Page 282 - water-controls-for-public-commercial-places

/ Terms and Conditions of Sale

The general terms and conditions are valid DELIVERY TIMES: recommended guidelines;
for all customers. Despatch dates are indicative only and we shall - worn parts;
not be liable for any delay or failure in carrying - non-compliance with installation, user and
ORDERS AND QUOTATIONS: maintenance guides;
out our obligations where the delay or failure to
These will be processed in order of receipt. deliver is caused by risks of manufacturing or - other factors independent of our products’
We do not accept open orders or orders for call- where the cause is beyond our control. Delivery quality, for example: detergents or abrasive
off. delay will not give rise to compensation payment cleaning products, the action of hard water,
All orders sent imply acceptance of our general or goods rejection. foreign bodies (e.g., gravel, sand, iron
terms and conditions of sale and customers filings, scale, etc.), chemical and electrolytic
waive any claims that may arise from clauses in SHIPPING: phenomenon;
their own documentation which may differ. Orders are sent to our distributors. We do not - lack of supervision, poor storage or poor
The customer agrees to these terms from the deliver to site. Charges and risks incurred from maintenance;
moment that we receive the order, which cannot the transfer of merchandise depend on the - product modifications or actions by the
be cancelled. Orders are accepted without Incoterm used for the commercial transaction. customer, or a third party, without our
obligation to deliver the order in full in one The carrier is solely responsible for their delivery, authorisation using non-DELABIE components
delivery. and in the event of delay, missing items, damage and/or consumable items.
Our commercial representatives are not or other dispute, the customer must indicate - errors, carelessness, negligence or incorrect
authorised to agree additional terms verbally, this via the delivery driver’s paperwork (either information from the client;
or to provide verbal guarantees beyond those electronically or in hard copy) AND follow up with - products past their expiry date.
provided in the written contract. written notification sent by recorded delivery The water-tightness of connections, joints and
In the event of default or delayed payment, the within 72 hours. A copy of this letter must be the product housing is the responsibility of
Company will be entitled to suspend deliveries addressed to us. the professional responsible for installation,
or cancel existing orders without any claim for and must be guaranteed by them. Warranty
damages from the customer. CLAIMS: excludes joints, valves, washers and rubber
In the event of a change in circumstances of the No claim will be allowed where the delay in seals. However, they would be supplied if the
buyer, we reserve the right to cancel existing reporting exceeds 7 days following receipt of warranty application requires them. Any finishes
orders or to demand payment guarantees. the goods. other than chrome or nickel are also excluded
Our quotes do not amount to specifications; The whole of the delivery cannot be rejected from the warranty.
specifiers and professional installers are solely because of partial damages and shortages. In the event that the product has been
responsible for the choice of products according PROPERTY IN GOODS: discontinued or manufacturing methods have
to their intended use, current regulations and changed and replacements are not available,
recommended guidelines. Notwithstanding any agreed terms of sale, the similar alternative products will be offered.
goods shall remain the property of the seller Replacement under warranty will not extend the
PRICE: until payment is made in full. The failure to meet duration of the original warranty.
Deliveries are invoiced according to the a payment deadline may result in the reclamation The supplier’s civil liability is excluded in all cases
conditions in place at the date of despatch. of these goods. listed above. It is limited to compliance with the
Prices are given without guarantee and they The buyer assumes the risks of loss or damage, specifications and can only be initiated if the
may be changed without notice subject to regardless of the means of delivery, as described Customer has previously demonstrated the
fluctuations in costs, VAT or other taxes, in ‘DELIVERY TIMES’ and ‘SHIPPING’ above, as existence and extent of damage, a fault and the
according to the prevailing economic conditions. well as liability for the damage they might cause. causal link between this fault and the damage.
Price increases will be announced one month WARRANTY AND RESPONSIBILITY: It is limited to direct material damage, excluding
prior to their application, and they apply to all immaterial or indirect damage such as loss
quotes and orders in hand. Our finished goods delivered after 1 st January of operation, profit, opportunity, commercial
2024 are warrantied against any manufacturing damage, loss of earnings.
PAYMENTS: defect for a period of 30 years, including The supplier’s liability, for all causes except
Terms of payments are confirmed when an electronic controls, excluding other electrical bodily injury and gross negligence, is limited to
account is opened, and are dependent on the accessories (e.g., hand dryers, etc.) which have a €750,000 per order or contract.
terms of our credit insurance, and according to 3-year warranty from the invoice date. This does
each country. not apply to products with an expiry date. Spare MEDICAL DEVICES:
We do not give discount for early payment. parts have a one-year warranty. DELABIE is obliged to deliver Products that
In accordance with Article L441 6 of the This warranty is limited to replacement or repair comply with the specifications and quality
Commercial Code, any delay in payment will give of defective components as determined by our standards as per REGULATION (EU) 2017/745
rise to the following from the first day of delay, workshops in France but excludes the costs of of 5 April 2017 on medical devices.
regardless of their status with the supplier: spoilage, handling and carriage or compensation All documentation that is necessary for a reseller
- An interest rate for delayed payment will be whatever they are. We are not responsible for to sell the goods and to fulfill the obligations
applied, equal to the European Central Bank handling charges and the cost of returning set out to chapter II Art. 14 of 2017/745
refinancing rate plus 10% (French Law of products to our workshops. MDR (general obligations of Resellers) can be
Modernization of the Economy - LME – No. Disasters or major water damage as a result provided by DELABIE upon request (i.e. EU
2008 776 of 4th August 2008); of manufacturing defects are covered by our declaration of conformity).
- A one-off payment of 40 Euros will apply to product and/or public liability insurance. As a reseller, the customer shall maintain a
cover expenses (European Directive 2011/7 of To invoke the warranty, the customer must complete and current listing of the locations of all
16th February 2011, Law 2012 387 of 22nd immediately notify us in writing of the defects Products in Reseller’s inventory and the names
March 2012, and Decree 2012 1115 of 2nd attributed to the product, specifying the of its customers who have purchased Products
October, 2012); conditions of use in place at the time of their in the Reseller’s inventory and the names of its
- When the recovery costs exceed the amount of discovery and provide us with all relevant customers who have purchased products from
the one-off payment, additional compensation material elements demonstrating the existence the Reseller, together with the dates of such
will apply where justified. and nature of the defect. purchases and Product lot numbers for at least
In the case of late payment, a one-off payment Our warranty and responsibility does not include ten years.
may be required, replacing existing conditions. the following: The commercial documentation as well as the
We will not accept any set off, only our assets - installation that does not comply with ancillary documents, such as the instructions for
have a legal value. the technical specification or current use, the regulatory labelling and the technical