Art. 1 Formation of the Contract :
Our Suppliers' price tariffs are those which are in force on the day of the order. Our offers are made with no obligation, and are only firm after written acceptance. The sale is concluded when the order received has been confirmed in writing by us, or we perform it by sending the goods and the invoice.
Any order implies acceptance of our Standard Term Sale Conditions, despite any stipulation to the contrary which may appear in our customers' Standard Term Purchase Conditions.
If there is a special clause in the order, it must be confirmed in our order form, or by letter to be valid.

Art. 2 Goods
The Goods are sold in sound, merchantable and fair condition, as delivered by the Suppliers and under their liability.

Art. 3 Prices
Our prices are set exclusive of tax in Euro, net, without discount, ex-warehouse. The cost and freight prices given only have an indicatory value. The cost and freight offers are confirmed by pro forma and calculated on a 20 ft bases.

Art. 4 Payment
Our invoices are payable cash on delivery. Any time-limits given run from the date of the delivery of the goods and cannot, in any circumstances, exceed 30 days from the 10 day delivery period for perishable food stuffs, 30 days from the end of the month of delivery for alcoholic beverages subject to excise duties under article 403 of the General Tax Code (sparkling wine, sweet wines, rums), and 75 days from the date of delivery for alcoholic beverages which are subject to distribution taxes under article 438 of the General Tax Code (other wines, ciders, perry, sparkling grape drink).
In default of payment on the due date, the sums will attract interest under art. 1153 of the Civil Code at the legal rate, increased by 50% without this adversely affecting the debt's demandability. The benchmark rate will be the rate in force on the day that the Standard Term Sale Conditions are use.
There will be no discount for a cash payment.
With regards to goods which are paid by irrevocable letters of credit, these must be opened prior to any shipment, and confirmed by a first rate French bank.

Art. 5 Retention of title clause
In accordance with the article of the Act Nº N 80.335 of May 12 1980, we retain the title in the goods sold until the full payment of the price, in principal and interest. The risks inherent in the goods pass to the buyer on leaving the warehouse.
The Buyer can use the goods before complete payment if they are used in his manufacturing cycle. In these circumstances, the Buyer undertakes to assign, up until the full payment of the invoice, all or part of what he holds over his own debtors, for the value of the goods subject to the retention of title clause.

Art 6. Deliveries
Full instructions must be given for each delivery. Instructions of a general and permanent nature are not permitted. The goods are sold uninsured and travel at the Consignee's risks. Before taking delivery, please check the condition and the number of the parcels, and, in the event of shortage or deterioration please make all usual reserves to the Carrier. Delivery time-limits have an indicatory value only, and cannot bind our company.

Art.7 Complaints
Complaints cannot be made to our company after a period of three days following the Buyer's or his Agent's taking delivery of the goods. Complaints must be substantiated and be made by recorded delivery letter with acknowledgment of receipt.

Art. 8 Guarantee and liability
Our liability is restricted to the liability acknowledged by the factories.
Please Note : Any bulging or suspect cans, or cans which appear to be suspect must be immediately withdrawn from consumption. We draw our customers' attention to this, who will be fully liable before the relevant authorities, and to third parties, if this requirement is not complied with. The suspect cans must be returned to us or be the subject of a destruction certificate issued by the official departments, with our prior agreement, within 6 months of invoicing. Requests for reimbursement will not be taken into account beyond this time-limit.

Art. 9 Force majeure
Any fortuitous happening or force majeure suffered by our Company, or our suppliers may be of a nature which only enables us to partially execute any agreement or order, or to suspend the execution without prior notice or indemnity. If, in such a case, we suspend the execution of the agreement, and, if within one month following this notification we are unable to give the Buyer a new delivery date, the Buyer will be entitled to cancel the agreement or the order for the quantity of goods which could not be shipped to him because of the said force majeure.

Art. 10 Clause attributing jurisdiction
This sale is governed by French law.
Any dispute between the Parties will be for the express jurisdiction of the Marseille Commercial Court.