In the absence of opening a customer account, any delivery will be subject to cash payment upon collection of the Products or will be made against reimbursement. To open a customer account, the Purchaser must provide IWASE COSFA EUROPE with the account opening file completed and signed by a person authorized to bind the Purchaser, accompanied by a Bank Identity Statement (RIB ) of the settlement bank.
The payment conditions indicated on the price offers or acknowledgments of receipt of order issued by IWASE COSFA EUROPE are solely valid and the payment period may not in any case be greater than 45 days end of month or 60 days from the date of payment, date of issue of the invoice, in accordance with the provisions of article L441-10 of the French Commercial Code. Acceptance by IWASE COSFA EUROPE of different payment terms cannot derogate from the other clauses of these general conditions of sale, in particular the jurisdiction clause and the retention of title clause.
No discount will be granted in the event of payment before the due date.
After allocation of a loan, in the event of a deterioration in the Buyer’s financial situation, evidenced by its accounting and financial documents or by any other means tangibly demonstrating this deterioration, IWASE COSFA EUROPE reserves the right to require advance payment or cash payment or payment guarantees for pending or future orders. IWASE COSFA EUROPE may, if it sees fit, in the event of an incident or late payment, suspend or cancel pending or future orders, despite any prior agreement to the contrary and without prejudice to any other remedy.
Payment is deemed to have been made when IWASE COSFA EUROPE has full and irrevocable availability of funds. Thus, the delivery of a check does not constitute payment within the meaning of these GTCS, only its actual and final collection into the IWASE COSFA EUROPE account will be worth payment. In the event of partial shipment, invoices are payable as and when deliveries are made without waiting for the order to be fully satisfied.
Failure to pay a single invoice by the due date, including in the case of partial deliveries, will automatically and without prior notice result in the following consequences:
– The immediate payability of the sums remaining due and / or invoices not yet due on the said due date, with application of a late payment penalty equal to 10%., and the payment of a lump sum indemnity for recovery costs. ” an amount of € 40 (Article L441-10 II of the French Commercial Code)
– The liability, as a penalty clause, of a lump sum compensation equal to 15% of the sums remaining due by the Buyer under this contract on the date on which the default is noted, with a minimum of € 150.
– Payment of all bank and protest charges as well as stamps for drafts issued where bills were not honored.
– The right for IWASE COSFA EUROPE to suspend or cancel without compensation the performance of contracts, orders in progress or contracts in progress if it sees fit without prejudice to all other remedies. The payment of all costs and fees for the intervention of a lawyer, a bailiff or collection company and any legal costs incurred for the recovery of the sums due will be charged to the Buyer without his being able to oppose it.
Failure to pay a due date entails the enforceability of the entire debt, eight (8) working days after sending a formal notice by registered letter with acknowledgment of receipt. In addition, the bank charges or agios that IWASE COSFA EUROPE would have to bear as a result of the postponement of the deadline may be passed on to the Buyer.
IWASE COSFA EUROPE also reserves the right to claim, on simple request, the reimbursement of the costs and disbursements of recovery that it would be required to expose in the event of recovery of the price by judicial means or by any other means, which costs and disbursements will be immediately payable for the amount greater than the flat-rate compensation for recovery costs.
IWASE COSFA EUROPE may also automatically and without formality suspend the execution of orders in progress, proceed to any compensation measure with any remaining sums due to the Purchaser, require payment in cash when ordering and / or the constitution of guarantees. The refusal to comply with them authorizes IWASE COSFA EUROPE to cancel all or part of the orders in progress, without penalty of any kind for the Buyer, and to consider the surplus of the order or the following orders as being automatically terminated, without the need for formal notice and without prejudice to his rights to compensation.
In the event of death, protest, dissolution of company, transfer or cessation of trade, cessation of payment by the Buyer, IWASE COSFA EUROPE reserves the right to terminate the performance of contracts, orders or contracts in progress with or without damage and interest for his benefit. The delivered goods become unavailable, the Buyer will not be able to transform or resell them, any prior authorization automatically ceases to apply.