Hydronic | Conditions Générales de vente

Terms and conditions

CGV HYDRONIC - EOLIANCE GROUP 10/2022

Preamble

These General Conditions of Sale (here in after CGV) EOLIANCE OR ITS SUBSIDIARIES set out the obligations of EOLIANCE or its subsidiaries and its customers during the sale of products and services offered by EOLIANCE OR ITS SUBSIDIARIES.

1. General and applications.

Any order given to EOLIANCE OR ITS SUBSIDIARIES implies full and entire adherence and unreserved application by the Customer, who acknowledges having fully understood these GCS which prevail over any other document, and in particular over all the general conditions of purchase. client.

Only specific conditions of sale agreed between EOLIANCE OR ITS SUBSIDIARIES and the Customer may, where applicable, derogate from these GCS. In this case, all the provisions of these GCS not expressly modified or repealed by these special conditions of sale retain their full effect.

Customers of EOLIANCE OR ITS SUBSIDIARIES being professionals, consumer law does not apply.

2. Selections and technical advice.

Prices, products, services and information given in catalogues, prospectuses, tariffs, diagrams, websites, etc. are given for information only. EOLIANCE OR ITS SUBSIDIARIES reserves the right to make any modification or deletion at any time and without notice.

The Customer, as a professional, remains solely responsible for the choice and final selection of the product or service and its implementation according to the characteristics of the installation.

Any studies, sizing calculations, theoretical diagrams or any other document drawn up by EOLIANCE OR ITS SUBSIDIARIES, or resulting from selection assistance software made available to establish projects or price offers, cannot be considered as an advice or project for the installation carried out nor as a technical study related thereto and must, where applicable, be validated by any competent body or technical design office at the Customer's initiative.

Similarly, when the technical or commercial departments make a product or service selection, we assume no liability for errors resulting in particular from inaccurate, incomplete or non-compliant data provided by the Customer, without this list is exhaustive.

The installation of EOLIANCE OR ITS SUBSIDIARIES products must be carried out by installers, organized and recognized on the market, having qualified personnel and possessing the approvals necessary, likewise when the installation companies have recourse to subcontracting, it is their responsibility to scrupulously ensure compliance with this requirement., EOLIANCE OR ITS SUBSIDIARIES provide the Customer with the information necessary for the use and installation of its products.

3. Order - Acknowledgment of receipt - Manufacturing time.

Any order will only be considered accepted by EOLIANCE OR ITS SUBSIDIARIES if it has been the subject of an acknowledgment of receipt bearing a registration number.

Without return from you within 48 hours after the recording of your order, we consider your order definitively accepted.

It can therefore no longer be cancelled.

The production time is given for information only. EOLIANCE OR ITS SUBSIDIARIES will specify the date of departure from the factory on the acknowledgment of receipt of the order. This date may be modified by EOLIANCE OR ITS SUBSIDIARIES, in particular in the event of an order modification. In this case EOLIANCE OR ITS SUBSIDIARIES will communicate the new date of departure from the factory by email or letter.

4. Price.

The scales of unit prices and terms of payment appear in our catalogues.

Our prices are in Euros, excluding taxes and miscellaneous current or future duties (such as VAT, eco-contribution, etc.) net of any discount and ex-factory.

The prices invoiced will be those shown on the order acknowledgment.

Unless otherwise stipulated, any commercial proposal is valid for a period of 2 months from its date of issue.

For any order of less than 60 Euros net excluding taxes, a fixed contribution of 15 Euros excluding taxes will be invoiced for management costs.

The unit price scale of the Price Catalog is not applicable in cas :

Product specific packaging ;
Specific deliveries requested ;
Specific order requiring one or more modifications and/or assembly of products ;
Order involving project costs ;
Specific terms or specific delivery times.

Unit prices may also vary depending on the periodicity and/or the specifics of delivery. In these cases, the Customer must first request a specific quote from EOLIANCE OR ITS SUBSIDIARIES.

The sending of price lists does not constitute a firm offer, the prices being able to be modified without notice. The unit price scales and the shipping rates and scales appearing in the catalogs or commercial offers of EOLIANCE OR ITS SUBSIDIARIES currently valid do not constitute a firm offer and may be modified without notice, in particular in the event of a change in economic conditions such as que : variations in the prices of raw materials, fuels, duties and taxes, unusual variations in exchange rates, market collapse, shortage of materials, changes in legislation, etc.

