GENERAL CONDITIONS

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GENERAL SALES CONDITIONS

An order entails the buyer’s ipso jure and unconditional acceptance of all conditions specified in this document and such party’s waiver of any stipulation in its own conditions which does not comply with our clauses.

1)PRICES. Prices are understood as excluding taxes, departure from our workshops, equipment packed, as specified on our price list at the time of delivery. They may be modified according to economic conditions even when an acknowledgement of receipt has been drawn up. For low value orders, the minimum invoicing amount specified on the current price list shall be applied.

 2)DEADLINES. Our deadlines are provided for information purposes only, they shall not commit us or give rise to cancellation or penalties and are understood as “Ex-works”. We do not accept any late delivery penalty for any reason whatsoever which is beyond our control. Orders placed by telephone will only be taken into account once confirmation is received using a normal order form.

 3)DELIVERIES. Deliveries are made using the means we decide are the best adapted. If a carriage method is specified on the order, possible additional costs shall be paid by the consignee. In all events, sold equipment travels at the consignee’s risk who will be responsible for any reservations or filing any claims with the carrier.

 4)PAYMENT. Unless specifically agreed with the buyer, our invoices shall be paid within 60 days net, without discount, by accepted bill to be returned within 8 days. In all events, invoices for small amounts (contact us) shall be paid net, cash on delivery or at pick-up, or by cheque enclosed with the order. We do not grant any discount for payments whatever the initially specified payment method; we reserve the right to dispatch solely cash on delivery.

 5) WARRANTY. Sold equipment is guaranteed against any manufacturing defect during one year starting on the delivery date from our workshops, insofar as normal conditions of use have been complied with. This warranty excludes any deterioration due to incorrect use. The warranty is restricted to repairing, in our plants, sold equipment that is acknowledged as defective by our technical department.

 6)LIABILITY RESTRICTION. In all events, Hydreka’s liability as regards the customer shall be restricted to replacing, or if this is impossible, refunding amounts collected further to the relevant sale or rental. Hydreka refuses any liability other than as specified here above relating to the consequences of late delivery or equipment dysfunction.

 7)CHARACTERISTICS. Our products’ characteristics, as indicated in our technical data sheets in particular, are provided for information purposes only; they may be modified without notice either due to reasons beyond our control, or to take account of subsequently finalised improvements.

8) RETURNS. No returns of sold equipment shall be accepted without our prior agreement and, in all cases, we will refuse any ‘carriage forward’returns. If a return is agreed to, we may apply loss of value for product control and return to stock costs.

9) CODE OF GOOD CONDUCT. As the Company Hydreka is part of the Halma Group, this agreement is enter into in compliance with the Group’s code of good conduct, accessible on the www.halma.com website.

TITLE OF OWNERSHIP

We expressly reserve ownership of sold goods until full payment of the price thereof including interest. If the buyer defaults payment on a single due date, and fifteen days subsequently to serving notice to perform to no avail by registered letter with acknowledgement of receipt, this agreement shall be ipso jure terminated. Sold or rented goods should then be returned to Hydreka, either amicably or, failing which, further to application to and order from the President of the Commercial Court.

In the event of judicial administration or liquidation of assets, such goods may be claimed within 4 months as of publication of the decision which opens the procedure, in application of the law.

The goods shall remain Hydreka’s property and the buyer shall not be entitled to resell them without Hydreka’s agreement. As of delivery, the buyer holds liability for any damages suffered by the sold goods.

In compliance with Article 800 of the French Commercial Code, the buyer also holds liability in the event of total or partial loss for any reason whatsoever. The latter will henceforth contract an insurance policy covering loss, theft or destruction with a solvent company.

DISPUTES.

In the event of a dispute relating to a supply or the payment thereof, the Commercial Court where Hydreka’s registered office is located shall alone hold power of jurisdiction, whatever the sales conditions or accepted payment method. These General Conditions and all specified operations are governed by French law.

 

 

GENERAL RENTAL CONDITIONS

Article 1: Validity and purpose

 

The purpose of this document is the rental of measuring chains and accessories; they are described in each rental offer.

