GENERAL TERMS AND CONDITIONS OF SALE

1. Applicability and Enforceability of the General Terms and Conditions of Sale
These general terms and conditions of sale (hereinafter referred to as “GTCS”) are systematically communicated to the customer and apply to all our sales and/or service provisions. They apply to all companies within the MOULINVEST Group, collectively referred to as MOULINVEST in this document. Consequently, placing an order implies full and unconditional acceptance of these GTCS by the customer. In particular, for export orders, the customer expressly agrees to the application of French law to the order.
No special conditions shall prevail over these GTCS without the express and written consent of MOULINVEST.
Any contradictory conditions set by the customer will, unless expressly accepted, be unenforceable against MOULINVEST, regardless of when they were brought to its attention.
MOULINVEST’s failure to invoke any of these GTCS at any given time shall not be construed as a waiver of its right to enforce them subsequently.

2. Orders
Orders are considered final only after written confirmation from MOULINVEST.
A copy of the order confirmations will be sent by MOULINVEST to the customer.

3. Delivery
Delivery is carried out by handing over to a forwarder or carrier at MOULINVEST’s premises or warehouses.
MOULINVEST reserves the right to make deliveries in full or in part.
Delivery times, indicated on the order confirmation, are provided as accurately as possible but are subject to MOULINVEST’s supply and transport capacities.
The delivery date confirmed by MOULINVEST is understood as “ex-works.”
Delivery delays cannot give rise to damages, penalties, withholdings, or order cancellations.
Strikes, fires, floods, supply disruptions, or any circumstances beyond MOULINVEST’s control are considered force majeure events exempting it from any liability.
In such cases, delivery times will automatically be suspended. MOULINVEST will inform the buyer in due course of the aforementioned events. No compensation of any kind will be granted under these circumstances.
In any case, timely delivery is contingent upon the customer being current on its obligations to MOULINVEST, regardless of the reason.
Products are delivered:

EXW, unless otherwise stipulated in the quotation.
In all cases, products travel at the recipient’s risk. In the event of damage or missing items, the recipient must make all necessary observations and confirm its reservations via a formal notice or registered letter with acknowledgment of receipt to the carrier within three days of receiving the goods.

4. Receipt
Without prejudice to measures to be taken against the carrier, claims for visible defects or non-compliance of the delivered product with the order or delivery note must be made in writing within eight days of product receipt.
The customer must provide all proof regarding the existence of the identified defects or anomalies.
If the customer refuses to accept delivered goods, they must notify MOULINVEST by registered letter with acknowledgment of receipt within 48 hours of the delivery, stating their reasons.

5. Returns
No returns will be accepted without prior agreement from MOULINVEST.
Return costs and risks are borne by the buyer.
No returns will be accepted after eight days from the delivery date.
Any accepted return will result in the issuance of a credit note in favor of the buyer after the returned products have been inspected for quality and quantity.
In cases of visible defects or non-conformity of delivered products duly acknowledged by MOULINVEST, the customer may receive compensation, at MOULINVEST’s discretion, excluding any indemnities or damages.
Specific clause for non-professional customers: Individual customers have a withdrawal period of fourteen (14) calendar days from the receipt or collection date of the entire order. All products may be returned except those excluded by law (Article L221-28 of the French Consumer Code), such as unsealed products or products that, after delivery, are mixed inseparably with others.

6. Seller’s Liability – Warranty

Any warranty is excluded in cases of improper use, negligence, or lack of maintenance by the buyer, as well as in cases of normal wear and tear or force majeure. MOULINVEST cannot be held liable for the recipient’s reported quantity of wood, as it has no knowledge of the specific use of the wood it processes.
Due to its natural characteristics, wood may be subject to deformations (cracks, warping) and dimensional variations that do not engage the seller’s liability.

