General Sales Conditions
An order entails the buyer’s ipso jure and unconditional acceptance of all conditions specified in this document and such party’s waiver of any stipulation in its own conditions which does not comply with our clauses.
Prices are understood as excluding taxes, departure from our workshops, equipment packed, as specified on our price list at the time of delivery. They may be modified according to economic conditions even when an acknowledgement of receipt has been drawn up. For low value orders, the minimum invoicing amount specified on the current price list shall be applied.
Our deadlines are provided for information purposes only, they shall not commit us or give rise to cancellation or penalties and are understood as “Ex-works”. We do not accept any late delivery penalty for any reason whatsoever which is beyond our control. Orders placed by telephone will only be taken into account once confirmation is received using a normal order form.
Deliveries are made using the means we decide are the best adapted. If a carriage method is specified on the order, possible additional costs shall be paid by the consignee. In all events, sold equipment travels at the consignee’s risk who will be responsible for any reservations or filing any claims with the carrier.
Unless specifically agreed with the buyer, our invoices shall be paid within 60 days net, without discount, by accepted bill to be returned within 8 days. In all events, invoices for small amounts (contact us) shall be paid net, cash on delivery or at pick-up, or by cheque enclosed with the order. We do not grant any discount for payments whatever the initially specified payment method; we reserve the right to dispatch solely cash on delivery.
Sold equipment is guaranteed against any manufacturing defect during one year starting on the delivery date from our workshops, insofar as normal conditions of use have been complied with. This warranty excludes any deterioration due to incorrect use. The warranty is restricted to repairing, in our plants, sold equipment that is acknowledged as defective by our technical department.
6) LIABILITY RESTRICTION
In all events, Hydreka’s liability as regards the customer shall be restricted to replacing, or if this is impossible, refunding amounts collected further to the relevant sale or rental. Hydreka refuses any liability other than as specified here above relating to the consequences of late delivery or equipment dysfunction.
Our products’ characteristics, as indicated in our technical data sheets in particular, are provided for information purposes only; they may be modified without notice either due to reasons beyond our control, or to take account of subsequently finalised improvements.
No returns of sold equipment shall be accepted without our prior agreement and, in all cases, we will refuse any ‘carriage forward’returns. If a return is agreed to, we may apply loss of value for product control and return to stock costs.
9) CODE OF GOODCONDUCT : As the Company Hydreka is part of the Halma Group, this agreement is enter into in compliance with the Group’s code of good conduct, accessible on the www.halma.com website.
TITLE OF OWNERSHIP
We expressly reserve ownership of sold goods until full payment of the price thereof including interest. If the buyer defaults payment on a single due date, and fifteen days subsequently to serving notice to perform to no avail by registered letter with acknowledgement of receipt, this agreement shall be ipso jure terminated. Sold or rented goods should then be returned to Hydreka, either amicably or, failing which, further to application to and order from the President of the Commercial Court.
In the event of judicial administration or liquidation of assets, such goods may be claimed within 4 months as of publication of the decision which opens the procedure, in application of the law.
The goods shall remain Hydreka’s property and the buyer shall not be entitled to resell them without Hydreka’s agreement. As of delivery, the buyer holds liability for any damages suffered by the sold goods.
In compliance with Article 800 of the French Commercial Code, the buyer also holds liability in the event of total or partial loss for any reason whatsoever. The latter will henceforth contract an insurance policy covering loss, theft or destruction with a solvent company.
In the event of a dispute relating to a supply or the payment thereof, the Commercial Court where Hydreka’s registered office is located shall alone hold power of jurisdiction, whatever the sales conditions or accepted payment method. These General Conditions and all specified operations are governed by French law.