Terms and Conditions
These standard terms and conditions supersede all previous terms and conditions and are applicable only to purchases of goods on the COTUPLAS website.
They set out the rules applicable between COTUPLAS and our customer and are an essential condition of COTUPLAS entering into a formal and binding contract. The customer expressly accepts them, failing any exceptional terms set out in the particular terms and conditions.
The customer’s standard terms and conditions are only applicable to COTUPLAS if the customer made them an essential condition of the contract prior to its formation. Any subsequent reliance on such conditions by the customer would be rejected. Only those clauses of the customer’s standard terms and conditions accepted by COTUPLAS will be valid. Acceptance of such clauses must be established in writing prior to the formation of the contract.
2. PRICES – COSTS – TAXES
Prices: all our prices are indicated in Euros, net, excluding tax, subject to change , ex works, packaging not included.
Invoicing: goods are invoiced at the current price on the date of the order – no administrative charges. The minimum order amount is €80 excluding tax.
Quotations: unless otherwise stated and unless there are currency fluctuations or changes in the prices of raw materials, our quotations are valid for 30 days from the date issued.
Postage and packaging: These costs are calculated automatically on the website based on the goods purchased and the delivery address.
Incoterms: Unless negotiated and agreed otherwise with COTUPLAS, the Incoterm 2010® applicable is FCA. Import charges for delivery to a non-EU country are paid by the customer and settled with the carrier.
Taxes: any changes in taxes are immediately applicable and immediately passed on in all our prices, including on current orders , from the date such changes are applied.
Imported products: for imported products, we reserve the right to amend our prices after the order has been processed, given any currency fluctuations, in accordance with the applicable regulations.
3. DOCUMENTATION, ILLUSTRATIONS
Illustrations included in our catalogue, documentation and generally all commercial documents are provided for information only. The products described are subject to change without notice. This includes their shape, colour or technical features in general.
All technical documentation, diagrams, quotations and test or experiment results are owned by COTUPLAS and cannot under any circumstances be disclosed to third parties.
4. USE OF PRODUCTS
Users are solely responsible for the use and handling of and experiments carried out with the devices, products or accessories sold. Users are required to take all necessary measures to ensure that the products are used in accordance with safety standards, legal requirements, health and safety legislation, rules relating to the prevention of accidents and, in general, all stipulations relating to the safety and security of employees and installations.
All the technical documents provided on the sale of the product must be read prior to using the device.
5. PLANS, DESIGNLS & TECHNICAL DOCUMENTS
Plans, designs, digital material, documents and all technical information accessed by or disclosed or sent to the customer prior to or after entering into the contract of sale are owned exclusively by COTUPLAS. Such materials cannot be used by the customer, or copied, reproduced, transmitted or disclosed to third parties without the written consent of COTUPLAS.
To order a product on the website, the customer must first of all complete a customer account registration form. When all of the customer’s information has been obtained and recorded, the customer can order products via the website.
The order is confirmed on receipt of the payment in full of the amount due (goods, postage and packaging) by the customer. The customer is notified by an order confirmation.
If the customer has not transferred the amount indicated in the proforma invoice 2 weeks after receipt thereof, COTUPLAS can cancel the order unilaterally.
7. DELIVERY OBLIGATION
In the event of force majeure, considered to include strikes, fires, floods, earthquakes, breakdowns of machinery, wars or any other accident preventing manufacture or delivery, affecting our company or our suppliers or carriers, we would be released from our delivery obligation.
Shipping: unless indicated otherwise on the order and duly accepted by us, we reserve the right to choose the shipping method and the carrier.
Liabilities: in accordance with the commercial code, goods are shipped at the recipient’s risk regardless of the method used. Therefore, it is the customer’s responsibility to notify the final carrier if a package is incomplete or in a bad condition; we cannot be held liable for any damage relating to shipping.
Claims: in the event of damaged, missing or broken products, and even if the package shows no external signs of damage, the recipient is required to send a claim by registered letter with return receipt to the final carrier and inform us within a maximum of 7 days from the date of arrival of the goods. This registered letter must include the references of the invoice and/or the delivery note, the serial number of the equipment or the batch number of the product(s).
