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General Sales Conditions General Sales Conditions | I - GENERAL - APPOINTMENT CONTRACT
Unless written exemption established by mutual agreement, the client simply because it places an order, agreed contractually these conditions of sale and warranty, and finally gave up against its own conditions of purchase.
II - OFFERS
1) Nature
Not included in the offers, unless otherwise stipulated or the subject of an offer based on additional request:
- The fittings and flexible or rigid pipes needed to link devices and the corresponding location study outside the manufacturing of the manufacturer.
- The implementation work, connection and commissioning, which can however be established a special offer on request.
- All work and materials for packaging and protection.
2) studies and documents annexed to offers
The documents, plans and diagrams of equipment attached to the offers are for convenience only.
The plans and drawings (assembly) that can be attached to all documents and deals are provided only as an attempted solution and does not bind the manufacturer.
Unless they are under a contract of sale, studies and documents of any kind provided or referred by the Seller remain its sole property and shall be returned upon request.
These studies and documents are provided free unless the seller an estimate of the cost contribution of the study was shown to be due for failure to control.
III - ORDERS
It commits the manufacturer after acceptance by the leadership of the latter.
In case of cancellation of an order, the part of the order already executed on the date of receipt of written notification of the waiver, must be paid, without prejudice to any right to damages from the manufacturer.
IV - AWARD OF SALE - PAYMENT
Our goods are billed at the rate prevailing on the date of the order unless a written commitment from us and our prices are no guarantee for the future.
A statement of account and your number and code SIREN EPA will be sent to us to proceed with the opening of the account.
Invoices are payable by trafficking in 30 days.
Payments made before expiry of this deadline will result in no discount.
Under Law No. 92-1442 of December 31, 1992 any amount not paid when due will result in payment delay penalties equal to 3 times the legal interest rate.
V - RETENTION OF PROPERTY
The transfer of property is perfect with respect to the customer at full encashment at maturity of the aircraft price, either by value or by compensation or by sale as security for debts of the unborn reselling the equipment concerned. In the latter case, the client has the obligation to serve, through extra-judicial, the assignment he has consented to the manufacturer (Law 80335 of May 12, 1980 in which the buyer claims to have full knowledge). When they have a plate of firm or any other distinguishing mark, the device manufacturer's even embedded in sets, do not lose their individuality and are subject to this retention of property.
VI - PROVISION - TRANSPORT - DELIVERY
Whatever the destination of the equipment and the payment terms, the provision is deemed to be made in factories or stores manufacturer. The risk transfer is perfect from the date of notification of this provision, including delivery. The expedition runs the risk of the customer, in any case, it is the buyer of controlling inbound shipments and practice, if applicable, its action against the carriers, even if the shipment has been made FREE.
The goods delivered remain our property until full payment price in accordance with the terms of Act No. 80335 of May 12, 1980.
Delivery times will be respected wherever possible. Delays can never justify the partial or total cancellation of an order or lead to penalties or damages.
VII - GUARANTEED
The manufacturer warrants the equipment sold and supplied by him against any defects or faulty manufacture and operation, whether from a defect in design, materials, manufacture or performance, and that under the conditions and within the following limits:
1) The guarantee applies only if the customer has met the general obligations of this contract, especially payment terms and guarantees.
2) The warranty is strictly limited supplies sold by the manufacturer.
3) When the material is incorporated by the client or third, to any equipment, they are solely responsible for the adaptation, selection and adequacy of supplies of the manufacturer. The guarantee is not given, especially in case of default installation, adaptation, design, relationship and functioning of all or parts of the assembly thus created.
4) The manufacturer's warranty is valid for 12 months or 1 000 hours after delivery, except for parts considered wear as described in the table below:
Wear Parts Warranty period
Flexible ................................................. ................ 2 months or 200 hours
Gaines protection ............................................. 2 months or 200 hours
Rings ................................................. ................. 6 months or 500 hours
Axis ................................................. ..................... 6 months or 500 hours
Lubricants ................................................. ............ 2 months or 200 hours
Fuses ................................................. ............... 2 months or 200 hours
5) To claim the benefit of the guarantee, the customer must notify within 72 hours the manufacturer, and writing (DG sheet available on request); vices he attributes to his equipment. It must give the manufacturer every facility to make finding the defects and remedy them. Any default installation (leaking movements) or finishing (painting, cleaning) must be reported within one week of the mailing date of the reference machine. Otherwise SOERMA.TP can not be held responsible for problems occurring after a benefit other than his own. SOERMA.TP remains the sole judge of the nature of the defect. In any case, the client can start or make repairs without having received the written agreement of SOERMA.TP. Any repair, however short, made or commenced without written permission of SOERMA.TP will not be considered under warranty.
6) The loading and unloading equipment to modify SOERMA.TP must be done by a competent person under the responsibility of the customer. SOERMA.TP can not be held liable for damage caused during loading, unloading and transport equipment, even within its site.
7) The warranty does not apply when replacing or distribution resulting from normal wear, abrasion and corrosion of equipment or failure of the manufacturer's recommendations.
8) The warranty does not apply if the equipment is not returned within a period of 15 days from the manufacturer in the state where it crashed.
9) The guarantee is limited to the obligation to restore in the manufacturer's workshops at its expense and as soon as possible, materials and parts supplied by him, found defective by its technical services and which have been prepared Franco. During the warranty period and remain dependent on the customer's expense, the cost of labor of dismantling and reassembling of equipment outside the manufacturer's facilities.
10) The manufacturer's responsibility is strictly limited and defined obligations and it is expressly agreed that the manufacturer shall be liable to any compensation.
11) Cost Recovery
- Damage:
Disclaimer SOERMA.TP»> Customer Response
[No. hours x PV Mo (40 €)] + (PR x Item Qty) + (No. km x 0.50 €) + Fresh Hotel
Disclaimer Client»> Response SOERMA.TP
[No. hours x PV Mo (40 €)] + (x Qty Each PV) + (No. km x 1.00 €) + Fresh Hotel
PR = Cost of PV = Price = Mo Workforce
- For travel: .12 € / 45 € Meals / Overnight hotel
12) Return defective parts: each part sent under warranty will be invoiced to be offset by a credit once the defective part received and analyzed as such by SOERMA.TP. SOERMA.TP alone is empowered to decide on the equipment it provides.
VIII - WORK ON SITE
Customer acknowledges that the work performed on site the client shall be subject to special conditions, conform to the terms and conditions recommended by the Convention of Metallurgy.
IX - AWARD OF COURT
In case of disputes, the court in Roche-sur-Yon is solely responsible. |
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