General Terms of Sale — simplified web version
The essentials of our Terms of Sale in a few minutes: how an order works, what we guarantee, and how invoices are settled.
This page is a reading aid, with no contractual value. Only the full documents are binding: the common core and the Terms of Sale, and the French version alone prevails (the English PDFs are courtesy translations). If in doubt, or in case of any difference, always refer to them.
1From proposal to order
Art. 2 to 4- Commercial proposalScope, quantities, prices, lead times, remarks. Valid for 7 days.
- Your orderIt refers to the proposal.
- Our order acknowledgement (OA)It conclusively sets quantities, prices, lead times and technical remarks.
- Order acceptedAbsent written contestation within the period, on the terms of the OA.
OA conforming to the proposal
You have 48 business hours from the sending of the OA to flag any divergence in writing.Modified OA
We must notify each modification explicitly and in writing. You then have 72 business hours to contest it. A modification not notified is not enforceable against you.- Prices in euros excluding tax, plus VAT and transport. We invoice at the OA prices. Art. 3
- As long as it has not been accepted, a proposal may be revised (energy, material, rates, internal technical contingencies). Art. 2.2
- Remarks stated on the proposal and on the OA are contractual. Art. 2.1
- Only writing binds, for you as for us: a request made by phone or during a visit counts only once confirmed in writing. Common core art. 3.4
2What we undertake
Art. 5We deliver parts compliant with the contractual documents, assessed part by part against those documents alone.
✔ What counts
- Special Terms (accepted proposal, OA…)
- Dimensioned drawings
- Your written specifications
- Standards expressly referenced on those documents
✘ What cannot be invoked against us
- “Good workmanship practice”, “state of the art”, trade usages
- Internal standards or implicit expectations
- A characteristic that is not dimensioned
- A sample part or specimen, unless mentioned on the order / OA or a certified gauge
- Freedom of means: processes, machines, organisation and subcontracting are our choice, as long as the delivered part conforms. Art. 5.6
- You warrant the accuracy of your drawings and that they infringe no third-party right. Art. 5.4 · 5.7
- Fitness for end use and functional definition remain your responsibility, unless a design assignment is entrusted to and invoiced by us. Art. 5.5
- Duty to advise: we flag any manifest inconsistency we detect in your documents. Art. 5.8
3Material and parts you entrust to us
Art. 6 · 7- They remain your property and it is up to you to insure them. Declare their value when handing them over. Art. 6.1 · 6.6
- Our price does not include their value: in the event of proven fault, our liability is capped at the pre-tax amount of the service (save gross or wilful misconduct). Art. 6.6
- If the non-conformity stems from the material provided, the scrap is borne by you and the work performed remains due. Art. 7.1
- Storage in a covered workshop, with neither temperature nor humidity regulated. Storage fees possible beyond 30 days; custody may end after 6 months without collection. Art. 6.4
- Offcuts and chips are not returned, unless requested in writing on the order. Art. 6.5
4Lead times and deliveries
Art. 8Lead times are indicative, unless confirmed as “firm” on the OA. In the event of a delay on our part on a firm lead time:
- AlertWe warn you as early as possible and re-plan together. No penalty.
- Grace period5 business days to make up the delay. No penalty.
- Penalty0.3 % of the pre-tax amount of the delayed fraction per business day, capped at 5 %. Sole compensation due for the delay.
- Partial deliveries: we may ship and invoice as production progresses. You may refuse or postpone a partial delivery by e-mail when the delivery note is sent. Art. 8.3
- A complete order delivered within the confirmed lead time must be shipped and invoiced. Art. 8.4
- Sold ex works: risk passes to you upon availability (another Incoterm may be agreed). Art. 8.6
- Transport damage or shortage: precise reservations on the delivery note, confirmed in writing within 5 business days. Art. 8.7
5Receipt and inspection
Art. 9Our parts are made to measure for professionals: inspection on receipt, before any use, is essential.
