General Sales Conditions

General Sales and Repair Conditions

1 - SCOPE:

The present general sales conditions apply exclusively to all goods and services offered by the DEVOS-VANDENHOVE Group, whose registered offices are at 16, rue de l’Usine, Grigny, France (62140). Any activity performed by the DEVOS-VANDENHOVE Group thus indicates that the purchaser has unconditionally accepted the present general sales conditions.

2 - PRICE:

Prices for merchandise and services are those which are in effect on the day the order is accepted. They are expressed in Euros and do not include taxes.

Consequently, VAT, shipping fees, and any special fees related to the order (such as customs fees, local tariffs on exports, special packaging, etc.) will be charged thereon as of the day the order is accepted.

The DEVOS-VANDENHOVE Group reserves the right to modify its prices at any time. However, it also agrees to bill merchandise that has been ordered at the price given at the time the order was recorded.

3 - SHIPPING TIME

Shipping times are only given as an estimate. However, the DEVOS-VANDENHOVE Group agrees to make its best efforts to achieve a reasonable shipping time.

If the order is not delivered on time, the buyer may not cancel the sale, refuse delivery or claim damages, even if motivated by an extraordinarily late delivery.

4 - WARRANTY:

Our equipment is covered by the manufacturer's warranty for all manufacturing defects. Barring any overriding special conditions, repairs are covered by warranty for 6 months from the date the product is made available or shipped. The warranty is limited to repairing and/or replacing parts and/or components recognised as defective by our service technicians.

Repairing, modifying, or replacing parts during the warranty period does not extend the warranty period.

5 - PAYMENT AND LATE PAYMENTS:

Orders may be paid using a cheque, wire transfer, or bill of exchange. The payment deadline is that which is declared on the invoice.

If some or all of the contents of the order are not paid for, the purchaser must pay the DEVOS-VANDENHOVE Group a late fee equal to at least 1.5 times the statutory interest rate (calculated on the amount outstanding excluding taxes), accruing from the due date of the invoice.

6 - OWNERSHIP:

According to the terms set in Law 80-335 of 12 May 1980, the DEVOS-VANDENHOVE Group reserves the right of ownership for all goods until they have been fully paid for.

To that end, if the purchaser is subjected to statutory reorganisation or is liquidated by court order, The DEVOS-VANDENHOVE group reserves the right, as part of the collections procedure, to claim merchandise which has been sold but not yet paid for (either in whole or in part).

7 - FORCE MAJEURE:

The DEVOS-VANDENHOVE Group cannot be held liable in the event of non-performance of its obligations, or delays in performance that may result from force majeure (defined as any unforeseeable or unstoppable outside event in the sense of article 1148 of the French Civil Code).

8 - JURISDICTION:

For any dispute or litigation regarding the validity, interpretation, or fulfilment of the contract (found herein) the Tribunal de Commerce de Arras (Arras Commercial Courts) shall have jurisdiction.

General Sales Conditions for Machinery

I - PURPOSE OF THE CONTRACT:

The present General Sales Conditions (GSC) govern all contractual or pre-contractual business relations, which consist of supplying equipment with or without installation (as agreed), or of performing any sort of services on the Customer's premises.

In the absence of any special written agreements, the placement of an order by the Customer indicate acceptance of the GSC herein. In order to be valid, all overriding or additional clauses to the GSC must have previously been agreed to in writing by the DEVOS-VANDENHOVE Group.

II - DEFINITIONS:

"Hardware" refers to all assemblies and sub-assemblies composed of physical elements (such as motors, cabinets, digital terminals, computer equipment, etc.)

"Software" refers to any programs, procedures, rules and documentation related to the operation of data processing by a machine.

"Equipment" refers to all hardware and software within a single installation, to which the present contract applies.

III - COMMENCEMENT OF CONTRACT

The present contract shall take effect once the purchase order has been signed and after DEVOS-VANDENHOVE has agreed to said purchase order.

Offers are valid for a period of time indicated on the purchase order.

IV - TERMINATION:

The present contract may not be terminated by the Customer without the written consent of the DEVOS-VANDENHOVE Group. If the Customer cancels the order, the deposit sent shall be retained by the DEVOS-VANDENHOVE Group as compensation.

In the event that the customer has not settled his or her account, the DEVOS-VANDENHOVE Group reserves the right to claim that compensation be paid equal to no less than 50% of the amount of the sale, without prejudice to the repayment of all fees incurred.

V - MODIFICATIONS:

The DEVOS-VANDENHOVE Group reserves the right to make modifications related to technical upgrades as long as this does not change the price and does not affect the quality of the equipment.

VI - OWNERSHIP OF DOCUMENTS:

All drawings, diagrams, schematics, and any document related to the design or construction of hardware and software, as well as any technical or commercial information provided at the time of the offer or the contract shall remain the property of the DEVOS-VANDENHOVE Group and/or its suppliers, and may not be reproduced or transmitted to any third party without the prior written agreement of the DEVOS-VANDENHOVE Group and/or its service providers.

VII - DEADLINE FOR COMPLETION:

The time imparted for fulfilling obligations does not begin until the DEVOS-VANDENHOVE Group agrees to the order, and it has been signed by the Customer.

The DEVOS-VANDENHOVE Group is legally exempt from any commitments related to deadlines for fulfilling its obligations:

  • 1 - If the Customer does not follow the payment conditions, such as by not paying in the manner specified at the time the order was placed,
  • 2 - If information related to configurations, documents or services which the customer is required to provide are not delivered in due time.

    In particular, this includes all technical information needed by the DEVOS-VANDENHOVE Group in the event that existing Hardware and/or Software is reused under the configuration it was sold in.

