Terms and conditions of sale

Article 1: GENERAL INFORMATION
Any order placed with EUROTIP implies acceptance by the Purchaser of these general terms and conditions of sale and express waiver on their part of their own general terms and conditions of purchase. The prices and information contained in catalogues, brochures and price lists are not binding on EUROTIP, which reserves the right to make any changes.
Article 2: DELIVERY TIMES
2.1 – General
Delivery times are based on the information available to EUROTIP on the date of the order. EUROTIP is automatically released from any commitment relating to delivery times:
– in the event that the Buyer has not fulfilled its own commitments
– in the event of force majeure or unforeseeable circumstances – in the event of a shortage of raw materials
2.2 – Penalties
Under no circumstances shall a delay in delivery give rise to any compensation. No penalty shall be payable by EUROTIP for delays in delivery, unless such penalty has been formally accepted by EUROTIP in writing prior to the order. In any event, only delays attributable to EUROTIP may be included in the calculation of any such penalty. In particular, delays caused by the Purchaser or one of its agents, or by third parties, are excluded from any calculation of penalties for delay.
Article 3: PRICES
Prices are established net ex-works, excluding VAT, duties, taxes and any other charges, excluding transport and packaging costs, either in EUROS excluding taxes or in currency. In addition to the terms and conditions that may be provided for in the Special Conditions, they are subject to revision in the following cases: – sudden increase in raw material prices – exchange rate fluctuations The terms and conditions will be defined, where applicable, in the special conditions.
Article 4: TRANSPORT AND DELIVERY
All transport, insurance, customs, licensing, handling and delivery operations are at the expense and risk of the Purchaser, who is responsible for checking shipments on arrival and, where applicable, exercising their rights of recourse against the carriers. In the event of transport, the Purchaser or its representative is required to check the apparent condition of the packages, their number and the product references indicated on the boxes. It is required to make any reservations (including for delays) to the carrier at the time of delivery. These reservations shall be recorded on the delivery note and on the consignment note. In the event of reservations, the Purchaser must inform EUROTIP within 24 hours and must confirm its reservations to the carrier by registered letter with acknowledgement of receipt within three working days of the delivery date. Failure to do so will result in the Purchaser losing all rights to claim on the basis of the reservations and the consequences that may result for EUROTIP may be charged to the Purchaser. In the event of collection by the Purchaser or its representative from EUROTIP, the Purchaser is deemed to have checked, at the time of collection, the apparent condition of the packages, their number and the product references indicated on the boxes. Each delivery is accompanied by a delivery note detailing the products delivered. The Buyer must notify EUROTIP immediately of any discrepancies found. In the absence of any reservations, EUROTIP’s deliveries shall be deemed to have been made at the time of receipt, correctly and in accordance with the delivery note. Carriage paid deliveries may be provided for under the specific terms and conditions of each order.
Article 5: RETENTION OF TITLE AND PAYMENT
5.1 – Retention of title
The transfer of ownership of the item sold is subject to payment by the Purchaser of the price on the due date or dates. However, the risks are transferred upon delivery. By express agreement, EUROTIP’s sales contracts are always concluded under the resolutory condition of full payment by the Purchaser on the due date or dates set.
5.2 – Resale or use
The goods remain the property of the seller until full payment of their price. As a simple concession, EUROTIP hereby authorises the Buyer to resell the designated goods, provided that the Buyer pays the full outstanding price upon resale, the corresponding sums being hereby pledged to EUROTIP, with the Buyer becoming a simple custodian of the price.
5.3 – Terms of payment
Invoices are payable in cash, net and without discount in euros at the company’s registered office.
5.4 – Payment terms and late payments
If, for any reason whatsoever, the customer does not collect the materials and items within the specified period, the company is authorised to invoice and demand immediate payment. In the event that payments are not made on the dates agreed by the parties, EUROTIP reserves the right to take back the goods delivered and, if it sees fit, to terminate the contract. All costs associated with this return operation shall be borne by the Purchaser. Regardless of any previous agreements, any outstanding amounts shall become immediately payable if any payment is not made on the agreed date. Any late payment shall automatically and without formal notice oblige the customer to pay daily interest at a rate of 18% per annum. In addition, if payment is not made within 30 days of the due date, the amount due shall be increased, by way of fixed and irreducible damages for administrative costs, by an amount equivalent to 10% per annum of the outstanding amount. Finally, any delay in payment of more than 8 (eight) days after the due date shall entail, regardless of the method of payment provided for and without prior notice, the right to retain any deposits that have been paid, up to 40% of the sale price, as well as EUROTIP’s right to suspend the execution of other orders that may have been accepted, notwithstanding any damages.
