Effective 01 January 2017
ARTICLE 1: Object and Field of Application
The present conditions of sale shall apply to all sales of products, equipment and services by our company, PCFR. All orders placed with PCFR imply the acceptance without reserve by the purchaser and his full and complete acceptance of the existing general conditions of sale which will prevail over any other contractual or non-contractual document of purchase.
ARTICLE 2: Intellectual Property
Our company, PCFR, is the sole owner of the rights to the industrial and intellectual property of products, equipment, services and technical documentation made available to our clients. Our clients declare to have full knowledge of these rights and undertake to not divulge these rights or make use of these rights or to divulge this information to a third party.
ARTICLE 3: Orders
By order it is understood that this pertains to any order for products, equipment or services from the company PCFR, herein after referred to as merchandise. Once a signed quotation or order form has been received, accompanied by the required payment or deposit, the order is deemed irrevocable. Any request for modification to an order that has already been submitted will only be considered if the request is received in writing by PCFR no later than 8 days after receipt of the original order.
ARTICLE 4: Price
The current Tarif published by PCFR can be revised at any time. All price modifications will be automatically applied from the date indicated on the new price list. Prices are confirmed by the current price at the time of placing the order. The price and prices exclude taxes, transportation and delivery fees. Delivery fees are detailed on the published price and in our catalogue.
ARTICLE 5: Delivery
Delivery dates are given as an indication only and are non-binding to PCFR, who will endeavour to honour delivery dates indicated at the time of acceptation of the order. No orders can thus be unilaterally cancelled by the client due to delays in delivery, nor claims for damages or interest be made. The transfer of risk of merchandise sold becomes effective from the handing over of the custody of the merchandise to the transporter or the moment the merchandise leaves our warehouse. Thus all merchandise is transported at the risk of the purchaser. The client is responsible for indicating any damage or missing merchandise directly to the carrier at the time of delivery. All orders will be considered accepted by the client unless a registered letter is sent to the carrier within 3 days of delivery and a copy is simultaneously addressed to PCFR. In the case of defects or missing parts, all claims, of whatever nature, pertaining to the delivered merchandise, will not be accepted by PCFR unless submitted in writing, by registered letter, within the time limit of 3 days after delivery. Any return of goods by the client cannot be made without prior written agreement by PCFR. The expenses of returns will only be the responsibility of PCFR in the case of apparent damage or missing parts, this will be established by a PCFR representative on receipt of the goods. In this case the client may only request the replacement of these specific items, an order cannot be cancelled or parts reimbursed. Any claim made by the purchaser according to the terms described in the present article does not exonerate the client from making payment for the merchandise concerned. In the case of non-payment of an invoice that is due, PCFR reserves the right to suspend any delivery or future deliveries.
ARTICLE 6: Terms of Settlement
PCFR invoices are payable on the due date for payment which appears on the invoice. The full amount appearing on the invoice and which has not be settled by the due date will be subject to late payment penalties fixed at 6% of the full amount of the invoice per day overdue. In additional a fixed penalty fee of 40€ will be applied from the first day overdue. These penalties fees are in full compliance with current legislation and are not subject to reminders or formal notice having been issued.
ARTICLE 7: Rights of Ownership
PCFR retains ownership of all merchandise until full payment has been received from the client, even in the case where delays of payment have been agreed and granted. PCFR has the right to reclaim any and all merchandise held by the purchaser in order to defray any outstanding invoices by means of recuperation or resale of the merchandise without prejudicing the right to cancel any current orders with PCFR. The client may not sell merchandise that is deemed unpaid and may not request surety on merchandise where payment is outstanding. In the case of non-payment of an invoice PCFR has the right to cancel the sale after giving the client formal notice. Likewise, after sending formal notice, PCFR has the right to access the clients’ stores or warehouses in order to establish a full inventory of merchandise in the clients’ possession. In the case of legal procedure or liquidation of the client any current orders will automatically be cancelled and PCFR reserves the right to resell any of the clients’ merchandise in stock. The present clause regarding the rights of ownership does not affect the transfer of risk of merchandise to the client at the time of delivery. From the date of delivery the client is considered the trustee and guardian of the merchandise. In the case of non-payment PCFR reserves the right to terminate the sale once formal notice to this effect has been given and also reserves the right to re-sell any unpaid merchandise. The transports costs for the return of the merchandise will be for the clients’ account.
ARTICLE 8: Warranty and Latent Defects
The warranty extends for a period of two years from date of delivery. This warranty is invalidated if the client does not notify PCFR within 20 days of finding any defect. The client will be incumbent to provide proof of this date. PCFR will repair or replace, at no cost to the client, the defective parts, the client may not make any claims for reimbursement or interest with regards to the defective parts. Defects or deterioration following delivery and due to abnormal conditions of storage, notably in the case of accident of any kind, will not be subject to warranty claims. This warranty only applies to merchandise which is the regular and normal property of the purchaser. The warranty only applies to merchandise distributed by PCFR. The warranty is only valid if the merchandise has been used in accordance with the purpose and within the limits they have been constructed for and proposed by PCFR. A design defect is not a latent defect; full technical data on merchandise on offer is available to all clients of PCFR. PCFR will not be liable for any damage as a result of any special adaption or installation of the merchandise without our prior written consent.
ARTICLE 9: Suitability of Equipment and Responsibility of the Purchaser to his Own Client
In no way can PCFR be held responsible for the requirements or descriptions as supplied by the final purchaser to our client. It is exclusively the responsibility of the purchaser to verify the suitability and choice of equipment with regards to the actual conditions of use of the merchandise. The purchaser is entirely responsible to ensure that any legal requirements relative to the safety of swimming pools and swimming pool safety systems are adhered to and to inform his client of these requirements. PCFR cannot be in any manner held responsible for a lack of information or advice with regard to the client of the purchaser.
ARTICLE 10: Disputes
Any dispute between the Company and the Client regarding the validity, performance or interpretations of this Contract, or more generally the relation between the Company and the Client, the Client may implement a mediation procedure or any other alternative way of resolution of disputes. It is expressly reminded that claims for amicable settlement does not suspend the delays for introducing any judicial action. The mediation entity named by the Company is: Maître Michel Frédéric COUTANT, Médiateur Consommation, 47 BIS B Boulevard Carnot, 13100 Aix-en-Provence, Tel: +33 (4) 42 38 02 16 Fax: +33 (4) 42 38 05 42 firstname.lastname@example.org www.coutant-gallier.com
ARTICLE 11: Granting of Jurisdiction
Any and all disputes with regards to the application of the present general conditions of sale and their interpretation, their execution and the sales contracts and payments concluded by PCFR, will be heard by the regional court of PCFR’s head office, irrespective of the place where the order, delivery or payment may have taken place. Any correspondence enter into will make neither novation, (the substitution of a new contract instead of the old one), nor special dispensation to this clause, as granted by jurisdiction. The granting of competence is general and is applied and takes the effect of a principal request, of a parenthetical request, of a basic action or of a consultation. In addition, in the event of judicial action or all other action to recover the debts by PCFR, the costs of notice, of justice, any legal fees and all additional costs will be the responsibility of the client at fault as well as costs resulting from the non-respect by the client of the conditions of payment or the delivery of the order under consideration.
ARTICLE 12: Law Applicable
All questions relative to the present general conditions of sale as well as sales which they have governed which are not dealt with by the present contractual stipulations will be governed by French law to the exclusion of all other laws.
PCFR SAS with capital of 433 200 € RCS AVIGNON N° SIRET 514 992 494 00021
Head Office: 130 Boulevard du Nord, 84160 Cucuron, FRANCE