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1. Scope

All our purchases are made in accordance with the terms and conditions set out below. They take precedence over any and all terms and conditions of sale that may be asserted against them. By executing the whole or part of an order, the Supplier is deemed to have agreed to our terms and conditions of purchase and our special terms and conditions.

No amendment of these terms and conditions will be taken into account unless set out in a rider to this order to which we have agreed.


2. Industrial property

Drawings and documents that are provided ON A CONFIDENTIAL BASIS for the execution of an order remain the property of our company.

The Supplier undertakes never to provide anyone with information, specifications, drawings, goods or manufacturing details relating to our company’s calls for tenders and orders.

The unauthorised use of the foregoing by a third party would constitute copyright infringement for which legal action could be taken.

When our contractual relationship ends, the Supplier shall return all of the foregoing elements in its possession to our company.

The Supplier shall hold our company harmless against any and all industrial property claims made by a third party in respect of products delivered to us by the Supplier, regardless of the place of delivery, and undertakes to replace our company in the event of legal action.


3. Contract formation

Any amendment to the terms and conditions of our order must reach us within six working days of the date the order was sent; after this time, the Supplier will be deemed to have unreservedly accepted all of the terms and conditions of our order. Any counter-proposal or clause to the contrary appearing on your acknowledgement of receipt will automatically be deemed null and void unless formally agreed to by our company.


4. Transfer

Orders placed by us may only be passed on to a subcontractor with our prior written agreement.


5. Prices – Purchasing costs

Purchase prices are firm and not subject to adjustment until the products have been delivered. Prices are NET, including discounts, stated in Euro and exclude VAT. Goods must be delivered carriage and packaging PAID to our plant in Stains. Should carriage or insurance costs be payable by our company, the Supplier undertakes to obtain the lowest rates and prices possible on our behalf.


6. Delivery times, terms and conditions

The delivery time stated on our order MUST BE MET. No forbearance by our company, regardless of its duration or frequency, will in any way be considered as acceptance of a late delivery, and our company reserves the right to charge our Supplier penalties for late delivery.


7. Deliveries

Deliveries must be made IN A SINGLE INSTALMENT on the date stated in the order, exclusively to our plant acceptance office at 152 Avenue de Stalingrad, 93240 Stains, on Mondays to Thursdays between 07:30 and 11:45 and between 13:00 and 16:45 and on Fridays between 07:30 and 11:30, excluding Saturdays, Sundays and public holidays. The Supplier must issue a Delivery Note either before or with each delivery, containing the name and exact address of the addressee, the number and date of our order, the shipment method used and the delivery items (order number, Kremlin Rexson item code, description and quantities), as well as details of the package and the weight of each package; otherwise, the delivery will be refused. If our company is not the addressee, the original Delivery Note must be sent to the addressee and a duplicate to our Purchasing Department. The Supplier must include the Certificate of Compliance (for orders that require such a certificate); otherwise, the date of acceptance may be delayed accordingly.


8. Checks and acceptance

The Supplier must check and certify that products duly conform to applicable technical specifications and the regulations and/or directives in force. Delivered products must conform to all specifications stipulated in our orders. They must comply with all of the specifications, technical memos, standards and specifications imposed by our Design Office, which the Supplier confirms it has read.

In the context of a regular, standard order, any change affecting the quality, dimensions or appearance of the product must be notified to us upon receipt of the order. Deliveries will be accepted at our company or at the premises of the addressee stipulated in our order.

Any and all products that do not conform to the specifications of our orders will be rejected and returned to the Supplier, carriage forward.

As verification of the dimensions and appearance of products upon acceptance is not compulsory and will not systematically be carried out, our company reserves the right to accept or reject products which we discover to be faulty or to contain latent defects, regardless of when the products were delivered.

The Supplier will be notified of any non-conformity and must replace the supplies at its expense as soon as reasonably practicable.

In the event of a partial delivery, you must propose a dispatch date for the remaining products or offer to close the order after such partial delivery on your Delivery Note.


9. REACH compliance

European Regulation concerning chemicals (Further information can be found on our website)

The Supplier undertakes to:

-     ensure that the products delivered to us comply with the Reach Regulation;

-     provide us with all information on the Products delivered to us, particularly the updated safety data sheets including all information that could affect a risk assessment (relating to Product hazards, authorisations that have been denied or restrictions that have been imposed, etc.);

-     certify to our company that the substances concerned by the REACH Regulation that are included in its products have been pre-registered;

-     provide us with the relevant pre-registration number and the registration number if the products have since been registered;

-     inform us at least six months before the legal deadline if a product is taken off the market, replaced or its composition is changed.

For our part, we will not be liable should the Supplier breach its general information obligation.


10. No silicon

(Further information can be found on our website)

The use of silicones, including traces thereof, is not compatible with the use of Kremlin Rexson equipment.

Our Purchasing Department must be informed if any products contain silicon or derivative products (family of polysiloxanes) in the form of a mould coating, lubricant, additive, sealant or filler, whether in pulverised, liquid, oil or post-polymerisation solidified form, so that it can, exceptionally, authorise the inclusion thereof in our products.

It is the Supplier’s responsibility to ensure that no goods or services contain or involve silicone, particularly if the Supplier uses the services of a sub-subcontractor.


11. Invoicing

The corresponding invoice containing the information included in the Delivery Note must be sent to our Accounts Department within 48 HOURS.


12. Payment

Goods that have been ACCEPTED by our Control Department will be paid for at our registered office in Stains by bank transfer, promissory note or accepted bill of exchange issued by us by the 15th day of the month following the month of delivery, plus 30 or 45 days.


13. Reservations

If the Supplier fails to agree to or to comply with even a single provision of these general terms and conditions of purchase or any special terms and conditions that depart from these terms and conditions, we reserve the right, at our discretion, to:

-    cancel the whole or part of our order, apply penalties or enforce execution of the order by letter sent by recorded delivery with acknowledgement of receipt;

-    reject the delivery or return the delivered goods at the expense and risk of the Supplier;

-    store the merchandise for up to 30 days after having given the Supplier notice that the merchandise is at its disposal and, after this time, scrap the merchandise without the Supplier being entitled to take any action in that respect.


14. Governing law – Jurisdiction

It is expressly agreed that any dispute will be settled in accordance with French law, to the exclusion of the provisions of the Vienna Convention.

The Commercial Court of Paris will have exclusive jurisdiction, even if there is more than one defendant.