Preamble
The GTC constitute the sole basis of the commercial relationship. They apply to all orders of GRAD® products placed with BURGER ET CIE SAS, ZI BOIS L’ABBESSE, 68660 LIEPVRE. Any order implies full and entire acceptance of the GTC. Modifiable at any time on https://grad-system.com/.
Order Placement
Contractual documents in order of priority: purchase order, acknowledgment of receipt, special conditions, GTC.
Orders by mail/email/EDI.
Contact: clientburger@burger.fr (France) / customerservicerow@burger.fr (export).
Cancellation: 20% penalty clause.
Deposit required in case of doubtful solvency.
Prices set at the date of order or delivery.
Validity of offers: 1 month.
Prices in euros excluding tax.
Ancillary costs (shipping, customs, insurance) to be borne by the Customer.
Catalogs on https://grad-system.com/
France: 2-3 weeks / Europe: 4-5 weeks / Far export: 3-5 months. Delivery at the foot of the truck (semi-trailer 38/44t, 15m).
Options: carrier 9m (+€45 excl. tax), tailgate lift (+€45 excl. tax), carrier+tailgate lift (+€90 excl. tax).
Reservations on waybill are mandatory.
Disputes contact: clientburger@burger.fr.
Claim period: 3 days after receipt (color photo + barcode required).
GRAD® commercial warranty (excluding labor).
Returns only with prior written return authorization.
Unsold stock not taken back.
Payment within 60 days (or 45 days end of month by agreement).
Bank transfer, LCR, check, or credit card.
Late payment: penalty 3x legal rate + flat fee of €40 + 20% penalty clause in case of litigation.
Compliance with GRAD® technical recommendations (installation/maintenance guide on ).
Permits/declarations to be borne by the Customer.
Communication of technical data necessary for the order.
Non-payment or serious breach: automatic termination 8 days after formal notice has been ineffective.
Seller’s property until full payment.
Risks borne by the Customer upon delivery.
Prohibition of pledging/gaging on unpaid products.
All rights to products, logos, and the GRAD® brand belong to the Seller. Reproduction strictly prohibited. Resale only in original packaging according to the GRAD® Graphic Charter.
The Parties undertake to maintain the confidentiality of the technical, commercial, and financial information exchanged.
GDPR processing. Retention 10 years max.
Rights: access, rectification, erasure, portability, objection.
Contact: rgpd@burger.fr.
CNIL recourse possible.
Contestation period: 1 year maximum after invoice issuance.
Pandemic, strike, fire, raw material shortage, etc.
Suspension of obligations if temporary (max 30 days), termination if permanent.
Renegotiation possible if execution becomes excessively onerous (art. 1195 Civil Code).
Prior mandatory conciliation. Termination after 15 days if unsuccessful.
Independent parties. Professional liability insurance mandatory.
Contract in French.
Authorization for photos of completed projects for advertising purposes.
ADEME no. FR234021_04JOQT.
PMCB eco-contribution.
French law.
Disputes: amicable attempt for 15 days, then courts within the jurisdiction of the Court of Appeal of Colmar.