General Terms and Conditions of Sale
Article 1 — General provisions
These general terms and conditions of sale govern the relationship between TUBESCA-COMABI and its business customers who are resellers (hereinafter referred to as ‘the Purchaser(s)’) in respect of deliveries within France.
1.1 The general terms and conditions of sale applicable to each order are those set out either in the catalogue, or appended to the current price list, or on the invoice.
1.2 By placing an order, the buyer fully and unreservedly accepts these general terms and conditions of sale of our company (hereinafter referred to as ‘the Seller’).
1.3 Any other documents, such as prospectuses, catalogues, leaflets, advertisements, information and illustrations issued by the Seller, are for guidance only.
Consequently, none of the terms set out in correspondence or purchase orders issued by the Purchaser may derogate from these provisions, unless otherwise expressly stipulated in the Seller’s quotations or acceptance. In particular, the general terms and conditions of sale shall take precedence over the general terms and conditions of purchase, unless the Seller expressly agrees otherwise.
1.4 Quotations issued by the Seller are valid for one month from the date of issue. The benefit of the quotation is strictly personal to the Buyer and may not be transferred without the Seller’s consent.
No order shall be deemed final until it has been confirmed in writing by the Seller. Only the information contained in the latter will be regarded as valid. Any dispute regarding the details set out in the order confirmation must be raised in writing (by email or fax) by the Purchaser within 24 hours of receipt, failing which the right to raise such a dispute shall be forfeited.
1.5 After 24 hours, no amendments or cancellations of orders for standard or special products will be accepted unless expressly agreed by the Seller. Any additions to an order will be treated as a new order.
1.6 Any tooling costs incurred in connection with a special manufacture shall be borne in full by the Purchaser, as shall any non-standard materials and supplies procured.
1.7 Any deposits paid shall be retained by the Seller in the event of cancellation of the order, by way of damages, without prejudice to the Seller’s right to demand that the sale go ahead.
1.8 The Seller reserves the right to make any changes to its products that it deems necessary or appropriate, without any obligation to apply such changes to goods that have already been delivered or are on order.
1.9 Due to the administrative costs involved in processing orders, we are unable to accept orders totalling less than €50 excluding VAT. This amount is our minimum order value (excluding postage and packaging).
1.10 The Seller reserves the right to cancel an order even after it has been confirmed, if the payment guarantees provided by the Buyer appear insufficient to the Seller, and no claim for compensation may be made against the Seller in this regard.
1.11 A flat-rate contribution of €100 towards design costs will be charged for any quotation for a non-standard product. This deposit may be deducted from the original quotation if the order is confirmed within 3 months of the quotation being issued.
1.12 The Seller reserves the right, as an independent business, to subcontract all or part of the Buyer’s order.
Article 2 — Delivery – terms and lead times
Goods are deemed to have been delivered upon handover to the transport carrier responsible for transporting them to the location specified on the order confirmation. Delivery of the order is on a ‘free on board’ basis. The Purchaser or the Purchaser’s customer is responsible for the safety unloading of deliveries. This is provided subject to the following financial terms, unless otherwise stated in the order confirmation and for delivery to mainland France:
2.1 Franco
Free delivery is offered for orders of €2,000 net (excluding VAT) or more, delivered to a single point of sale specified by the Buyer.
2.2 Delivery charges
For any order totalling less than €2,000 net (excluding VAT), a contribution towards the cost of transport will be applied in accordance with the following base of calculation: a flat rate of €85 net (excluding VAT), with a minimum charge of €50 net (excluding VAT), or a flat rate of €20 net (excluding VAT) for any order sent by post.
2.3 In the case of direct delivery to the Buyer’s customers (including worksites), a flat-rate charge of €80 (excluding VAT) will be applied in all cases, irrespective of the delivery charges set out in clause 2.2.
Special circumstances resulting in additional charges: in the event of missing or incorrect information relating to a delivery (e.g. incorrect address, contact details or telephone number), the additional cost incurred in redelivering the item will be charged. The Buyer’s customer may collect their order from one of our warehouses in accordance with the terms and conditions set out by the Seller.
The purchaser, or where applicable their customer in the event of direct delivery, must ensure in advance that they have suitable unloading facilities. If this is not the case, the additional cost incurred will be invoiced. Delivery times are provided for guidance only. Consequently, a delay in delivery shall not render the Seller liable to any penalties or claims for damages unless such penalties or damages have been expressly agreed between the Seller and the Buyer.
Article 3 — Prices and invoicing
Unless otherwise expressly agreed at the time of order confirmation, products are supplied and invoiced at the price in force at the time the order is placed. For items subject to quotation and special installations, prices quoted on the bases of information available on the date specified in the order confirmation are subject to revision to take account of official changes to material and wage indices.
