Page 282 - Water_Controls_for_Public-Commercial

/ Terms and Conditions of Sale

The general terms and conditions are valid for CLAIMS: MEDICAL DEVICES:
all customers. No claim will be allowed where the delay in reporting DELABIE is obliged to deliver Products that comply
exceeds 8 days following receipt of the goods. with the specifications and quality standards as per
ORDERS AND QUOTATIONS: The whole of the delivery cannot be rejected REGULATION (EU) 2017/745 of 5 April 2017 on
These will be processed in order of receipt. because of partial damages and shortages. medical devices.
We do not accept open orders or orders for call-off. All documentation that is necessary for a reseller
All orders sent imply acceptance of our general PROPERTY IN GOODS: to sell the goods and to fulfill the obligations
terms and conditions of sale and customers waive Notwithstanding any agreed terms of sale, the set out to chapter II Art. 14 of 2017/745 MDR
any claims that may arise from clauses in their own goods shall remain the property of the seller (general obligations of Resellers) can be provided
documentation which may differ. until payment is made in full. The failure to meet a by DELABIE upon request (i.e. EU declaration of
The customer agrees to these terms from the payment deadline may result in the reclamation of conformity).
moment that we receive the order, which cannot be these goods. As a reseller, the customer shall maintain a
cancelled. Orders are accepted without obligation The buyer assumes the risks of loss or damage, complete and current listing of the locations of all
to deliver the order in full in one delivery. regardless of the means of delivery, as described in Products in Reseller’s inventory and the names of
Our commercial representatives are not authorised ‘DELIVERY TIMES’ and ‘SHIPPING’ above, as well its customers who have purchased Products in the
to agree additional terms verbally, or to provide as liability for the damage they might cause. Reseller’s inventory and the names of its customers
verbal guarantees beyond those provided in the who have purchased products from the Reseller,
written contract. WARRANTY AND RESPONSIBILITY: together with the dates of such purchases and
In the event of default or delayed payment, the st Product lot numbers for at least ten years.
Company will be entitled to suspend deliveries Our finished goods delivered after 1 January The commercial documentation as well as the
or cancel existing orders without any claim for 2024 are warrantied against any manufacturing ancillary documents, such as the instructions for
damages from the customer. defect for a period of 30 years, including electronic use, the regulatory labelling and the technical
In the event of a change in circumstances of the controls, excluding other electrical accessories information, may not be changed or modified by the
buyer, we reserve the right to cancel existing orders (e.g., hand dryers, etc.) which have a 3-year Reseller. DELABIE cannot be held responsible for
or to demand payment guarantees. warranty from the invoice date. This does not apply any change in the content of the documents and
Our quotes do not amount to specifications; to products with an expiry date. Spare parts have a labelling if this is not the case.
specifiers and professional installers are solely one-year warranty. The reseller undertakes not to make any changes
responsible for the choice of products according This warranty is limited to replacement or repair to the products, either to the device itself or to its
to their intended use, current regulations and of defective components as determined by our packaging or labelling.
recommended guidelines. workshops in France but excludes the costs of As part of its quality system, the Reseller will
spoilage, handling and carriage or compensation ensure that, as long as the products are under its
PRICE: whatever they are. We are not responsible for responsibility, the storage or transport conditions
Deliveries are invoiced according to the conditions handling charges and the cost of returning comply with the conditions defined by DELABIE.
in place at the date of despatch. Prices are given products to our workshops. This vigilance will focus in particular on expiry
without guarantee and they may be changed Disasters or major water damage as a result of dates, with the removal of out-of-date products
without notice subject to fluctuations in costs, manufacturing defects are covered by our product from the shelves, as well as appropriate storage
VAT or other taxes, according to the prevailing and/or public liability insurance. facilities in which the conditions are those required
economic conditions. To invoke the warranty, the customer must by the characteristics of the products and best
Price increases will be announced one month prior immediately notify us in writing of the defects adapted to ensure their proper preservation.
to their application, and they apply to quotes and attributed to the product, specifying the conditions As a reseller, the customer shall within five working
orders in hand. of use in place at the time of their discovery and days from the date of receipt notify DELABIE or
provide us with all relevant material elements National Authorities (see link below) with any written
PAYMENTS: demonstrating the existence and nature of the complaint regarding a Product received from its
Terms of payments are confirmed when an account defect. customers. DELABIE shall provide the Reseller
is opened, and are dependent on the terms of our Our warranty and responsibility does not include with a preliminary answer within two working days
credit insurance, and according to each country. the following: from the date of receipt of the Reseller’s notice.
