Last update : June 2025
The prices and information provided in catalogs, brochures, and price lists are for informational purposes only. Radio Energie reserves the right to modify the layout, shape, dimensions, or materials of the equipment, machines, and machine components shown and described in its printed advertising materials. Supply is strictly limited to the technical specifications attached to Radio Energie offers. If the equipment has its own specifications, the request for quotation must be accompanied by the terms and conditions to which the customer must subscribe. This will be mentioned in the Radio Energie quotation. If the customer requests guarantees for the successful completion of the contract, these guarantees must be justified by a registered letter with an acknowledgment of receipt and cannot be carried out upon the first request.
2.1 Radio Energie’s sales department must provide written confirmation for all orders to be deemed accepted. Therefore, no order shall be considered accepted unless it has been acknowledged in writing. Radio Energie reserves the right to refuse orders of less than 500 euros, excluding VAT.
2.2 Radio Energie’s acceptance of an order, whether in writing or otherwise, is subject to the condition that no financial risk or other element likely to call it into question has arisen until delivery of all or part of the order to the customer. Radio Energie may require guarantees to protect itself in the event of the customer’s incapacity, dissolution, or modification of the company; mortgage; pledge; or contribution to the customer’s business, which could have an unfavorable effect on the customer’s credit. The delivery period begins on the day Radio Energie issues an acknowledgment of receipt, provided Radio Energie is in possession of :
2.3 Radio Energie will only consider any modification to its proposals as accepted if it is expressly mentioned in its acknowledgment of receipt of the order. Customers may not terminate or cancel orders without Radio Energie’s written consent, which must include terms that compensate Radio Energie for any losses. Any subsequent modifications to the order will result in an increase to the initial order price and may extend the initially agreed upon delivery period.
3.1 Prices Prices are net, ex works, and exclude all taxes and duties. The provision of prices does not constitute a binding offer. Prices are based on current economic conditions, and Radio Énergie reserves the right to modify them at any time without prior notice in the event of fluctuations in these conditions. Any taxes, duties, or other charges imposed by French regulations in an importing or transit country shall be paid by the customer. Shipping costs are the customer’s responsibility unless otherwise stipulated in the order acknowledgment.
3.2 Products Radio Energie reserves the right to stop marketing any product offered to customers in the price list or commercial documents, and/or modify its products’ characteristics at any time without prior notice. Customers cannot claim damages or compensation.
Equipment is invoiced on the date it is made available.
4.1 Invoices are payable to Radio Energie according to the payment terms stated on the invoice. If no specific provision is made, payment is due on the thirtieth day following the invoice date. No discount is granted for cash or early payment.
Advance payments must be made in cash. Payment terms may not be delayed for any reason, including disputes. Radio Energie only accepts payment via interbank transfer. Radio Energie does not accept any other payment method. Payment is considered received on the date it is credited to Radio Energie’s account. Radio Energie agents or representatives are not authorized to cash invoices unless expressly agreed upon by Radio Energie.
4.2 Any sum, including the deposit, that is not paid by its due date will automatically incur late payment interest equivalent to three times the legal interest rate for the current year. Additionally, a lump sum of one hundred (100) euros will be charged to cover collection costs.
4.3 If payment is not made within eight days after a formal notice sent by certified mail with return receipt requested remains unanswered, Radio Energie may terminate the sale at its discretion. Radio Energie may request the return of the goods in summary proceedings, without prejudice to any damages or interest. If a single installment is not paid, or if the customer’s business or equipment is sold, assigned, pledged, or incorporated, all outstanding receivables due and/or to become due shall be forfeited. If payment is made in installments and a single installment is not paid, the entire credit granted will be forfeited. Radio Energie reserves the right to demand immediate payment of all outstanding installments and to suspend all deliveries until all outstanding invoices have been paid in full. Radio Energie also reserves the right to cancel current orders. In this case, as a penalty clause, the customer will be liable to pay a lump-sum indemnity equal to 15% of the amount due, without prejudice to any interest, costs, or fees incurred by legal proceedings.
4.4 Under no circumstances may payments be offset without Radio Energie’s prior written consent. Any partial payment will be deducted from the earliest sum due.
4.5 In any case, if there is a deterioration in the customer’s creditworthiness that poses a risk to Radio Energie’s receivables, or if the order is placed by a customer who has not fulfilled their obligations from previous business, Radio Energie reserves the right to request payment before delivery or any other payment guarantees it deems necessary. If Radio Energie fails to obtain such guarantees for any reason, it reserves the right to cancel orders in progress.
