The general terms and conditions are valid for all customers.
ORDERS AND QUOTATIONS:
These will be processed in order of receipt.
All orders sent imply acceptance of our general terms and conditions of sale and customers waive any claims that may arise from clauses in their own documentation which may differ.
The customer agrees to these terms from the moment that we receive the order, which cannot be cancelled. Orders are accepted without obligation to deliver the order in full in one delivery.
Our commercial representatives are not authorised to agree additional terms verbally, or to provide verbal guarantees beyond those provided in the written contract. In the event of default or delayed payment, the Company will be entitled to suspend deliveries or cancel existing orders without any claim for damages from the customer. In the event of a change in circumstances of the buyer, we reserve the right to cancel existing orders or to demand payment guarantees.
Our quotes do not amount to specifications; specifiers and professional installers are solely responsible for the choice of products according to their intended use, current regulations and recommended guidelines.
PRICE:
Deliveries are invoiced according to the conditions in place at the date of despatch. Prices are given without guarantee and they may be changed without notice subject to fluctuations in costs, VAT or other taxes, according to the prevailing economic conditions.
Price increases will be announced one month prior to their application, and they apply to quotes and orders in hand.
PAYMENTS:
Terms of payments are confirmed when an account is opened, and are dependent on the terms of our credit insurance, and according to each country.
We do not give discount for early payment.
In accordance with Article L441-6 of the Commercial Code, any delay in payment will give rise to the following from the first day of delay, regardless of their status with the supplier:
- An interest rate for delayed payment will be applied, equal to the European Central Bank refinancing rate plus 10% (French Law of Modernization of the Economy - LME – No. 2008-776 of 4th August 2008);
- A one-off payment of 40 Euros will apply to cover expenses (European Directive 2011/7 of 16th February 2011, Law 2012-387 of 22nd March 2012, and Decree 2012-1115 of 2nd October, 2012);
- When the recovery costs exceed the amount of the oneoff payment, additional compensation will apply where justified.
In the case of late payment, a one-off payment may be required, replacing existing conditions. We will not accept any set off, only our assets have a legal value.
DELIVERY TIMES:
Despatch dates are indicative only and we shall not be liable for any delay or failure in carrying out our obligations where the delay or failure to deliver is caused by risks of manufacturing or where the cause is beyond our control. Delivery delay will not give rise to compensation payment or goods rejection.
SHIPPING:
Orders are sent to our distributors. We do not deliver to site. Charges and risks incurred from the transfer of merchandise depend on the Incoterm used for the commercial transaction. The carrier is solely responsible for their delivery, and in the event of delay, missing items, damage or other dispute, the customer must indicate this via the delivery driver’s paperwork (either electronically or in hard copy) AND follow up with written notification sent by recorded delivery within 72 hours. A copy of this letter must be addressed to us.
CLAIMS:
No claim will be allowed where the delay in reporting exceeds 7 days following receipt of the goods. The whole of the delivery cannot be rejected because of partial damages and shortages.
PROPERTY IN GOODS:
Notwithstanding any agreed terms of sale, the goods shall remain the property of the seller until payment is made in full. The failure to meet a payment deadline may result in the reclamation of these goods. The buyer assumes the risks of loss or damage, regardless of the means of delivery, as described in ‘DELIVERY TIMES’ and ‘SHIPPING’ above, as well as liability for the damage they might cause.
WARRANTY AND RESPONSIBILITY:
Our finished goods delivered after 1st January 2024 are warrantied against any manufacturing defect for a period of 30 years, including electronic controls, excluding other electrical accessories (e.g. hand dryers, etc.) which have a 3-year warranty from the invoice date. This does not apply to products with an expiry date. Spare parts have a one-year warranty.
This warranty is limited to replacement or repair of defective components as determined by our workshops in France but excludes the cost for spoilage, handling and carriage or compensation whatever it is. We are not responsible for handling charges and the cost of returning products to our workshops.
Disasters or major water damage as a result of manufacturing defects are covered by our product and/or public liability insurance.
To invoke the warranty, the customer must immediately notify us in writing of the defects attributed to the product, specifying the conditions of use in place at the time of their discovery and provide us with all relevant material elements demonstrating the existence and nature of the defect.
