Article 1: Quote
Quotes are valid for one month from the reference date. After this period, the information, prices and commercial conditions will lapse. To validate the quote, the customer must return the latter by affixing the mention "read and approved, good for agreement" will date and sign the latter. The return will be made by post or computer. The acceptance of a quote triggering an order is valid for acceptance without reservation of all of the general conditions of sale.
Article 2: Order
The validation of the quote will automatically generate the order. However, all orders will only be final after their acceptance by BRUMALIS and after receipt of the deposit stipulated in article 7. Orders must be written and must respect the minimum amounts fixed by BRUMALIS. Unless otherwise stipulated, no offer or quote is deemed to be inclusive. All charges, parts or supplies, even if not previously designated, will be invoiced in addition if they are the subject of a specific request from the customer outside the field of designation of usual references.
Any modification or cancellation of an order by the customer must be reported in writing within 72 hours of validation of the quote. After this period, no deposit refund may be required by the customer.
Article 3: Delivery - Deadlines
BRUMALIS guarantees compliance with delivery times when the desired date is at least equal to 15 working days from the date of confirmation of the order. These order availability times are given for information only. If the customer does not accept delivery of the products, BRUMALIS may, without prejudice, require the execution of the sales contract or consider the termination of the sale, the deposits remaining acquired. The products are available for transport costs unless special agreement such as the fixing of a free.
In the event of a transport shortage, it will be up to the customer to supply himself, notwithstanding any special agreement.
Article 4: Complaints
In accordance with articles 105 et seq. Of the French Commercial Code, products travel at the recipient's risk and peril, notwithstanding the retention of title clause (art 10).
We reserve the right to refuse a carrier mandated by the contractor if this carrier does not meet all the required transport conditions. In the event of damage or missing items, it is up to the recipient to exercise recourse against the carrier. Complaints for apparent defects or non-compliance must be made by registered letter with acknowledgment of receipt within two days of the delivery date mentioned on the delivery note from the carrier. The customer must then provide all the supporting documents as to the reality of the vices or defects noted. After this period, no claim will be accepted. In addition, if the customer, despite the checks, has sold the products, BRUMALIS cannot be held liable for any damage that may result from their use.
Article 5: Return
All returns must be the subject of a formal prior written agreement between BRUMALIS and the customer. Any return of product without this agreement will not give rise to a replacement or its return to conformity. The establishment of a credit note can only be carried out if the replacement cannot be carried out, to the exclusion of any other compensation or other claim.
Article 6: Price
Our prices are indicated in euros (€) and are established for a removal of goods from our workshops and subject to full compliance with our GTC. Our prices are firm for accepted orders. Our prices are subject to change without notice. Our prices are displayed excluding taxes and increased by all the mandatory taxes applicable on the day of delivery as well as the shipping costs, customs duties or exchange rates of the day if applicable.
Article 7: Down payment, Invoicing and Payment
The payment of a deposit representing 50% of the value including tax of the order will trigger the delivery of the goods. The balance of the invoice, after deduction of down payments, is made in cash upon removal of the goods. Even if by special conditions derogating from the present, other terms are agreed, the disrespect of only one of the agreed terms makes all of the outstanding debts immediately due. By simply accepting these terms, the customer authorizes BRUMALIS to present a bank draft at the agreed date, which he undertakes to accept.
No discount for early payment will be granted and no other special conditions will be granted regardless of the method of payment. Payment consists of the actual collection of the price on the agreed due date. The payments must be made for the total amount including tax appearing on the invoice including transport costs or any other tax appearing there. In the event of a payment incident, BRUMALIS may make the sale subject to a payment method adapted to the situation.
In the event of delay or non-payment by the date appearing on the invoice, BRUMALIS has the right to cancel all orders in progress without any prejudice. In addition, failure to pay on the legal date results in the payment of the sums remaining due (including those that have not fallen due) as well as late payment penalties fixed at 1.5 times the legal interest rate and the payment of all collection costs (legal costs included).
All customers outside mainland France, including Corsica, pay for their order in full by advance transfer without discount.
Article 8: Material and warranty
Compliance with mounting, installation and maintenance conditions is imperative. We decline all responsibility in the event of non-compliance with basic rules and technical recommendations for use (purging, wintering, descaling, oil level, etc.). The high pressure units are guaranteed for 2 years in the context of compliance with the conditions of use and installation. In the event of damage, and whatever the cause, our warranty includes only our equipment. To be valid, the guarantee that we carry to our GHP supposes their use according to standards in conformity with the prescriptions given by our technical service. Any return of equipment can only be done with our agreement, carriage paid, in its original packaging.
Article 9: Retention of title
The customer accepts that the transfer of ownership of the products coincides with the full payment of the latter.
Article 10: Force majeure
BRUMALIS reserves the right to suspend or terminate the agreements concluded, without compensation or other recourse, in the event of force majeure and in particular in the event of floods, storms, strikes, manufacturers' failure. BRUMALIS is exempt from its delivery obligation in cases of force majeure.
Article 11: Cancellation clause
The non-performance by the customer of one of its obligations, implies the return without delay of all the products delivered at the customer's expense.
Article 12: Competent jurisdiction
The sales contracts concluded with BRUMALIS are governed by French law. In the absence of amicable resolution of disputes, any difference between BRUMALIS and the customer falls under the jurisdiction of the Commercial Court of Toulouse. As such, the contractor acknowledges the right of BRUMALIS to obtain a minimum fixed compensation of three thousand euros (€ 3,000) per object of litigation, this as a penalty clause if necessary.