 

 

The customer’s possible General Conditions, which are incompatible with these Conditions, are not binding on HYDREKA even it has not expressly objected thereto.

 

 

The agreement is irrevocably entered into and accepted subsequently to return of the quote approved by the customer or the issue of an order which refers to HYDREKA’s offer.Special Conditions, explicitly specified in a HYDREKA offer, take precedence over the conditions of this document.

 

 

The customer undertakes to comply with best trade practices and common sense when using and preserving the rented equipment.The customer shall also ensure that personnel allocated to operating such equipment have the required professional skills to use it safely.

 

 

Article 2 – Order cancellation

 

If an order is cancelled and such cancellation takes place subsequently to pick-up by the carrier or customer within a maximum of 2 days, participation in costs incurred and operating losses will be 20% of the agreement amount.For a cancellation which takes place less than 5 business days prior to the scheduled pick-up date, the said participation shall be 10% of the agreement amount.

 

Participation shall not exceed EUR 500 excluding taxes and carriage costs.

 

 

Article 3: Equipment consignment

 

3.1 Carriage ensured by HYDREKA:

 

HYDREKA takes charge of organising the equipment’s transport to the delivery location specified by the customer.Unless specifically indicated by the customer, HYDREKA selects the carriage method according to the customer’sdeadline and the equipment’s availability.The start date of the equipment’s availability is the date of the first presentation thereof to the customer, or the date for starting rental stipulated on the order, insofar as such date is later than the equipment presentation date.

 

As HYDREKA does not fully control subcontracted carriage, it shall not be held liable for any delay resulting from default by the carrier in charge of the consignment.

 

 

3.2 Carriage ensured by the hirer:

 

If the customer wishes to use a carriage method which differs from the one recommended by HYDREKA or simply to take charge of the rented equipment’s transport, the enforcement date of equipment availability is its pick-up date from HYDREKA’s premises, plus one day.

 

 

Article 4: Hirer’s reception of the equipment

The hirer is responsible for verifying that equipment delivered by the carrier is in good condition.The customer undertakes to inform the carrier on the reception date,and HYDREKA within 48 hours, of any damage which may have occurred during transport.On expiry of the said deadline, the received equipment shall be considered as operational and quantities stipulated on the delivery slip as having been effectively received.

 

 

Article 5: Equipment return

 

5.1 In all events, the hirer will re-use the packaging supplied by HYDREKA.The hirer will suitably package the equipment entrusted thereto in order to avoid any deterioration during carriage.

 

For the safety of any person who handles or uses the rented equipment, the hirer shall ensure that returned articles are cleaned and free of all biological, chemical or ionising pollution.The hirer’s liability is committed on this point.

 

5.2 Equipment return ensured by the hirer:

 

The hirer can take charge of returning the equipment using the carriage method the latter considers the best adapted.The rental expiry date shall be recorded on reception of the equipment at HYDREKA’s premises, minus one day.

 

5.2 Equipment return organised by HYDREKA:

 

Solely on request, HYDREKA can organise the equipment’s pick-up by its usual carrier.The corresponding pick-up costs shall be invoiced to the customer.The rental expiry date shall be recorded on the actual pick-up date of the equipment on-site, by the carrier sent by HYDREKA.

 

 

Article 6 – Rentalenforcement date

 

Rentalstarts:

 

A – When carriage is organised by HYDREKA: once the equipment is available for the hirer, recorded by remittal of the delivery slip to the customer if carriage is ensured by HYDREKA, or using the delivery date stipulated on the customer’s order, if this is after the delivery.

 

B – When carriage is selected or organised by the customer: on the equipment's pick-up date from HYDREKA’s premises, plus one day.

 

 

Article 7 – Rental expiry date

 

The rental expiry date shall be recorded:

 

A - For a return organised by HYDREKA: on the equipment pick-up date or the agreed pick-up date in the event of a delay due to the carrier sent by HYDREKA.

B - For a return organised by the customer: on the equipment’s reception date at HYDREKA’s premises, minus one day

 

Article 8: Rental term

 

The rental term is calculated in view of the start and end dates of such rental as specified in Articles 6 and 7.