The prices will also be revised in the event of new taxes, contributions or costs generated by a change in the legislation aimed in particular at the compliance  of the products or the prevention and management of waste, waste electrical equipment and electronic devices as well as their disposal, treatment and recovery, without this list being exhaustive.

5. Rebates, Rebates, Rebates.

The Customer will be able to benefit from discounts, rebates and rebates appearing on the scale of the Price Catalogs of EOLIANCE OR ITS SUBSIDIARIES, revisable each year and applicable according to the turnover or volumes supplied in certain families of products, promotional discounts or conditions of kidnapping.

6. Deliveries - Transfer of risk.

6-1 Delivery

Delivery is made either by direct delivery of the equipment to the buyer, or by delivery to a shipper or carrier at the seller premises.

The average delivery time is 72 hours.

Any overrun of the indicated delivery times cannot result in the cancellation of the order, nor a request for price revision or compensation, nor late payment penalties. In all cases, delivery on time can only occur if the customer is up to date with his obligations to the company EOLIANCE OR ITS SUBSIDIARIES.

EOLIANCE OR ITS SUBSIDIARIES are automatically released from any commitment relating to delivery times, if the payment conditions have not been observed by the Customer or in the presence of a case of force majeure or events such as lockout, strike, war, fire, flood, tooling accidents, scrapping of important parts during manufacture, interruption or delay in transport or any other cause leading to partial or total unemployment for EOLIANCE OR ITS SUBSIDIARIES or its suppliers .

6-2 Terms of delivery – Transfer of risk

Unless otherwise stipulated, delivery is made by direct delivery to the customer or by delivery to the carrier of the products.

The methods of transporting the goods are specified in 6-4.

The delivery entails the transfer to the Customer of the risks relating to the goods.

The pricing of shipments appears in the commercial offer documents, quotes, order acknowledgment or on request from EOLIANCE OR ITS SUBSIDIARIES.

The sending of the prices does not constitute a firm offer, the prices can be modified without notice.

The material delivered is not taken back, except in the cases and conditions provided for in article 13 of these GCS.

6-3 Storage and handling

If the buyer requests a postponement of delivery, and EOLIANCE OR ITS SUBSIDIARIES consents thereto, the goods are stored at the Customer's expense and risk. Warehousing and/or storage costs set at 0.5% per week of the price of the goods will be charged to it, capped at 5% of the amount of the order.

These provisions in no way modify the payment obligations for the supply and do not constitute any innovation.

6-4 Transport of delivered goods and complaints

The possible operations of transport, handling of the goods are the responsibility and at the expense, risk and peril of the Customer. Shipments by EOLIANCE OR ITS SUBSIDIARIES are made postage due, unless expressly requested by the Customer and, in all cases, are under the full responsibility of the latter. The delivery is made either by the direct physical delivery of the products to the customer, or by the delivery of the products to a carrier appointed by EOLIANCE OR ITS SUBSIDIARIES or by the delivery of products to a carrier appointed by the customer, the latter acknowledges that this It is up to the carrier to make the delivery, EOLIANCE OR ITS SUBSIDIARIES being deemed to have fulfilled their obligation to deliver once it has handed over the goods to the said carrier. In this case, the customer has no warranty claim against the shipper, was it EOLIANCE OR ITS SUBSIDIARIES in the event of non-delivery.

The Customer must ensure the conformity (in quantity and quality) and the condition of the equipment given to him by EOLIANCE OR ITS SUBSIDIARIES or by the carrier before giving discharge. Upon receipt of the products, the customer agrees to fulfill the following main obligations : a) Have the delivery documents presented and ensure that the shipment is intended for him_cc781905-5cde-3194 -bb3b-136bad5cf58d_; b) Check the number of packages and the condition of the products (external verification and verification of the contents of the package). If the driver does not have time to wait for these checks to be carried out, the consignee must notify on   the original receipt of the carrier : "_cc781905-5cde- 3194-bb3b-136bad5cf58d_the driver does not wish to attend the unpacking » ; c) Accept the delivery as soon as the products comply with the order (even if there is damage), by legibly signing the delivery note or the transport receipt and adding the stamp of its establishment_cc781905-5cde-3194 -bb3b-136bad5cf58d_; d) In the event of damage, make precise reservations on the original receipt from the carrier. Are not admissible reservations that are not significant, clear and complete : thus the mentions " subject to unpacking_cc781905-5cde-3194-bb3b-186_bad" or "  subject to case ” have no value. It is necessary to date and sign the reservations ; e) Confirm these reservations within three (3) working days by registered letter with acknowledgment of receipt addressed to the carrier and to EOLIANCE OR ITS SUBSIDIARIES.