5.1 Place of delivery
Delivery is deemed to have been made to Radio Energie’s warehouses. It is made either by direct handover to the customer, by notice of availability, or by delivery to a shipper or carrier designated by the customer. If the customer does not designate a shipper or carrier, Radio Energie will choose one. If the customer cannot accept delivery on the scheduled date, they must still pay the portion of the price that would be due if the delivery had occurred. Radio Energie will make all storage arrangements at the customer’s expense and risk. At the customer’s request, Radio Energie will also insure the product, at the customer’s expense. Unless the customer is prevented from accepting delivery due to circumstances beyond their control, Radio Energie may give written notice to the customer to accept delivery within a reasonable period of time. If the customer does not accept delivery within this period for a reason beyond Radio Energie’s control, Radio Energie may terminate the contract in whole or in part in writing. Radio Energie shall be entitled to compensation for any losses suffered as a result of the customer’s default. This compensation shall not exceed the purchase price of the terminated portion of the product.
Goods travel at the customer’s expense and risk.
Unless otherwise agreed upon, the transfer of risk occurs when the goods are loaded onto the transport vehicle at Radio Energie’s premises, or when the goods are made available for pickup at Radio Energie’s premises or any other designated location.
For products shipped outside of France, the transfer of risk will be carried out in accordance with the Incoterms indicated on the order acknowledgment. If no other Incoterm is agreed upon by the parties, the EXW Incoterm will apply.
5.3 Delivery times
Radio Energie provides delivery times as an indication only. The company shall not be held responsible for the partial or total failure to execute an order due to circumstances beyond its control, including the inability to operate under normal conditions, lack of necessary materials for manufacturing, or inability to deliver. This shall not result in the cancellation or refusal of orders in progress, nor shall it result in price revision, compensation, indemnities, or penalties. Radio Energie may make full or partial deliveries. In the event of a partial delivery, each delivery will be considered a complete commercial transaction. Each partial delivery shall be subject to proportional payment. If shipment is delayed for any reason beyond Radio Energie’s control and the customer consents, the equipment will be stored and handled, if necessary, at the customer’s sole cost and risk. Radio Energie will not be held liable for any subsequent issues. Radio Energie is released ipso jure from any commitment relating to delivery times if the customer does not observe the terms of payment.
5.4. Reception
All shipments are packaged and accompanied by a delivery note. If there is any damage, delay or shortage, it is the recipient’s responsibility to make regular complaints and reservations with the carrier. Any complaints regarding apparent defects or non-conformity of the delivered product must be submitted in writing within five (5) calendar days of receipt. Customers are responsible for providing proof of any defects or non-conformities
5.5 Returns
Product returns will only be accepted with prior agreement from Radio Energie. Any returns that are not authorised by Radio Energie will not be accepted. Authorised returns must be sent, postage and packaging paid, to the customer’s home address. They must be in perfect, new condition, unmodified, and in their original packaging and wrapping.
6.1 Packaging
The customer is always responsible for non-returnable packaging, which is not taken back by Radio Energie. Unless special instructions are provided, Radio Energie will prepare the packaging in the customer’s best interests. Reusable packaging remains the property of Radio Energie. It is entrusted to the buyer, who is responsible for it. Such packaging is invoiced on a consignment and/or rental basis. If the asset transfer invoice is not returned within the customary time limits for the profession, it will be sent to the purchaser.
6.2. Waste management
The equipment for sale is not subject to Decree No. 2005-829 regarding the composition of electrical and electronic equipment and the disposal of such waste. According to Article L 541-2 of the French Environmental Code, the person responsible for the waste must ensure its disposal.
Radio Energie retains ownership of the delivered goods until the full price, including all additional fees, has been paid. Payment by bills of exchange or other securities that create an obligation to pay does not constitute payment under these terms and
conditions. During the reservation of title, the customer must insure the goods against all risks of damage or liability, including product liability, as the risks have been transferred under the conditions refer
ed to in Article 5.2 above. The customer agrees to allow identification and reclamation of the delivered goods at any time and to mark them in his inventory as “subject to reservation of title” until the full price has been paid. The customer is authorized to resell the delivered goods in the normal course of business and is obliged to immediately inform Radio Energie of the seizure of the delivered goods under reservation of title by a third party. The customer agrees not to pledge or assign ownership of the goods as collateral. In the event of resale, the customer agrees to assign to Radio Energie its claims against sub-purchasers up to the amount of the sums due. If any of the agreed-upon price installments are not paid, and fifteen (15) days after formal notice by registered mail has been unsuccessful, the goods must be made available to Radio Energie immediately, unless Radio Energie demands their return at the customer’s expense. Radio Energie may make this claim by any means, including registered letter, fax, bailiff’s summons, or joint inventory, at the customer’s expense, risk, and peril. The return of goods does not constitute rescission of the sales contract. Any sums already paid by the customer shall be retained as initial damages, without prejudice to others. These stipulations do not prevent the transfer of risks of loss, deterioration, or damage to the customer.
