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Mechanical components by mail order

Mechanical components by mail order

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Engrenages HPC
58, chemin de la Bruyère
69570 DARDILLY
LYON - FRANCE

Tel. : +33 (0) 437 496 496
Fax : +33 (0) 437 490 055

General terms and conditions of sale

  1. Application and opposability of general terms and conditions of sale
  2. Orders
  3. Order modifications
  4. Prices
  5. Delivery methods and dispatch times
    1. Dispatch times
    2. Delivery
    3. Reception
  6. Methods of payment
  7. Late or defaulted payments
  8. Guarantee
  9. Returns
  10. Retention of ownership
  11. Applicable law - Court of jurisdiction

1- Application and opposability of general terms and conditions of sale

The following terms and conditions of sale are made systematically available or sent to every buyer to allow them to place an order. Consequently, placing an order with HPC implies complete and unreserved agreement of said buyer to these general terms and conditions of sale, to the exclusion of any other documents such as catalogues produced by the seller, which are provided for information only and are merely intended as an indication, and despite any other information marked on client receipts, in the general terms and conditions of purchase, or in any other document in the client's possession. Any condition, other than those relative to the specifications of custom-made parts, imposed by the buyer will therefore by default be unopposably accepted by the seller, no matter when they may be brought to his attention.

 

Only specifications of custom-made parts can complete these general terms and conditions.

 

The fact that the seller does not take advantage of any of the following clauses cannot be interpreted as meaning that they may not do so at a later date.

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2, Orders

Orders must be placed in writing by the client to HPC. Any order by telephone must be confirmed in writing by the client within 24 hours after their call. Otherwise, the order will not be taken into consideration. Orders only become definitive and the sales contract only becomes effective when they are accepted by HPC, the acceptance of HPC taking the shape of an order confirmation sent to the client or the delivery of the products ordered.

 

In case of any modification HPC may bring to bear on the client’s order, mentioned in the order confirmation letter addressed to the client, the latter is assumed to have accepted the modification unless stated in writing within 24 hours.

 

No order with a value of less than 20 euros (without tax) will be accepted, included orders over the counter.

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3- Order modifications

Any order modification requested by the buyer cannot be taken into consideration unless it is recieved in writing before the products are sent (standard products) or production is started (custom-made products), and it has been expressly accepted by HPC by fax addressed to the client within 24 hours of the request. If one of these conditions is not fulfilled, the products initially ordered will be sent as originally intended and should be paid for.

 

However, in the case of a standard parts order placed by a non-professional buyer, they may exercise their right to retraction and cancel the order within 7 days after reception of merchandise. Return postage costs are to be paid by the buyer.

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4- Prices

All prices mentioned in our catalogue are quoted without tax, to which the current rate of VAT, delivery charges, packaging charges as marked in the catalogue, and insurance to which the client wishes to subscribe should be added. The different packaging options are noted in our catalogue and are selected by our company for each delivery unless the client makes a specific request.

 

Unless stated to the contrary, products are sold at the price applicable the day the order is placed. Prices quoted in the catalogue are those applicable on the date of publication marked on the cover of said catalogue. HPC reserves the right to modify these prices at any time.

 

By derogation, for individuals buying by correspondance, prices are guaranteed from the aforementioned date of publication.

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5- Delivery methods and dispatch times

A- Dispatch times

Items in stock on the date the order is accepted can be prepared or sent within a maximum of 72 hours. For catalogue items not in stock on the date the order is accepted or special items, the estimated dispatch time is sent to the client at the same time as the order is accepted.

 

Dispatch times are given as estimates only and can by no means be used to claim for damages, delay charges, or interest, nor can they be cause for reservation or cancellation of current orders, whatever the causes, length, or consequences of the delay may be.

 

HPC is released from its obligation to deliver in the case of an incontrollable factor such as, but not limited to; war, rioting, fire, strikes, natural disaster, and lack of supply.

 

B- Delivery

Unless stated otherwise, delivery is carried out by the direct supply of products to the client, on the HPC premises in Dardilly 69570 (France) or by a transporter selected by either HPC or the client.

 

Products are sold from Dardilly 69570 France (HPC premises) and travel at the risk of the client, HPC retention of ownership clause stipulated below notwithstanding.

 

Unless otherwise provided for, transport is carried out at the client’s cost by the transporter selected by HPC or the client.

 

It is the client’s responsability to contact the transporter in writing with a request for receipt of reception or by extra-judiciary deed in case of loss or damage occurred during transport within 3 days after reception of products (article L133-3 of the Commercial Code)

 

HPC reserves the right to dispatch goods in partial deliveries.