The unreserved acceptance of the equipment deprives the Customer of any further recourse against EOLIANCE OR ITS SUBSIDIARIES.

7. Packaging.

In the absence of any special indication on this subject, the standard packaging is prepared by EOLIANCE OR ITS SUBSIDIARIES, which acts in the best interests of its Customers.

Any request for specific packaging will be subject to specific costing.

8. Payment - Penalties for delay -  Indemnités for recovery costs - Penal clause - Immediate payment.

The invoice will be issued on the date of direct delivery to the customer or on the date of delivery to the carrier of the goods.

In accordance with Article L. 441-6 of the Commercial Code, subject to any applicable interprofessional agreements :

Payment takes place on the 30th day fin  of the month following the date of invoicing of the equipment, this being defined as delivery within the meaning of article 6 of these GCS. In the absence of agreed provisions, repair work, after-sales service and commissioning are invoiced monthly and payable in cash, net and without discount. The invoice mentions the date on which payment must be made. Payments are made at the head office of EOLIANCE OR ITS SUBSIDIARIES.
Any invoice that has not been the subject of any written dispute sent to EOLIANCE OR ITS SUBSIDIARIES by registered letter with acknowledgment of receipt within 30 days of receipt of the goods is deemed to be accepted and can therefore no longer be subject to no dispute.
Any delay in payment will give rise, automatically and without prior notice, to the payment of a late payment penalty at the same time as the principal, the interest rate of which will amount to 1.5% per month. These penalties will run from the day after the due date until full payment. Any delay in payment will also give rise, ipso jure and without prior notification, to the payment of a lump sum compensation for recovery costs in the amount of €40. QUNOA and its subsidiaries reserve the right to ask the customer for additional compensation if the recovery costs actually incurred in an amicable or legal framework exceed this amount, upon presentation of supporting documents, in particular lawyer's or bailiff's invoices.
By express agreement, in addition to the foregoing, failure to pay for the goods or services, on the due date, will result in the immediate payment of all sums remaining due by the customer to EOLIANCE OR ITS SUBSIDIARIES whatever the method of settlement provided for and the application, as a penalty clause, of an indemnity equal to 15% of the sums due.
In accordance with Article L.441-6 of the Commercial Code, the procedure for acceptance and verification of the conformity of the goods or services with the contract and the invoice by the customer may not exceed 30 days from the date receipt of the goods or the performance of the service.

In the event of death, sale, assignment, pledge or contribution to the company of its business or equipment by the Customer, as also in the event that one of the payments or the acceptance of If one of the drafts is not made on the date, the sums due as well as the unmatured receivables become immediately payable, regardless of the conditions previously agreed.

In the event of default or late payment, EOLIANCE OR ITS SUBSIDIARIES may suspend the manufacture and delivery of other Customer orders without prejudice to damages.

The agreed payment dates cannot be delayed under any pretext whatsoever, even in the event of a dispute. Complaints do not exempt the Customer from paying EOLIANCE OR ITS SUBSIDIARIES invoices when due, and no deduction from the amount of these invoices may be made.

Not being a lessor or contractor but a manufacturer, EOLIANCE OR ITS SUBSIDIARIES are not   subject to the provisions of article 1799-1 of the Civil Code. Consequently, EOLIANCE OR ITS SUBSIDIARIES do not accept any holdback, guaranteed or not, on the amount of the products invoiced.

9. Retention of title - Cancellation clause.

EOLIANCE OR ITS SUBSIDIARIES retain ownership of the goods sold until effective payment of the full price in principal and accessories in accordance with the provisions of articles 2367 and following of the Civil Code and L 624-16 and following of the Commercial Code. The remittance of accepted drafts or other securities creating an obligation to pay does not constitute payment. Failure to pay any of the installments may result in the claim of these goods. The claim may be made in kind or in value. Pursuant to the retention of title clause accepted by the customer, EOLIANCE or its subsidiaries may recover the goods present in the customer's stocks, regardless of the batch numbers, or other means of identification of the goods present on the packaging, provided that the goods present in the stocks are of the same nature and of the same species as the unpaid goods. The customer expressly acknowledges the fungible nature of the goods sold under retention of title, notwithstanding their possible individualization by any means whatsoever.

