Payments are made to ILLKIRCH GRAFFENSTADEN, net and without discount, in euros, at 45 days end of month date of invoice in application of article L.441-10 of the Commercial Code. All costs associated with any sale on credit or pledge, security, bond, pledge or otherwise shall be the sole responsibility of CUSTOMER. The payment is realized with the effective collection of the price, the handing-over of draft or any other title creating an obligation to pay not constituting a payment. The terms of payment may not be delayed or changed under any pretext whatsoever, even if it is a dispute.
Non-acceptance or non-return of an item, suspension of payment for any reason, unauthorized clearing, or refusal to accept constitutes a default in payment.
Under no circumstances may payments be offset in any way by the CLIENT without CLESTRA’s prior written consent.
The CLIENT is hereby informed and accepts that CLESTRA may use factoring or any other financing operation such as a Dailly assignment.
In the event of default or delay in payment, all sums due by the CLIENT, for whatever reason, shall become immediately payable without the need for formal notice.
Without prejudice to the foregoing, any sum not paid on the agreed due date shall automatically entail the application of penalties at the interest rate applied by the ECB plus 10 points, without prejudice to the application of the increased rate provided for by law in the event of conviction.
In accordance with the provisions referred to under Articles L441-10 and D.441-5 of the Commercial Code, any failure by the CUSTOMER, whether partial or total, or any delay, will result in the payment of an indemnity for collection costs in the amount of 40 euros. This indemnity will be due as of right from the first day of delay of payment for each unpaid invoice. This compensation is not subject to VAT and will not be taken into account in the basis for calculating late payment penalties.
This lump-sum compensation is not limited to the amount of other expenses that may be incurred by CLESTRA for the purpose of collecting its invoices. The costs and fees incurred by the contentious recovery of the sums due will always be charged to the CLIENT.
The payment of the above-mentioned late payment penalties is not a discharge.
In addition, in the event of late payment persisting for more than fifteen working days after a formal notice to pay has been sent in vain, CLESTRA may immediately suspend the execution of the work until payment is received in accordance with the provisions of Article 1219 of the Civil Code. This suspension of work will be carried out to the exclusive detriment of the CLIENT, who will not be entitled to claim any compensation or penalty in the event of delay and will be solely responsible for the possible harmful consequences of the said suspension.