Terms of delivery: all deliveries are ground floor, packaged goods.
Part deliveries: part deliveries can be made when not otherwise indicated on the order.
9. MISSING ITEMS ON UNPACKING
Responsibility for unpacking: the recipient is responsible for opening the packages and checking all the contents. The recipient must check that all the products delivered have been removed from the packaging before disposing of it. If there are missing products or the wrong products have been delivered, packaging must not be disposed of without our written consent.
Claims: the recipient is required to send us a claim immediately by fax, with confirmation by registered letter within a maximum of 7 days from the date of receipt of the goods, the date used being the date indicated on the carrier’s delivery note; no claims will be accepted after this 7-day period, This registered letter must include the references of the invoice and/or the delivery note, the serial number of the equipment or the batch number of the product(s).
10. UNPACKING-INSTALLATION-FEATURES OF GOODS
All deliveries are ground floor, packaged goods.
If the dimensions and weight parameters are important factors regarding installation and carrying the products upstairs, through doors or along corridors, etc, the customer is required to check these details and ask us for written confirmation of these features in accordance with the latest manufacturer information in our possession. The customer is exclusively responsible for unpacking, installing and setting up the equipment at the final place of use . The customer is responsible for ensuring that all connections (power supply etc) comply with the technical specifications and applicable safety standards. Installation and implementation costs are not included in our quotations. If assistance with installation and implementation is required, such services will be detailed in a specific quotation requested from COTUPLAS.
11. DELIVERY DATES
The dates indicated when placing an order are based on the actual stocks held by COTUPLAS.
These dates will be confirmed after the order has been confirmed, in other words after payment in full of the goods ordered, including packaging and shipping costs.
Nevertheless, such delivery date confirmations are only given as a guide and are subject to change; no default penalties can be applied.
The total the price of the order, including the price of the goods and packaging and shipping costs, must be paid in full on receipt of the proforma.
13. RETURNS OF NEW GOODS
The purchase order is binding on the customer Returns of new goods delivered as ordered are not automatically accepted. Any exception to this rule must be agreed by us in writing, detailing the terms of return. We reserve the right to re-ship any goods returned without said agreement, with carriage due. If we accept the return of the goods, and unless we indicate otherwise in writing, all the return costs are paid by the customer including the shipping costs; in addition, we reserve the right to invoice a sum of 15% of the initial price invoiced, with a minimum of €300, to cover the costs of technical inspections and returning the products to stock, in addition to any repair costs.
Length of warranty: absent the exceptions mentioned below and unless indicated otherwise on our quotations, new appliances and equipment are covered by a 1-year warranty from the delivery date of the goods.
Scope of warranty: the warranty applies exclusively in the event of defective products due to a design fault or hidden defect.
Exclusion: the warranty is not applicable in the event of abnormal use or use not in accordance with the instruction manual; in the event of damage during shipping; in the event of use with the incorrect mains voltage; in the event of a mains voltage surge exceeding the limits indicated in the technical features or failing this 10% above or below the nominal value; in the event of flooding, freezing, overheating, condensation or accidental immersion; and in the event of manufacturer insolvency.
Subject of warranty: the warranty is strictly limited to the free delivery of spare parts or repair in our workshops or the replacement of the item; in the event of repair in our workshops, the warranty, if it applies, covers the replaced components and the repair labour costs; equipment sent to our workshops for repair must be sent in the original packaging.
The customer shall send defective components to COTUPLAS for counter-analysis.
If COTUPLAS considers that the defective components are not covered by the warranty (exclusions), the customer will be invoiced accordingly. Similarly, if the customer does not send the defective components for counter-analysis, the customer will be invoiced accordingly.
Shipping costs: all shipping costs for returns under warranty are paid by the customer.
On-site repairs: repairs under warranty can be carried out in the user’s premises at the customer’s request; in this case, the travel and accommodation costs are paid by the customer.
