Oil Control Groupe France (OCGF)

SAS with a share capital of €750,000
Registered office: 17 rue de la Petite Meilleraie – 44840 Les Sorinières, France
Nantes Trade Register No. 453 609 521 00043
Website: www.ocgf-shop.fr
Contact: bureaux@ocgf.fr

Purpose and Scope of Application

These General Terms and Conditions of Sale (GTCS) apply to all product sales carried out by Oil Control Groupe France (OCGF) to professional customers, in France and internationally.

They prevail over any other document issued by the customer, in particular their purchasing conditions, unless expressly agreed in writing by OCGF.

Any order implies full and unconditional acceptance of these GTCS.

Products

The products offered are those listed in the catalog of manufacturers represented by OCGF. OCGF also assembles certain custom sub-assemblies based on standard components.

Technical specifications and product visuals are provided for information purposes only and may be modified without prior notice according to manufacturer updates.

Orders

• All orders must be confirmed in writing by OCGF (mail, email, or online platform).
• In the absence of objection to the Order Acknowledgment, the prices and delivery times indicated therein are deemed accepted by the customer.
• OCGF reserves the right to refuse or suspend any order from a customer in case of outstanding payments or breach of contractual obligations.
• Confirmed orders may only be cancelled or modified with OCGF’s written consent and may be subject to compensation for incurred costs.

Prices

• Prices are expressed in euros, excluding taxes (excl. VAT) or including all taxes (incl. VAT), depending on the commercial documents.
• Prices are Ex Works (EXW) OCGF warehouse (Les Sorinières, France), unless otherwise specified.
• OCGF reserves the right to change its prices at any time; however, products will be invoiced based on the rates applicable at the time of order validation.

Payment Terms

Unless otherwise agreed, invoices are payable according to the following terms from the invoice issue date:

• These terms may be unilaterally revised by OCGF in case of repeated late payments.
• Payments may be made by bank transfer (preferred), cheque, credit card, or any other method accepted by OCGF.
• In case of late payment:
  • Late payment penalties will apply automatically at a rate equal to three times the legal interest rate,
  • A fixed compensation of €40 for recovery costs will be due (Article L441-10 of the French Commercial Code).
• OCGF reserves the right to suspend deliveries in case of late payment.
• Unless otherwise agreed, deliveries to new customers or customers deemed non-creditworthy will require advance payment.
• If the buyer’s financial situation deteriorates, OCGF reserves the right, even after partial shipment, to require guarantees deemed necessary. Failure to comply may result in cancellation of the order.

Retention of Title

• Goods sold remain the property of OCGF until full payment of the price, including principal and ancillary costs (Article 2367 of the French Civil Code).
• The buyer must insure the goods against loss or damage and inform OCGF of any third-party claims.
• In case of non-payment, OCGF may request the return of all goods through legal action.
• Costs related to the enforcement of this clause shall be borne by the customer.

Delivery and Transfer of Risk

• Products are delivered under the conditions specified in the invoice or quotation.
• All shipments are made at the consignee’s risk, even when shipped freight prepaid.
• Delivery times are indicative and not binding. Delays may occur due to production issues or force majeure events (strike, fire, late supply of raw materials, etc.).
• Delays do not entitle the customer to cancel the order or claim damages, except in cases of proven gross negligence by OCGF.
• OCGF reserves the right to cancel delivery in case of unforeseen production issues without compensation.
• OCGF selects the carrier unless otherwise requested by the customer. Additional costs resulting from customer requirements will be charged accordingly.
• Express shipping costs are borne by the customer.
• Additional insurance is only provided upon express request by the customer.

Receipt and Claims

• The customer must check the condition and conformity of the products upon delivery.
• Any claim (quantity, reference, damage, etc.) must be made in writing within 5 working days of receipt.
• After this period, the products will be considered accepted.
• Valid claims may result in replacement or refund.
• No compensation claims of any kind will be accepted.
• In case of dispute, payment remains due, and the issue will be settled via credit note if applicable.

Product Returns

• Returns require prior approval from OCGF.
• In case of ordering errors or non-defective products, returns may be accepted exceptionally if:
  • the product is new, complete, and in original packaging,
  • return costs are borne by the customer.
• Administrative fees may be deducted from the credit note.

Warranty

• Products benefit from the manufacturer’s warranty (e.g., 18 months from manufacturing date for Rexroth products).
• OCGF provides a commercial warranty of 12 months from delivery date.
• The most favorable warranty period applies.
• Warranty covers only repair or replacement of defective products.
• It excludes:
  • misuse, incorrect installation, or improper maintenance,
  • normal wear and tear,
  • indirect damages (production loss, quality costs, etc.).

Intellectual Property Rights

• When manufacturing based on customer drawings or specifications, the customer assumes full responsibility for intellectual property rights.
• If production is prohibited, OCGF may stop manufacturing and charge incurred costs.
• Drawings and samples are returned only upon request. If no follow-up occurs within 6 weeks, they may be destroyed.

Liability

• OCGF shall not be liable for any indirect or consequential damages (loss of business, loss of profit, etc.).
• Total liability shall not exceed the amount excluding VAT of the order concerned.
• OCGF is not responsible for defects attributable to the manufacturer or carrier, unless proven fault on its part.

Force Majeure

OCGF shall not be held liable for failure to perform due to force majeure events (strike, shortage, fire, natural disaster, transport disruption, war, etc.). Obligations will be suspended for the duration of the event.

Personal Data

Data collected within the commercial relationship is used solely for order processing and customer management, in compliance with Regulation (EU) 2016/679 (GDPR).

Data is not shared with third parties without consent.

Applicable Law and Jurisdiction

These GTCS are governed by French law.

Any dispute relating to their interpretation or execution falls under the exclusive jurisdiction of the Commercial Court of Nantes, even in case of multiple defendants or third-party claims.