2013 - General terms and conditions of repair
Applies to relations between the party requesting repairs or its employees and the repairer or his employees, except in the case of special conditions which must have been defined.
ARTICLE 1 – QUOTATION
Quotations requested by a customer and provided by the repairer represent a firm commitment in relation to the price of spare parts, labour and consumables, subject to a variation of plus or minus ten percent on stripping down.
However, this commitment is only valid for fifteen days.
Costs of cleaning, stripping down and reassembly with a view to preparing a quotation, and the quotation itself, as well as those of custody are subject to invoicing and are payable in cash when the quotation is not taken up by the owner of the equipment. Otherwise they are included in the cost of the repair.
If a repair is carried out on-site without a prior quotation, the owner of the equipment or his representative must provide the repairer with all the material resources in his possession and sign, with or without comment, the delivery note presented to him by the repairer or his representative and which constitutes the contractual document.
ARTICLE 2 – DEADLINE
Deadlines for carrying out repairs are always given for information purposes only and depend on the availability of the equipment for carrying out the repair (any delays may not give rise to damages).
ARTICLE 3 – INVOICING
- Minimum charge
- Labour : Our prices depend on the time during which the work is carried out. A yellow tariff corresponding to work done between 07.00 to 19.00, from Monday to Friday.
A blue tariff including work done from 19.00 to 07.00 every week night as well as any time on Saturdays, Sundays and public holidays.
- Call-out (fixed rate) : Call-out rates are calculated according to zones defined by the repairer (these zones are subject to change at any time without prior warning).
- Parts and consumables
- Repair kits
- Miscellaneous services (management costs, traceability, etc.) : Brochures, catalogues and publicity material, etc. never constitute a firm offer on our part, but are restricted to being a simple indication subject to modification at any time without prior warning.
ARTICLE 4 – LABOUR AND SUPPLIES
Labour and supplies are invoiced at the price current on the date of invoicing. As the repairer has no legal relationship with the insurer of the party requesting repairs, this latter alone remains responsible for payment for the work even if the cost of the repair is to be covered in whole or in part by an insurer.
Where payment is stipulated as being in cash, the repairer has a right of retention, this right being recognized by jurisprudence. Any sum not paid on the due date and included in the invoice will attract late payment penalties equal to one and a half times the legal interest rate. Invoices are payable net of discount.
ARTICLE 5 - ACCEPTANCE OF THE WORK
Repairs are guaranteed for 1 year with the exception of parts subject to wear.
In a situation where a fault occurs during the period following a repair, the owner of the equipment must alert the repairer within 48 hours by registered mail so that an examination can be carried out. Defeasance clause: a dispute over a particular issue may not lead to the refusal of payment for goods not subject to dispute. In general terms, the terms of payment may not be delayed under any pretext whatsoever.
The liability of the repairer may not be invoked under any circumstances by any person when the equipment repaired has been dismantled without him being present or when a third party has made a repair subsequent to the disputed repair or when the user has not complied with the manufacturers operating instructions.
Our guarantee is limited to the replacement of equipment shown to be defective when restored to service. Under no circumstances can we be held liable for a wrong choice, improper use or normal wear and tear. No compensation will be owed the customer by CHRONO’flex in case of downtime or in case of losses caused to property separate from the equipment provided. In case of a dispute arising between the parties, the NANTES commercial court alone is competent.
ARTICLE 6 - CLAUSE CONCERNING RESERVATION OF TITLE
In accordance with law no. 80-335 of 12/05/80, spare parts incorporated into equipment which has been the subject of repair by us remain the property of the repairer until full payment for the repair has been received. Non-payment for the repair, even partial non-payment, gives authority to the repairer to recover the parts from the customer after serving notice by registered mail. The right of recovery as provided for by article 121 of the law of 25/01/1985 may be exercised even in a situation of turnaround or winding up by decision of a court.
Terms of settlement : Settlement should be made in full by cheque on receipt of the invoice. Work carried out at night, weekends or on bank holidays is payable in cash on presentation of the delivery note.
Reservation of title : From the moment of delivery, the recipient bears the risk for the items and assumes responsibility as if he were the owner: he is liable to pay for goods even in circumstances of their disappearance, including circumstances beyond his control and/or force majeure.
The company or person requesting the repair remains the owner of the original parts which were replaced. Under no circumstances will the repairer recover worn parts. The company or person requesting the repair alone is responsible for the removal, storage and processing of the worn parts that have been replaced.
ARTICLE 7 - ASSIGNMENT OF JURISDICTION
Any dispute resulting from a repair comes under the competence of the Nantes courts.
Download Terms & Conditions 2013