Unless otherwise stated in the order confirmation, prices are exclusive of VAT and do not include standard packaging or transport. Any taxes and customs duties levied in a foreign country are to be borne exclusively by the Buyer. It is expressly agreed that the price of the products shall always be quoted in euros.
Article 4 — Transport
All transport, insurance, customs and handling operations are at the Buyer’s own risks, even in the case of carriage paid deliveries. Consequently, the Seller shall not be held liable in this regard, and in particular for the choice of transport in accordance with the Incoterms agreed with the Buyer.
Consequently, the goods are carried at the Buyer’s own risks, notwithstanding the provisions relating to retention of title and payment of the transport charges. No clause specifying special delivery terms may be regarded as an exception to this rule.
Article 5 — Reservations
We would like to remind you that all deliveries (even those made directly to your customer’s premises) must be subject to a thorough inspection upon unloading:
• Checking the number of parcels,
• Checking the details of your equipment against the consignment note,
• Checking the condition of goods received, even if they are wrapped in cling film.
What to do in the event of a dispute:
• In the event of a dispute relating to transport (damage or missing goods), reservations must be noted on the consignment note, the receipt or the carrier’s CMR consignment note and must be specified in detail, i.e. they must state the reference, the quantity and a description of the dispute.
• If you have raised unspecified reservations, you then have 72 hours from the date of delivery to clarify and provide further details (specify) regarding the dispute:
— by sending the carrier a registered letter with return receipt, stating the delivery note number, the reference, the quantity and a description of the dispute
— AND by sending an email to [email protected], providing the same details as before, as well as the name of your distributor if you are a user.
In the absence of any reservations regarding quality or quantity on the carrier’s receipt, the claim will be rejected in accordance with French straight (Article L.133-3 of the Commercial Code), which does not recognise hidden damage.
General disclaimers or statements such as ‘subject to unpacking’ have no legal validity and will not be taken into account by either the transport insurers or our company.
Article 6 — Guarantee
Goods are guaranteed against all manufacturing defects for the period indicated in the catalogues and prices in force on the day of the order. In the event of a defect or hidden defect, the guarantee is limited to the repair (return to our workshops) or replacement of any part found to be defective, at the Seller’s discretion, to the exclusion of any refund or compensation in respect of associated costs, in particular labour and/or replacement costs, costs arising from the downtime of the equipment and/or damages.
Important: Please keep your proof of purchase (invoice or delivery note) in a safe place, as you will be asked to provide it in order to claim under the guarantee. Interventions under guarantee do not extend the guarantee period. For a claim under the guarantee to be processed, the defective product or part must first be returned to the Seller, at the Buyer’s expense. This will be accepted once the Seller has confirmed that the product is defective. In the event of a complaint, the Purchaser shall under no circumstances be straight to delay payment or to make any deduction from the sums due.
Article 7 — Limitation of liability clause
The Seller shall not be held liable for any defects or damage caused by natural wear and tear, external accidents, incorrect assembly, poor service / maintenance, abnormal and/or improper use (such as overloading…), or any modification, repair and/or integration of the product that has not been authorised and accepted by the Seller. Furthermore, the Seller’s liability is limited to defects in its products, but does not extend to defects arising from the integration or addition of its products to those of other suppliers.
It is the Buyer’s responsibility to check that the product is fit for its intended purpose, as the Buyer is responsible for both the intended use and the conditions of use and resale of the delivered product. Under no circumstances shall the Seller be held liable for any loss or damage arising from the use of the goods or in connection with such use or this sale. Under no circumstances shall the Seller be liable for indirect damages, including, but not limited to, loss of business or profit, indirect losses or consequential damages of any kind whatsoever, suffered by the Buyer or by any third party. In any event, the amount of damages payable to the Buyer shall be limited to the purchase price of the products in question.
Article 8 — Regulations
8.1 Terms and Conditions
Each order will be invoiced and is payable in full, including the principal amount, charges and taxes. The Buyer shall bear the costs associated with the chosen method of payment.
Unless otherwise agreed in advance, all invoices are payable in accordance with the statutory terms and time limits, by way of a bill of exchange accepted and drawn on a bank. Bills of exchange sent for acceptance must be returned accepted within fifteen days.
Payment terms are strictly 60 days net. Where a cash discount is granted, this will be stated on the invoice. A cash payment is a payment received by the seller within 10 days of the invoice being issued. The discount rate is set at 0.3 per cent of the total invoice amount.
