In the event of contrary clauses in the contracting party’s general conditions, said party hereby renounces the right to these clauses.
Article. 1 Guarantee. Goods are guaranteed 12 months when the cost is up to 30€ exc. tax and 6 months when the value is less than 30€ exc. tax. The guarantee is strictly limited to the replacement of parts that are obviously defective due to faulty manufacture. The guarantee starts from the delivery date or the arrival date. All parts or equipment damaged in transit or due to an overload whether electrical or atmospheric are excluded from the guarantee. Damage caused by faulty use of the equipment or lack of maintenance and all transformation or modification of the equipment, will annul the guarantee. Any expenses incurred for return of goods to our headquarters or for eventual travel and in situ work must be met by the client. Batteries are not guaranteed. On no account can any equipment on which a defective part needs replacing be itself replaced, nor can any eventual immobilisation be the subject of compensation, regardless of the cause. For equipment outside the guarantee, repair costs that do not exceed 40% of the value of said equipment will be invoiced without prior estimate being given. For repair costs greater than 40%, an estimate will be made, prior to the work being carried out, on demand by the customer or in any case where the estimated cost exceeds 150€ HT. For any estimate that is refused, a participation charge of 10% of said estimate amount will be invoiced.
Article. 2. Prices and regulations. Our prices are ex-works ECLATS ANTIVOLS. They are based on the tariff in force on the delivery date and are subject to alteration without notice, notably in the event of changes in the exchange rate between the US DOLLAR and the EURO or price rises by our suppliers. Invoices must be paid in full with no rebate, either by cheque, money order or bank card in metropolitan France or by bank cheque, money order, bank draft or documentary credit for export: there will be a 500€ surcharge for all payment by letter of credit (you must pay all charges emanating from your bank). All payments by uncertified cheques for export will incur a 2-month delivery delay while clearance is obtained. A fixed charge of 5€ in EUROPE and 10€ for export will be made per delivery plus VAT per delivery. It is hereby agreed that all non-payment of invoices will lead, without further notice, to payment of 2% interest per month on the sum owed, plus an immediate claim for all outstanding amounts to be settled plus, by way of compensation for damages and interest, an indemnity equal to 15% of the sums owed, plus any eventual legal fees and interest
Article. 3 Ownership. In accordance with the French law of 12 May 1980, ECLATS ANTIVOLS retains the complete ownership of all goods making up an order until payment of the invoiced price has been made in full. In case of non-payment, ECLATS ANTIVOLS reserves the right to demand by registered letter, the return of all goods at the buyer’s expense.
Article. 4 Deliveries. Regardless of mode of transport, our goods travel at the risk, peril and cost of the consignee. It is his duty to check the package on arrival and to signal any damage noted to the transporter by registered letter within 3 days or risk forfeit. Any unjustified refusal of a consignment will result in the consignee being charged for the round trip delivery cost. Carriage extra for all countries.
Article. 5 Delivery times. The delivery time is always given as precisely as possible although we cannot guarantee it. It is hereby agreed that delayed delivery cannot be invoked as a reason for order cancellation nor can refusal to deliver justify any penalties or damages.
Article. 6 Annulment and return of goods. The annulment and return of goods can only take place with our prior consent. All resulting costs must be paid by the customer. All returned goods are liable to a 10% verification cost and a 5% restock charge. Our credit notes are valid for six months. Outside this period the credit note is null and void.
Article. 7 Civil responsibility. We decline all responsibility for any damages or consequences resulting from the use of our goods. Nevertheless, whatever the theoretical duration of our responsibility, all purchasers of our goods agree by accepting our general conditions of sale, not to pursue settlement of damages of more than 2000€ including 70% personal injury.
Article. 8 Various. The information contained in our printed catalogues, pamphlets or leaflets including technical characteristics and specifications is not binding, can be modified at any moment and cannot be used to justify the cancellation of an order or give rise to compensation or penalties. Offers in this catalogue are valid from 01.09.2002. Some of our goods are not approved for use in France and are for export only; we cannot accept any responsibility for the final destination of these goods.
Article. 9 Jurisdiction. It is hereby agreed between the parties and that notwithstanding any clause to the contrary to be found on the buyers business registration or commercial documents, that the Court of Justice in Toulouse will have ultimate jurisdiction in the event of any dispute or litigation.