ARTICLE 1 : These general conditions of sale apply to all orders and sales of goods by THERMODECO.
Consequently, any order for goods implies the buyer's unreserved acceptance and full and complete adherence to these general conditions of sale which prevail over any other buyer's document such as catalogs, prospectuses, advertisements, or notices, which are only indicative.
ARTICLE 2 - ORDERS : By order, it is necessary to understand any order relating to the products of the company THERMODECO appearing in its prices, and accepted by the company THERMODECO, accompanied by the possible deposit provided for on the order form. To be valid, any order must be placed in writing, either by letter, fax or e-mail. Our Company is not bound by any commitments that could be made by its employees or representatives unless expressly confirmed by its central departments. The fulfillment of orders by our Company is subject to the procurement of raw materials and parts from suppliers and manufacturers that are used.
ARTICLE 3 - MODIFICATION OR CANCELLATION OF ORDERS : Any modification or cancellation of an order requested by the buyer can only be taken into account by the company THERMODECO if the request is made in writing, including by fax or email, and has reached the company no later than 72 hours before shipment of products for stored products and 72 hours before production goes into production for non-stocked products. Our company has the option, for a period of 1 month from the date of the issuance of order acknowledgments, to cancel all or part of an order, on condition of it notifying the buyer before the expiry of this period, this termination not being able to give rise to any compensation or damages.
ARTICLE 4 - DELIVERY The delivery period does not begin to run until the date of receipt of the order. This period is given only as an indication and depends in particular on the availability of carriers and the order of arrival of orders. THERMODECO strives to meet the delivery times it indicates when ordering. THERMODECO is authorized to carry out centralized or individual deliveries. Any delay in delivery compared to the indicative delivery times initially planned cannot justify a termination of the order placed by the customer and registered by the company THERMODECO. Delays in delivery cannot give rise to any penalty or compensation. In the event that a modification to the terms of an order already placed is accepted by our company, the delivery period could, at our option, start to run from the day of acceptance of the modification by the company THERMODECO. In the event that an unforeseeable or independent element of the THERMODECO company occurs, such as war, riot, fire, strikes, epidemics, natural disasters, supply difficulties, the seller will be relieved of his obligation. to deliver the goods without payment of any compensation, without this list being exhaustive. Orders accepted by THERMODECO are executed taking into account that the customer presents all sufficient financial guarantees and that he will actually pay the sums due as they fall due. Also, if the THERMODECO company has serious reasons to fear payment difficulties on the part of the customer on the date of the order, or after it, or if the customer does not present the same guarantees as on the date of the order. date of acceptance of the order, it may make the continued execution of the order conditional on cash payment or the provision by the customer of additional guarantees for the benefit of the company THERMODECO. If the customer refuses cash payment, the company may refuse to honor the order placed and deliver the goods concerned, without the customer being able to claim a refusal to sell and payment of compensatory indemnities.
ARTICLE 5 - RISKS - TRANSFER OF RISKS - RECEPTION OF GOODS : The goods travel at the expense, risk and peril of their recipients even in the event of carriage paid or against reimbursement at the agreed place. The transfer of risk takes place upon shipment of the goods from the seller's warehouses. The recipient must proceed to the exact recognition of the delivered goods, and in the event of damage, loss or missing, it is up to him to make all the necessary observations and to confirm these reservations by extrajudicial act or by registered letter with acknowledgment of receipt. from the carrier within 48 (forty eight) hours of receipt of the goods. In all cases, it is up to the recipient to exercise all recourse himself with the responsible carriers and the seller can in no case be held responsible for the cost of replacing these goods. The unreserved reception of the products ordered by the customer covers any apparent and / or missing defect and releases the company THERMODECO from its responsibility. The complaint made by the purchaser under the conditions and according to the methods described in this article, does not suspend payment by the customer for the goods concerned. It is up to the buyer to provide all the justifications as to the reality of the defects or shortcomings noted. If, after having carried out an inspection, an apparent defect or a missing one is indeed noticed by the company THERMODECO or its agent, the customer can only ask the company THERMODECO to replace the nonconforming items and / or the addition to be made to fill the missing at the expense of the company THERMODECO without the customer being able to claim any compensation or cancellation of the order. The responsibility of the THERMODECO company can in no case be called into question in the event of destruction, damage, loss or theft, during the transport of the goods, even if it has chosen the carrier.
ARTICLE 6 - PRICE : The prices are stated in Euros, exclusive of taxes and any additional duties and taxes are the responsibility of the buyer. These prices are only indicative. Unless otherwise indicated, our price offers are valid for 3 months. The prices shown on our invoices and on our price offers may only be valid in certain circumstances and / or for specified quantities. They are not necessarily applicable for other orders. Goods are shipped free from 1,500 Euros net excluding VAT unless otherwise specified. For a lower amount, a participation is requested. The packaging is not taken back after delivery.
ARTICLE 7 - MODIFICATIONS : The information indicated in our catalogs, prices and other publications are given for information only. We reserve the right to make changes without notice at any time.
