These general terms and conditions of sale apply to all offers issued and orders confirmed and sent by EFA France. Similarly, any order automatically implies the buyer’s unreserved acceptance of all the conditions set out in this document and their waiver of any stipulation in their general conditions that may be incompatible with our own clauses.

1. Scope of the contract

1. Orders are only definitively accepted once they have been confirmed in writing by EFA France. No firm order may be modified or cancelled without our agreement.

2. If EFA agrees to a cancellation or postponement, an order modification or cancellation fee will be charged. Cancellation fees of at least €100 per order or €15 per modified line will be applied. In the event that cancellation charges are applied by the supplier/manufacturer to EFA, all such charges will be passed on to the purchaser.

3. In the event of postponement of an order, storage charges will be applied, amounting to 3.5% per month, of the value of the goods stored per month, for the duration of the postponement.

4. The weights, dimensions, capacities, prices and other information given in catalogues, brochures, advertisements and on the website are for guidance only. This information is only binding if the contract expressly refers to it.

5. Unless otherwise stated, the prices of the materials contained in our proposals are valid for a period of 2 weeks after the date on which they were made. Where EFA France has issued an offer, the prices and conditions of that offer relate exclusively to the products (quality and quantity) specified therein.

6. Documents relating to the offer, such as illustrations, drawings, weights and measurements, are only approximate unless expressly designated as binding. We reserve all proprietary rights and copyrights to quotations, drawings and other documents. They must not be made accessible to third parties. We undertake not to make plans designated as confidential by the customer available to third parties unless the customer has given us permission to do so.

2. Prices, orders, invoices and payments

1. Prices are determined for each firm order based solely on the quantities specified therein.
2. If the quantities consumed are less than the quantities set out in the order, EFA France will apply the rates in the price matrix, which the customer acknowledges, having received communication prior to the conclusion of the contract, for the quantities actually consumed. If there is no price matrix, EFA France is entitled to apply a penalty of 25% of the price of the consumption in the event of consumption below the quantities set out in the order.
3. Unless otherwise agreed, prices are exclusive of VAT, ex works (EXW Incoterms 2000), including loading at the factory.
4. Added to this is VAT at the legal rate in force, as well as transport.
5. The payment deadline is set after analysis of the buyer’s file. For all first orders, payment is due at the time the order is placed. Any special dispensation will require our written agreement.
6. In the case of pro forma invoices or payment on order requests, the supply of materials will only be launched once payment has been received in full.
7. The terms and conditions of payment are specified on the invoice. Payment can be made by cheque or bank transfer, or even by bill of exchange if the value of the delivery exceeds €1000 excluding VAT. The date and terms of payment may not be delayed under any pretext whatsoever, even if it is contentious.
8. In the event of late payment, a penalty equal to 3 times the legal interest rate will be payable (Article L 441-6, paragraph 12 of the French Commercial Code). For any professional, in addition to the late payment penalties, any sum, including the deposit, not paid by the due date will automatically give rise to the payment of a fixed penalty of 40 euros due by way of recovery costs (Art. 441-6, I al. 12 of the French Commercial Code and D. 441-5 ibidem).
9. EFA France shall also be entitled to suspend all deliveries ipso jure. If, in this case, EFA France has to keep specific products in stock for the customer in default of payment, an additional storage charge of 3.5% per month of the value of the goods stored, multiplied by the deferment time, will be applied.
10. In the event that the purchaser defaults in the payment of all sums due to EFA France, we reserve the right, with or without prior notice, to suspend all deliveries to the purchaser until the latter has paid the sums due, and to repossess the equipment delivered in execution of the retention of ownership clause contained in these general terms and conditions. If the default persists for more than 4 months, the prices of the equipment may be updated and the payment terms granted to the customer reviewed.
11. For all orders under €200, EFA France will apply a processing fee of €50 per order.
12. EFA will systematically send its invoices by email. At the express request of the customer, invoices may be sent by post, using the standard postal service. In this case, a €15 charge will be applied for issuing and sending the invoice.

3. Price review

1. Our prices are based on the cost factors in force at the time the contract is concluded. If, prior to delivery, the prices of materials, labour and other costs increase by more than 5%, the parties undertake to renegotiate the agreed price in good faith. If no agreement is reached within fifteen days of notification of the implementation of this clause, the contract will be deemed to have been terminated by operation of law.
2. The prices of our imported equipment are based on customs duties and the parity of the currencies in force at the time. Any change of more than 2.5% to the exchange rates used to establish our prices may be reflected in the invoice, even when an offer or acknowledgement of receipt has been drawn up. The same applies to changes in our principals’ rates.

4. Delivery and delivery times

1. Deliveries are made to the address indicated on the acknowledgement of receipt of the order.
2. Partial or consolidated deliveries are permitted, unless the customer clearly states otherwise. Any partial delivery caused by the customer and involving additional transport costs will result in the corresponding transport costs being invoiced.
3. The delivery time is agreed in the order confirmation. Unless otherwise stated, it is understood to be “ex works”. It is given for information only and may be extended as a result of delays on the part of our suppliers, scrapping of parts, strikes, pandemics, shortages of components and/or raw materials, etc. Under no circumstances may an extension of the stated lead time give rise to cancellation or penalties on the part of the purchaser.
4. EFA France shall not be held liable for any delay or failure to perform its obligations in the event of force majeure, in particular in the event of natural disaster, pandemic, inclement weather, fire, explosion, flood, national strike, accident, riot or civil disturbance, abnormal delay due to the supplier, shortage of products and materials.
5. EFA France will not pay any penalty for late delivery, unless agreed and signed in advance.