 

C- Reception

Excepting damages claims to be made to the transporter, complaints regarding non-conformity between products delivered and products ordered or products marked on the delivery slip should be sent in writing within 30 days after reception of said products.

 

It is the buyer’s responsability to provide justification of these problems or anomalies. He must aid the seller by every means possible to evaluate these problems and remedy them. He will not however intervene himself in this process or cause a third-party to intervene for him.

 

Concerning the guarantee, the only obligation incumbent upon the seller is the free replacement or repair of the product or component recognised as defective by their services. Any product for which the buyer wishes to benefit from the guarantee must be submitted to the seller’s customer service department whose agreement is essential for any replacement. Postage costs are to be paid by the buyer if the guarantee is not applicable.

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6- Methods of payment

Our bills, sent with the ordered items are payable :

  • To the sales official at the counter
  • At the end of the month, billing date for other sales
  • In Euros, by cheque, credit card, bank transfer, or commercial paper, unless the choice of one of these methods of payment changes the date of payability.

No discounts are made for advance payments.

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7- Late or defaulted payments

In the absence of a payment made in the period quoted above, and after reception of a formal notice of an unsuccessful payment within 8 days, the client will have to pay charges equivalent to an interest rate of one and a half times the legal interest rate on the sum owed as well as the final collection charges. These claims do not exempt the client from paying each bill the date they are due. Defaulted payments in whole or in part by the due date will lead to the immediate requirement by the client to pay all sums still owed to HPC, even if they are not yet due and whatever the intended method of payment might be.

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8- Guarantee

HPC guarantees the client against defaults or problems hidden in products sold under the conditions stipulated in article 1641 of the Civil Code.

 

Concerning custom-made items, HPC is commited to producing items conforming to the specifications supplied by the client, but in no way guarantees their functionability, of which only the client can be sure. The client is in fact the only person responsable for the informations transmitted to HPC.

 

For standard products, HPC guarantees their conformity to the specifications quoted in the catalogue. The activation of responsability and/or the implementation of the guarantee owed by HPC cannot take place more than 30 days after reception of the goods by the customer. The guarantee cannot be used to claim more than the price of the order concerned. In no way can damage caused by a product marketed by HPC be a reason to claim for damages.

 

In the event that a custom-made product should infringe the rights of a third party, the customer commits himself to refunding all the costs (procedure, claims, damages, lawyers’ expenses, other advisors...) which could result for HPC and actively cooperate at his own expense in the defence of the latter.

 

No guarantee will be honoured for products that have been modified or intervened with without prior written agreement from HPC or if these products have been used in abnormal ways or conditions, taking into account their characteristics and applicable uses and standards (in particular in the event of their use or installation in aerial or rocket engines, for which the products are completely unsuited).

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9- Returns

Every returned product must be the subject of a formal agreement between the seller and the purchaser exchanged by fax or by mail. Any product returned without this agreement will be held at the disposal of the purchaser and will not incur any duty on behalf of the establishment to provide a refund. This agreement is not however necessary when a non-professional buyer exercises his right to retraction as provided for by law.

 

In any event, no return dispatched more than 30 days after reception of the product will be accepted. Expenses and risks of return are always the responsability of the purchaser. Any return must be addressed to our registered office. The choice of transporter remains ours.

 

Every return accepted by the seller will entail the right to a reimbursal on the behalf of the purchaser, valid for a duration of six months from its return, after qualitative and quantitative verification of returned products. However, the right of a non-professional buyer to return goods for a refund remains unchanged, so long as the products are safely returned to HPC.

 

In the case of an obvious problem or the delivery of the wrong product, duly noted by the seller, the buyer can nevertheless recieve a free replacement, or a refund of products chosen by the seller, without incurring any fine or damages.

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10- Retention of ownership

The transferral of property of any standard or custom-made part is subject to the full payment of the price plus any accessories, specifying that the payment is understood to take to place the day HPC effectively banks the sum.

 

The provisions above do not prevent the responsibility for risks being that of the client (in particular risk of loss, deterioration, and damage caused by the parts) once the parts have been dispatched or delivered by HPC.

 

When the customer supplies a plan in order to get a part manufactured, the customer remains the owner of said plan, provides his dispatch charge, and accepts the risks related to its transport, its possible adaptation and transformation by HPC, and the damage it might cause.

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11- Applicable law - Court of jurisdiction

Sales concluded with HPC are controlled by French law.

 

Any dispute which may arise between the two parties relating to the interpretation and/or execution and/or termination of the contract will be brought before tribunals of the jurisdiction where the registered office of HPC is located, even in the event of an introduction of third parties or multiple defendants.

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