 

The rental term is fixed in rental offers and may be extended by the hirer if the latter so requests, specifying the duration of such extension and subsequently to HYDREKA’s written agreement.HYDREKA reserves the right of requesting that the equipment is returned on expiry of the rental deadline stipulated in the relevant order.

 

Implementation terms for rental extensions are specified in Article 10.

 

For incomplete chains, the rental term of each chain shall be calculated according to the return date of the last element of such chain, except for written agreement from HYDREKA’s rental department.

 

 

Article 9: Rental period reduction

 

Rental term reduction for any reason whatsoever shall be the subject matter of a price review, calculated in view of the currently prevailing price and the actual duration of the rental.No credit note for less than EUR 50 shall be issued on such grounds.

 

 

Article 10: Extension of the initial rental period

 

As specified in Article 8, rental extensions shall be requested in writing and HYDREKA shall issue a written proposal.

 

 

If equipment is returned late, rental extensions shall be calculated according to the initial offer, unless otherwise stipulated in the Special Conditions to this document, or directly on the rental offer.Such extensions shall be automatically invoiced when the equipment is received at HYDREKA’s premises, or every three months for periods that exceed three months.

 

 

In all events HYDREKA reserves the right of requesting that the equipment is returned when the customer's holding term exceeds the contractual timeframe stipulated on orders.

 

 

Article 11: Rented equipment’s dysfunction

 

If the rented equipment breaks down, HYDREKA will ensure its replacement as soon as possible, to the best of its possibilities and according to available stocks.Carriage costs resulting from such replacement shall be paid for by HYDREKA.

 

In all events HYDREKA's liability as regards the customer shall be restricted to replacement, or if replacement proves to be impossible, to refunding amounts collected for the rental of the defective equipment.HYDREKA declines any liability other than specified herein as regards the consequences of equipment dysfunction.

 

 The customer is responsible for returning the defective equipment within one week.In the opposite case, the equipment shall be considered as operational and will be invoiced at the rate of the relevant order.

 

Article 12 – Partial return of equipment

 

For any partial returns of equipment, the customer will receive the list of missing equipment by fax.If no reply or request for extension is received within 30 days, unreturned equipment shall be invoiced at the catalogue price reduced by its aggregate accounting depreciation rate.

 

Accessories such as batteries, chargers, supports, cases, trunks etc… shall be invoiced at the catalogue price if not returned.

 

 

Article 13 - Invoicing

 

The invoice for renting equipment is issued on the equipment’s consignment date.Payment deadlines take this early invoicing date into account.When the due date exceptionally occurs before expiry of the rental period, it will be deferred further to joint agreement between the hirer and HYDREKA.

 

Any payment default is deemed as agreement termination and, for HYDREKA, opens the right to request the rented equipment’s return or immediate payment of amounts owed.

 

 

Article 14: Insurance

 

14.1: Participation in insurance which covers the equipment’s return transport and accidental deterioration, EXCLUDING THEFT AND VANDALISM, comes in addition to the rental amount, at the rate stipulated on each order.

 

Insurance for accidental deterioration is only applicable insofar as the equipment is returned to HYDREKA’s premises.

 

The hirer is responsible for risks that are not covered by HYDREKA under such insurance.HYDREKA reserves the right of requesting that the hirer produces documents evidencing that the rented equipment is insured for the replacement value thereof.

 

 

14.2: The customer undertakes to insure the equipment supplied thereto during the rental term.A certificate shall be supplied prior to delivery of the rented equipment.

 

 

Article 15: Disputes

 

15.1: IF A DISPUTE ARISES RELATING TO A SUPPLY OR THE PAYMENT THEREOF ONLY THE COMMERCIAL COURT WHERE HYDREKA’S REGISTERED OFFICE IS LOCATED SHALL HOLD POWER OF JURISDICTION WHATEVER THE SALES CONDITIONS OR ACCEPTED PAYMENT METHOD.

 

15.2 Applicable law: these General Conditions and all operations specified herein are governed by French law.

 

Article 16: Code of good conduct

 

As the Company Hydreka is part of the Halma Group, this agreement is entered into in compliance with the Group’s code of good conduct, accessible on the www.halma.com website.