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Updated on January 1, 2025.
These general terms and conditions of sale apply exclusively to all current and future business relationships
between ITW Spraytec® and its customers. Any terms and conditions stipulated by the customer that are inconsistent with these general terms and conditions
will be rejected unless ITW Spraytec® has expressly acknowledged their applicability in writing.
PREAMBLE
ITW Spraytec attaches the utmost importance to the quality of service provided to its customers. Therefore, ITW Spraytec is committed to processing orders placed with its services in accordance with the following terms and conditions:
OFFER
Products and services are invoiced based on the prices offered by ITW Spraytec® and accepted by the customer, in effect on the date of the order. Unless otherwise agreed by ITW Spraytec®, a minimum order is required:
› Minimum for the first order: €5,000 excluding VAT (pro forma).
› Minimum order: €500 excluding VAT after discount in mainland France and €1,000 excluding VAT for French overseas departments and territories ( DOM – TOM) or export.
› Free delivery: €1,000 excluding VAT.
› Contribution to transport costs: €75 excluding VAT (for any order between €500 and €999 excluding VAT, after discount).
DELIVERY
The delivery time indicated when the order is placed is for informational purposes only and is not guaranteed. Exceeding this time will not, in principle, entitle the buyer to compensation. Delivery is made by direct handover of the goods to the buyer. In the event of missing or damaged goods during transport, the buyer must make all necessary specific and detailed reservations on the signed delivery note upon receipt of said goods. These reservations must also be confirmed in writing within 48 hours of delivery by registered mail with return receipt requested. Unless otherwise specified by contract for international transactions, including overseas territories , goods are delivered CPT ( Cost, Delivery, and Post). In the absence of specific and detailed reservations on the signed delivery note, the delivery will be considered compliant with the delivery note and accepted by the customer.
TRANSPORT
TW Spraytec® handles the transport of products, except for exports and special requests, and assumes responsibility in case of loss or damage. These products are carefully inspected and packaged before shipment; therefore, it is the customer’s responsibility to carry out all checks and make any reservations with the carrier. ITW Spraytec® undertakes to replace products in the event of a justified claim with specific and detailed reservations noted on the signed delivery receipt.
PAYMENT
Payment terms are determined by mutual agreement between ITW Spraytec® and its customers. Payments must be sent to ITW Spraytec®’s head office. The customer agrees to submit any commercial complaints within 10 days of receiving the invoice to allow for processing before the payment due date. The customer also agrees that failure to pay an installment will result in:
› The immediate payment of all outstanding amounts, regardless of the payment methods and deadlines initially agreed upon.
› The payment of late payment penalties at a rate equal to three times the legal interest rate, and authorizes ITW Spraytec® to suspend further deliveries or services.
› The payment of a fixed recovery fee of €40 per invoice.
› No discount will be given for cash payments.
RETENTION OF TITLE
Products sold by ITW Spraytec® remain its property until full and final payment of the price by the customer. The customer therefore agrees not to sell, pledge, or modify the products in any way before final payment. The transfer of risk will occur upon delivery of the products to the carrier for deliveries within the national territory. INCOTERMS rules will apply on a case-by-case basis for all deliveries outside the national territory.
ITW Spraytec® guarantees that goods conform to the required technical specifications and meet all safety and environmental protection requirements. ITW Spraytec® is committed to informing the customer, by all appropriate means, of the product’s conditions of use and the precautions to be taken. Before using the product, ITW Spraytec® recommends that its customers ensure it is exactly suited to the intended application by conducting preliminary tests if necessary, thus protecting themselves against any liabilities and risks. If, despite all care taken, the product is found to be defective or exhibits an apparent defect or safety flaw, the guarantee is only applicable if the buyer has fulfilled the general obligations of this contract and, in particular, the payment terms. The guarantee obligation does not apply in cases of improper storage, user error, negligence, recklessness, lack of supervision or maintenance, or failure to follow instructions for use or application. ITW Spraytec® also excludes liability for incidents resulting from unforeseen circumstances or force majeure. The warranty period is indicated on our products.
LIMITATION OF LIABILITY
ITW Spraytec®’s total liability to the customer arising from or related to this Agreement, whether based on warranty, strict or fault, statutory liability, or otherwise, shall be limited to the amount paid to ITW Spraytec® for the products in question. In no event shall the amount of damages exceed one hundred thousand euros (€100,000), whether arising from one or more claims. Whether due to breach of contract, warranty, condition, tort, strict liability, statute or otherwise, ITW Spraytec® shall in no event be liable to the customer for any special, intangible, indirect or incidental damages (including loss of revenue or profits, loss of contract, loss of data, interruption of use or cost of acquiring substitute products) or for the payment of any punitive or exemplary damages.
EXPORTATION
Certain products, due to their origin or nature, are subject to national or international regulations restricting export or re-export. Consequently, ITW Spraytec® and the customer agree to take all necessary steps to comply with or enforce these regulations.
JURISDICTION
ITW Spraytec® and the client agree to make every effort to resolve amicably any dispute that may arise between them. Failing this, ITW Spraytec® elects domicile at its registered office, and the Commercial Court of Hauts-de-Seine (92000 Nanterre ) shall have sole jurisdiction, regardless of the nature, cause, or connection of the dispute. French law shall be exclusively applicable.
REGULATIONS ON THE PROTECTION OF PERSONAL DATA ( GDPR )
ITW Spraytec is committed to protecting and ensuring the security and confidentiality of its customers’ personal data in accordance with the GDPR , in particular by taking all necessary precautions to prevent this data from being distorted, damaged, or accessed by unauthorized third parties. Specifically, customers’ personal data may be transmitted to service providers and contractual partners who, as data processors within the meaning of the GDPR , are directly involved in and contribute to order management and for whom access to the personal data provided by the customer when creating and using their account (name, postal address, telephone number, email address) is absolutely necessary. In accordance with the GDPR , the customer has the right to access, rectify, and object to the processing of their personal data. To exercise one or more of the Data Protection Rights, the customer must send a request by email via serviceclient@itwpc.com or by writing to the company’s address, indicating their name, surname, email address and customer references.