Terms of Sales
PREAMBLE
The purpose of these General Terms and Conditions (referred to as “GTC”) is to establish the respective obligations of AQUALABO group companies (referred to as “AQUALABO”) and the Customer in their contractual relations relating to the sale of “Supplies” by AQUALABO, the term “Supplies” designating systems,equipment,facilities and services.
Ordering supplies involves the application without reservation by the Customer and its full membership to the GTC which prevail over any other document of the Customer including all terms and conditions of purchase unless prior written consent derogatory by AQUALABO.
SIGNATURE OF CONTRACTS
1 – Price offers made by AQUALABO are valid only during the month following the date of their establishment.
2 – No order or modification of order can’t be considered firm and definitive until it has not been acknowledged and confirmed in writing by commercial services of AQUALABO.
3 – Photos or drawings in the catalogue are not contractual. They only appear as a guide, they will not commit to a rigorously consistent execution of Supplies, which can subsequently undergo any changes considered useful.
PRICE AND PAYMENT CONDITIONS
4 – Unless particular agreement, prices of Supplies are in euros excluding tax, shipped from the factory and unpacked.
5 – Prices are determined by rates and conditions existing at the date of the order.
6 – The prices mentioned in the AQUALABO price offers apply to standard Supplies, such as described in the specifications and catalogues prepared by AQUALABO and made available on written request addressed to the registered office.
When to meet specifications of the specifications provided by customers, commercial services of AQUALABO must make changes to the standard Supplies, launch special productions, carry out studies or undertake the commissioning of these Supplies, an offer must be established.
7- All the rights and incidental expenses incurred by the shipping of equipment or replacement parts are the responsibility of the recipient.
8 – Unless particular agreement, payment terms are 30 days from the invoice’s date as the payment method focused on the acknowledgment of order receipt. The price of spare parts is payable upon delivery.
9 – In the event of late payment will be eligible, in accordance with article L441-6 of the Commercial Code, compensation calculated on the basis of three times the legal interest rate in force as well as a fixed compensation for recovery costs of 40 euros.
10 – The partial delivery of an order can’t allow customers to defer payment of the corresponding fraction of the price, if AQUALABO requires.
11 – Failure to pay on its due date of any payment term will automatically result without prior notice and right to immediate payment of any other term of payment or any other bills not due and the suspension of work in short and / or deliveries or, at the option of AQUALABO pre-payment of any running command. AQUALABO then reserves the right to refuse any new order without notice.
DELIVERY
12 – Whatever the destination, delivery of equipment is deemed to be made to AQUALABO or its suppliers if the material would not be transited by AQUALABO stores when received by customers or any third party appointed by them, and before loading.
13 – Customers have the obligation to take up and perform removing equipment ordered by them within 15 days of the request which is made by AQUALABO.
14 – Unless particular agreement with AQUALABO when ordering, the reception of Supplies is limited to routine testing, as defined in the specifications established by AQUALABO and made available upon written request at AQUALABO’S registered office.
15 – Delivery delays shall be applied only from the date of acceptance of orders by AQUALABO and are given as a guide only and without guarantee, AQUALABO is open as of right from any commitment relating to delivery times and is not liable for delays in case of non-compliance by customers of their own obligations (timely transmission of administrative or technical information to AQUALABO), delays in the transmission of orders, the occurrence of any force majeure circumstances independent of willingness of AQUALABO or its suppliers or event such as war, lock-out, epidemic, strike, interruptions of transportation, flood, fire or accident (non-exhaustive list), of happening in the AQUALABO facilities or those of its suppliers, in its buildings or elsewhere.
TRANSPORT
16 -In case of AQUALABO performs the dispatch of equipment, unless express request from Customers, AQUALABO reserves the choice of transport mode and carrier.
Equipment transit at the risk and expense of the Customer, the carrier is considered a third party commissioned by the Customer by the term of Article 12 above. The Customer is in charge of the inspection of Supplies upon arrival and, in due time, make a reservation and needed remedies that would appear justified with the concerned carrier. A copy of the complaint will be forwarded to AQUALABO within three days after the conclusion of these reserves. Without prejudice to the above provisions, in case of defects or missing part, any claim of whatever reasons, relating to the delivered equipment, a registered letter with acknowledgment of receipt should be sent within 3 business days from the delivery date.
In case of the Customer gives written instructions for the equipment insurance (beyond the minimum insurance usually provided by carriers), insurance costs will also be charged in addition to the price.
17 – The transfer of risk occurs at the time and place of delivery as provided in Articles 12 and 13 above.
CLAUSE OF PROPERTY RESERVE
18 – AQUALABO expressly reserves the ownership of equipment delivered until full payment of their price in principal and interest, costs and miscellaneous. In this respect, does not constitute a payment delivery of treats or other payment as creating an obligation to pay. Payment will not be considered until the actual receipt of the full payment is made by AQUALABO.
GUARANTEE
19 – Unless particular conditions, Supplies are guaranteed against manufacturing defects or faulty materials, for a period of 36 months for the SECOMAM’s brand equipment, 24 months for samplers, and 12 months for other brands from their delivery date regarding terms of Article 12, or by default, from the end of the period of 15 days stipulated in Article 13 above. However, there is no warranty for venturi flumes.
Parts or consumables (batteries, surge protectors …) are not covered by this warranty.
20 – Any return of equipment required to obtain warranty will be an estimate quote made by AQUALABO and will be limited of repairing or replacing, at the choice of AQUALABO, of equipment recognized as defective.
Transport costs and labour relating to the installation and removal of materials which are the subject of a return to AQUALABO, for any reason, remain to the Customer.
21 – This warranty does not cover in case of improper use of the characteristics of the Supplies, the requirements of the specifications established by AQUALABO, lack of maintenance or attempted repair by an unauthorized personnel. The guarantee does not apply either to the routine maintenance of Supplies.
22 -AQUALABO can’t be held responsible for costs, damage or inconvenience that may result from defects or equipment material defaults referred to in section 18 above, the liability which can not in any event exceed the value (invoice price) of the concerned material.
The Supplies described above, don’t have any other warranty than the above-mentioned cases.
JURISDICTION
23 – All the commercial trades of AQUALABO and the Customer are governed by French law. In case of dispute, the “Tribunal de Commerce de Creteil” will have sole jurisdiction, even in case of multiple defendants or guarantee call
AVAILABILITY OF SPARE PARTS
24 – The length of availability of the spare parts of the products marketed is warranted during minimum 3 years.
ELECTRICAL AND ELECTRONIC EQUIPMENT WASTES
25 – AQUALABO is listed on National Register of Producers of electrical and electronic equipment under the label of producer of professional equipment and has signed up with an approved eco-organization.
NUMERO D’IDENTIFICATION UNIQUE
26- EEE and lamps: FR025644_05BV0Z
Batteries: FR021578_06GVCU