GENERAL CONDITIONS OF SALE Resulting from recommendation n°06-01 of March 3, 2006 of the CCPC (JONC of April 18, 2006 P. 2684)
The Commercial Practices Advisory Commission recommends that suppliers of products or services in New Caledonia adopt general conditions of sale established according to the needs of each, based on the model proposed below:
1 - Conclusion of the contract
Any order of products implies unreserved acceptance of these general conditions of sale, supplemented or amended by our special conditions, which cancel any contrary clause that may appear in the conditions of purchase, order forms, or other commercial documents.
2 - Price
The goods are invoiced at the rate in force on the day the order is placed.
The general tariff is appended to these conditions. Prices may be revised subject to prior information of 30 days.
3 - Delivery
Delivery is made either by direct delivery of the product to the purchaser, or by notice of availability, or by delivery to a shipper or carrier at the seller's premises or at any other designated premises.
The verification of the goods by the buyer must be carried out at the time of their taking over.
In the event of damage or missing items, complaints about apparent defects or the non-compliance of the product delivered, the buyer will issue clear and precise reservations which he will notify within three days of the delivery date. in writing to the seller or carrier. It will be up to the buyer to provide any justification as to the reality of the anomalies observed.
4 - Delivery times
Delivery times are indicated according to supply availability.
Except in cases of force majeure (war, riot, fire, total or partial strike.), in the event of a delay in delivery for a period greater than .... after the indicative delivery date, the buyer will have the option of cancel his order, without being able to claim any compensation whatsoever.
5 - Returns
Any product return must be the subject of a formal agreement between the seller and the purchaser.
The seller will take the greatest care in the execution of the order and the quality of the products. In the event of a defect recognized by the seller, the latter's obligation shall be limited to the replacement or reimbursement of the defective quantities, without further compensation. Excluded from the warranty are defects and damage resulting from storage, handling,
transport or use in abnormal conditions or not in conformity with the nature, the prescriptions, the suitability for use of the product.
7 – Payment
Unless otherwise specified, invoices are payable from the date of delivery. In the event of late payment, the seller may suspend all orders in progress. Any amount not paid on the due date appearing on the invoice automatically entails the application of penalties of an amount equal to one and a half times1 the legal interest. These penalties will be due upon simple request from the seller.
No discount is accepted for early payment. A discount of .... is granted for any cash payment.
8 - Termination clause
In the event of non-payment, forty-eight hours after a formal notice remained unsuccessful, the sale will be automatically terminated by the seller who may request the return of the products in summary proceedings without prejudice to any other damages. The sums remaining due for other deliveries will become immediately payable if the seller does not opt for the resolution of the corresponding orders.
9 - Retention of title
The goods sold remain the property of the seller until full payment of their price. However, the risks relating to the goods will be transferred to the buyer or the carrier, upon physical delivery of the products.
10 - Attribution of jurisdiction
These conditions cancel and replace the previously applicable conditions. Any dispute relating to the present will be the jurisdiction of the Mixed Commercial Court of Nouméa.
Warning: This standard model of general conditions of sale does not in any way bind the administration. It is up to professionals to ensure that their GCS comply with the provisions of amended deliberation no. 14 of 6/10/2004.
1 The new article 74 has increased the minimum rate of late payment penalties to three times the current legal interest rate.