| Situation | What you do | Period |
|---|---|---|
| Transport damage or shortage | Reservations on the delivery note, then written confirmation | 5 business days |
| Deviation on a stable characteristic (quantity, reference, revision, dimension, thread, geometry) | Inspection and reasoned written claim | 15 business days, and before any use |
| Defect on an alterable characteristic (surface finish, appearance, scratches, impacts, oxidation) | Written reservations before any handling | On receipt |
| Defect not detectable on receipt | Written claim upon discovery | 15 business days, within the 3-month warranty |
After these periods, you lose the benefit of the contractual guarantees for the event concerned. A single 10-business-day extension of the inspection may be requested in writing before the initial period ends (25 business days maximum). Art. 9.1 · 9.2
- Use amounts to acceptance: fitting, integration, functional testing or destructive inspection amount to use, save prior written agreement. Using part of a lot amounts, unless proven otherwise, to acceptance of the whole lot for defects detectable on receipt. Art. 9.3
- As soon as a defect is found: stop using the parts, inform us and keep them as they are for examination. Art. 9.3 · 9.5 · 9.6
- We have the right to propose a solution (rework, sorting, re-manufacture…): 24 business hours in a characterised emergency, 48 to 72 business hours otherwise. Art. 9.7
- A derogation request receives an answer within 5 business days; failing which, it is deemed accepted. Art. 9.8
6Warranty
Art. 10- 3 months from delivery, for defects not detectable during the receipt inspection.
- Defect to be notified in writing within 15 business days of its discovery.
- Proven non-conformity attributable to us: we take back or replace the parts at our expense.
- Excluded in particular: indirect losses, normal wear, non-compliant storage or use, defects arising from your drawings or materials.
7Invoicing and payment
Art. 11 · 12How to pay
- Bank transfer only — cheques are not accepted. The date retained is that of receipt of the funds. Art. 11.1
- 🔒 Banking vigilance: our bank details are only those on the invoice. Any change of IBAN announced another way must be checked by calling a known MECA8760 contact. Art. 11.1
- No discount for early payment. A down payment may be requested case by case. Art. 11.3 · 11.4
- Each partial delivery is invoiced on its date, with its own due date. Art. 11.5
When to pay
- New customerPro forma or payment on order, until €5,000 excl. tax has been invoiced in total.
- Thereafter30 days net, by default.
- 30 days end of month on the 15thOnly by negotiated, formalised derogation.
- Over 12 months without an invoiceBack to pro forma for the next order.
In the event of late payment
- 1 to 5 business daysSimple reminder.
- Beyond 5 business daysFormal notice, penalties, suspension of deliveries and ongoing services.
- 15 days after formal noticeAcceleration, termination clause, retention of title, debt recovery.
- Late-payment penalties due as of right (ECB rate + 10 points, at least 3 times the statutory rate) and a fixed €40 indemnity per invoice. Art. 12.1 · 12.2
- Beyond a second payment incident within a rolling 12 months, the third tier applies immediately and a return to pro forma may be required. Art. 12.4
- We retain ownership of the parts until full payment. Art. 12.11
- A claim does not suspend payment: invoice and dispute are handled separately. If we owe you a sum, we refund it by bank transfer. No withholding or unilateral set-off. Art. 12.12 · 12.13
8Cancelling an order (withdrawal)
Art. 13You may withdraw in writing from all or part of an accepted order. The costs actually incurred (material, subcontracting, tooling, programming, hours already worked) are then due, plus an indemnity depending on the date of withdrawal:
| Withdrawal received in writing | Withdrawal indemnity |
|---|---|
| More than 30 days before delivery | 10 % of the pre-tax amount |
| From 30 to 16 days | 25 % of the pre-tax amount |
| From 15 to 8 days | 40 % of the pre-tax amount |
| From 7 to 4 days | 60 % of the pre-tax amount |
| 3 days or less, or parts already made | Withdrawal not possible — due at 100 % |
- The total may not exceed 100 % of the pre-tax amount of the order. No indemnity if the withdrawal results from a breach on our part.
- Specific parts (made to your drawings) are neither taken back nor exchanged, save proven fault on our part.
Reminder: this summary does not replace the full documents. It deliberately simplifies and does not cover every clause (liability, confidentiality, force majeure, jurisdiction…). The Terms of Sale are read together with the common core; if in doubt or in case of any difference, only the full documents are binding, and the French version alone prevails.