General terms of business
1. GENERAL
These general terms of business apply to all sales made by Solaronics Chauffage.
All our sales are subject to these general terms of business and the Purchaser shall agree to them unreservedly. No clause or condition indicated on the Purchaser’s order or correspondence that contravenes these general terms of business shall prevail over the general terms of business of Solaronics Chauffage without the formal and written agreement of Solaronics Chauffage.
The information and indications in the catalogues, prospectuses, price lists, brochures, leaflets and diagrams are given solely as a guide. Solaronics Chauffage reserves the right to modify in any way the layout, form, colour, dimensions or material of the products offered. Our company shall be bound by the orders handled by its employees or legal representatives only after the Purchaser has sent an acknowledgement of receipt.
2. SCOPE OF THE OFFER
When our company issues an offer, the prices, terms and conditions inherent in this offer (delivery times, terms of payment, etc.) concern only the products (quality and quantity) that are specified in the offer, and absence of any express stipulation, are valid for one month.
3. STUDIES AND PROJECTS
Our company shall not assume any responsibility for the advice or recommendations that it may be asked for. Its competence remains limited to the technical characteristics of the products. Any Purchaser or User who wishes to obtain or guarantee specific results or performance must obtain the advice of professionals who are authorised and accredited for determining the equipment to be used for this purpose.
4. PRICE, TERMS OF PAYMENT AND TAXES
Our prices are given in Euros, excluding tax, ex-works (including packaging), including technical information.
For all professionals, the payment of the sums due later than the eligibility date on the invoice shall incur an increase as of right of the amount of the sums due by a flat indemnity of 40€. If there is a regulatory modification of the amount of this flat sum, the new flat indemnity shall as of right be substituted for that appearing in these general terms of business. The application as of right of this sum shall not prevent the application of a supplementary indemnity of the receivable after justification, in accordance with the above-mentioned text, at the rate of the whole of the such sums, whatever the nature, to cover the receivable.
In consideration of the overhead costs borne by Solaronics Chauffage, all sales shall be subject to a minimum invoice of 150€ excluding tax.
5. PAYMENT
No complaints or litigation including those calling into effect the guarantee, concerning any provision, product or service shall absolve the Purchaser from settling his invoices in due time. Payment default on a single item or a single invoice shall incur the expiry of the payment term and render all the debts to our company, even those not at term, payable immediately. The late payment penalties are due on the date following the payment date shown on the invoice, at a rate equal to one and a half times the legal rate of the country. In case of delay in payment, we reserve the right to suspend dispatches of other goods ordered by the same customer without prejudice to damages, if any.
6. LEAD TIMES
Lead times (production and delivery) are given as accurately and in as good faith as possible but may vary according to supply and transport constraints imposed upon Solaronics Chauffage by its suppliers or service providers. Delays related to these constraints cannot justify cancellation of the order or give rise to withholdings or to payments of damages. No commitment may be imposed on our company in case of force majeur (strike, natural catastrophe, fire, etc.)
7. MODIFICATION OR CANCELLATION OF ORDER
Any order modification or cancellation requested by the Purchaser can only be considered if it is sent in writing to our company before the products or goods are dispatched. If agreement is reached with Solaronics Chauffage, the Purchaser must bear all the costs related to this modification or cancellation. In case of refusal, our company shall retain its right of payment of the said costs, and deposits paid by the Purchaser shall also be acquired by Solaronics Chauffage.
8. DELIVERY AND TRANSPORT
Our products and goods are transported at the consignee’s risk, whether or not carriage paid. During delivery, it shall be up to the consignee or their representative to check the number of parcels and the condition of the parcels received. In case of damage or missing items, the consignee or their representative 1/ must state this on the delivery receipt, 2/ confirm it by registered letter with acknowledgement of receipt within 48 hours to the transporter, 3/ send a copy of this registered letter to Solaronics Chauffage. If the three above-mentioned conditions are not fulfilled within 48 hours, no recourse against Solaronics Chauffage shall be possible and the whole of the loss or damage shall be borne by the Purchaser.
The products and goods delivered are not unloaded. It is the Purchaser’s responsibility to make arrangements to carry out this operation at the consignee’s works.
9. RETURNS AND EXCHANGES
No product or goods can be returned or exchanged without the prior written agreement of our company. Failure to comply with this provision may result in the return of the equipment to the Purchaser at their sole expense. All equipment must be returned in its original packaging and may be subject to expert opinion. A quotation for any repairs shall be sent to the paying customer for prior approval. Returns or exchanges shall only be handled by Solaronics Chauffage on written request by the paying customer.
All returns of new equipment following a proven error on the part of Solaronics Chauffage shall be redeemed in full with a credit note. All returns of new equipment following a proven error on the part of the Purchaser shall be redeemed with a discount of 30%.
Credit notes are non-reimbursable. They are assigned to the payment of a future or current order.
10. ASSEMBLY, STARTING UP, ADJUSTMENTS
The costs of assembling, starting up and adjusting of our products are charged to the Purchaser. If, after delivery, the characteristics or performance of the equipment are contested and require corrective measures on the site, the Purchaser shall bear the costs incurred by Solaronics Chauffage if our specifications, recommendations or advice prove not to have been followed by the person in charge of the installation.
11. RETENTION OF OWNERSHIP
Solaronics Chauffage retains ownership of products sold until payment in full of the price in principle and accessories. The transfer of ownership to the Purchaser shall only be effective after payment in full of the price, even in the case of collective procedure. Despite retention of ownership, the items sold are under the responsibility and keep of the Purchaser who shall insure them against all risks and use them for the purpose for which they are intended.
In case of non-payment of the price of products or goods on the due date, Solaronics Chauffage may at any time require the products or goods delivered to be returned, at the Purchaser’s exclusive expense and whoever the owner, eight days after formal notice given by registered letter with acknowledgement of receipt.
As from delivery, the Purchaser shall assume responsibility for risks and losses, theft or damage of the products together with responsibility for any resulting damage.
12. GUARANTEE
Products, equipment and accessories must be installed by qualified professionals in accordance with the regulations in force, the acknowledged rules of the art and with the instructions given in our technical sheets. If the above-mentioned conditions are respected, our products are guaranteed for parts and labour (apart from travel). The guarantee shall come into effect on the invoicing date established by Solaronics Chauffage.
We decline all responsibility and no guarantee shall apply in the case of negligence by the customer, defective connections, immediate or subsequent damage following faulty handling during transport, defective, unsuitable or non-compliant installations or installations not complying with the regulations in force. Only manufacturing or raw material defects are concerned. The guarantee shall not apply in case of a defect resulting from maintainance or servicing not complying with the recommendations of Solaronics Chauffage.
Solaronics Chauffage does not guarantee that its products can attain objectives or performance set by the purchaser without its express written agreement. No replacements made during the guarantee period can under any circumstances prolong the duration of the guarantee. No damages can be claimed for direct, commercial or other prejudice. Whether with regard to the Purchaser or to any other person, our company cannot be held responsible under any circumstances for personal injury or damage to equipment of any nature whatsoever which may be caused by our products or which are the direct or indirect result of the use of the said products.
13. LITIGATION AND JURISDICTION
All disputes related to the interpretation or execution of these general terms of business and to orders (and their follow-up) accepted by Solaronics Chauffage shall be subject to the exclusive competence of the Lille Commercial court, and French law shall apply.
Reminder: The diagrams and photographs in our catalogues are non-contractual