General termes of sales

VERSION OCTOBER 2023

Buyers placing orders are deemed to have agreed to these general terms of sale.

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1/ Formation of the contract

The contract between the parties is only deemed effective and agreed when MARREL confirms the order in the form of an acknowledgement of receipt. Order cancellations received after the acknowledgment of receipt has been issued shall not be admissible, barring MARREL’s express and formal agreement.

2/ Designs and plans supplied by the vendor

The intellectual and industrial property rights pertaining to the plans and designs supplied by MARREL, either at the talks stage or when entering into the contract, remain the property of the vendor and shall be restored to it on request.
They may not be disclosed or reproduced without MARREL’s express and formal permission.


3/ Order modification

In case the buyer asks to change the model or specification of the order:
This will be accepted by the vendor up to 12 working weeks before the confirmed delivery of the goods.
In the event of modification within a period of less than 12 weeks before the equipment is made available, the seller reserves the right to refuse the modification or to carry out additional costing which must be validated in advance by the buyer.

4/ Order cancellation

In case the buyer asks to cancel the order:
5% of the total amount of the order will be charge to the buyer if the cancellation occurs more than 12 working weeks before the confirmed delivery of the goods.
15% of the total amount of the order will be charge to the buyer if the cancellation occurs less than 12 working weeks before the confirmed delivery of the goods.


5/ Delivery


The standard delivery of the goods is EXW in accordance to Incoterms 2020 Andrézieux-Bouthéon, France.
The delivery dates provided by the vendor are intended as a guide and are not contractually binding. In case of delayed delivery, no compensation is due, nor can the buyer cancel the order.
The buyer undertakes to collect the goods within a period of 15 days after the date of availability. In case the buyer exceeds this period, storage fees could be charged by the vendor.


6/ Price

Prices are agreed in Euros, to whom it applies exclusive of VAT and any other applicable duties or taxes. The incoterm reference is EXW – Incoterms 2020, Andrézieux-Bouthéon, France. Transport costs not included.


7/ Invoicing

The goods will be invoiced when collected by the buyer (or when the material is dispatched in the case of a different Incoterm), not later than 10 working days after the material is made available by the vendor on its site in Andrézieux-Bouthéon. This date of availability cannot be before the date of availability confirmed by the vendor at the order acceptance.

8/ Terms of payment

Standard Payments must be done within 30 days after the invoice date.

Depending on the specificity of the equipment ordered, a deposit will generally be requested when ordering,

Failure to pay any sums owing at the aforesaid times will render all amounts the buyer owes the vendor immediately due; the vendor may additionally, without notice, suspend any order that has yet to be delivered.

Interest on such sums will be charged from the contractual due date at 3 times the current official rate of interest of the ECB

In the event of late payment, a fix indemnity of 40 € shall be charged (Article L441-3 and Article L441-6 French Code of Commerce), all costs and expenses engaged for debt collection and recovery shall be borne by the buyer, without prejudice to any other costs and/or damages.


9/ Warranty


All new equipment sold by MARREL come with a 12-month warranty taking effect on the day of registering on the MARREL website.
Spare parts manufactured by MARREL come with a 6-month warranty and hydraulic components or accessories which are not produced by MARREL come with the warranty granted by their manufacturer.
Spare parts sold by MARREL come with a 6-month warranty.
Warranty on the replaced parts follows the warranty of the equipment.
The vendor does not guarantee the equipment in case of use of non-compatible and non-original parts.
An optional extension of the warranty is possible, to be agreed between the parties when ordering.
No award is possible on vehicle immobilization time and the parts (flexible hoses, bushing, wedges, oil and filters) are excluded of the warranty. The warranty only covers normal use of the product in accordance with its intended purpose during one shift (8 hours a day).
The warranty only covers hidden defects affecting the product supplied by MARREL, to the exclusion of any other cause of loss or damage. The vendor’s liability is strictly limited to replacing defective parts. The warranty only covers material damage to the goods sold to the exclusion of any other consequential loss or moral prejudice, including but not limited to operating losses, damage by accident, inexperience, overloading, failure to observe load distribution etc.
All these terms are valid unless if buyer complies with the following conditions:

10/ Return of equipment to MARREL


No return of equipment will be accepted without prior agreement from MARREL. Packaging and outbound transport costs remain at the charge of the customer. A discount of 20% of the material value (excluding taxes) will be systematically applied to cover administrative costs, return processing and initial preparation. An additional reduction may be applied depending on the condition of the returned equipment. Return transport will be the responsibility of the customer. A credit note will be sent to the customer.

11/ Retention of title and transfer of risk


Ownership of the equipment covered by this contract reverts to the buyer only when full payment to the vendor has been executed.
After the agreed payment term, warranty can only be claimed after full payment of the goods to the vendor.
Since the risk is transferred to the buyer as soon as the goods are made available (EXW – Incoterm 2020), the buyer shall be liable for any damage sustained or caused by said goods for as long they are at the vendors place or in transit. For other negotiated incoterms, transfer of risks according to the applicable rules.

12/ Termination


If the buyer fails to pay the full price, this sale will be canceled and void if formal notice to comply, served by the vendor in a registered letter with acknowledgement of receipt, is not answered within 10 days after reception. The buyer shall return the goods immediately at its own expense.

13/ Governing law and jurisdiction


All disputes shall be referred exclusively to the Commercial Court of SAINT-ETIENNE. The contract is exclusively subject to French law.