  The Customer assumes however from the delivery within the meaning of article 6 of these GTC, the risks of loss or deterioration of these goods, as well as the responsibility for the damage which they could cause . The Customer agrees not to transfer the goods to a third party before full payment. He is required to keep the goods in perfect condition and to insure them on behalf of the owner against the usual risks including loss, destruction or theft, with delegation of compensation, in the event of a claim, for the benefit of the seller. .

The claim by EOLIANCE OR ITS SUBSIDIARIES will automatically result in the cancellation of the sale, all costs of recovery will be borne by the customer, without prejudice to any other claim that may be incurred by EOLIANCE OR ITS SUBSIDIARIES. EOLIANCE OR ITS SUBSIDIARIES may also claim from the customer additional sums equal to the costs incurred in the context of the withdrawal of the goods plus the interest and indemnities provided for in 8. Any claim must immediately be reported to EOLIANCE OR ITS SUBSIDIARIES.

The Customer undertakes to inform the seller without delay in the event of receivership or judicial liquidation, in the event of seizure or other measure emanating from third parties and to indicate to him the exact places where the goods delivered and not yet paid for are stored. In this case, any deposit paid will be retained by EOLIANCE OR ITS SUBSIDIARIES as compensation, without prejudice to any damages. The Customer must inform EOLIANCE OR ITS SUBSIDIARIES of any threat, action, seizure, requisition, confiscation, or any other measure that may call into question its property rights over the products. Non-compliance with these provisions by the Customer engages his responsibility and would authorize EOLIANCE OR ITS SUBSIDIARIES to cause the reduction of the sale by simple notice sent by registered letter with acknowledgment of receipt, to take back the products still in stock and to refuse to continue to deliver to the Customer.

The products still in the Customer's possession will be presumed to be those still unpaid, and EOLIANCE OR ITS SUBSIDIARIES may take them back as payment for any amounts that remain unpaid. The partial payments made will be used to cover the damage resulting from the non-performance of the contract and, in the first place, the damage resulting from the disappearance, resale, degradation or obsolescence of the products. Will then be charged the costs of dismantling, transport, storage, caused by the non-execution by the Customer of his commitments under the sale.

In the event of resale or transformation by the customer of the products or goods that have remained unpaid, this retention of title clause will be automatically transferred to the new purchaser.

10. Order Cancellations or Changes.

All orders must be the subject of an official written order, signed and stamped by the Customer, mentioning the desired delivery date. Letters and e-mails constitute writings.

The sale is final as soon as an acknowledgment of receipt of order is sent by EOLIANCE OR ITS SUBSIDIARIES to the Customer and cannot therefore be canceled without the express prior consent of EOLIANCE OR ITS SUBSIDIARIES.

Any modification or cancellation of an order by the Customer engages his responsibility, obliges him to take delivery of the equipment already manufactured on the date of the modification or at his request for cancellation of the order, obliges him to pay the payment and the obliges to indemnify EOLIANCE OR ITS SUBSIDIARIES for disbursements and missed earnings for products in the process of being manufactured.

EOLIANCE OR ITS SUBSIDIARIES may cancel an order in progress without the customer being able to claim a right to compensation, in the event of force majeure, and, in particular, in the event of the impossibility of obtaining supplies from its suppliers, social conflicts, failure of its subcontractors.

11.Control and essays.

Any inspections or receptions with or without tests will take place in the factory before shipment of the goods.

The buyer who requests an inspection or reception before shipment must first indicate to EOLIANCE OR ITS SUBSIDIARIES the nature thereof. The costs of receiving agents and the cost of control certificates will be borne by the Customer.

In the event of absence of the receiving agents on the day agreed for the inspection or the reception, the goods will be considered by EOLIANCE OR ITS SUBSIDIARIES as definitively accepted upon delivery of article 6 of these GCS.

12. Warranty.

12-1 Defect giving rise to the guarantee

EOLIANCE OR ITS SUBSIDIARIES undertake to remedy any operating defect resulting from a defect in the design, materials or manufacture within the limits of the provisions below. The obligation of EOLIANCE OR ITS SUBSIDIARIES does not apply in the event of a defect arising either from materials supplied by the Customer or from a design imposed by him.