8.2 Late payment or non-payment
In the event of refusal to accept or non-payment of a bill of exchange upon its maturity, the Seller’s entire claim shall become immediately due and payable, regardless of the method of payment chosen, with statutory interest, agios, and return and recovery costs being borne by the debtor. In the event of late payment, the Seller may suspend all outstanding orders. Failure to pay may result in the automatic termination of the sale at the Seller’s discretion; the Seller shall then be released from any obligation towards the Buyer and authorised to repossess any goods for which payment has not yet been made. The decision may apply not only to the order in question but also to all previous or current unpaid orders, whether they have been delivered or are in the process of being delivered, and whether or not payment is due.
8.3 Late payment penalties
Any sums due shall, from the first day on which the payment date stated on the invoice is exceeded, be subject to penalties amounting to three (3) times the statutory interest rate calculated on the amount due, including VAT, following prior formal notice. Interest is payable in full for any calendar month that has commenced. Failure by the Customer to fulfil their payment obligations shall automatically render them liable to pay a fixed compensation sum of 40 euros (excluding VAT) to cover recovery costs, on the understanding that TUBESCA-COMABI reserves the right to claim additional compensation should the costs incurred be higher.
Article 9 — Retention of title
The Seller shall retain ownership of the goods or items included in the order until the Buyer has paid the full price stipulated by the agreed due date. Consequently, the transfer of ownership will only take place once the Seller has received payment of the purchase price for this sale. In the event of failure to pay the price by the agreed due date, the Seller may repossess the goods; the sale shall be automatically rescinded at the Seller’s discretion; and any deposits already paid shall be retained by the Seller as consideration for the Buyer’s use of the goods.
Transfer of risks: the goods shall remain the property of the Seller until full payment of their price, but the Buyer shall become liable for them upon physical delivery, as the transfer of possession entails the transfer of risks; the Buyer therefore undertakes to take out, with immediate effect, an insurance policy covering the risks of loss, theft or destruction of the specified goods.
The Buyer undertakes personally to the Seller not to dispose of the goods purchased in any way whatsoever – whether by way of full ownership or by creating a charge – until the price has been paid in full. In any event, should the Buyer resell the goods, either as they are or after processing, incorporation, etc., the Buyer undertakes to transfer to the Seller the price paid by the subsequent purchasers, up to the amount of the outstanding balance due for the goods.
Should the Buyer refuse to return the unpaid goods or to pay their price, a simple interim order shall constitute termination of the sale and authorisation to repossess the goods or to recover their price in the event that the Buyer has resold them.
Article 10 — Returns
Returns will not be accepted without the prior written agreement of the seller's sales department.
If the return is accepted by the seller's sales department, the following conditions will apply:
• No returns will be accepted without an authorised return notice. You must request a collection authorisation from customer services before returning the item.
• Items in new condition, in their original packaging and delivered less than 15 days ago
• Postage and packaging to be paid by the Buyer
• The credit will only be issued once the goods have been received and inspected:
– if the equipment is new: a standard 20 per cent discount is applied
– if the equipment is damaged: a 50 per cent discount is applied
• BESPOKE PRODUCTS: Under no circumstances will hoop ladders, MODUL'ACCESS products, made-to-order products or non-catalogue products be accepted for return or exchange.
Article 11 — Copyright and Industrial Property Rights
All rights in the goods, mock-ups, drawings, photographs and logos are vested in the Seller and must not be transferred, copied, published or transmitted without the Seller’s prior written consent.
Article 12 — Force majeure
Any circumstance beyond the Seller’s control, such as a strike, lock-out (including amongst suppliers and/or subcontractors), fire, mechanical breakdown, war or riots, legislative measures, or the absence or delay of suppliers and/or subcontractors resulting in a delay in deliveries, shall entitle the Seller to postpone the delivery date, reduce or cancel the order, without the Buyer being entitled to claim any compensation in this regard.
Article 13 — Protection of personal data
The Seller collects and processes Buyers’ personal data in accordance with the regulation in force governing personal data and with the Privacy Policy it has drawn up, which completes these general terms and conditions of sale and forms an integral part thereof. In this regard, the Purchaser is invited to visit our website at www.tubesca-comabi.com
Article 14 — Jurisdiction and governing law clause
In the event of a dispute, the Commercial Court of the Seller’s registered office shall, by express agreement, have exclusive jurisdiction, regardless of the place of delivery, the method of payment accepted, or in the event of a guarantee claim or multiple defendants. French law remains the sole applicable law.
Article 15 — GDPR
As part of our business relationship, we would like to inform you that we operate under the passive opt-out principle as regulated by the CNIL. Consequently, the contact details you provide when contacting us or tracking your order will automatically be added to our mailing lists for commercial and marketing purposes. To stop receiving adverts, you must send us a request directly via the dedicated email address [email protected].
Registration number in the building work register: FR304437_04NEEM
Date of the last update to the Terms and Conditions: 1 September 2026