Compensation: any compensation for any reason whatsoever is formally excluded.
No warranty: consumables and wear parts are not covered by the warranty.
15. REPAIRS AND MAINTENANCE OUTSIDE WARRANTY
Integrated after-sales service: our company offers you an integrated After-sales Service; this service is carried out on the site, or in our workshops , and includes the repair and/or maintenance of any equipment sold by us depending on the availability of parts.
After-sales Service quotation: this service is provided subject to quotation and receipt of a duly issued purchase order accepted by us – charges: there is no charge for preparing the quotation if an order is placed on the basis of said quotation; if the quotation is not accepted, a fixed charge is invoiced to cover the costs of disassembling and returning the goods, for up to 2 hours labour at the rate applicable on the date the quotation is prepared.
Warranty on repairs: repairs are covered by a 3-month warranty for replaced spare parts only; unless indicated otherwise on the quotation, the labour, travel and shipping costs are excluded from the warranty for repairs. Reserves: we reserve the right to refuse the repair of equipment we consider too old.
Customer undertaking: the customer undertakes to return clean, disinfected, non-toxic and non-radiating equipment. The sender is formally liable for the condition of the equipment sent to us.
16. RETENTION OF TITLE
The risks of goods delivered pass to the buyer from the date of delivery and the buyer undertakes to arrange adequate cover for such goods. The buyer undertakes to pay for the goods in full in the event of accidental or non-accidental loss. If it is impossible to identify the goods delivered, any other goods with details identical to the details of the goods delivered would be deemed the property of the seller. Without prejudice to any action for damages , the seller might cancel the sale and take back all the above-mentioned goods if any invoice is unpaid on its due date or if there is an obvious deterioration in the buyer’s creditworthiness. The foregoing clause will be also be applicable vis-a-vis any third parties wanting to attach the goods or equipment delivered by the seller. If the buyer goes into liquidation, goes bankrupt or finds itself in any other position where it cannot pay for the goods delivered by the seller, or all or part of the goods have been sold by the buyer to a secondary buyer who has not paid the sale price to the buyer, the buyer undertakes to immediately give the seller all the information it might need to claim the sum due from the secondary buyer under the applicable legal conditions.
17. LIMITATION OF LIABILITY
All instances of breach of contract and their legal consequences are dealt with in full in these terms and conditions. All claims for compensation, price reductions, cancellation or termination of the contract which are not expressly permitted by the contract are excluded.
Under no circumstances can the customer claim compensation for damages not related to the actual item being delivered, such as loss of production, loss of business, loss of income and any other direct or indirect damages, even in the event of tortious intent or serious negligence by third parties.
The customer is responsible for arranging and paying for the collection and elimination of waste electrical and electronic equipment (WEEE) under the conditions stipulated in articles R543-198 and R543-200 of the French environment code. When expressly agreed in the contract of sale, the seller can be given responsibility for arranging for the collection and treatment of WEEE put on the market after 13 August 2005 in accordance with article R543-195 of the environment code. In this case, at the end of life of its equipment, the customer undertakes to decontaminate it, notify the seller accordingly and take it along with the certificate of non-contamination to the collection point indicated. The costs of collection and treatment will be paid by the customer. If the customer is a retailer, it shall inform its customer of the obligations set out in the Environment Code. If it fails to do so, the costs for the collection and treatment of waste electrical and electronic equipment will be paid by the retailer.
19. RIGHTS OF RECOURSE
When an act or omission on the part of the customer or its employees or agents results in personal injury or damage to property and the liability of COTUPLAS is sought on this basis, COTUPLAS has rights of recourse against the customer.
20. JURISDICTION AND GOVERNING LAW
Sales by COTUPLAS are governed by French law.
The Court of Châlons en Champagne (France) shall have exclusive jurisdiction for any dispute of any kind relating to the formation and performance of the contract which cannot be resolved amicably or through arbitration. French law is exclusively applicable even in the event of multiple defendants or proceedings against guarantor.