WELCOME
ACCUEIL
BIENVENIDO
CONDITONS OF SALES
Conditions of sale
When orders are placed, it is assumed that they are done so with the acceptance of the general terms and conditions as set out in the following document, except where there is prior written agreement from HYDRO ROCHEFORTAIS.INFORMATION AND ESTIMATES
The details given in this catalogue as well as in notices and public documents are indicative only. All estimates are correct for the quantity shown, if accepted within 15 days, unless otherwise stated.
PRICING
The prices given are indicative only; they exclude taxes and other additional costs (interest on special orders, shipping, administrative fees…), which will be added to the base price and will come in to force on the day of your consultation. Prices can vary depending on the actual economic conditions on the day of ordering.
ORDERING
The clients order is considered accepted upon written confirmation by HYDRO ROCHEFORTAIS and includes acceptance of the terms and conditions as set out by the negotiators or upon delivery of the merchandise. All orders cancelled by the client, but not approved by HYDRO ROCHEFORTAIS must be paid regardless of the reason for cancellation. If the situation of the client changes for any reason, HYDRO ROCHEFORTAIS reserve the right to cancel the order or change the conditions of sale.
DELIVERY
The time of delivery is stated honestly and we do our best to keep to these times. However, if the delivery is late, the client is not entitled to cancel the order or claim compensation or reimbursements. The transport and delivery on all orders is at the clients risk as are any shipping charges and it is their responsibility to ensure all payments are made. Accordingly, it is advised that the client checks the order upon arrival and if there is a problem informs the transport company within the time stipulated by transport law. If HYDRO ROCHEFORTAIS only deliver part of the merchandise the client is only obligated to pay for that part. In this case, all part deliveries must be considered as a separate contract. It is not possible to wait until the final delivery to pay for the whole order.
INVOCING
Unless otherwise agreed, invoices will be sent every month. Each invoice will include the administrative fees for that period. In the case the client wishes to dispute the invoice, they must contact HYDRO ROCHEFORTAIS within 15 days of receiving it. After this period, it will be assumed that the client has accepted the invoice.
PAYMENT
The first order must be paid upon delivery. The following deliveries are payable within 30 days from the end of the month of delivery. In all cases, orders under 152€ are payable by cheque. If monthly payments are late a penalty charge will be added to the next payment, which amounts to one and a half times the legal interest set out within this clause of law and is equal to 15 percent of the unpaid amount, plus any monies owing to the debt collection company. In every case of outstanding payment, a ‘mise en demeure’ will be issued explaining our decision to reclaim the money. If this payment remains outstanding eight days after receipt of the letter of ‘mise en demeure’ all further outstanding payments will be immediately reclaimed.
CLAUSE SUBJECT TO PROPERTY
With reference to law article number 80-335 from 12th May 1980, the client must accept that the merchandise only becomes his property upon payment of the full amount, including tax. With the clause subject to property, the client must remain responsible for the merchandise before it is fully paid up. In the case that the client fails to honor this agreement HYDRO ROCHEFORTAIS reserves the right to reclaim the merchandise and charge all extra costs to the client until the agreement is honored. HYDRO ROCHEFORTAIS also reserves the right to cancel the transaction without judicial support. If a client goes bankrupt they will be taken to court where a claim will be made to reclaim the merchandise within three months of the official publication of the opening judgment. HYDRO ROCHEFORTAIS can make a claim on the unpaid merchandise even if it is in use by the client. According to the condition, written in article 121 part 3 of the law of 25th January 1985 modified. Accordingly, HYDRO ROCHEFORTAIS reserves the right to claim the value or a part of the value of the product or to reclaim the merchandise unpaid.
GAURANTEE AND REPAIR
Products are honored under the guarantee when there is a recognised production fault. In this case HYDRO ROCHEFORTAIS will change the product under the terms of the guarantee. The convention express states that HYDRO ROCHEFORTAIS does not hold all the responsibility for damaged caused directly or indirectly by a faulty product or by its misuse etc… In order to benefit from the guarantee with the definitions defined by the producer, the client must present the faulty product to HYDRO ROCHEFORTAIS with the original delivery invoice and the bill in order to prove he bought it from them. For repairs the client is responsible for all postage costs and repair charges.
RETURNS
In exceptional cases which have been presented in writing to HYDRO ROCHEFORTAIS they can accept the return of merchandise when the products were originally delivered by them. These products must be new, unused and unassembled: to be returned intact in their original packaging. When the returned product is received 90 percent of its value will be refunded in the form of a voucher enabling the client to repurchase from HYDRO ROCHEFORTAIS. In this case where the ordered product was not in stock at HYDRO ROCHEFORTAIS and therefore ordered through a third party, it is necessary to confirm the price through that third party in order to eventually receive the refund minus the 10 percent.
JURISDICTION
In the case of contestation in which the conditions of sale are accepted, the Tribunal de Commerce of Rochefort will be solely responsible for hearing the case; whether it is a straightforward claim, an accident claim or an appeal on the guarantee or a claim against more than one company.