Article 6: EUROTIP’S WARRANTIES & OBLIGATIONS
EUROTIP exclusively sells products intended to be installed by professional installers who must comply with the standards in force. Non-professional installers act under their own responsibility.
6.1 – Conditions for exercising the warranty.
Unless otherwise specified, EUROTIP products are guaranteed for 12 (twelve) months from the date of delivery, and only at the place of first installation. The warranty itself is limited to the replacement of products recognised as defective by EUROTIP’s technical department. Any warranty claim must be accompanied by the packaging of the defective product. In order to invoke the warranty, the Purchaser must notify EUROTIP in writing without delay of the defects it attributes to the product and provide all evidence of the reality of these defects. The Purchaser must give EUROTIP every opportunity to ascertain these defects and remedy them.
The following events, in particular, will void any warranty rights: improper use of the equipment, use of non-original spare parts, lack of or inadequate maintenance, installation by a non-professional installer. In the event that EUROTIP personnel are required to travel to the Purchaser’s site, all costs and time spent shall be borne by the Purchaser, unless EUROTIP is proven to be at fault. In all cases, it is the Purchaser’s responsibility to carry out routine maintenance and servicing. EUROTIP cannot be held liable for maintenance or servicing defects. In the event of delivery and assembly by EUROTIP, the customer is required, as soon as the products arrive on site, of which they will be notified by EUROTIP either verbally or in writing, to:
– to check their conformity;
– carry out or arrange for any inspection, verification or analysis to ensure that, despite the care taken in the manufacture and inspection of the products, they are not affected by any hidden defects;
– to attend, supervise or have supervised the assembly operations as they are carried out.
In the event of the discovery of a hidden defect or an assembly defect, the Purchaser is required to notify EUROTIP immediately by registered letter, specifying the defect or fault in question and providing any supporting documentation.
Such notification shall entitle EUROTIP to immediately suspend the assembly operations, the contractual deadline being automatically extended by a period equivalent to that of the suspension.
If, upon completion of the work, the Buyer has not made any reservations within (fifteen) days of the date of acceptance regarding the conformity of the product, any defects or poor workmanship, or the manner in which the assembly was carried out, the work shall be deemed to be in full conformity and accepted without reservation. If reservations have been made during the course of the work, EUROTIP shall invite the Purchaser, within 15 (fifteen) days of completion of the work, to proceed with the acceptance of the work that has been the subject of such reservations, the rest being considered as duly accepted. If the Purchaser fails to attend the acceptance operations without good reason, or if the works or parts of works for which reservations have been made have been put into service before acceptance, or if their examination is made impossible as a result of other works being carried out, acceptance shall be deemed to have taken place.
6.2 – Sale of standard catalogue products
For the purposes of this document, a standard catalogue product is defined as any product whose technical specifications are predefined as standard by EUROTIP, prior to the customer’s request. In this case, EUROTIP is only responsible for the conformity of its product with the specifications of its offers or technical documents available on request. Except in cases where it is clear from the contractual documents that EUROTIP has in-depth knowledge of how to use the products sold, the Purchaser is responsible for choosing the product and ensuring that the product purchased is suitable for the expected result.
6.3 – Sale of specific products
For the purposes of this document, a specific product is defined as any product whose technical specifications are defined specifically by EUROTIP in order to meet a specific request from the Purchaser. In this regard, it is the Purchaser’s responsibility to check and confirm that all relevant parameters have been taken into account with regard to the intended use of the product. In the absence of any comments or orders, the Buyer shall be deemed to have checked and validated these parameters, including their completeness. EUROTIP’s only obligations are those arising from the parameters that were accepted at the time of the order, based on the information brought to EUROTIP’s attention at that time. EUROTIP cannot be held liable for any unilateral changes made by the Buyer.

The Buyer is always responsible for choosing the product and ensuring that the product purchased is suitable for the expected result. It is the Buyer’s responsibility to carry out all trials and tests to validate this suitability. The Purchaser is responsible for ensuring that the product is used correctly in accordance with best practice and regulations. Unless proven otherwise, EUROTIP is never liable for the final result expected by the Purchaser, which only the Purchaser is fully aware of.