GENERAL TERMS AND CONDITIONS

All commercial transactions performed by our company are subject of these general terms and conditions. Consequently, all the orders placed with our company necessarily imply, as an essential and determining condition, the unconditional acceptance by the customer of these conditions, regardless of any otherwise provided our clients’ documents could display. These conditions appear on each quote created by our company and you can visit it on our website www.getup-potelet.fr/en.

These terms and conditions prevail over any other general or specific agreement if not expressly approved by our company.

The fact our company might not, at one point, prevail over any of these general conditions absolutely cannot be interpreted as a renunciation to prevail over these very conditions later.

We reserve the right to change these conditions at any time. In this particular case, the applicable conditions are those in effect at the time the client placed his order.

Our products offer is subject to stock availability.

These products are likely to be developed or technically modified at any time, upon decision from the Company.

Delivery times
Delivery times are mentioned as precisely as possible, but they are subject to vendor’s provision and transport capacities. Going beyond the delivery date doesn’t imply any deduction, compensation nor cancellation of the orders in process. However, if the delivery of the product has not occurred within two months following the stated delivery date, for another reason but the case of force majeure, the sale may be dissolved on demand of either party, by registered letter with advice of delivery or acknowledgment receipt. The Customer can only obtain the refund of his payment and not any compensation or damages.

We consider as cases of force majeure allowing us a no delivery: the war, the riots, a more than seven days detention under customs control, the fire, strikes, crashes, the impossibility of being supplied.

We will inform the Customer, in a timely fashion, of events or cases of force majeure.

Terms of delivery
We allow ourselves to proceed to whole or partial deliveries. In the case of damage during transportation, the usual reservations must be expressed to the transporter by registered letter with acknowledgment receipt within 48 hours following the receipt of the supplies.

We consider that the delivery is done upon the transporter gave the products to the Customer. The delivery note, handed over by the transporter, signed and dated by the Customer upon receipt of the order, establishes a proof in regard to transport and delivery.

It is up to the Customer to check the contents, the condition and conformity of the delivered products beforehand he signs the delivery note. If an anomaly is detected, the Customer has to refuse the delivery or express handwritten precise and dated reservations (the “subject to unpacking” or “subject to assembling” statements will not be accepted). The complaints regarding apparent defects or non-compliance between order product and delivered product must be expressed by registered letter with acknowledgment of receipt within 48 hours starting from the receipt of the products. In the absence of reserve requirements, we consider that the Customer did accept, so the delivery shall not be contested afterwards.

It is the Customer responsibility to provide every proof of the reality of the defects or/and anomalies reported. He also has to afford the Company every opportunity to ascertain and remedy such defects. He shall refrain from intervening or making a third party intervene.

All products returns are subject to our prior written consent. After agreement, we authorize products returns within a maximum of 7 days from the products delivery. The transportation costs shall be at the expense of the buyer. The product shall be packaged as it was when delivered. Every return of a non-packaged or damaged product will create extra charges falling to the Customer. We cannot accept “freight collect” returns.

In the event of an apparent defect or non-compliance of the products delivered, duly noted by the Company under the conditions mentioned above, the Customer would get a free replacement of the products or a credit note for return products, at the Company’s option, exclusive of any compensation or damages. In the event of a credit note, it would undergo a 20% cut, to make up for the depreciation and repacking.

The Customer gets a 1 year warranty (from the date of purchase) on all the products distributed by our Company. This warranty is applicable for any defects on sold items, provided they are notified to the Company as noticed. Under this warranty, the only obligation incumbent on the vendor shall be the free replacement or repair of a product or a component recognized as being defective by Our services. All products entitled to benefit from the warranty must be, beforehand, submitted to our Company from which the agreement is essential for any replacement.

WARRANTY EXCLUSIONS : 

In any event, the warranty shall not apply to conspicuous defects. Faults and deterioration due to normal wear and tear or an external accident (incorrect assembly or installation, poor storage conditions (especially if not kept from freezing or bad weather in a protected place), abnormal use etc.) or due to a modification of the products which was neither foreseen nor specified by the Company shall also be excluded.

Prices are determined by our Company and are mentioned on the quotation or on the order form. Prices offered by our Company are likely to vary, without notice, with the changes that may affect petroleum products. Our prices are excluding taxes prices, DDP, except otherwise mentioned on the quote. Unless agreement approved by the Company, an invoice is provided for each delivery and is handed over at the same time.

The non-fulfillment by the Customer of the obligations for payment or any delay entails automatically by law the payment, without prior notice, of delay penalties equal to three times the legal interest rate in force, applicable to the excluded taxes amount appearing on the invoice, from the day after the products delivery. In case of non-payment, 48 hours after a formal notice remained unsuccessful, the sale will be canceled by rights on request of our Company, via registered letter with acknowledgment of receipt, without prejudice to any other damages. In accordance with articles 441-6c. com. and D. 441-5 c. com., any delay in payment automatically entails, in addition to aforementioned penalties for delay, an obligation for the debtor to pay a 40 euro compensation for recovery costs. An additional compensation may be demanded, on supporting documents, if recovery costs turn out to be higher than the fixed compensation amount.

Notwithstanding any clause to the contrary, in particular appearing on the Customer’s commercial documents, the ownership of the ordered and delivered products will be transferred only AFTER the payment has been effected in full by the Customer.

The Customer will make his personal business of any regulations or standards updating of ordered products concerning a use or a launch on the market in a foreign country.

The Customer agrees that the PRO ASSIST will not carry any liability for any indirect damage, such as loss of profits, commercial disturbance…; requests or complaints formulated against the Customer and made by any third party. At all events, the liability of the PRO ASSIST is limited to the amount collected by itself in accordance with the implicated product.

Before any contentious action, both parties will try to reach an amicable settlement about any dispute or challenge of all categories. Failing such amicable settlement, for professionals, the sole venue shall be the court at Annecy, notwithstanding any clause to the contrary that the Customer may rely on. Only French law shall be applicable.