January 2022

1. Preamble

All firm orders, which have been expressly accepted by our company, imply acceptance by the purchaser of these general terms and conditions of sale, to the exclusion of all other provisions, and in particular our customers' general terms and conditions of purchase.

2. Offers

Only written and referenced offers are binding on PIERCAN.

3. Orders - prices

PIERCAN's price lists are available to the customer and will be sent on request. Prices are always quoted exclusive of tax. Prices are updated on January 1st of each year. In the event of a significant rise in the price of raw materials during the year, price adjustments may be made.
Due to production contingencies, PIERCAN may, in rare cases, apply a tolerance (positive or negative) to quantities ordered.
For the Gloves and Sleeves range, a processing fee of €35 excluding VAT will be charged for any order under €150.For the Plastics range, small series fees will be applied. These are 50 € for series of 6 to 29 units and 70 € for series of 1 to 5 units.
Short gloves, ELS range, are sold in packs and multiples of 30 gloves.
Glove box gloves in natural rubber and Neoprene are sold in packs of 20 units, glove box gloves in all other materials are sold in packs of 10 units. Single cuffs are sold in 10-unit packs; cuffs with ring and seals or fitted with a safety ring are sold in 4-unit packs.
For decontaminated/sterilized glove and cuff packaging, please contact us.

4. Delivery

For deliveries in mainland France, goods are shipped carriage paid for orders over €1,000 excluding VAT. A flat-rate shipping charge of €18.17 will be applied for orders under €1,000 excluding VAT and delivered in mainland France. Goods, even when shipped carriage paid, always travel at the consignee's risk.

5. Responsibility

Technical recommendations concerning the compatibility of elastomers with chemical products are given purely as an indication and do not engage PIERCAN's responsibility in any way.
Returns of gloves must be accompanied by the pre-expertise questionnaire. Otherwise, returns will not be examined by the Quality department (notably for reasons of staff safety). In the event of delivery of products that do not conform to the order specifications, the seller's liability is strictly limited to the obligation to replace the defective goods or to issue a credit note, to the exclusion of all damages and interest.
Under no circumstances shall PIERCAN be held contractually liable, nor shall the purchaser be entitled to claim damages for late delivery.
The storage quality of rubber articles and their expiry date are guaranteed as long as the articles are stored in an opaque-faced pouch and in their original carton, and in accordance with the conditions defined in the instruction leaflet.
Shelf life and delivery conditions are defined in the table below:

6. Major force

All registered orders include a reservation authorizing PIERCAN to suspend, without compensation, the commitments made in the following cases: strikes, lockouts, fires, bad weather, pandemics and other cases of force majeure occurring at PIERCAN as well as at its own suppliers.

7. Payment

Invoices are payable at PIERCAN's head office. In general, payment may be made by cheque or bank transfer. Payment is deemed to have been made as soon as PIERCAN has full availability of the funds, the consideration for the sale.
Payment terms are 30 days from date of invoice, and there is no discount for early payment.

By express agreement, non-payment of our supplies on the due date will automatically entail:
- Suspension of our deliveries,
- Immediate payment of all sums due,
- Late payment penalties based on a rate equal to 3 ½ times the legal interest rate (article L.441-6 of the French Commercial Code),
- Cancellation of our deliveries,
- Cancellation of our orders. of the French Commercial Code),
- Payment of a fixed indemnity of 10% of the debt due, as a penalty clause,
- Payment of a fixed indemnity of €40, without prejudice to the payment of an additional indemnity in the event that the collection costs incurred exceed this amount (Decree 2012-1115 of October 2, 2012).

8. Retention of title clause

Any order placed with our company implies acceptance by the customer of the retention of title clause in accordance with the provisions of article L.621-122 of the French Commercial Code: goods supplied will remain the property of the supplier until full payment has been received. In the event that payment is not made within the stipulated period, the supplier reserves the right to physically repossess the goods delivered in any place or hands where they are located.
In the event of resale of the goods before full payment has been made to PIERCAN, the customer undertakes to inform the sub-purchaser of the reservation of ownership to which the goods are subject.

9. Jurisdiction

For any dispute, whatever its nature, relating to a sale by the company PIERCAN, and notwithstanding any stipulation to the contrary, the commercial court of the seller's registered office shall have sole jurisdiction. For goods intended for export, the applicable law is French law.