Terms and conditions
I - GENERAL INFORMATION
1 - Any order given by the purchaser implies acceptance of these general sales conditions. The invalidity of any clause of these general sales conditions will not affect the validity of the other clauses.
2 - Any clauses printed in the margins or in the body of the text of orders or letters from the purchaser, contrary to these general conditions, do not apply to us unless they were the subject of written acceptance by us.
3 - The weights, specifications, sizes and information available in our price-lists, catalogues and literature are only given for references purposes and do not bind us. Our models may be changed or cancelled in our catalogue at any time, without prior notice and without giving rise to any substantiation for claims or indemnity. Our prices may also be modified under the same conditions.
4 - Technical recommendations and studies are carried out free of charge and provided for information purposes. In no case whatsoever do they engage the responsibility of our company and are not to be considered as working data.
The user is responsible for checking and verifying that such data take into account the general rules applicable to this type of achievement, as well as to any special use conditions.
5 - Installation and assembly of certain equipment nonetheless require that specific conditions be observed and necessary provisions be provided, as well as powering of electrical systems and supplying of cold and hot or mixed water facilities, as well as all necessary water sewerage systems.
II – QUOTATIONS AND PRICES
1 - Any order for equipment products, will be considered as being firm on the day of its reception by us.
2 - All deliveries are invoiced at the price in force on the day of shipment or removal. Prices are indicated tax excluded.
3 - No request for cancellation shall be taken into account after partial or total completion of works, unless stipulated otherwise. The Company reserves itself the right to deliver and invoice all goods and materials which may have already been implemented the date the cancellation request is received. Orders are accepted without any liability of delivering the entire order in one shipment.
III – PAYMENT TERMS AND CONDITIONS
1 - Due Value
Invoices are payable at the head office net and not subject to discount and paid by irrevocable confirmed documentary credit at sight, unless otherwise agreed.
No preferential facilities can be agreed except in special circumstances, for a specific project or for a fixed period. We reserve the right to suspend any payment terms in the event of changes in commercial circumstances and to ask the Purchaser to provide a guarantee, approved by us, that he will discharge his contractual obligations satisfactorily.
Initial deliveries to new customers will be made on a «cash on delivery» basis or by advanced payment.
2 - Payment
Any late payment at set due times automatically results in the application of a penalty for a sum at least equal to that which would be obtained through the application of an interest rate one and one-half times that of the legal interest rate. Also, anticipated payment will not give rise, in any case whatsoever, to a discount.
Payment defaulting at a due date makes immediately payable all other payment due or to fall due, and this by full right without prior notification. In the event of non-payment, we reserve the right to cancel all orders or contracts in progress or to suspend contract performance.
3 - Compensatory retentions
No claim concerning the quality of a supply can be used to suspend payment corresponding to this supply unless the defects were accepted by us prior to the due date. Suspension of payment, if applicable, can only concern simply the invoicing value of the disputed parts.
The purchaser is not allowed to retain due payments, no matter what the juridical reason evoked may be, nor to carry out compensatory retention on the total sums of our invoices, no matter what might be the type of claim.
IV - RIGHT OF PROPERTY
We remain the owner of delivered goods until the performance of all contractual agreements by the purchaser and in particular, but not limited to, the whole payment of said goods.
V. DELIVERY DATES
Delivery dates or dates of availability, are given for information purposes only.
Any late delivery or staggered delivery cannot, in any case whatsoever, give rise to indemnity or damages.
Observation of delivery dates assumes, in all cases on the one hand, observation of contractual agreements by the purchaser and, in particular, all payment conditions and agreements on the other hand, the non-occurrence of unforeseen events or circumstances being beyond our control (i.e. cases of 'force majeure').
VI – DELIVERIES
1 - Supplies are always sold as if being removed and approved by the purchaser in our premises and payable as such. The delivery or removal date is taken into account as the invoicing date.
2 - No matter what might be the sales conditions, all goods travel under the risk and responsibility of the addressee, even in the event of paid carriage delivery or possibly carriage free. We refuse all responsibility for damage, losses, deterioration of any type whatsoever, as well as any late delivery that may occur and affect goods during transport.
3 - Where applicable, the addressee makes the claims required at reception of goods and undertakes recourse against the hauler (Code de Commerce Article 100).
Therefore, the addressee at reception should check delivered equipment in the presence of the representative of the hauler, even if packaging seems intact and, in the event of damage, missing or replaced items make the necessary claims on the delivery documentation.