8.1 Principles
Unless otherwise specified, products are guaranteed against manufacturing or material defects for 24 months from the invoice date, subject to the limitations below. Interventions under the warranty do not extend the warranty period. Our warranty does not cover labor costs, disassembly, reassembly, transportation, or packaging.
8.2 Limits
Radio Energie’s sole obligation under this warranty is to replace, free of charge, any product deemed defective by Radio Energie. Radio Energie assumes the full cost of the product under the terms of this warranty, excluding all other damages, particularly indirect damages (consequential losses of any kind). Any parts replaced free of charge must be returned to Radio Energie and will become its property. This warranty does not cover damage resulting from force majeure, normal wear and tear, misuse, accidents, negligence, incorrect assembly, repairs carried out by the customer or a third party, incompatible storage conditions, or failure to comply with the manufacturer’s instructions or industry standards.
8.3 Implementation
All warranty claims must precisely and clearly describe the defects in question in writing. According to common law, a customer’s claim for all or part of the products, for any reason, must first be submitted to Radio Energie’s after-sales service. Their agreement is necessary for any replacement. If applicable, shipping costs are the customer’s responsibility. Failure by Radio Energie to explicitly acknowledge the validity of the complaint in writing does not authorize the customer to withhold payment of any invoice, whether or not it relates to the dispute.
8.4 Responsability
Radio Energie cannot be held liable for any deterioration or damage to the goods for any reason (e.g., rust, fire, flooding, dampness, etc.), nor for any total or partial loss when the goods have been made available to the customer at any location under the conditions set out in Article 5.1 above. If Radio Energie recognizes a claim as justified, its liability is limited to replacing the defective product, which may not exceed the (exclusive of tax) amount of the product(s) in question. In accordance
with article 17 of Law No. 98-389 of May 19, 1998, Radio Energie declines all liability for damage to goods not primarily used by the customer for personal use or consumption.
Radio Energie retains all intellectual property rights to its projects, studies, and documents. The customer agrees to respect all of Radio Energie’s intellectual property rights and acknowledges full awareness of them. The customer agrees not to reproduce, in whole or in part, any patents, trademarks, designs, models, or other industrial property rights owned or licensed by Radio Energie, nor to transmit any information to third parties that would permit the total or partial reproduction of said rights.
This list is not exhaustive, but the customer agrees to treat all commercial, financial, legal, and technical information relating to Radio Energie as strictly confidential. This information may be obtained during the performance of the sales contract. Failure to comply with this clause may result in termination of the business relationship without affecting the right to claim damages.
Radio Energie will be released from its obligations in the event of any circumstance beyond its control that prevents or delays the delivery of products, which is considered force majeure under the contract. This applies to events occurring at Radio Energie, its suppliers, or subcontractors, including lockouts, strikes, epidemics, embargoes, accidents, transport interruptions or delays, supply shortages, defective raw materials, significant changes in the political situation in the customer’s country, or any other event beyond Radio Energie’s control leading to partial or total unemployment at Radio Energie or its suppliers or subcontractors. Radio Energie undertakes to notify the customer in writing without delay of the beginning and end of any such event.
12.1 Radio Energie’s failure to enforce any of the provisions of these General Terms and Conditions of Sale at a given time may not be interpreted as a waiver of the right to enforce said provisions at a later date.
12.2 If the customer incurs any costs in connection with any type of proceedings (e.g., counterfeiting or unfair competition) in which Radio Energie may be involved, and if the customer is entitled to claim damages based on said proceedings, the customer shall bear said costs without being entitled to claim reimbursement from Radio Energie unless there is prior agreement with Radio Energie.
13.1 Jurisdiction
All disputes arising between the parties in connection with their commercial relations shall be referred exclusively to the courts of Radio Énergie’s head office. This applies regardless of the place of delivery or the accepted method of payment, including summary proceedings, incidental claims, multiple defendants, and third-party proceedings.
13.2 Applicable Law
Relations with the customer are governed by French law. If these terms and conditions are translated into a foreign language, only the French text will be considered authentic.
Any special agreement or waiver of these General Terms and Conditions of Sale must be in writing. Any terms and conditions not modified or abrogated in the special agreement remain in full force and effect.
These terms and conditions supersede any previous terms and conditions that appear in our documents or are agreed upon by other means.
