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General Sales Conditions


Warranties

Our products are guaranteed for a period of 2 years from the day you receive the material.
The warranty covers raw material and manufacturing defects under normal conditions of use. It is limited to the replacement of the part recognized as defective by our services. It may under no circonstances be the subject of any claims for compensation whatsoever. The transport costs shall always be covered by the buyer. The warranty does not apply when it has been acknowledged by our competent services that the equipment has been damaged by:

  • Abnormal wear and tear
  • Incorrect use of equipment
  • Accidents resulting from negligence
  • Maintenance defects
  • Non-compliance with standards
  • Assembly or installation not in accordance with professional regulations and practices
  • Poor quality storage


Orders

Delivery of an order implies the Customer’s agreement to these terms and conditions.
Those terms may not be modified under any circumstances by any stipulations which would appear on the Buyer’s order form or on its commercial documents.
For any first order, a customer information sheet must be returned to us completed and accompanied by the requested elements allowing the opening of the account.
The remarks mentioned by the customer on the purchase order, the commitments taken by our agents and/or our representatives will be considered only valid after our confirmation by our acknowledgement of receipt.
Orders whose net amount (including discounts), excluding taxes and shipping costs, will be less than 150 € VAT free corresponding to our minimum billing minimum will be increased by a fixed charge of 50€ VAT free.
Some countries are subject to other minimum delivery requirements.


Prices

Our prices are established according to the conditions of the price list in force on the day the order is placed. Prices are in euros, ex works, plus forwarding and packaging.


Payement

Our invoices are payable at the registered office of our company by bank transfer.
Unless otherwise agreed, these are payable within 30 days end of the month.
In the event of a late payment, default interests shall automatically be calculated from the due date.
All disputes related to the execution of the orders payment will be settle under the jurisdiction of the Commercial Court of TROYES, France.
Our mandates or settlement agreements do not make novation, nor derogate from this clause of jurisdiction, even in the event of a call in guarantee, or if there are multiple defendants.
Delay in goods delivery shall not ne the cause modified or late payment .
Failures by the Buyer to comply with the payment terms of one or more invoices agreed with the supplier shall result in the cancellation of the sale and shall confer to the Seller the right to claim ownership of the goods listed on the invoice(s).
Our invoices are payable at the registered office of our company by bank transfer only.


Expeditions

The shipping times stated on the acknowledgements of receipt of order are purely indicative; those are forecasts only.
The company is not liable for any delays.
In the event of a force majeure (e. g.: strikes, lock-out, epidemics, requisition, war, revolutions, serious damage affecting POK SAS, …), the seller will be released of any commitments made on its order acknowledgement.
Shipments are made at the most advantageous transport rates, taking into account the quality of the service provided.
Transportation and packing costs are the responsibility of the customer regardless of the split of the order.
Any orders whose net amount (discounted), excluding taxes, exceeds 600 € will benefit from free shipping and packaging, to destination for French metropolitan customers ,and at the forwarding agent for export customers.
Special packaging will be invoiced, even if the amount of the order exceeds 600€ net excluding VAT.
It is possible to request the delivery of an order in several shipments. However, if the amount of each shipment is less than 600€ net excluding VAT, shipping and packing charges will be applied to the corresponding invoice.
Any disputes relating to our supplies must be communicated to us in writing within at the latest 15 days, following the delivery of the goods.


Equipment Return

Any returns of equipment must be subject to prior agreement with our services.
In all circonstances, returns must be sent to our factory, Franco (FCA/ FOB).
No non-standard or customised equipment will be taken back.
Standard appliances that have been delivered within the last twelve months and whose good condition has been verified by our services, can be returned and a 30% discount on the invoiced price will be applied.


Transport ∧ Reception

The goods are forwarded at the Recipient’s risk.
In the event of damage or missing items, all reservations shall be made in writing to the delivery agent on receipt of the goods and the carrier shall be notified by registered letter within forty-eight hours of receipt.


After Sales Services

The taking over of the material by our services entails a transfer of risks of loss or destruction of the goods, subject to a title retention, as well as the damage they could cause.
A quotation is sent to the customer within a maximum of 10 working days.
After acceptance of this quote through an order form, the products will be returned within a maximum of 15 working days, shipping costs remain the responsibility of the buyer.
Without any response from the customer within 4 weeks after submission of the quotation, a reminder is sent by our sales department. Without any response from the customer, within 3 months, the material will be destroyed.
Should the quotation is declined, the material will be returned at the customer’s expense.


Catalogue

All information contained in our catalogues, technical data sheets, advertising documents, website, e-mail are given for information only.
The graphic representations, dimensions and weights as well as the performance of our products can be modified without prior notice according to technical progress and do not engage in any way the responsibility of the Company.


Offers

Unless otherwise specified, our prices are valid for a period of three months from the date of the quote.
The resulting orders imply the total acceptance of these terms and conditions of sale to the exclusion of all other documents.


Retention of title clause

The goods described on invoices and delivery notes shall be sold with a clause expressly making the transfer of ownership subject to full payment (total value and additionnal costs) on the agreed due date.
However, delivery of the goods shall notwithstanding, for the benefit of the customer, transfer the risks of loss of deterioration of the goods, which are subject to retention of title, as well as the damage they may cause.
The customer must take out an insurance to insure the risks arising from the delivery of the goods.
In the event the total value of the invoice has not been fully paid, the customer must individualise the goods delivered and not mix them with other goods from other suppliers.In the event of good seizure, or any other interventions by a third party on the goods, the customer must inform us without delay in order to enable us to oppose and preserve our rights.
The customer shall also refrain from pledging or assigning the ownership of the goods subject to the retention-of-title clause as security.
The failure to pay the full value of the invoice may lead to the Company reclaiming immediately the goods.
If the goods are not individually identifiable, we will be able to demand a refund or take back the goods still in stock.
In addition, in the event of non-payment in full on the invoice due date, the seller will be able to cancel the sale at its discretion, without formal notice other than provided for the cancellation of the term, with the option of taking repossessing the goods.
In addition, the customer will have to pay the Seller 30% of the amount due as penalty; deposits paid will being deducted from this amount.


Observations

No commercial transaction may be made until the buyer has previously read and countersigned a copy of these general conditions of sale.
Any disputes or litigations related to sales and whatever the nature will be submitted to the jurisdiction of the Commercial Court of the company’s registered office.





Version : January 1st 2018 – 01