Sales Terms and Conditions
FP85-1
1 – APPLICABILITY
Contracts of sale are concluded on the basis of our sales terms and conditions below which prevail over all purchase conditions. Terms and conditions mentioned on any other documents shall NOT apply except under formal and specific dispensation on our part.
2 - QUOTATION
Our quotations will only remain valid for a period of 4 months from the date of the quotation; after this period, quotations are subject to confirmation. The acceptance of an order requires a firm and written order. The prices of hydraulic manifold blocks are given according to your hydraulic diagram, parts list and particular specifications. Price changes may occur in case the customer wants to make any alterations. Each important specificity of the hydraulic system must be clearly stipulated during tender process, especially when it concerns safety of persons and machinery (for example: 100% leakage free, hydraulic system used as load restraining system).
3 - ORDER
Order cancellation cannot in any circumstances be applied to out of standard products which will be charged depending on the part of the order already executed.
4 - PRICE
Unless otherwise specified, all prices are established as pre-tax prices for non-packed and ex-works items, without any specific acceptance procedure. Our prices do not include any other service. Additional services must be subject to a special agreement. Neither hydraulic component, nor connection plug are provided. Only blanking ends (for manifolds manufacturing based on hydraulic diagram) are delivered unassembled and are identified on the drawing for ease of assembly.
5 - DESIGN
An overall drawing of each ordered manifold blocks is submitted for approval before manufacturing. Representation of exterior components on the drawing is given for information purposes only and we cannot be held liable. We are responsible for: the assembly of components in the ports provided and the proper compliance of the hydraulic system based on the provided diagram. Selling our products does not lead to the transfer of intellectual property rights of our design and our manufacturing process to our customer.
6 – DELIVERY PERIOD
Stated delivery times are given as accurate as possible but are without obligation; they are based on materials supply and shipping. Under no circumstances, a delivery delay shall not result in compensation or extension of payment deadlines, nor in cancellation of the order. Delivery period begins from the date of the agreement between both sides. The respect of schedule means that every information (in particular the agreement of the overall drawing before manufacturing) arrives on time and that the payment conditions are respected. At contract maturity, we may bill you if the ordered item isn’t achieved due to the non respect of your engagement to provide all the needed information.
7 – DELIVERING – SHIPPING - RECEPTION
Unless otherwise stated, the delivery is considered effective ex-works. If a delivery delay occurs beyond our responsibility, the delivery will be considered effective at the scheduled date. It is the responsibility of the buyer, unless otherwise stipulated, to take oncosts and risks of the transport of the goods sold, after delivery. In case of missing or damaged items at delivery, the buyer is in charge of expressing any reservations.
8 - PAYMENT
Unless otherwise stated, our invoices are payable net and without discount at NUMERHYD ww head office – 225 Av. De Coulins Z.A. – FR-13420 Gémenos – within 45 days of the end of the month, date of invoice.
- Discount: Depending on the conditions stated in our invoices
- Penalties: In case of late payment within the terms fixed, the balance due to the company shall automatically bear interest, without need of a formal notice, at a rate of three times the statuory rate of interest applicable from the maturity date mentioned in our sales terms and conditions, without having the clause affecting the payable nature of the debt. In case of non-payment of one invoice, all the other invoices are demanded to be paid even if their maturity date has not been reached yet and even if bills of exchange have been issued.
In addition of the penalties mentioned previously, each overdue invoice will attract an recovery fee of 40€ which will be paid by the Purchaser to the Seller.
9 – WARRANTY
Unless otherwise stated or specified conditions, we warrant our items for 6 months, from delivery date. From delivery day and during the entire warranty period, we are committed to render it compatible or to provide, for free, spare parts which would have been recognized as defective parts caused by defects in material or by defect from manufacturing. However, this warranty does not lead to any other obligation except the supply of new spare parts without any compensation from either side. Each manifold block will be deemed to have been entirely tested in your workshop by you. The compliance of the hydraulic circuit, the resistance to overpressure, the internal and external leakage will be tested among other things. NUMERHYD ww won’t by no means be charged for installation and removal costs or for the costs of operating losses due to the failure of a machine integrating our items. To apply the warranty we will have the right to verify the items conditions of use : any refusal from you releases our responsibility. Our liability is released for defects caused by loss of oil, leakage.
10 – RETENTION OF TITLE
We reserve title of all goods and components supplied by us until full receipt of all payments due under the delivery contract. The non-payment of any invoice may result in claims of property. These measures do not prevent the transfer to the customer, from the delivery , of the risks of loss and deterioration of the sold goods as well as damage which it could cause.
11 - JURISDICTION
Unless special mention stated on our order acknowledgement, solely the conditions above mentioned shall be accepted. When ordering, the customer acknowledge and agree with those terms notwithstanding with its own conditions and terms. The Courts of Bouches du Rhone shall have sole jurisdiction to solve legal disputes resulting from an order processing, payments or market terms. Our bills of exchange or our acceptance of payment do not constitute a derogation at this jurisdiction clause, neither do the customer’s terms and conditions.
