Goods travel at the Client’s or the consignee’s risks, even if they are sent free of charge.
SPIRIDON shall not be liable whatsoever for the transport of the goods.
Upon foreclosure, any complaint must be made expressly and in writing on the transport document or the delivery receipt on reception of the goods. The Client shall thus open the parcels and verify the goods upon reception, together with the driver.
Delivery modalities :
Unless expressly agreed otherwise by SPIRIDON the legal delivery is meant to occur at SPIRIDON’s registered office.
The actual place of delivery is indicated by the Client on the order form or is the last place known by SPIRIDON unless agrees otherwise.
Times of delivery are only indicative and delay in delivering the goods cannot have consequences whatsoever on the irrevocability of the order or give rise to indemnities or damages.
In case SPIRIDON is materially prevented from delivering the gods, without being responsible for such situation, the Client has the obligation to take delivery of the goods within 8 days after notice of their placing at his disposal by registered mail. Otherwise, the contract shall be automatically terminated at the Client’s fault. In that case, the Client shall pay an amount equal to 30% of the selling price, as damages, notwithstanding reimbursement of al other costs incurred by SPIRIDON (transport, …) and the possibility for SPIRIDON to show a bigger injury.
Conformity – responsibility :
The goods are considered to be conformed to the goods delivered if the Client does not contest expressly and in writing on the transport document or the delivery receipt. Besides, to be taken into consideration, all complaints must be confirmed by registered mail within 48 hours from the reception of the goods, upon foreclosure.
The conformity of the goods shall be examined as regards their handmade aspects. The Client agrees not to be entitled to contest if, for example, the colour, weight or format are note conform to the good that was used as model, since differences, even significant, are contractually accepted.
In compliance with Article 1152 of the Civil Code, the parties expressly agree that if SPIRIDON’s liability is raised, it shall be limited to a reduction of the price invoiced for the goods concerned, proportionally to the gravity of the established fault, and possibly a renunciation of the payment. This indemnity shall entail acceptance by both parties to close definitively the case.
The Client has no recourse against SPIRIDON for non-conformity of the goods to European measures or else, and declares himself sole responsible for possible modifications that would be required to adapt to said measures.
Moreover, the Client agrees to exonerate SPIRIDON of its responsibility for defected goods. It shall pay all indemnities that SPIRIDON S.A. may be requested to pay to a third party on the basis of defected goods and renounces for himself and for his own clients to exercise recourses against SPIRIDON.
The Client will also be sole responsible for modifications to the goods sold by SPIRIDON. SPIRIDON could not be held liable for their non-conform use.