Any warranty is also excluded for replacements or repairs resulting from normal wear and tear of the equipment, deterioration or accidents resulting from negligence, lack of supervision, maintenance or implementation and faulty use of the equipment. as well as for any modification or repair carried out by the Customer himself or by a third party on the equipment.

12-2 Duration and starting point of the guarantee

This commitment only applies to defects which have appeared during a period of 24 months (warranty period) except for rotating and electrical equipment, the warranty period of which is reduced to  6 months.

The warranty period runs from the day of delivery within the meaning of article 6 of these GCS. The replacement of a part during the warranty period does not extend the warranty period of the equipment.

12-3 Conditions for exercising the guarantee

It is up to EOLIANCE OR ITS SUBSIDIARIES to remedy the defect noted and at its expense and with all diligence. The work resulting from the warranty obligation is carried out in the factories of EOLIANCE OR ITS SUBSIDIARIES after the Customer has returned the defective equipment or parts to it for repair or replacement.

No compliance action may be taken by the customer more than 3 days after delivery of the products. It is expressly agreed by the customer's acceptance of these general conditions of sale that after the expiry of this period, the customer may not invoke the non-conformity of the products, nor oppose it in counterclaim to defend on the occasion of a debt collection action initiated by EOLIANCE OR ITS SUBSIDIARIES. Failing compliance with these conditions, the responsibility of EOLIANCE OR ITS SUBSIDIARIES vis-à-vis the customer for a hidden defect cannot be called into question.

12-4 Damages

The liability of EOLIANCE OR ITS SUBSIDIARIES is strictly limited to the obligations thus defined and it is expressly agreed that EOLIANCE OR ITS SUBSIDIARIES shall not be liable for any compensation, including for immaterial or indirect damages such as in particular loss of profit, loss of use or income, third party claim.

12-5 Exclusions

If the customer is not up to date with his payments,

If the equipment has not been installed, maintained and used in accordance with its intended purpose and in accordance with the rules of the art, according to the recommendations of EOLIANCE OR ITS SUBSIDIARIES,

If the equipment and/or its accessories have been modified by the customer without the prior written consent of EOLIANCE OR ITS SUBSIDIARIES,

For wear parts, If the product is installed in an environment prone to corrosion,

In case of force majeure.

The warranty is limited to the replacement of parts and equipment whose operation is recognized as defective following the expertise of EOLIANCE OR ITS SUBSIDIARIES, excluding any compensation or penalty ; the cost of labour, transport or removal rests always remaining the responsibility of the customer.

13. Return of equipment for a title other than that of the guarantee.

EOLIANCE OR ITS SUBSIDIARIES do not accept any return or exchange of equipment for any reason other than that of the guarantee. However, if in a very exceptional way, EOLIANCE OR ITS SUBSIDIARIES were to take back equipment, the recovery could only be done under the following conditions :

Only standard equipment that conforms to its initial state on the day of delivery, including packaging, within the meaning of article 6 of these GCS could be taken back.

The Customer must have obtained the prior written consent of EOLIANCE OR ITS SUBSIDIARIES and strictly comply with the recovery instructions which will then be communicated to it in this document. The material must be returned, at the Customer's expense, to one of the factories of EOLIANCE OR ITS SUBSIDIARIES.

EOLIANCE OR ITS SUBSIDIARIES will carry out an appraisal of the material taken back : If the material is in conformity with its initial state, it will be taken back at 70% of its value. If the equipment is not in conformity with its initial state, it will be taken back against invoicing to the Customer of the costs of repair, restoration or replacement.

Returns of equipment made under the after-sales service will only be accepted if they are the subject of a prior written agreement from EOLIANCE OR ITS SUBSIDIARIES, materialized by a sheet " RNC_cc781905-5cde- 3194-bb3b-136bad5cf58d_” endorsed by EOLIANCE OR ITS SUBSIDIARIES Customer Service, which must imperatively be stuck on the package containing the returned equipment. Any return of material arriving at the EOLIANCE OR ITS SUBSIDIARIES factories without a " RNC " form will be refused and returned to the sender at his expense.

14.CONTESTATION.

These T&Cs are governed by French law. All disputes, whatever their nature, will fall under the exclusive jurisdiction of the Paris courts and more particularly, if the customer is a merchant or acts as a merchant, the Commercial Court of PARIS.

Terms and conditions​

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