terms and conditions of purchase, is excluded, even if SNA does not explicitly contest them.
2. EXECUTION OF THE ORDER
To be valid, all orders must be confirmed in writing, dated and signed by the customer. The customer undertakes to provide SNA with all the information necessary for the execution of the order: Certificates from collective management societies for phonographic rights, such as the SDRM in France or the relevant organization in the country concerned for foreign countries. Proof of ownership of video exploitation rights.
3. DELAYS
The delivery times given are for information purposes only and any delays do not entitle the buyer to cancel orders, refuse goods or claim damages. Cases of force majeure release SNA from its obligations, including but not limited to: war, natural disaster, partial or total strike, or shortage. The agreed delivery times shall be extended by the duration of the disruption.
4. SHIPPING
Our shipments are always sent at the recipient's risk and expense. Materials are only insured at the customer's request and expense. Unless otherwise specified by the customer, shipments are made using an appropriate shipping method and standard packaging. It is the customer's responsibility to check the products upon arrival and, in the presence of the carrier, to make any necessary reservations to ensure that the delivery has been made in accordance with the order. To be valid, any reservations regarding the delivery must be stated on the consignment note.
5. TRANSFER OF RISKS
The transfer of risks to the customer occurs on the date of delivery of the goods to the transport company if SNA is responsible for shipping, or to the customer themselves if they are responsible for collecting the goods from our factory.
6. PRICES – INVOICING
Our supplies are invoiced based on the rates in effect on the day of delivery. Our quotes are to be considered estimates. In particular, with regard to start-up work (photoengraving, printing, electroplating), additional costs may be invoiced 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 redo the engraving, nor do we cover so-called digital engravings. After a period of three years following the last replenishment, the galvanic material will be destroyed.
7. PAYMENT
All our invoices are payable at our head office.
Unless otherwise agreed, our invoices are payable in cash, net and without discount.
In the event of the creation of drafts for payment on agreed due dates, the buyer shall be required to accept them and return them within 48 hours of receipt.
In the event of a discount (with our agreement) for cash payment, this will be deducted from our taxable turnover; the amount of VAT that may be deductible by you must therefore be reduced by the amount relating to the discount.
In the event of late payment, in accordance with Article L 441-6 of the French Commercial Code, compensation calculated on the basis of three times the legal interest rate in force and a fixed compensation fee of €40 for recovery costs will be payable.
By express agreement and unless a deferral has been requested in good time and granted by SNA, failure to pay for our supplies by the agreed due date will result in:
All sums due becoming immediately payable, regardless of the method of payment provided for (by accepted or unaccepted draft).
The suspension or cancellation of current orders without prejudice.
The payment of damages and a penalty clause equal to 15% of the sums due, in addition to legal interest and any legal costs.
8. STORAGE OF ELEMENTS
Manufacturing source elements (Mastering/DTP) provided by the customer on physical media (CD-R, hard drive, USB key) may be returned upon written request and at the customer's expense. Without a request from the customer and at the end of two years following the last order for the product concerned, these elements will be destroyed without prior notice. It follows from this last point that the sources provided must be copies. Source elements received by digital transfer (FTP, email, etc.) are deleted from our servers after the product has been manufactured, without SNA having to make a prior request to its customer. If this is not done within this period, all products delivered will be deemed to be compliant. It is the customer's responsibility to provide SNA with evidence of the anomaly observed. No returns will be accepted without our agreement. SNA's warranty is limited to the replacement of defective products only. If repair is not possible, reimbursement will be made on the basis of the “ex-works” price (no transport costs or customs duties will be reimbursed). The defective part of a delivery cannot justify its total rejection. Any commercial use of these goods entails the buyer's waiver of any right of claim.
9. GUARANTEES
Goods of any kind belonging to customers stored on our premises for work or other purposes shall not give rise to any liability on our part for accidents of any kind caused by or involving them. Customers, who alone know the market value of their goods, must insure their goods and objects in all conditions and obtain a waiver of any recourse against their employees, warehouse keepers, and subcontractors.
10. RETENTION OF TITLE
We retain full ownership of the goods delivered until full payment of the invoiced price. Transfer of ownership takes place upon payment of the final installment. In the event of non-payment, SNA may take back the products located at the customer's premises or in its warehouse.
11. INTELLECTUAL PROPERTY
The customer guarantees SNA that they hold all exploitation rights relating to the works, in all their components, as contained on the masters they provide to SNA for reproduction on the media, and acknowledges that they have paid all royalties relating to the works to the rights holders, both French and foreign. For works containing music, the customer must provide SNA with authorization from SACEM/SDRM or the relevant foreign organization. No work will be undertaken before this authorization is received, except for customers with an SDRM contract.
12. JURISDICTION
In the event of a dispute, the Commercial Court of Alençon shall have sole jurisdiction.