General terms of Sales

I. MAIN CLAUSE
These General Terms and Conditions apply to all sales of our products, and prevail over any and all other terms and conditions of purchase, unless otherwise expressly agreed and signed in writing by ourselves.
They were updated on 1 October 2022, supersede the previous Terms and Conditions of a prior date and may be changed without prior notice.

II. CONFIDENTIALITY
All designs, plans, drawings or documents which are provided or sent by MELJAC remain the property of same; in any case and for any reason, they may not be disclosed to third parties, under penalty of damages.

III. CONTRACT FORMATION
An order may only be registered and give rise to a MELJAC purchase order if:

(i) It occurs subsequent to the issuance of a quotation: it must be approved by returning it to the MELJAC sales department dated, signed and marked “good for agreement” (mandatory for private customers). Our quotations are valid for 2 months from date of issue.
(ii) It is duly written in the form of a Purchase Order on letterhead for companies, with the name and signature of the requester.
(iii) All items necessary for production have been supplied to the MELJAC sales department:
a. Feasibility and diagrams of engraving dated and signed with the words “good for agreement” appearing thereon
b. Equipment to be adorned in the case of an order for a plate as casing for equipment not supplied by MELJAC

Manufacturing lead times run only from the time when points (i), (ii) and (iii) are observed and the order is accepted by MELJAC.
This order implies acceptance of the prices in effect on the order date, and the terms of any rebate or trade discount granted.
For any order giving rise to a production order, no change or cancellation may be made after 48 hours. Within this time span we accept only 2 changes to the same order, which corresponds to one change every 24 hours.
After 48 hours of issuance of the initial order, no change or cancellation may be considered and a new quotation will need to be approved prior to conversion into a new order. This new order will naturally be reintegrated into the production priorities as of the new order date.
Similarly, no goods may be returned unless specifically agreed with the person in charge of the commercial offer.

IV. DELIVERY
Owing to the craftsmanship involved in manufacturing the order, the average lead times are provided for general guidance purposes only and may not constitute a binding contractual agreement: a minimum of between 6 and 8 weeks for standard equipment in certain collections (Classique collection); special equipment will be assessed on a case by case basis. Quotations provide an approximate shipping date in weeks and this date may be confirmed or reviewed when the purchase order is sent.
We use our best endeavours to meet the shipping dates indicated. Any delays do not entitle the buyer to cancel the sale, refuse the goods, or claim damages. In any event, we may not be held liable:
(i) If the payment terms specified are not adhered to
(ii) If information necessary for the execution of orders is not provided to us in good time
(iii) In the event of a delay by our own suppliers, unforeseen events, etc.
In such conditions, no penalty for late shipment may be accepted by MELJAC, except in specific cases and subject to prior written agreement.

V. RETENTION OF TITLE
MELJAC retains ownership of goods sold until effective payment of the full price in principal and accessories.
Failure to pay any one of the instalments may lead to repossession of the goods concerned by MELJAC. After 6 months from order execution and the first reminder to pay the remaining balance on the order, MELJAC shall proceed with order cancellation, reintegration (where possible) of the products/components to stocks and shall retain the deposit already paid by way of compensation.

VI. PRICES – TERMS OF PAYMENT
The prices set by MELJAC are exclusive of VAT and in euro; their term of validity is clearly indicated.
Shipping fees are not included in the price (prices are quoted EXW (ICC INCOTERMS 2000): Ex Works).
MELJAC reserves the right to amend them without notice at any time, in particular due to raw material price fluctuation.
An initial minimum payment of 30% of the full order price will apply for all firm orders placed. Payment will be 100% of the full order price in the case of orders equal to or under 500 euro including VAT.
Payment of the remaining balance shall be made before order shipment or collection, according to the shipping terms specified on order confirmation.
Any other payment terms shall be mentioned beforehand on a contractual document issued by MELJAC and signed by the client. In the event of any change to the legal or financial situation of the client, we reserve the right, even after partial execution of the order, to require guarantees to continue its execution.
The terms of payment shall be endorsed and accepted when the order is placed, including payment of the deposit, under penalty of delaying order registration.
Any delay in the settlement of a previous order may halt any new order or suspend any existing order until complete settlement of the requester’s account, without prejudice to any other course of action.
In the event of postponed shipment through the client’s fault, storage charges may be invoiced.

VII. GUARANTEE
MELJAC’s guarantee covers its products against any defect in design, material and/or workmanship for a period of 24 months under the following conditions:
– Any apparent defect must imperatively be reported to MELJAC upon receipt of the goods;
– Any malfunction must be revealed or be reported to MELJAC within a maximum period of 7 days as from shipment, it being specified that the product must be used in accordance with its intended purpose and nature.
Upon expiry of the above periods, the buyer shall no longer be entitled to enforce the guarantee. This period of 24 months runs from the shipment date.
The client shall be required to inform MELJAC by providing explanations about the defect encountered, illustrated with photos. MELJAC may, if necessary, request that the product in question be returned to its premises for inspection.
It is understood that the above guarantee is excluded in the following cases:
(i) in the event of installation that does not comply with professional standards and practices or the technical instructions (where such instructions exist), and in the event of abnormal, improper or inappropriate use of the product given its nature and/or contractual purpose;
(ii) in the event, after shipment, of lack of/defective storage and/or misstorage, maintenance, conservation or custody required by the nature and/or contractual purpose of the product,
in particular climatic conditions, hydrometric conditions, temperature, light, poorly protected warehouse (this list is not limitative).
The client also acknowledges being informed that surface treatments are likely to change over time according to the conditions referred to in subparagraph (ii) above. Such potential changes are not guaranteed.

MELJAC’s liability is expressly limited to the guarantees and reservations defined above and may under no circumstances be sought or engaged due to incidents and/or accidents caused to people or items in the event of abnormal installation and/or use or installation or use that is ill-suited to the purpose or nature of our products. Our liability is in any event financially limited to the amount (VAT excluded) of the product(s) or materials under investigation.
The above contractual guarantee shall in no way be construed as limiting the French legal guarantees.

VIII. RESOLUTIVE CLAUSE
In the event of non-execution of their obligations by either party, the contract governed by these General Terms and Conditions of Sale shall be terminated ipso jure to the benefit of the other party, without prejudice or damages that might be claimed by the defaulting party.
Termination shall take effect 15 days after written notice thereof has been sent by registered post with acknowledgement of receipt and remains unsuccessful.

IX. ATTRIBUTION OF JURISDICTION
Any dispute regarding the conclusion, execution or interpretation of the contract and sales which could not be resolved amicably shall be referred to the exclusive jurisdiction of the Commercial Court of Paris, which is expressly granted jurisdiction.

X. ACCEPTANCE AND OBJECTION
The present General Terms and Conditions of Sale constitute an element of contract.
MELJAC clients shall be deemed to have accepted such Terms and Conditions unless reservations are made at the time of the order.