Our warranty and responsibility does not include the following:
- installation that does not comply with the technical specification or current recommended guidelines;
- worn parts;
- non-compliance with installation, user and maintenance guides;
- other factors independent of our products’ quality, for example: detergents or abrasive cleaning products, the action of hard water, foreign bodies (e.g., gravel, sand, iron filings, scale, etc.), chemical and electrolytic phenomenon;
- lack of supervision, poor storage or poor maintenance;
- product modifications or actions by the customer, or a third party, without our authorisation using non-DELABIE components and/or consumable items.
- errors, carelessness, negligence or incorrect information from the client;
- products past their expiry date.
The water-tightness of connections, joints and the product housing is the responsibility of the professional responsible for installation, and must be guaranteed by them. Warranty excludes joints, valves, washers and rubber seals. However, they would be supplied if the warranty application requires them. Any finishes other than chrome or nickel are also excluded from the warranty. In the event that the product has been discontinued or manufacturing methods have changed and replacements are not available, similar alternative products will be offered. Replacement under warranty will not extend the duration of the original warranty.
The supplier’s civil liability is excluded in all cases listed above. It is limited to compliance with the specifications and can only be initiated if the Customer has previously demonstrated the existence and extent of damage, a fault and the causal link between this fault and the damage.
It is limited to direct material damage, excluding all immaterial or indirect damage such as loss of operation, profit, opportunity, commercial damage, loss of earnings.
The supplier’s liability, for all causes except bodily injury and gross negligence, is limited to €750,000 per order or contract.
MEDICAL DEVICES:
DELABIE is obliged to deliver Products that comply with the specifications and quality standards as per REGULATION (EU) 2017/745 of 5 April 2017 on medical devices.
All documentation that is necessary for a reseller to sell the goods and to fulfill the obligations set out to chapter II Art. 14 of 2017/745 MDR (general obligations of Resellers) can be provided by DELABIE upon request (i.e. EU declaration of conformity).
As a reseller, the customer shall maintain a complete and current listing of the locations of all Products in Reseller’s inventory and the names of its customers who have purchased Products in the Reseller’s inventory and the names of its customers who have purchased products from the Reseller, together with the dates of such purchases and Product lot numbers for at least ten years.
The commercial documentation as well as the ancillary documents, such as the instructions for use, the regulatory labelling and the technical information, may not be changed or modified by the Reseller. DELABIE cannot be held responsible for any change in the content of the documents and labelling if this is not the case.
The reseller undertakes not to make any changes to the products, either to the device itself or to its packaging or labelling.
As part of its quality system, the Reseller will ensure that, as long as the products are under its responsibility, the storage or transport conditions comply with the conditions defined by DELABIE. This vigilance will focus in particular on expiry dates, with the removal of out-of-date products from the shelves, as well as appropriate storage facilities in which the conditions are those required by the characteristics of the products and best adapted to ensure their proper preservation.
As a reseller, the customer shall within five working days from the date of receipt notify DELABIE or National Authorities (see link below) with any written complaint regarding a Product received from its customers. DELABIE shall provide the Reseller with a preliminary answer within two working days from the date of receipt of the Reseller’s notice.
https://health.ec.europa.eu/medical-devices-sector/new-regulations/contacts_en
DELABIE, as the manufacturer of the medical devices is responsible for fulfilling the duties according to chapter VII section 1 and 2 of 2017/745 MDR (post-market surveillance, vigilance).
As a reseller, the customer must support DELABIE in the event of a recall, and shall inform its customers in such a way as to cause the least disruption of the sales of the Products and to preserve the goodwill and reputation attached to the Products and to the names of DELABIE and the Reseller.
DELABIE shall pay in full all costs of retrieval, recall and replacement of the Products (including if such recall or replacement is required by DELABIE). DELABIE shall maintain adequate records of manufactured Products by batch and lot, including test and laboratory observation data and will provide copies of such records to the Reseller, as may be reasonably necessary in connection with any recall.
SPARE PARTS:
Spare parts and mechanisms that are essential to ensure the correct operation of our products will be held in stock for the duration of the guarantee. They are listed at the back of our catalogues.
RETURNS:
Goods may not be returned to us for credit without our prior written approval obtained by the buyer from the Company and they are received in a good state (determined by our goods inwards department). All transportation costs for returned goods must be paid by the buyer. Goods must be returned to our factory* with good protective packaging.
