SERVATHIN TERMS AND CONDITIONS.
GENERAL: Our terms and conditions as stated below are the sole valid terms and conditions. Any changes must be the subject of a written agreement.
All offers are made without commitment insofar as the technical information, dimensions, weights, etc are concerned. Our offers including a technical study are given in a strictly confidential context and may not be communicated to third parties. In the event of an order not being placed, we reserve the right to demand the return of any offer and enclosed documents that have been the subject of a study. We will not accept any claim request due to a failure or fault in our equipment and software.
1- ACCEPTANCE OF ORDER: orders which are sent to us directly by our customers or which are transmitted by our agents or representatives only engage the responsibility of our company when they have been confirmed in writing. Orders are finally accepted on reception of the deposit payment cheque (see § payment).
2- PRICES: our prices are defined for delivery CARRIAGE AND PACKAGING FREE, equipment delivered at ground floor level or on the delivery platform, in METROPOLITAN FRANCE. Sending the price list does not constitute a contractual commitment, as prices can be changed without prior notification.
For export equipment, the buyer must provide a certificate signed by the indirect taxes office. All the taxes, fees or other services to be paid in application of the French regulations or those of the importing country are at the buyer's expense. 3- PAYMENT: our invoices are due for payment at our head office at 45 days end of month, net without discount.Any lateness in the stated payments, in addition to the legal consequences, will lead to liability for interests calculated at the legal rate, increased by 5 points.
Unless a special agreement has been concluded, payments for equipment are to be made under the following conditions:
- 30% of the amount excluding tax payable at the time of order, by cheque, net without discount on reception of the pro-forma invoice.
- The VAT by cheque on delivery. The remainder of the amount excluding tax by accepted bill, 45 days from the end of the month net without discount.
Any financial holdback will be limited to 5% of the order amount, and payable on delivery on the handover of a bank guarantee of the same value, to be released within one year maximum after the delivery.
Any lateness in the stated payments, in addition to the legal consequences, will suspend the guarantee.
4- PROPERTY RESERVATION CLAUSE: goods and products delivered remain SERVATHIN's property until complete payment of their price. Cheques and bills of exchange are only considered to be payments from the date on which they have been cashed. In spite of the application of this property reservation clause, the buyer will be responsible for supporting the risks in the case of loss of or damage to our products.
5- DELIVERY TIMES: the delivery times mentioned in sales offers are given as a guideline, only the delivery times indicated in our acknowledgements of receipt are valid. Delivery times start from the date of complete agreement on the technical execution and sales clauses, in particular the payment of the deposit on the order. We reserve the right to carry out partial deliveries. Unforeseeable manufacturing difficulties, such as failure of subcontractors and non-compliant supplier deliveries enable us to extend the stated delivery times without giving the purchaser the right to claim penalties for delay. In the case of "force majeure", we reserve the right to cancel, totally or partially, our undertakings. In all cases, the extended delivery cannot be a motive for cancelling the order or requesting compensation.
6- SHIPPING: our goods always travel at the addressee's risk. A transport insurance will be taken out on request by the addressee by written agreement. Claims will not be accepted if the buyer has not notified them in writing within 48 hours after the arrival of the goods.
Return of goods is only accepted with our prior written agreement. In the case of damage or loss, the addressee undertakes to register the necessary reservations with the carrier and to inform us in writing. Spare parts are shipped at the addressee's expense (according to the applicable shipping rates).
7- DELIVERIES INSTALLATION PUTTING INTO SERVICE: only the conditions indicated in our sales offers are valid.
8- TOLERANCES: the dimensions indicated in catalogues and offers give an approximation of the dimensions of parts and equipment. The tolerances to be respected must be indicated to us during the tender period and then on the order.
9- GUARANTEE: unless stated otherwise, our equipment is guaranteed for one year, including parts, labour and travel in metropolitan France, starting from delivery, or the end of assembly in the case of equipment assembled on-site. For exported equipment, only the guarantee noted on our offer is valid. Our guarantee does not cover current maintenance operations, consumable products, handling errors, external shortcomings and abnormal use. Any part recognized by us as being defective or non-compliant will be replaced but this recognition cannot give rise to a right to damages.
Heating and visibility elements are not guaranteed because their lifespan depends on the conditions of use. Any part found to be defective must be returned to us to be surveyed and any part replaced under guarantee becomes our property. Return shipping costs remain at the customer's expense, if equipment is not returned the guarantee cannot be applied.
Changes and repairs, performed by the buyer or an agent chosen by him without our written agreement, systematically liberate us from any guarantee.
Repairs do not, under any circumstances, extend the duration of the guarantee, and a failure during the guarantee period cannot lead to the payment of compensation or damages, whatever the losses suffered.
Parts changed during after-sales service interventions (outside the guarantee period) are guaranteed for 3 months (not including travel and labour).
10- DRAWINGS: in the event that drawings are provided to the customer, the drawings remain entirely our property. They may not be used for the manufacture of parts or equipment, nor may they be copied or entrusted to third parties. On our request, the drawings must be returned to us. In the event of changes to our products, we do not commit ourselves to recalling or exchanging drawings that are no longer valid. The dimensions, weight, size, points of connection, and other data are only given as guidelines except when expressly confirmed by us.
11- SPECIAL CONDITIONS: any special condition that may be indicated in a quote only changes the paragraph concerned in our terms and conditions.
12- SPECIAL CONDITIONS FOR SOFTWARE: SERVATHIN software is covered by the legislation protecting the authors of data-processing software. Any copy other than a backup copy is liable to the penalties provided for by law. We will not accept any claim request due to a failure or fault in our software, whatever the damage suffered.
13- RE-EXPORT: our customers may need to re-export equipment purchased in France. They bear the sole responsibility of applying the regulations defined by the government authorities concerning the exclusion of certain countries.
14- DISPUTES: In the event of a dispute, the Versailles court has sole jurisdiction.