1 – General provisions
POWER SYSTEM reserves the right to make any changes in shape, size, material to its products compared to the information in its catalog. In the case of an offer of mail-order sale, a period of validity of the offer of sale will be specified and during this period the prices and characteristics of the product indicated in the offer cannot be modified. All our sales are subject to the present general terms and conditions which prevail over all conditions of purchase unless we expressly and formally waive them. All orders imply full acceptance of these terms and conditions of sale and warranty. Our distributors are not agents, they act on their own behalf and in their own name, they are therefore solely responsible, vis-à-vis their customers, for commitments of any kind made by themselves.
2 – Transport and delivery
All our goods travel at the expense, risk and peril of the recipient. If there is a shortage, damage or delay in delivery, the recipient must only take the goods after having made reservations to the carrier or delivery person. He must confirm these reservations under the conditions provided for in Article 105 of the French Commercial Code.
Any claim against our company will not be accepted if the reservations were not formulated at delivery or if the rights against the carrier have not been confirmed.
saved. No return of goods, for any reason whatsoever, can be made without our written agreement. Any return of goods made without our agreement and with costs will be refused.
No complaint concerning the composition of the material delivered, the quantity, the weight or the non-conformity with the dispatch note will be accepted if it reaches us after a period of 8 days following the receipt of the goods by the recipient.
3 – Delivery times
Our delivery times are given for information only, unless otherwise stated. Goods in stock are only offered unless sold in the meantime. Any delay in delivery may under no circumstances be invoked as a cancellation clause of the order, nor give rise to compensation or penalty, unless it has been expressly agreed by mention at the time of order.
If a commitment relating to the deadline has been stipulated, we are released from it in the event of facts beyond our control, whatever they may be, in particular if they affect the manufacture or transport, as well as in the event that the payment agreements made have not been observed by the purchaser.
4 – Warranty
Warranty is granted exclusively for Carbon Cleaning engine descaling stations and Flash Cooling coolant draining, filling and purging stations. The warranty period is sixty months from the date of availability, provided that the machine has been used under normal operating conditions.
The warranty covers the repair or replacement of parts found to be faulty, but under no circumstances shall such repair or replacement extend the warranty period or justify any compensation whatsoever, even for loss of profit. Consequently, the guarantee does not cover, in particular, accidents to persons or things caused directly or indirectly by the use of our machines or resulting from a defect in construction, design or material.
The guarantee does not apply in the event of abnormal use of a machine or device resulting in particular from improper installation, overloading, fault or negligence on the part of the user, lack of maintenance, abnormal variations in the voltage of the supply current or dismantling of the machine, modification of the fuses or original settings. It also does not apply in the event of repairs made by the purchaser or a third party without prior written agreement or dismantling of the machine.
After the manufacturer has agreed to take over the guarantee, the costs of returning the goods to the company’s head office are always borne by the purchaser. The material must be returned in original conditions on a pallet.
If parts are faulty and have to be exchanged under warranty, the new parts can only be shipped after receipt of the faulty parts. The shipping costs of the defective parts shall be borne by the purchaser and the shipping costs of the new parts shall be borne by us.
It is imperative that each professional take out a civil liability insurance policy.
5 – Prices
Our prices are calculated ex-works, with the customer bearing the costs of postage or transport. Our invoicing is always made at the price in force on the day of shipment. The prices announced in this catalogue are subject to VAT at the legal rate.
6 – Payments
Our sales are always made exclusively in cash, net of discount, any payment facility that may be granted must be ratified by our head office. Any default or/and late payment authorizes us to suspend shipments, Law of 31.12.92 n°92/1442: any late payment will give rise, ipso jure and without any prior formal notice, from the due date to the application of penalties set at a rate equal to 1.5 times the legal interest rate for the current year.
7 – Reservation of ownership
The seller reserves ownership of the products of the sale until full payment of the price by the buyer. Consequently, the buyer shall be required to take the necessary steps to ensure that the products sold remain, until payment of the price, identifiable as the property of the seller, it being understood that the custom is applied according to which the oldest products delivered are the first to be sold so that the goods remaining in stock are deemed to be those most recently received from the supplier. In the event of non-payment of a single due date, the seller may simply, without the need for a formal notice, take back the products, objects of sale and not yet paid for. All goods which could be in the hands of the purchaser on the day of the declaratory judgment of the Judicial Adjustment, are considered, by agreement between the parties, as being those which have remained unpaid.
8 – Contestations
All disputes relating to the sale of our products, even in the event of a warranty claim or multiple defendants, shall fall within the exclusive jurisdiction of the commercial court in whose jurisdiction our registered office is located.