The present selling terms and conditions are proof between parties, unless a specific written agreement exists between the Customer and our headquarter HYDROCLEAN PA GOHELEVE SUD – 56300 NOYAL-PONTIVY
Any order addressed to HYDROCLEAN or acceptance of offer from HYDROCLEAN shall mean acceptance of these terms and conditions, which make Customer’s particular or general terms of purchase void.
The catalogues, printed matters and other commercial or technical documents from HYDROCLEAN, apart from these selling terms and conditions, cannot be considered as contractual documents.
They can be modified without previous notice. We are not responsible for assessing the right choice of products for the final use the customer intends them for. Therefore HYDROCLEAN cannot be held responsible for side effects due to use of its products under conditions or circumstances other than normal conditions of use, or those reasonably expectable.
HYDROCLEAN reserves the right to bring technical or practical modifications to the ordered products provided he quality known by the customer does not suffer from it.
HYDROCLEAN reserves the right to modify the characteristics of its machines without prior notice (documents and pictures not contractual). The power of combustion engines is given according to SAEJ607 standard (Gross – HP).
a) Unless the customer has expressly made a choice, the means of transport and the choice of the carrier are within HYDROCLEAN’s exclusive province, without involving its responsibility.
b) Delivery of machines occur in warehouses, and transfer of risk occurs whenever transfer of property happens, either by direct remittance to the Customer, by availability notice, or by remittance of goods to the first carrier, whether designated by the Customer or not. As a consequence, the goods travel at the customer’s risks included when they are free delivered or when HYDROCLEAN contributes to transport costs (free delivery or contribution to transport costs must be considered as a concession on price). The Customer is liable for all transport operations (excluding free delivered prices as for financial cost), insurance, custom fees and handling costs.
c) In case of damage or missing parts during transport, precise reservations must be written on the carrier’s transport receipt, and confirmed through registered letter to the carrier within three days.
d) Other claims are only received when written, and must be addressed to our commercial department in NOYAL-PONTIVY within eight days from reception of goods by the Customer. The date of reception is the one noted on the carrier’s receipt. HYDROCLEAN will not consider claims declared later than that. Once this deadline is
over, the goods are conclusively considered as compliant to the order, whatever the claim of the customer (missing items, faulty product…).
e) The lead times that can be communicated remain indicative. We do our best to deliver goods in time, however, possible delays cannot justify cancellation of order or damages.
f) No return of goods will be accepted unless HYDROCLEAN has given preliminary written agreement.
g) Returns will have to be made at the Customer’s risks within 20 working days from HYDROCLEAN’s written agreement. Returns shall be carriage paid, unless preliminary written notice from HYDROCLEAN.
h) HYDROCLEAN’s responsibility is strictly limited to replacement of goods returned for non-conformity, and excludes damages. The goods will be delivered according to the terms of transport described in section I of these selling terms and conditions.
a) The applicable prices are those in force at the time the order is passed.
b) The minimum order is of 25 € net price ex VAT.
c) Unless specified differently, our terms of payment are 30 days date of invoice.
d) Our terms of payment, whether in cash, bill or transfer, as well as payment time are considered accepted when the Customer account is opened, and shall in no case be modified unilaterally by the Customer, without a written agreement of HYDROCLEAN.
e) No modification accepted by Dimaco can produce retroactive effects.
f) Return of bills must be made on receipt of invoice or statement by the Customer and at the latest within 48 hours. After 15 days we reserve the right to have refusal of acceptance recorded by protest. HYDROCLEAN may present to the bank bills in electronic form, or hard copies.
g) In case of payment by cheque, HYDROCLEAN must have received it at the latest on the due date mentioned on the invoice.
h) In case of late return of bills or late payment, or if terms of payment are not respected, HYDROCLEAN may delay or cancel by law and without notice the current orders, even those not concerned by delay of payment.
i) Failure of payment on due date all or part of an invoice makes due payment of all invoices, including those not due.
j) In case of partial or total litigation on one of our invoices, only the amount questioned on a registered letter addressed to HYDROCLEAN at the latest within eight days from reception can be momentarily excluded from payment, but shall be due for payment as soon as the dispute is settled.
k) Any delay of payment leads to late payment charges of three times the legal rate without notice. This does not change the payability of the debt. The Customer will also have to pay for any other charge linked such as bank charges.
l) HYDROCLEAN may ask for part payment for any order, and mostly if it is a new Customer, a Customer having financial problems or having experienced payment incidents , and if the order represents a significant volume.
m) Any account opening can be submitted to agreement of our credit insurance company.
n) In case of bankruptcy proceedings of the Customer, all the amounts due will become immediately mature. Any delivery will then become liable to advance payment.
o) In case of litigation, a basic allowance of 15% on the amounts due will be applied as a penalty clause (1 1 53 of Code Civil)
HYDROCLEAN guarantees its product from hidden defect coming from manufacturing defect in the following conditions:
- Guarantee applies only to products manufactured by HYDROCLEAN and which have been legally acquired ; It is excluded when conditions of use recommended in the user manual have not been respected or if conditions of use have not been normal.
- Guarantee applies only to hidden defect, i.e. defect in manufacturing of the object, which makes it unsuitable for the use it is intended for, and which could not be seen by the buyer before using the machine. Defects easily detectable by a professional having all the technical product documentation are excluded.
- Guarantee does not cover damages resulting from adaptation or transformation of the products, unless HYDROCLEANhas given written agreement.
- Guarantee is limited to repairing or replacing the defective product depending on technical diagnosis. In no event shall HYDROCLEAN be liable for special or consequential damages.
- Guarantee is void if the customer does not inform HYDROCLEAN of the defect within two years from discovering it.
- Freight and labor costs are supported by the buyer
If the customer does not respect any of its obligations, HYDROCLEAN may terminate the selling contract eight days from notice through registered letter. The products will have to be returned upon first written demand, at the Customer’s expenses and risks.
The object of the delivery remains the property of the supplier until full payment of agreed price, wherever the goods are, even in the warehouses of the Customer. Until then, the customer bears the risk for the damages the goods could suffer or cause.
HYDROCLEANmay invoke this title clause 30 calendar days from formal notice by registered letter addressed to the Customer and remained without effect in the meantime. In this case the goods will have to be returned to our Company at expenses and risks of the Customer.
In case of litigation, the competent jurisdiction will be the Lorient commercial court.