5. Transfer of risk and taking delivery

1. All our sales are made “ex works” and consequently the buyer bears the risk of the goods as soon as they are made available, including in the case of partial deliveries. If dispatch is delayed for reasons for which the customer is responsible, the risk will pass to the customer on the day the goods are ready for dispatch. All handling, transport, customs and insurance operations are at the buyer’s expense and risk. It is the buyer’s responsibility to check shipments on arrival and to reserve any recourse against the carrier, even if the shipment has been made carriage paid.
2. At the customer’s written request and expense, we will insure our consignment against theft, breakage, damage, fire and water damage, as well as any other risks that may be covered.
3. The items delivered must be accepted by the customer, even if they have significant defects.

6. Retention of ownership

1. EFA France retains ownership of the goods sold until full payment has been received. In the event of litigation or dispute on the part of the purchaser, no compensation of any kind may call into question the retention of ownership clause.
2. In the event of delay or persistent refusal by the customer to pay the invoice amount, EFA France may at any time demand the return of the products delivered at the expense of the purchaser and regardless of who owns them. Takeover operations will result in termination of the contract, unless a written declaration to the contrary is made.
3. In the event of the return of products under the terms of this article, the advance payments received by EFA France shall be retained by way of liquidated damages.
4. The buyer must inform EFA France immediately in the event of receivership, liquidation, seizure or any other measure taken by third parties in respect of goods which have not yet been paid for.

7. Warranty

1. Unless otherwise stipulated, the equipment and goods delivered by EFA France are guaranteed up to the amount of the warranty granted to us by the supplier or manufacturer. The warranty is limited to the repair in our factories of the appliance recognised as defective by our technical services or to its replacement. The repair, modification or replacement of parts may not have the effect of extending the product warranty period. The faulty equipment must be returned by the buyer to EFA France in its original state at its own expense and risk, following prior agreement by EFA France.
2. The warranty shall not apply if modifications or additions have been made to the equipment without our express agreement. The same applies if the purchaser has repairs carried out by a third party without the express agreement of EFA France.
3. Our warranty extends only to defects present at the time of transfer of risk. We do not provide any warranty for damage caused by inappropriate or inadequate use, incorrect assembly or commissioning by the customer or third parties, natural wear and tear, incorrect or negligent handling (including modifications and maintenance), unsuitable fuels, replacement materials, faulty construction work, inadequate foundations, chemical, electrochemical or electrical influences, insofar as they are not due to any fault on our part.
4. EFA France does not provide any warranty regarding the ability of the products to achieve the objectives set by the purchaser unless these objectives have been expressly accepted by EFA France.
5. The customer must notify us in writing of any defects in accordance with the following rules, failing which our performance will be deemed to have been accepted:
5.1. Apparent product malfunctions & visible defects must be reported to us immediately on delivery or after installation, assembly or test run, but within 1 month of delivery at the latest.
5.2. Malfunctions in the product which are not apparent must be reported to us within 48 hours of their discovery and within 1 month of the date of delivery.
5.3. Delivery defects (e.g. missing or incorrect products, etc) must be notified to us within 72 hours of delivery at the latest.
6. In any event, EFA France can only be held liable in the event of proven fault. EFA France will not bear any additional defect-related costs unless EFA’s responsibility has been demonstrated by the customer and without prior agreement from EFA France. Any costs incurred by the customer prior to agreement will not be reimbursed.
7. If, after inspection, EFA France is not responsible and the customer has charged costs, EFA France will issue an invoice in return for the unfairly applied costs (penalty, quality fixed rate, transport, inspection, etc.). If EFA is clearly not responsible and costs have been charged, then EFA will issue an invoice in return for the unjustly applied costs, penalty, quality fixed rate, transport, inspection, etc.
8. In the event that the supplier or manufacturer is charged by the purchaser, no reimbursement and/or compensation of any kind whatsoever may be requested from EFA in the event of non-conformity, damage, etc.

8. Warranty for legal defects, particularly patents

Any liability on our part for legal defects in the delivery item, in particular in connection with the infringement of copyrights, trademarks, patents or other protective rights, is excluded if the delivery item is based on a plan provided by the customer.

9. Limitation of damages

EFA France’s liability is strictly limited to the obligations defined in Article VII. EFA France shall not be liable to the purchaser for any loss suffered, such as personal injury, damage to property other than the subject matter of the contract or any indirect or consequential loss, such as loss of profit or business interruption. Finally, EFA France’s liability is, in any event, limited to the order amount, the execution of which gave rise to the complaint.

10. Intellectual property

Studies, plans, offers and documents of any kind submitted or sent by EFA France always remain its sole property. The Customer may not use, reproduce or communicate them without EFA France’s prior consent and must return them at EFA France’s first request.

11. Personal data

EFA France may collect personal data as part of the contractual relationship. The Customer expressly accepts, on its behalf and on behalf of any of its representatives who may be involved, this collection and processing of data under the following conditions. The company responsible for processing this data is EFA France, whose full contact details can be found at the foot of the page. The personal data collected is that which is strictly necessary to process the contract (in particular, surnames, first names, telephone number, postal address and e-mail address).
The purpose of this data collection is to perform the contract and manage customer relations. EFA France will not make any other use of it, nor pass it on to any third party without the customer’s express prior agreement.
The data collected is kept securely for the duration of the contract and until the warranty expires.
Customers are informed that they have the right to access, rectify and delete any data that is not required and to have the data transmitted in a usable format by sending an e-mail to:, providing proof of identity.

12. Disputes

Any dispute relating to any offer made or any sale by EFA France which cannot be settled amicably shall fall within the exclusive jurisdiction of the Tribunal de Commerce de Tours – 37 – France.