Sales Terms & Conditions

I. General clause :

Our sales are subject to these general terms and conditions, which take precedence over any purchase conditions, unless we expressly waive them.
“CODE OF THE ROAD: Bodywork is carried out in accordance with the Highway Code in force.

II. Privacy :

Studies, plans, drawings and documents delivered or sent by us remain our property: they may not be communicated to third parties for any reason whatsoever by the purchaser.

III. Contract formation :

When a quotation is drawn up by us, it constitutes the special conditions which modify or supplement the present general conditions. In the event of an order received from the purchaser, it will not be considered as definitively accepted by us until acceptance, which in this case will constitute the special conditions.

IV. Delivery and transport :

Unless otherwise agreed, delivery is deemed to have taken place in our factories or warehouses. If delivery is delayed for a reason beyond our control, it will be deemed to have been made on the date of availability.
Unless otherwise agreed, the purchaser is responsible for insuring the costs and risks of transporting the goods sold after delivery.

V. Used vehicle trade-in :

If the sale of the vehicle is linked to the trade-in of a used vehicle, this is subject to delivery of the vehicle. Prior to the conclusion of the sales contract, the trade-in vehicle will be the subject of a joint valuation sheet signed by both parties and recorded on the order form.
The purchaser undertakes to deliver the used vehicle no later than the day of delivery of the new vehicle, in a condition conforming to the appraisal sheet and free of any pledge. Failing this, the seller may demand payment of the price corresponding to the agreed trade-in value, before proceeding with delivery of the new vehicle.
In the event of cancellation or termination of the sales contract, the trade-in of the used vehicle will be cancelled outright.

VI. Reservation of ownership :

The seller retains ownership of the goods sold until payment of the full price in principal and accessory. Failure to pay on any of the due dates may result in the goods being reclaimed. These provisions do not preclude the transfer to the buyer of the risks of loss and deterioration of the goods sold, as well as any damage they may cause, upon delivery.

VII. Prices, payment terms, penalties :

Prices are stipulated exclusive of tax; their nature (firm or revisable) and amounts are specified in the special conditions.
Unless otherwise stipulated, payment is due on the date the vehicle or goods are made available.
In the event of payment in instalments, and in the event of non-payment on any one of the instalments, the other instalments shall become immediately due and payable, even if they have given rise to bills of exchange.
In addition, as a penalty clause and in application of legal provisions, the purchaser will automatically be liable to pay a penalty for late payment, calculated by applying an interest rate equal to 1.5 times the legal interest rate to all outstanding sums.
A flat-rate indemnity of €40 will be applied for collection costs in the event of late payment.

VIII. Order cancellation :

In the event of cancellation of the order by the customer, 10% of the order amount including VAT will be due.

IX. Bodywork warranty :

The conditions set out below only apply to the bodywork.
They do not extend to the floor-cab or chassis-cab, nor to accessories (GPS, hands-free kit, DVD player, etc., which are not made by Théault), which are the responsibility and subject to the conditions of their manufacturers.
The warranty does not cover damage to transported goods, whatever the cause.
Goods sold are guaranteed against any malfunction resulting from a material, manufacturing or design defect.
The malfunction must appear within a period of 36 months from delivery for a use of the good defined in the order.
The warranty does not apply to:

• If the defective material or design originates from the purchaser.
• If the malfunction is the result of unauthorized work on the product.
• Si le fonctionnement défectueux provient de l’usure normale du bien ou d’une négligence ou défaut d’entretien de la part de l’acheteur ainsi que d’une utilisation contraire à la notice fournie par le vendeur.
• If the malfunction is the result of force majeure.
• On bodywork floor and wheel-arch linings considered a wear surface.

Under this warranty, the seller will replace free of charge any parts found to be defective by its technical services. This warranty covers the cost of labor, disassembly and reassembly.
Replacement of parts does not extend the period specified in the above paragraph. Furthermore, if shipment of the goods is delayed for a reason beyond the control of the seller, the starting point of the warranty period is postponed, but this postponement may not exceed 1 month.
By express agreement between the parties, the seller’s liability resulting from a malfunction of the good is limited to the preceding provisions, particularly with regard to hidden defects and immaterial damage.
Warranty clauses painting of the bodywork by Théault, the cab being the responsibility of the manufacturer. In addition to the contractual warranty, GSC Théault warrants your original bodywork for 3 years from the invoice date against defects in paint and varnish, provided that :

• GSC Théault or its representative to repair all or part of the paint or varnish.
• strict compliance with washing conditions (see vehicle maintenance manual) and GSC Théault standards for all repairs.

To continue to benefit from the GSC Théault paint warranty, you must repair, at your own expense, any damage due to external causes within two months of its discovery.
Items not covered by the paint warranty are :

• Damage caused by the environment (atmospheric, chemical, animal or plant fallout, sand, salt, stone chips, hail, floods and other external factors, whether accidental or not).
• Negligence on the part of the user, late presentation of the defect to be eliminated or failure to follow GSC Théault’s recommendations.
• Damage resulting from events not covered by the contractual warranty.
• The consequences of repairs, transformations or modifications carried out by companies not approved by GSC Théault.
• Warranty work must be completed within 2 months of notification to GSC Théault.

X. Sole resolutory clause :

In the event of non-performance of its obligations by one party, the present contract will be terminated ipso jure in favor of the other party, without prejudice to any damages that may be claimed from the defaulting party.
Termination will take effect 8 days after prior formal notice.

XI. Dispute resolution :

Any dispute relating to the present sale, even in the event of recourse in warranty or plurality of defendants, will be in the absence of amicable agreement of the exclusive competence of the commercial court in the jurisdiction of which is the domicile of the seller: TRIBUNAL DE COUTANCES.
SIRET number: 409 751 542 RCS COUTANCES
VAT number: FR22409751542
Orias number: 20007344