GENERAL TERMS AND CONDITIONS OF SALE – Version effective as of March 12, 2026
1. Purpose
These General Terms and Conditions of Sale (GTC) define the rights and obligations of LA VIBROPERCUSSION and its Buyer in connection with the sale of goods listed in the company’s catalog. Any order implies the Buyer’s unconditional acceptance of these GTC.
2. Prices
The prices of the goods are quoted in euros, excluding taxes, and are subject to the applicable VAT rate as well as shipping charges in effect on the date of shipment.
Goods are invoiced based on the rates in effect on the date of shipment. These rates are revised annually on July 1 and automatically apply to all shipments made on or after their effective date, including orders placed prior to that date.
LA VIBROPERCUSSION reserves the right to adjust its rates during the year if changes in economic conditions—particularly fluctuations in the costs of raw materials or suppliers—warrant such an adjustment.
Consequently, no order shall entitle the customer to the rates in effect on the date of order placement if shipment occurs after a price change has taken effect.
3. Order
All orders must be confirmed in writing and will result in the sending of an acknowledgment of receipt, which will be deemed accepted if the Buyer does not provide any comments within 48 hours.
The information provided by the Buyer (delivery address, quantity, delivery time, etc.) is the Buyer’s sole responsibility.
Any error, omission, or inconsistency may result in an adjustment to delivery times and/or prices, for which LA VIBROPERCUSSION shall not be held liable.
4. Delivery and Lead Times
Delivery lead times are provided for informational purposes only and are not guaranteed. Any delay, regardless of the cause, shall not give rise to penalties, damages, or cancellation of the order, except in cases of force majeure. Delivery is made either by making the goods available at LA VIBROPERCUSSION’s premises or by shipping them via a carrier designated by LA VIBROPERCUSSION.
In accordance with the provisions of Article L133-3 of the French Commercial Code, the risks associated with transportation are borne entirely by the Buyer, who is required to verify the condition of the goods upon receipt and to submit any reservations in writing at the time of receipt. In the event of damage, missing items, non-conformity, or any other claim regarding the delivered products, the Buyer must submit specific and detailed reservations, which must be notified in writing to LA VIBROPERCUSSION within a maximum of three days from the date of delivery. It is the Buyer’s responsibility to provide any supporting documentation verifying the existence of the observed defects.
5. Returns
Any return of merchandise must be formally agreed upon by LA VIBROPERCUSSION and the Buyer. Return shipping costs are the responsibility of the Buyer, except in cases where the merchandise is acknowledged by LA VIBROPERCUSSION to be defective.
6. Warranty
The goods are covered by a limited warranty providing for the replacement or repair, free of charge, of goods deemed defective by LA VIBROPERCUSSION.
Excluded from the warranty are damages resulting from storage, transportation, handling, or use that does not comply with the instructions provided by LA VIBROPERCUSSION, the nature of the product, or its intended use. LA VIBROPERCUSSION shall not be held liable for indirect damages, business losses, or financial losses.
7. Payment Terms
For all first-time orders, payment is due upon receipt of a pro forma invoice at the time of order. Invoices are payable within 30 days of the end of the month, due on the 15th of the following month. As part of its customer risk management strategy, and due to an increase in unpaid invoices, LA VIBROPERCUSSION works with a credit insurance agency to assess and secure its outstanding receivables. Based on the accounting and financial information at its disposal, this agency may decide to terminate a current credit approval. In this case, LA VIBROPERCUSSION reserves the right to modify the Buyer’s payment terms and to require payment via pro forma invoice prior to shipment for all pending orders.
In the event of late payment, a penalty equal to three times the applicable statutory rate will be applied to the outstanding amount, including tax. A lump-sum indemnity of 40 euros will also be due to cover collection costs.
In the event of total or partial non-payment for the delivered goods, forty-eight hours after a formal notice has gone unanswered, the sale will be automatically terminated by LA VIBROPERCUSSION.
8. Export Provisions
The Buyer remains solely responsible for completing the administrative, customs, and tax formalities required in the country of destination for the goods. In particular, the Buyer is responsible for obtaining any import authorizations and for paying any applicable customs duties, local taxes, and other fees.
LA VIBROPERCUSSION will bill the Buyer for fees related to administrative formalities, including, in particular, the preparation and provision of documents required by the applicable regulations in the destination country.
Unless otherwise expressly agreed in writing by the parties, international sales are conducted under the EXW (Ex Works) Incoterm, in accordance with the rules of the International Chamber of Commerce (Incoterms® in effect as of the date of the order).
Consequently, the risks associated with transportation, as well as the costs related to shipping, insurance, customs duties, and import taxes, shall be borne by the Buyer as of the time the goods are made available.
Any request for LA VIBROPERCUSSION to sign shipping documents or similar documents (including waybills, bills of lading, payment orders, or any other contractual document with a carrier) may only be made with the Buyer’s prior written consent.
The applicable payment terms are those in effect on the date of the order, subject to compliance with applicable laws and regulations, both with respect to international trade and compliance with current legal obligations.
Any request for changes related to an international shipment (including changes to logistics, documentation, or the destination) must be made in writing and expressly accepted by LA VIBROPERCUSSION, and will result in a rate adjustment.
LA VIBROPERCUSSION shall not be held liable in the event of non-performance or delay in the performance of its obligations under these Terms and Conditions, where such non-performance or delay is attributable to a force majeure event as defined in Article 1218 of the Civil Code.
Force majeure refers to any event beyond the control of LA VIBROPERCUSSION that could not reasonably have been foreseen at the time the contract was entered into and whose effects cannot be avoided by appropriate measures, thereby preventing the performance of its obligation. Such events may include, but are not limited to: disruptions in supply chains, administrative or customs restrictions, international conflicts, natural disasters, or large-scale strikes.
9. Retention of Title Clause
LA VIBROPERCUSSION retains ownership of the goods sold until full payment of the price of the goods and related costs has been made. In the event of the Buyer’s receivership or bankruptcy, LA VIBROPERCUSSION reserves the right to recover, within the framework of the insolvency proceedings, any goods sold that remain unpaid.
10. Intellectual Property
All technical documents, drawings, manuals, and any other information provided by LA VIBROPERCUSSION are provided solely to enable the Buyer to assemble and install the equipment and accessories in accordance with best practices.
These documents remain the exclusive property of LA VIBROPERCUSSION and may not be reproduced, distributed, modified, or used for any other purpose without written authorization. Any violation shall result in civil and/or criminal liability on the part of the Buyer.
11. Force Majeure
LA VIBROPERCUSSION shall not be held liable in the event of non-performance or delay in the performance of any of its obligations arising from these General Terms and Conditions of Sale, when such non-performance or delay is attributable to a force majeure event as defined by Article 1218 of the Civil Code.
A force majeure event is any event beyond the debtor’s control that could not reasonably have been foreseen at the time the contract was concluded and whose effects cannot be avoided by appropriate measures, thereby preventing the performance of the debtor’s obligation.
12. Amendments to These Terms and Conditions
LA VIBROPERCUSSION reserves the right to amend these Terms and Conditions at any time. Buyers will be notified of any amendments, which will apply to orders placed after such notification is provided by any written means (email, website, quote, etc.). Orders that have already been confirmed will be governed by the T&Cs in effect on the date of their acceptance. Any order shall constitute the Buyer’s unconditional acceptance of these T&Cs.
13. Jurisdiction
These Terms and Conditions are governed by French law. Any dispute regarding their interpretation or enforcement shall be brought
before the Commercial Court of CLERMONT-FERRAND, unless resolved amicably beforehand.