In addition, the addressee is responsible for making any necessary claims and in undertaking recourse against the hauler in the appropriate form and time frame scheduled by law (Code de Commerce Article 105).
Packaging is not returnable, even if invoiced.
VII – CONFORMITY OF EQUIPMENT
1 - No claims concerning the composition of the delivery, the quantity delivered, the weight or its nonconformity with the delivery bill will be accepted if not received by us within 8 days following reception of the goods by the addressed customer.
2 - A credit note shall only be issued after reception and checking of the quantity and quality of the returned equipment, as well as the packaging.
Any returned goods, whether or not altered, even to a minor degree, will be put aside for the shipper or will be the subject of a decrease in price in relation to the invoicing price confirmed by letter, corresponding to inspection, reconditioning, restocking expenses, etc.
3 - As sanitary equipment is not provided with heating or anti-freeze systems in the technical ducting, it must mandatorily be bled to prevent any risk of deterioration (refer to our technical instructions).
VIII – RETURNS OF PRODUCTS
1 - All returns of products must be preceded of our written agreement and will be sent with carriage paid to the address on the return voucher attached to the products returned.
2 - The returns would be as new and in their original packaging.
3 - The returns will be accepted subject to our agreement, in exchange for a pricing drop.
This pricing drop could be completed by potential costs of the returns repair as determined by our technical aid department.
IX – GUARANTEE
1 - In addition to the legal guarantee, our fittings are guaranteed against any material faults and manufacturing defects for a period of 10 years as from the local reseller’s purchasing or invoice date, starting from 1st January 2003.
This guarantee is limited to 2 years for the electronic taps and as well as the following equipments:
- Prestotherm and accessories,
- Mounting frames,
- Professional taps (Kitchen – Maestro® range and Industry) (Mixing valves, emergency body and eye shower, etc.),
- PRESTO Care® line: PRESTO Pack®, support rails, ceramics, ergonomic control mixer taps and accessories,
- Floor drains.
2 - The application of the guarantee is subordinated to the observance of our instructions and directives with regard to assembly, installation, implementation, checking and maintenance of the products. The building-in of products shall be in such a manner that they can be removed without any damage whatsoever.
3 - The guarantee exclusively covers the repair or replacement, free of charge, of parts acknowledged as being defective or, where impossible, by a part satisfying the same usage, expressly excluding any ancillary expenses such as labour, travel and transport, packaging damages, especially with regard to deprivation of use. The purchaser promises to return parts recognized as being defective which would have been replaced by new parts within a time delay of two months maximum, and this at his expense. The repair, the modification or the replacement of these parts during the time of guarantee has no effect on the extension of this guarantee. In no case whatsoever can the application of the guarantee substantiate late payment.
4 - If our products are incorporated in assemblies which are not manufactured by us, the guarantee as defined above only applies to our parts acknowledged as being defective. The responsibility of our company excludes totally a design, manufacture or assembly fault in the overall installation or a defect in parts which are not manufactured by us.
5 - The guarantee does not cover natural wear and tear of parts nor faults or damage which may be the result of bad use, a modification, incorrect installation or assembly of the product, unsatisfactory maintenance, abnormal use or a material accident, or unsatisfactory storage.
Furthermore, this guarantee does not cover the absence or deficiency of maintenance, nor the use of inappropriate abrasive corrosive or chlored products for cleaning purposes that are not suitable for the surface treatment of our products, nor chemical etching or corrosion of the various components of the fittings through solvents or disinfectants, nor the damage due to the quality of water or the presence of foreign particles in the water, nor the unforeseeable chemical or electrolytic phenomena which may occur during start-up of equipment and products.
Moreover the guarantee does not cover damage caused to persons or goods, other than the products covered by the guarantee and acknowledged as being defective, nor the loss of income due to the discontinuance of business.
6 - After leaving our premises, any fitting with a surface treatment modified by the customer, whether consequently causing or not disassembly of the product, or any equipment which has been subject to transformations or modifications, even slight, will not be covered by the clauses of the contract.
7 - For certain equipment we sell, the guarantee can only fully apply if recommended consumables are regularly and scrupulously used, such as liquid soaps, detergents disinfectants, bactericides and anti-liming blue cleaning products, etc. required for their correct operation.
In the event of a claim concerning a supply or the payment of a supply, the courts on which our head office depend are the only ones competent, even in the event of several defendants or for appeal to guarantees.
Payments by letter of credit or any other method of payment by acceptance do not operate as a substitution or a derogation to this juridical attribution clause.