Deliveries less than a month old will be refunded at the invoiced price. For deliveries older than one month, a deduction will be made for checking, handling and administration costs. A repair and re-stocking fee will apply where appropriate.
Product returns are not permitted in the following circumstances: discontinued products, specially manufactured products, technical or aesthetic evolution of the product since the date of purchase, scratched or damaged products, products purchased more than one year previously, products with an expiry date. If sent to DELABIE, those products outside the scope of returns will be immediately destroyed/recycled, and will not be returned to the customer.
The schedule of standard deductions is as follows:
- return less than 1 month: refund at invoiced price
- return between 1 and 3 months: deduction of 15%
- return between 3 months and 1 year: deduction of 30%
- return after 1 year: no refund possible.
- return without prior agreement: additional deduction of 5% of the value of the goods with a minimum value of €50 excl. VAT.
* DELABIE S.A.S.
18, rue du Maréchal Foch
80130 Friville Escarbotin - FRANCE
CLEANING - MAINTENANCE:
Clean with slightly soapy water only, using a soft cloth or sponge, rinse and dry thoroughly. Do not use abrasive or chlorine-based products (with a hydrochloric acid base), or dyes.
PHOTOGRAPHS AND DRAWINGS:
All photos, drawings or illustrations are for illustrative purposes only, without contractual obligation, and may be subject to change without notice. We reserve the right to modify designs and dimensions without notice and without recourse. This applies to all references, dimensions, information contained in various documents, catalogues, installation guides, price lists and websites, which can be modified or discontinued at any time without notice.
INTELLECTUAL PROPERTY AND USE OF CONTENT:
The content (including but not limited to the information, text, graphics, data, images, photos, visuals, videos and soundtrack, and the format of all these elements and our catalogues, websites, etc.) are protected under copyright and/or other intellectual property. The contents are the sole property of their respective editors. Any copying, reproduction, use, adaptation, alteration, modification, translation, dissemination, complete or partial, of content, whether they belong to DELABIE or a third party which has granted the rights to DELABIE, by any means whatsoever, is illegal except for the limiting rights that are granted below, and/or private copying for the exclusive use of the copier. The content presented in our communication and business tools may be subject to change without notice and are provided without warranty of any kind, express or implied, and cannot give rise to any right to compensation. Protected content may be specifically identified by the following copyright notices: © or “All rights reserved”.
The names and logos appearing in our catalogues and websites are registered trademarks. These distinctive marks are the exclusive property of DELABIE or third parties who have granted the rights to DELABIE. Any use, complete or partial reproduction, or imitation of these marks is prohibited without prior express consent of DELABIE.
Alteration and modification of the contents or their use for any purpose other than that authorised, constitute an infringement of DELABIE’s, or a third party’s, property rights. With the following limitations, DELABIE grants you the right to download and distribute the content
- where the download function exists
- for non-commercial purposes
- in good faith
- for maintaining the proprietary notices intact, and for the publication or posting of existing content online, if such information is stated. This right should in no way be interpreted as a trademark or copyright license for the aforementioned content.
PERSONAL DATA PROTECTION:
In line with the General Data Protection Regulation (GDPR), DELABIE is doing everything necessary to limit to a bare minimum the collection of personal data, and its conservation and ensure its protection.
DELABIE only uses this data for its own use for purposes of information and commercialisation of its products.
It is not, under any circumstances, given to third parties. The right of access, rectification, removal and opposition to the processing in addition to the limitation and transferability of your data is possible on request to our Data Protection Officer (DPO) at DELABIE via email (dpo@delabie.fr) or recorded delivery with a photocopy of a photo ID to the following address: DELABIE, 18 rue du Maréchal Foch, 80130 FRIVILLE, France.
To improve our services and for training purposes, calls to DELABIE may be recorded. These recordings will not be retained, and will be systematically deleted within a maximum period of 48 hours.
EXCLUSIVE TERRITORIES:
In most countries throughout the world, our company has entered into exclusive agreements with organisations to import and distribute our products. Within this framework, our clients cannot sell our products outside their national borders without an express prior agreement on our part.
JURISDICTION:
Acceptance of an order delivered from France settles the contract under the French law. All disputes arising from the present contract will be settled definitively by the Court located in the area of our domicile, even in the event of multiple defendants, regardless of the delivery location or stipulated payment. All clauses to the contrary will be considered null by the mere fact of having dealt with our company.