6.1: Work Warranty
The company guarantees the services provided against any wood alteration according to the performance data sheets of the treatment products. These data sheets list the fungi and insects covered under the warranty.
These data sheets comply with current standards, and every customer acknowledges being familiar with them. Peeled and/or planed round beams are considered logs. Even an insecticide/fungicide treatment of class 2 cannot prevent Sirex insect activity on round wood already in use. The absence of xylophagous larvae in such wood is not guaranteed.
The following are excluded from any “warranty”:

Misuse of a product outside its designated service class.
Use of a product not conforming to its normal application.
Treated wood subjected to biological attacks other than those listed in the performance data sheets (e.g., surface mold).
Treated wood that, after treatment, has been notched, drilled, turned, planed (even lightly), or otherwise modified in ways that alter treatment performance.
Inability to establish a connection between the treated batch and the problematic wood; the burden of proof rests with the customer.

6.2: Specific Warranty Applicable to Poles
MOULINVEST guarantees the treatment of poles against all attacks by lignivorous fungi or xylophagous insects. This warranty does not cover wood damaged due to improper storage conditions or mechanical alterations.
The poles manufactured are intended solely for use as supports for overhead electrical or telecommunication lines, according to NF EN 14229 standards. Any post-treatment machining may compromise the treatment quality and release MOULINVEST from liability. This warranty applies only to the affected support and does not cover removal/replacement costs or transport. The buyer is presumed to know and comply with installation standards.

6.3: Specific Warranty Applicable to DECOVERT Products
Goods must be stored in weather-protected areas on stabilized, level ground in ventilated zones. Wood buried or in contact with the ground must never be cut. Any cutting will void the warranty.
No warranty applies in cases of wear and tear, improper use (service class), lack of maintenance, failure to follow installation rules, or non-compliance with current DTU and standards.
The presentation of the treatment certificate and purchase invoice is required to activate the warranty.
In case of damage, MOULINVEST must be systematically informed before any action, failing which the request will not be considered.
Biological alteration affecting less than 3% of the batch is not considered a treatment defect.

6.4: Duty to Advise
Autoclave treatment is preventive, not curative, against fungi and insect attacks.
The exhaustive list of biological threats addressed is available in the performance data sheets acknowledged by the customer.

7. Prices
Products are provided at the prices applicable at the time of order placement.
Prices are stated excluding taxes and on an EXW basis unless otherwise specified in the price offer.
All taxes, duties, fees, or other charges applicable under French or importing/transit country regulations are the buyer’s responsibility.

8. Payment Terms

Invoices are payable at MOULINVEST’s headquarters, regardless of the payment method.
Unless specified otherwise in the order, payment is due 30 days after invoice issuance, end of the calendar month, on the 15th.
No discount is granted for early payment.

9. Late or Non-Payment

In case of late payment, MOULINVEST may suspend all current orders without prejudice to other legal actions.
Failure to pay on any due date renders all other due amounts immediately payable, even if they were subject to installment agreements.
Any amount unpaid by its due date will incur late payment penalties calculated at the European Central Bank refinancing rate in effect on the invoice due date, plus 10%.
These penalties are agreed upon between the parties and require no prior formal notice.
As per Law No. 2012-387, any late payment will incur a fixed compensation fee of €40.

Under no circumstances may payments be suspended or offset without MOULINVEST’s prior written agreement.
Partial payments will be applied first to unsecured amounts, then to the oldest due sums.

10. Payment Guarantees

Any deterioration in the customer’s creditworthiness may justify requiring guarantees, cash payments, or drafts payable at sight before fulfilling received orders.
MOULINVEST also reserves the right to set a credit limit for each buyer and to impose specific payment deadlines or guarantees at any time based on the risks involved.

11. Risk Transfer

Risk transfer occurs as soon as the products leave MOULINVEST’s warehouses.
As a result, the goods travel at the buyer’s risk.

12. Retention of Title (Law No. 80335 of May 12, 1980)

MOULINVEST retains ownership of the goods sold, as specified in this document, until full payment of the principal and additional costs.
Failure to pay any installment may result in the reclamation of the goods.

13. Dispute Resolution

In the event of disputes requiring analysis, only tests conducted by MOULINVEST-designated laboratories will be valid.

The Commercial Court of Puy-en-Velay shall have sole jurisdiction for any disputes of any nature or relating to the execution or interpretation of the order.

14. GDPR Clause

Customer information is subject to computer processing by MOULINVEST and is essential for order processing. Data is stored for security, compliance with legal obligations, and the execution of ordered services.