Terms and Conditions of Sale
1/ General Information
The company SAS Trackap (hereinafter "Trackap"), with a capital of 24,368 €, registered with the R.C.S. of Lille under number 792 350 514 (SIRET: 85185017200012), whose registered office is located at 165 avenue de Bretagne, 59000 Lille, offers its products for sale to professional clients (distributors, resellers, fleet managers, integrators, manufacturers).
Any order placed with Trackap implies the Buyer's unreserved acceptance of these General Terms and Conditions of Sale (hereinafter the "GTC"). These GTC prevail over any other contradictory document. They are applicable to sales in France and internationally.
2/ Orders
Any order is firm and definitive upon signature of the order form or Trackap's email validation. Trackap reserves the right to accept or refuse the order depending on product availability and the Client's solvency.
The order will be processed within twelve (12) weeks unless otherwise agreed in writing.
Any order must specify the product designation, quantity, desired delivery location, and date.
Trackap may refuse to process an order if the Buyer is late in payment or if the order is abnormal given production capacities.
3/ Price
Products are invoiced according to the current price list on the day of the order, communicated to the Client in advance. Prices are exclusive of taxes and include packaging.
Delivery costs (France and abroad) are borne by the Buyer and reinvoiced by Trackap.
Trackap may modify its prices in the event of changes in production costs or raw materials, provided that the Buyer is informed within a reasonable period (unless there is a sudden change in prices). All taxes, duties, and customs duties are borne by the Buyer.
4/ Deliveries
Delivery terms are defined by Trackap. Goods are available ExWorks (Ex-factory) Lille, France. They are shipped to the address defined in the order form.
Trackap is released from its delivery obligation in cases of force majeure (strikes, pandemic, war, attacks, etc.) or client fault. No change in delivery terms can occur without prior agreement.
5/ Receipt
It is the Buyer's responsibility to check the conformity of the products upon receipt. Any claim concerning apparent defects or conformity must be sent by mail to Trackap's head office within two (2) weeks following the delivery of the products, with justification of the anomalies.
The Buyer must not intervene himself to repair defects.
In the event of transport damage, the Buyer must make reservations on the transport receipt and confirm them by registered letter to the carrier within three (3) working days, with a copy to Trackap (Art. L.133-3 of the Commercial Code).
Any product return requires Trackap's agreement.
6/ Storage
The Buyer must ensure that products are stored away from humidity and handled with care. Trackap will not be responsible for quality defects due to unsuitable storage conditions.
7/ Retention of title clause
Products remain the property of Trackap until full and effective payment. In case of non-payment, Trackap may demand the return of the products at the Buyer's expense.
The risks of loss or damage are transferred to the Buyer upon delivery. The Buyer may neither pledge the products nor transfer ownership as collateral.
8/ Intellectual Property
Trackap retains all industrial and intellectual property rights over brands, products, designs, models, and technical documentation. No modification of the products is authorized without Trackap's written agreement.
9/ Liability and Warranty
The warranty is limited to the replacement or reimbursement of non-compliant products or those affected by a hidden defect (material, design, manufacturing defect). It covers parts and labor.
The warranty is excluded in cases of misuse, negligence, lack of maintenance, normal wear and tear, force majeure, or modification of the product (in particular, resale of transformed products).
10/ Payment Terms
Invoices are payable at the registered office (165 avenue de Bretagne, 59000 Lille). The payment period is 30 calendar days from the invoice date, unless otherwise specified.
Deposits and specific conditions:
- First order (Distributor/Manufacturer): 50% upon order, balance before delivery.
- Subsequent orders: 30% upon order, balance before delivery.
- Export (Outside France): 100% of the total amount upon order.
- United Kingdom: 50% upon order, balance before delivery.
Late payment:
Any delay will result in the application of late payment interest (rate equal to 3 times the legal interest rate) and a fixed recovery indemnity of €40. Non-payment makes all outstanding invoices immediately due, authorizes Trackap to suspend deliveries, and may result in service interruption.
11/ Disputes
In the event of a partial dispute regarding an invoice, only the disputed amount may be withheld; the balance must be paid. No compensation or deduction is authorized without Trackap's agreement.
Any dispute relating to Trackap's sales falls within the jurisdiction of the Commercial Court of Lille. French law is solely applicable.