We do not give discount for early payment. - installation that does not comply with the technical https://health.ec.europa.eu/medical-devices-
specification or current recommended guidelines; sector/new-regulations/contacts_en
In accordance with Article L441 6 of the - worn parts; DELABIE, as the manufacturer of the medical
Commercial Code, any delay in payment will give - non-compliance with installation, user and devices is responsible for fulfilling the duties
rise to the following from the first day of delay, maintenance guides; according to chapter VII section 1 and 2 of
regardless of their status with the supplier: - other factors independent of our products’ quality, 2017/745 MDR (post-market surveillance,
- An interest rate for delayed payment will be for example: detergents or abrasive cleaning vigilance).
applied, equal to the European Central Bank products, the action of hard water, foreign As a reseller, the customer must support DELABIE
refinancing rate plus 10% (French Law of bodies (e.g., gravel, sand, iron filings, scale, etc.), in the event of a recall, and shall inform its customers
Modernization of the Economy - LME – No. chemical and electrolytic phenomenon; in such a way as to cause the least disruption of the
2008 776 of 4th August 2008); - lack of supervision, poor storage or poor sales of the Products and to preserve the goodwill
- A one-off payment of 40 Euros will apply to cover maintenance; and reputation attached to the Products and to the
expenses (European Directive 2011/7 of 16th - product modifications or actions by the customer, names of DELABIE and the Reseller.
February 2011, Law 2012 387 of 22nd March or a third party, without our authorisation using DELABIE shall pay in full all costs of retrieval, recall
2012, and Decree 2012 1115 of 2nd October, non-DELABIE components and/or consumable and replacement of the Products (including if such
2012); items. recall or replacement is required by DELABIE).
- When the recovery costs exceed the amount of - errors, carelessness, negligence or incorrect DELABIE shall maintain adequate records of
the one-off payment, additional compensation information from the client; manufactured Products by batch and lot, including
will apply where justified. - products past their expiry date. test and laboratory observation data and will
In the case of late payment, a one-off payment may The water-tightness of connections, joints and provide copies of such records to the Reseller, as
be required, replacing existing conditions. We will the product housing is the responsibility of the may be reasonably necessary in connection with
not accept any set off, only our assets have a legal professional responsible for installation, and must any recall.
value. be guaranteed by them. Warranty excludes joints,
valves, washers and rubber seals. However, they SPARE PARTS:
DELIVERY TIMES: would be supplied if the warranty application Spare parts and mechanisms that are essential to
Despatch dates are indicative only and we shall not requires them. Any finishes other than chrome or ensure the correct operation of our products will be
be liable for any delay or failure in carrying out our nickel are also excluded from the warranty. held in stock for 50 years from the date of purchase.
obligations where the delay or failure to deliver is In the event that the product has been discontinued They are listed at the back of our catalogues.
caused by risks of manufacturing or where the or manufacturing methods have changed and
cause is beyond our control. Delivery delay will replacements are not available, similar alternative RETURNS:
not give rise to compensation payment or goods products will be offered. Replacement under Goods may not be returned to us for credit without
rejection. warranty will not extend the duration of the original our prior written approval obtained by the buyer
warranty. from the Company and they are received in a
SHIPPING: The supplier’s civil liability is excluded in all cases good state (determined by our goods inwards
Orders are sent to our distributors. We do not listed above. It is limited to compliance with the department). All transportation costs for returned
deliver to site. Charges and risks incurred from the specifications and can only be initiated if the goods must be paid by the buyer. Goods must
transfer of merchandise depend on the Incoterm Customer has previously demonstrated the be returned to our factory* with good protective
used for the commercial transaction. The carrier existence and extent of damage, a fault and the packaging.
is solely responsible for their delivery, and in the causal link between this fault and the damage. Deliveries less than a month old will be refunded
event of delay, missing items, damage or other It is limited to direct material damage, excluding at the invoiced price. For deliveries older than one
dispute, the customer must indicate this via the all immaterial or indirect damage such as loss of month, a deduction will be made for checking,
delivery driver’s paperwork (either electronically operation, profit, opportunity, commercial damage, handling and administration costs. A repair and re-
or in hard copy) AND follow up with written loss of earnings. stocking fee will apply where appropriate.
notification sent by recorded delivery within The supplier’s liability, for all causes except bodily Product returns are not permitted in the following
24 hours. A copy of this letter must be addressed injury and gross negligence, is limited to €750,000 circumstances: discontinued products, specially
to us. per order or contract. manufactured products, technical or aesthetic