ARTICLE 8 - GUARANTEE : THERMODECO products are known and recognized for their quality. Our factories are ISO 9001 certified.
a) In addition to the legal guarantee from which the buyer benefits in accordance with the provisions of the Civil Code, goods sold new are guaranteed against any lack of conformity, and against any operational defect resulting from a defect in material, manufacture or design, during a period of a period of 1 (one) year from the date of delivery, subject to having been used in a normal manner and maintained in accordance with the manufacturer's instructions. The warranty will cease in the event of a malfunction resulting from an intervention on the equipment or in the event of negligence on the part of the customer.
b) Under the warranty, the THERMODECO company will only be required to replace at its own expense parts recognized as defective by its technical services or by a repair center approved by the THERMODECO company. The customer may not under any circumstances claim from THERMODECO for damages or compensation resulting from the loss of profit or loss of business of the buyer.
c) Defects and deterioration caused by abnormal use of the goods, or by improper use (error in assembly, faulty maintenance, negligence) or by a modification of the product not foreseen and not specified by the seller are excluded from the guarantee.
d) Repairs carried out under the warranty may not have the effect of extending its duration.
e) Apparent defects: in the event of apparent or missing defects, any complaint of whatever nature, relating to the products delivered, will only be accepted by our company if it is made by registered letter with acknowledgment of receipt, within 2 ( two) days from receipt. Otherwise, no complaint will be admissible. It is up to the buyer to provide all the justifications as to the reality of the defects or shortcomings noted. If, after having carried out an inspection, an apparent defect or a missing one is indeed noticed by the company THERMODECO or its agent, the customer can only ask the company THERMODECO to replace the nonconforming items and / or the addition to be made to fill the missing at the expense of the company THERMODECO without the customer being able to claim any compensation or cancellation of the order. In the event of apparent defects, the defective parts will be replaced by the company THERMODECO, subject to verification of the alleged defects.
ARTICLE 9 - RETURNS : Any product return must be the subject of a prior written agreement between the purchaser and our Company. Any product returned without this agreement would be refused or made available to the purchaser and would not give rise to the establishment of a credit note. The return only concerns goods that have not undergone any modification or alteration. All products made to order are neither returned nor exchanged without warranty. Any returned product must be packaged in its original packaging. The costs and risks of return are always the responsibility of the purchaser. After acceptance by the seller, the return must be made within a maximum period of 8 (eight) days from the date of delivery. Beyond this deadline, no credit will be provided. Returned goods are accompanied by a return slip to be affixed to the package and must be in the condition in which the carrier delivered them. Exceptionally, products usually kept in stock may be taken back subject to a specific agreement from our services, after qualitative and quantitative verification of the returned products, with a minimum discount of 50%, carriage paid if they are in new condition. and in their original packaging. The return procedure to be observed:
1. Any return, whatever the reason, must be subject to the prior agreement of our sales department, which will fax the customer a form requesting information.
2. upon receipt of this form, our Company will give its agreement with a return slip which will include the address at which the material will be checked.
3. Returned goods will be accompanied by the return slip to be attached to the package. The goods must be in the condition in which the supplier delivered them.
4. The equipment under warranty will be checked, refurbished and returned. Other equipment, after qualitative and quantitative verification for return to stock, will be the subject of a credit under the conditions mentioned above. Any return that does not fall within the framework of this quality procedure, intended to deal quickly and correctly with any disputes, will be refused or will be returned to the sender on his own account and the loss for the 'purchaser of the installments that he will have paid.
ARTICLE 10 - REGULATIONS : Unless otherwise agreed, payments will be made under legal conditions as stipulated in article L441-6 amended by law n ° 2008-776 of August 4, 2008: payment within 30 days of delivery date by bank or postal transfer sent to the THERMODECO company. Whatever special agreements have been made, the agreed deadline for settling the sums due may not exceed forty five days at the end of the month or sixty days from the date of issue of the invoice (Law No. 2008-776 of August 4, 2008). The payment date will appear on the invoice. In the event that the sums due are paid after this date, late interest at least equal to 3 times the legal rate will be immediately acquired by the seller (Law n ° 2008-776 of August 4, 2008). Failure to pay by the purchaser authorizes THERMODECO to suspend the delivery of any order in progress, without prejudice to any other course of action, claim for compensation and recourse before the competent court until full payment of the payable invoices. . Any partial payment will be charged first to the non-privileged part of the receivable, then to the sums which are oldest due. Failure to pay any of the
deadlines may result in the claim of goods. It is expressly agreed that the buyer may not in any case refuse to pay on a good date under the pretext of a lack of conformity, a malfunction or a hidden or apparent defect.
ARTICLE 11 - TRANSFER OF OWNERSHIP : It is expressly agreed that the THERMODECO company retains ownership of the goods delivered until full payment of the price, in principal, costs and accessories, even in the event of payment delay without this jeopardizing the transfer of risks stipulated in article 5. By express agreement, the company THERMODECO may exercise its rights that it holds under the retention of title clause for any of its claims on all of the products in the customer's possession, and THERMODECO company may claim them in compensation for its unpaid invoices. As such, it may at the expense and risk of the purchaser make an inventory of unpaid goods. The buyer is authorized within the framework of the operation of his establishment to resell the goods covered by these general conditions of sale.
However, in the event of resale, the buyer undertakes to immediately pay our company the part of the price remaining due or to inform the sub-purchasers that the said goods are subject to a retention of title clause and to notify us of this assignment so that we can preserve our rights and, if necessary, exercise a claim on the resale price against the sub-purchaser. The resale authorization is automatically withdrawn in the event of default by the buyer. The THERMODECO company may also require, in the event of non-payment of an invoice when due, the resolution of the sale after sending a formal notice and claim the delivered goods. The return costs will remain the responsibility of the buyer and the payments made will remain with THERMODECO as a penalty clause.
ARTICLE 12 - VALIDITY AND EXECUTION OF SALES CONTRACTS - PLACE OF JURISDICTION : These general conditions of sale are governed by the provisions of French law. Any dispute relating to the validity, execution, interpretation or termination of sales contracts will fall under the jurisdiction of the Commercial Court of the company's head office, regardless of the place of delivery, and even in the event of an appeal. as a guarantee and a plurality of defendants.