  • 3 - In the event of force majeure or any event for which the DEVOS-VANDENHOVE Group or its suppliers bear no responsibility,
  • 4 - If the Customer has failed to provide or been late in providing hardware, access to utility areas and/or technicians' services,
  • 5 - If the Customer has not finished preparatory work on time,
  • 6 - If the Customer has not followed the terms regarding the placement or activation of hardware, of which he or she had claimed to be aware,
  • 7 - If the Customer has changed the size or nature of the work.

The installation is carried out during working hours on working days. Any interruption of work by the Customer may be billed as well.

VIII - DELIVERY

  • The machinery will be delivered to the address given when the contract is signed.
  • Once the service or hardware has been delivered, the Customer assumes responsibility for it.
  • The customer is responsible for verifying the condition, contents, and quantity of the packages when they are delivered.

IX - CLAIMS

In the event of claims for defects (upon receiving the Hardware), the Customer must inform the DEVOS-VANDENHOVE Group of them by registered mail, within three days of receipt.

The DEVOS-VANDENHOVE Group must be given the opportunity to verify the defects and correct them. Customers shall refrain both from repairing malfunctions themselves and from arranging for a third party to do the same.

Returns may not be made without the approval of the DEVOS-VANDENHOVE Group. All expenses and risks for returns shall be borne by the Customer.

Returning all or some of the equipment does not release the Customer from his/her obligation to pay. Additionally, if it is returned, the Customer may opt for a replacement, refurbishing, a refund or a deduction subtracted from the next invoice, depending on which choice best suits his/her needs.

X - WARRANTY

Our equipment is covered by manufacturer warranty for all manufacturing defects. Barring any overriding special conditions, repairs are covered by warranty for 6 months from the date the product is made available or shipped. The warranty is limited to repairing and/or replacing parts and/or components recognised as defective by our service technicians. This warranty is exclusive and does not apply to parts which are subjected to normal everyday wear (such as ropes, batteries, accumulators, lights, etc.)

Repairing, modifying, or replacing parts during the warranty period does not extend the warranty period, and shall not be billed by the DEVOS-VANDENHOVE Group.

This warranty may not be used by the Customer for the purposes of exchanging or replacing parts in the following cases:

  • Incorrect usage or non-compliance by the Customer of the conditions of use, installation, and operating environment recommended by the DEVOS-VANDENHOVE Group or one of its suppliers,
  • any fault not caused by the equipment,
  • repairs made by the Customer or a third party without the prior written agreement of the DEVOS-VANDENHOVE Group,
  • any use not specified in the contract,
  • a mandatory modification owing to regulations,
  • removal of the hardware's serial number, identification plate, etc.
  • damage or wear resulting from theft, vandalism, or natural disasters.

XI - SERVICES

1 - Performance

The Customer agrees to provide unrestricted access to its premises and to supply equipment or hardware required for The DEVOS-VANDENHOVE Group to carry out its services (including standards-compliant electrical supply, an enclosed and covered location, etc.),

The DEVOS-VANDENHOVE Group will only begin installation after it has been given assurance that electrical and operator networks are compliant with the standards in effect and the manufacturers' environmental requirements.

Otherwise, achieving compliance will be the responsibility of the Customer, and work will only begin afterwards.

2 - Training

The DEVOS-VANDENHOVE Group agrees to train the Customer's staff in the use of the product or facility:

User training:

This will be a brief training period for people who use the product or equipment on a regular basis in the course of their work.

XII - PRICES

Prices for merchandise and services are those which are in effect on the day the order is accepted. They are expressed in Euros and do not include taxes. Consequently, VAT, shipping fees, and any special fees related to the order (such as customs fees, local tariffs on exports, special packaging, etc.) will be charged thereon as of the day the order is accepted. The DEVOS-VANDENHOVE Group reserves the right to modify its prices at any time. However, it also agrees to bill merchandise that has been ordered at the price given at the time the order was recorded.

XIII - PAYMENT AND LATE PAYMENTS

Orders may be paid by cheque, wire transfer, or bill of exchange. The payment deadline is that which is declared on the invoice.

If some or all of the contents of the order are not paid for, the purchaser must pay the DEVOS-VANDENHOVE Group a late payment fee equal to at least 1.5 times the statutory interest rate (calculated on the amount outstanding, excluding taxes), accruing from the due date of the invoice.

XIV - ADDITIONAL SERVICES

The services provided are strictly limited to those described in the contract. However, if the Customer requests other goods or services, they may be agreed to by both parties in the form of a rider or appendix signed and appended to the contract.

XV - OWNERSHIP

According to the terms set in Law 80-335 of 12 May 1980, the DEVOS-VANDENHOVE Group reserves the right of ownership for all goods until they have been fully paid for.

To that end, if the purchaser is subjected to statutory reorganisation or is liquidated by court order, the DEVOS-VANDENHOVE Group reserves the right, as part of the collections procedure, to claim merchandise which has been sold but not yet paid for (either in whole or in part).

XVI - LIABILITY:

The DEVOS-VANDENHOVE Group shall exercise due care with regard to the Customer, but may not be held liable for failure to do so. It agrees to perform its obligations arising from the contract in good faith.

Additionally, the DEVOS-VANDENHOVE Group may not be held liable if the reinstallation of hardware causes loss of data or power.

XVII – APPLICABLE LAW - JURISDICTION

The present General Sales Conditions are governed by French law. The original French language text shall prevail over any translation.

For any dispute or litigation regarding the validity, interpretation, or fulfilment of the contract (found herein), both parties shall make their best efforts to settle out of court. If they do not, jurisdiction shall fall to the Tribunal de Commerce d'Arras (Arras commercial courts).

Version 2007-0001


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