1- INFORMATIONS

In order to avoid any delay in recording orders, puchasers are required to specify the exact voltage or type of gas in their order.

2- FORMATION OF THE CONTRACT

The Sale Contract is not complete until a written order has been received and confirmed by the manufacturer, it implies acceptance by the purchaser of all the conditions specified in our General Sales Conditions. The prices and information contained in our catalogues, leaflets and price lists are given for information purposes only. The seller reserves the right to make any modifications to its appliances in terms of shape, size and material.

3- STUDIES

In the event that the manufacturer involves study expenses at the applicant's special request, the said applicant agrees to reimburse such expenses if the study is not confirmed by an order.

For any order of material, a 30% down payment will be requested at the order. No cancellation can be accepted. The entire payment of the order will be due from the client. Manufactures will not in any circumstances be taken back or exchanged.

4- TRANSPORT

Our prices have to be understood Ex works.

The goods are always considered as received and accepted by the purchaser in our factories. Risks relating to the object sold are consequently at the purchasers charge form the moments of dispatch or collection.

On reception and in the presence of the transport company's representative, the consignee must check the state of the material even if the packaging appears intact. In case of damage, the consignee must specify on the transport documents presented to him, the details of the damage sustained by the material, make all necessary reservations and confirm these reservations by REGISTERED LETTER to the transport company within 48 hours, in compliance with legal an contractual provisions.

In the absence of inspection and the reservations indicated above, the material is considered as delivered complete and in good condition. In the case of INTERNATIONAL contacts, French law alone shall apply.

5- LATE DELIVERY

The delivery times are given for information puposes only, we reserve the right to extend them buy a period of two months. Late deliveries may not in any circumstances be used as justifications for cancelling the order or seeking compensation.

6- CANCELLATION - RETURN OF GOODS

Neither cancellation nor return of goods can be accepted for whatever reasons.

7- TERMS OF PAYMENT

Subject to special conditions which may be specified in the confirmation of order, payment must be made upon reception of the invoice.

Payments must always be made NET to the Manufacturer's Head office.

The payment made with the order is a down payment on the price and may not in any circumstances be considered as a deposit whose relinquishment would authorise the parties to free themselves from the Contract.

In application of Law 92-1442 of 31st December 1992, any delay in payment in relation to the contractual dates will automatically give rise to a penalty calculated buy application to the outstanding amounts due of an interest rate equal to one and a half time the legal interest rate without such a penalty prejudicing the payability of the debt.

The agreed dates of payment cannot be put back for whatever reason, including in case of legal dispute.

In the event of the purchaser selling, transferring pledging as security or investing as capital his business or material, as also in the case of failure to pay or present a bill for acceptance at the stipulated date, the sums due become payable immediately, irrespective of the previously agreed conditions. In the event of debt recovery, the purchase will be required to pay a 15% penalty clause in addition to the other stipulated payments.

8- DEFAULT OF PAYMENT BY INSTALMENTS

In case of payment by instalments, failure to pay any instalment will automatically lead to the payability of the total outstanding amount due.

9- RESERVE OF PROPERTY

The goods covered by the terms of the contract remain the entire property of the manufacturer until the price invoiced has been paid entirely.

Until this date, the material delivered will be considered as being consigned on deposit.

Until complete payment has been made, the goods may not be resold without the manufacturer's prior consent.

In the event of failure by the purchaser to respect one of the payment instalments, the goods will remain the property of the manufacturer until complete payment of the price. (law No 85-98 of 25th of January 1985)

10- JURISDICTIONAL CLAUSE

All disputes concerning the contract fall within the sole competence of the courts with jurisdiction for the area in which the manufacturer's head office is situated even in the case of introduction of third parties, incidental claim or more than one defendant.

11- REFUSAL TO SELL

Delaubrac® reserves the right of refusal to sell when the reseller does not possess the necessary technical means for ensuring installation and guarantee services and for carrying out after sales repairs.

12- CLAIMS

In order to be admitted, complaints concerning the composition, quantity and weight of the delivered appliances, or concerning their non-conformity with the packing list, must be formulated within eight days of arrival of the goods, without prejudice of the measures to be taken with regards to the transport company.

13- DAMAGES

The sellers's liability is strictly limited to the obligations as defined herein, and it is expressly agreed that the seller will not be held liable for any compensation, including for special or indirect damage such as in particular shortfall in earnings, loss of use or income, third party complaint.

Non contractual document. Delaubrac® is reserving the right to modify its models without notice for adaptation to local regulations.

For any order of material, a 30% down payment will be requested at the order.

No cancellation can be accepted. The entire payment of the order will be due from the client.

Manufactures will not in any circumstances be taken back or exchanged.