TERMS OF SALES
A. Purpose and scope
Any order of products implies the acceptance by the buyer and his full acceptance of these terms and conditions which prevail over any other document of the buyer, including all terms and conditions of purchase, except derogatory agreement prior express our society. Any other document that the general conditions of sale, including catalogs, brochures, advertisements, notices, price lists, is merely informative and indicative, non-contractual. Because of the improvements we are making to our equipment, figures and features of our catalogs and explanatory notes, plans and drawings provided on request are only given as an overall indication.
B. Orders and quotes
Per order means any order of the customer for our products, the rate of scale in force on the day of acceptance of the order and formally accepted by our society. Upon acceptance of the order, the latter has irrevocable; any request to change the composition or size of an order must be expressly accepted by PARTENAIR, we demand being made in any written form. The price of any order canceled by the customer due to its full amount by the due date. Our specific offers and quotations are valid for acceptance within a maximum period of one month. After the period of one month, our prices are considered indicative and not binding. All orders totaling
C. Rates Price
Our rates and scales are shown on brochures, and may be revised by us at any time; Any price changes will be automatically applicable on the date indicated. Our prices are fixed by the tariff in force at the date of acceptance of the order or the acceptance of our offerings or specifications. All prices are in Euros excluding taxes and materials packaged (installation and commissioning excluding service).
Free shipping is granted for any order which shall be delivered in Metropolitan France – except for Water Chillers - and whose total amount is greater than 300 Euros excluding taxes.
D. Payment - Time - Delays and unpaid
All orders are payable in cash and in full to order. If agreed in our society, a payment may be granted up to 45 days after the end of the month of issue of the invoice, without discount for early payment. Important: The accepted bills must be returned 48 hours after receipt of the invoice. Lack of payment of a value or invoice by the due date or extended due without our agreement, all other securities issued immediately become full-right and payable without any formality. Any delay in payment will be subject to a penalty set at three times the rate of legal interest; these penalties are due by right and will be brought automatically to the customer account debit, besides the statutory lump-sum compensation for recovery costs 40 € due also automatically and without any formalities on the first day of late payment. Also, if settlement on the agreed dates, and by express agreement, regardless of the stipulated payment, a contentious procedure (ie when formal notice remained unsuccessful within a week or setting recovery by bailiff) leads the Application for damages and interest to a supplementary allowance equal to 15% of the outstanding amount; all recovery costs, summonses, bailiffs, lawyers and all additional costs to be offending client load extra; Moreover, we can ipso facto suspend deliveries in progress and cancel or refuse orders.
The packaging is not taken back by PARTENAIR, unless otherwise stated. In the absence of specific indication about it, packaging is prepared by PARTENAIR, acting on the client's best interests. The material is generally made available to the customer protected for road transport. Upon request and surcharge, PARTENAIR can provide a specific package.
F. Shipping - transfer of risk
Deliveries are made carriage paid (subject to the control amount under C) in metropolitan France (excluding Corsica). In all other cases, the cost of transport is borne by the buyer. In all cases of shipping, including by a carrier selected by our company, the goods travel at risk and peril after their delivery to the carrier. In case of damaged or missing, the customer must make specific reservations directly with the carrier and confirm the carrier by registered letter with acknowledgment of receipt within 3 days pursuant to art 133-3 of the Commercial Code, transmitted a copy to our company. Acceptance of shipments by carrier discharge us from liability subject to specific returns accepted by us under the conditions below to H.
G. Delivery times
Our delivery times are given for information only and under no warranty, these depending on the availability of carriers and the order of arrival of orders; they can not give in any case, the pretext to compensation for late delivery or cancellation of orders. Our company strives to meet the best delivery that indicates the acceptance of the order.
H. Returns of goods - assets
Any return of goods must be subject to all evidence by the customer of defects found or missing, including reservations to the carrier as mentioned in F. and prior approval of PARTENAIR. The goods must be returned postage paid to the registered address of PARTENAIR. They must be in perfect condition and presentation, even for their original packaging. If necessary, the assets are subject to inspection by PARTENAIR parts and will be a deduction amounting to 15% of billing for costs of restocking except delivery error charged to PARTENAIR. Receiving unqualified goods by the customer covers all apparent defects or missing products.
Our goods are guaranteed against defects in manufacturing or material defect for one year from date of shipment of defective parts returned prepaid to our address (not used filter elements). This warranty does not apply to products that have been modified, repaired or disorderly without our authorization or deteriorated as a result of improper use to that intended by the manufacturer. Our warranty is limited to simple replacement, starting headquarters PARTENAIR of all parts supplied by us and found defective, and we accept no liability for accidents to persons or things that would result. Labor, transportation costs or travel are the responsibility of the buyer. No compensation may be claimed as damages or interest for any reason whatsoever. Taking possession of our goods includes the acceptance of the above conditions. The warranty claims on the delivered material can not justify any delay in payment, payment default resulting ipso facto termination of the warranty.
J. retention of title clause
PARTENAIR retains full ownership of the property subject of the contract until full payment of the invoice price, notwithstanding the transfer of risk indicated by F. As of delivery to the carrier, the buyer assumes responsibility for damage or loss that these goods could suffer or cause for any reason whatsoever. Until full payment, the buyer will be legally considered as custodian of goods sold. Not a surrender payment of bills of exchange or other securities creating an obligation to pay. Any agreement inconsistent with these provisions shall be null and void. In case of non-compliance by the purchaser of one of its terms of payment, or in case of any violation of this clause, PARTENAIR may exercise its right to claim and demand of right and without formality, restitution goods at the expense and risk of the buyer. PARTENAIR will also automatically terminate the sales contract by letter registered with acknowledgment of receipt and keep the payments may have been paid, as compensation, without prejudice to its right to demand penalties and recovery of compensation or litigation mentioned in section D.
K. Force majeure
Our company will be relieved of all liability for failure to execute a command for reasons of force majeure to which are assimilated any event beyond the control of the Company and impeding normal operation including: staff strike, carriers , natural disasters, fire, any inability to obtain supplies or deliver to a company not attributable to our cause; our company will inform the customer of the situation as soon as possible and if not possible beyond 30 days, orders can be canceled simply by either party without the customer being entitled to any compensation, any sums paid by the customer is refunded within 30 days.
L. Challenging - Applicable law
Any dispute concerning the interpretation or performance hereof shall be governed by French law and supplementary basis by the Vienna Convention on the International Sale of Goods and will be the exclusive jurisdiction of the Tribunal of Commerce headquarters PARTENAIR (commercial Court of Evry), regardless of the place of the control, delivery, sales conditions and the method of payment accepted, even in cases of appeal or multiple defendants.