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DELABIE - General conditions of sales
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General conditions of sales
General conditions of sales
WARRANTY
Our sanitary fittings are warranted against any manufacturing defect for a period of 10 years (3 years for electronic sanitary fittings) from the invoice date. Our warranty covers the exchange or repair of parts admitted faulty but excludes the cost for spoilage, handling and carriage or compensation whatever it is. Our responsibility and our warranty do not cover abnormal use of equipment : defective or unsuitable installation or other fact independent of the sanitary fittings quality, for example :
- hard water, chemical and electrolytic phenomenon cause, foreign bodies in water such as sand or scale, damage caused by acid or abrasive cleaning products i.e containing chlorhydric acid.
- Tightness of connecting or jointing must be insered by plumbers/fitters. Warranty excludes washers and rubber sets. However these would be provided in case of warranty application.
Finishes other than chrome, nickel plated are not covered by warranty. If due to cessation or modification of manufacturing, replacement cannot be provided, pieces corresponding to the same usage will be supplied.

CLEANING
Only with soapy water, with soft rag or sponge. Rinse and dry after washing. Never use abrasive or chlorinated products.

PRICES
Invoice price is based on the price at the date of delivery.
Prices are given without warranty and they may be changed without notice in accordance with fluctuation of costs, V.A.T. or other taxes.

EXECUTION OF ORDERS
The terms of the contract are those contained in our written acceptance of order and these are the conditions of sale, unless specially confirmed in writing by us to the buyer. We reserve ourselves the right to cancel any order or to request warranty. Orders are accepted without obligation of delivering complete at once.

TIME OF DELIVERY
We shall not be liable for any delay or failure in carrying out our obligations where the delay or failure to deliver is caused by risks of manufacturing or where the cause is beyong our company’s control.

DELIVERY CLAIMS
Delivery to the initial carrier shall constitute delivery to the buyer. Buyer assumes responsibility of carriage and packing costs.
Goods are always forwarded under buyer’s own risk whatever the terms of sale, even if the carriage is free. Carriers are alone responsible for forwarding.

PROPERTY IN GOODS
Notwithstanding any agreed terms of sale, the goods shall remain our property until the payment of the full price has been received.
Goods will be stored by the buyer in such a manner that they can be readily identified as the property of our company.
All goods after delivery are at the buyer’s risk. The buyer assumes loss or destruction risks, as well as the responsibility of any damage however caused.

CLAIMS
Notwithstanding the method of delivery the buyer shall examine the goods on receipt and, in case of goods being damaged or loss in transit, notify the carrier immediately in writing.
No claim will be allowed where a delay in reporting exceeds 8 days. The whole of delivery cannot be rejected because of partial damages or shortages.

RETURNS
Goods may not be returned to us for credit unless prior written approval is obtained by the buyer from our company. All transportation costs for returned goods must be paid by the buyer.
Goods must be returned with good protective packing.
No credit whatever will be allowed on special assemblies of goods which have been shipped according to customer’s specification, nor on out of date models. Goods delivered for less than 1 month should be refunded at the invoiced price. Because of testing, handling and accounting costs, after 1 month the deduction will be as follows :
> 1 month : -15%
> 1 year up to 2 years : - 30%
> 2 years : no refunded
If necessary repair costs will be deducted.

PAYMENTS
In Euros, by irrevocable letter of credit in our bank. All our sales are considered as transacted and payable in FRIVILLE without any derogation from this clause of jurisdiction whatever are terms of payment, place of transaction and delivery.
In the event of delay or default of payment our company will be entitled to suspend deliveries and repudiate the contract without any claim for damages from the buyer. In case of delay of payment, interest may accrue on any sum outstanding at banking rate (ECB) increased of 7 points.

LAWS AND DEFENSE
All disputes arising from the present contact will be settled definitely according to the Rule of Concilation and Arbitration of the International Chamber of Commerce, by a single arbitrator appointed according to this Rule.
The arbitrator will not be bound by any national law and will judge in equity, acting as "amiable compositeur". He will rule on in last instance, the parties agreeing to renounce to all way of defense, whatever the judgement rendered on the object of the dispute.

DRAWINGS, SPECIFICATIONS, ...
All drawings, specifications and other descriptives matter are approximate only.
Our company reserves the right to modify or alter the design, construction or appearance of goods described in our catalogues, notices, price-lists, at any time without notice.

Copy forbidden without our written agreement.