Terms and conditions of sale

1. Formation of the contract

Our sales are subject to these Terms and Conditions of Sale, which prevail over any purchasing conditions, save for our formal and express derogation.

If an order from the buyer includes conditions departing from these Terms, the order will be deemed finally accepted by us only after our written acceptance.

2. Confidentiality

Studies, plans, quotes and documents we provide or send remain our property; the buyer may not share them with third parties for any reason whatsoever.

3. Sale conditions

Catalogues, brochures and tariffs published and distributed by us do not constitute firm offers of supply. We reserve the right to make any change at any time, without notice, to the nature, characteristics and prices of the supplies and services offered. Conditions for the repair of electrical and hydraulic equipment: work is carried out only after acceptance of the quote.

Lead times

Lead times are given as an indication only. A delay in supply or delivery shall not give rise to cancellation of the order or to damages, in particular in case of bad weather or strikes.

Pricing

Prices of supplies and services are net, exclusive of tax, ex-works from our premises or from the manufacturers, with carriage and packaging charged separately. They are valid for orders received within the month following the date of the quote and may be revised based on requested lead times and economic conditions.

Payment

On order, or by an agreed method stated in our proposal or pro-forma invoice. Should the buyer fail to comply with the agreed payment terms, the buyer shall by operation of law owe the amounts due plus three times the legal interest rate. Such interest shall be applied automatically to any damages we may claim arising from such non-payment and resulting losses.

The debtor of unpaid amounts owed to our company shall, by operation of law, owe a flat-rate recovery fee of €40. If actual recovery costs exceed this flat-rate fee, additional compensation will be required from the buyer upon supporting evidence.

4. Delivery, transport, insurance

For any equipment order entrusted to us, if delivery does not take place for reasons beyond our control, it shall be deemed to have occurred on the agreed date.

The buyer shall bear all costs and risks arising from deliveries; it is the buyer's responsibility to inspect shipments on arrival and, where appropriate, file a claim against the carrier.

5. Warranty

The goods sold are warranted against any operating defect arising from a flaw in materials, manufacturing or design, under the conditions set out below.

The operating defect must appear within a period equal to the manufacturer's warranty, starting from the invoice date. Replacement or remanufactured parts are warranted under the same terms and for an equivalent period as the original equipment.

The warranty does not apply:

• if the defective material or design originates from the buyer;
• if the operating defect results from unauthorised work on the goods;
• if the defect results from normal wear, or from negligence or lack of maintenance by the buyer;
• if the defect results from force majeure.

Under the warranty, we apply the manufacturer's standard terms.

This warranty covers the equipment only; labour, ancillary fees, transport of defective equipment or parts, as well as the return of repaired or replaced equipment or parts, and installation costs, are at the buyer's expense.

6. Buyer's obligations

To benefit from these provisions, the buyer must notify us without delay and in writing of the defects attributed to the equipment and provide all supporting evidence. The buyer must give us every facility to investigate and remedy the defects. The buyer must also refrain, save with our express agreement, from carrying out the repair or having it carried out by a third party.

7. Offer validity period

Unless stated otherwise in our proposal, our offers remain valid for one month.

8. Retention of title and automatic termination

We retain full ownership of our goods until full and effective payment of the invoiced price. Until that date, the delivered equipment is held in custody by the buyer, who shall bear the risk of any damage these goods may suffer or cause for any reason whatsoever. Until full and effective payment, the buyer may not dispose of the goods in any manner without our prior agreement.

If the buyer fails to meet any payment deadline or breaches this clause in any way, we may demand without notice, by registered letter with acknowledgement of receipt, the return of the goods at the buyer's expense until the buyer has performed all obligations. We may also terminate this sale by operation of law by registered letter with acknowledgement of receipt. Without prejudice to any further damages, the buyer, in addition to returning the goods, shall owe us a termination indemnity set at 25% of the pre-tax amount of the unperformed contract assessed at the date of termination.

9. Disputes

By way of derogation from the common rules of jurisdiction and pursuant to Article 48 of the New Code of Civil Procedure, any dispute of any nature whatsoever, including warranty claims or claims involving multiple defendants, shall — failing an amicable agreement — fall within the exclusive jurisdiction of the commercial court in whose district our registered office is located.