General sales condition
1. General points
1.1. Offers and Orders
The prices and information provided in our catalogues and in our price lists are for information purposes only; they are not binding in any way and are subject to variations or modifications. The devices mentioned may be modified or up-dated without prior notification. Unless stated otherwise, our offers are valid for one month from their indicated date. Acceptance of our offers implies adhesion to the present conditions; it being understood that exactly and solely the material specified in the offer will be supplied. Our acceptance of an order, and likewise the commitments made by our representatives, are only valid upon written confirmation from us in the form of an acknowledgement of receipt that sets out the price conditions and the deadline for the material to be supplied. Orders are valid for a 12 month period unless agreed otherwise in writing with FAS. Orders must be of a minimum value of 100CHF, 75Eur or $100 not including freight or packaging.
With the exclusion of all production drawings, if required and upon request for each order and for each type of device, we will supply one copy, in French, of the drawings and instructions needed to install, connect and operate the material. This additional delivery to the customer of any blueprints or any special or additional drawings will be invoiced.
1.3. Launch, Testing, Adjustment, Maintenance
Unless otherwise stated and duly indicated in our offers or acknowledgements of receipt, our prices only cover the supply of material; in particular, they do not include any intervention whatsoever on the installation site, such as, for example, assembly, launch, testing, adjustment or any connections. Should the client wish their staff to be assisted by our engineers or technicians, the client must request this specific service in writing and will be invoiced based on the labour union tariff agreement in force, with respect to the costs incurred by our engineers or technicians in terms of time, accommodation and travel.
2. Prices and shipping time
Unless stated otherwise, our prices are understood to mean:
- For delivery within Switzerland, excluding tax, material leaving Palézieux (VD): packaging shall be invoiced as extra and shall under no circumstances be accepted as a return to be reused.
- For delivery outside of Switzerland: tax exempted, for material ex works with standard packaging.
Our prices may be revised subject to the legislation in force at the time of invoicing and according to the revision formula defined in our receipt of order acknowledgements. Special packaging, insurance, customs, consular costs and so forth shall be borne exclusively by our customers. The instructions required to establish documents required for export must be given to us by the customer at the time of placing their order. Our invoices will not be made out for an amount less than 100CHF, 75Eur or $100.
The method of shipping shall be chosen by ourselves; said shipping shall be carried out at the risk of the addressee who must ensure that no damage or loss has been incurred before accepting delivery of the merchandise. In the event of an incident the addressee must notify the shipping company in writing by registered letter within a period of no more than 3 days.
2.3. Delivery date
Delivery dates are only indicatory but are observed whenever possible. Delivery dates are always indicated on our acknowledgements of receipt and are understood to mean the time of dispatch from our production unit. Any delays that may arise during manufacturing may not, under any circumstances, justify the cancellation of the order, the application of a penalty or the payment of any indemnity. Any modification to an order placed on hold whilst awaiting additional information may modify our delivery date without this binding us in any way.
3. Conditions of Payment
Our invoices are payable to our head office address. Guarantees may not be withheld on our invoices. With the exception of significant transactions, and subject to written consent, payments must be made either at the latest 30 days after the end of the month of delivery or in cash. Beyond this deadline, payment by way of bill of exchange will be enforced; the additional costs in this case shall be borne by the client. According to law, bills of exchange must be settled within a period of eight days. In specific cases, such as large orders, custom-made equipment, and so forth, an instalment of 30% of the order may be requested. The purchaser agrees not to use any claim against the vendor as a motive for deferring all or part of a payment on its due date or for otherwise claiming compensation. We reserve the right to invoice the actual value of individual deliveries separately, even if these are partial deliveries. Upon the non-settlement of a payment on its due date the outstanding amounts shall become due; in said cases of non-settlement we reserve the right to suspend the orders being processed. The specific payment conditions relevant to equipment destined for export may overrule the above clauses and may be specified in a mutual agreement.
4.1. Period of validity
Our equipment is guaranteed for 12 months as of the delivery or dispatch date.
Our guarantee is comprehensive and covers construction or material defects as well as the labour costs incurred in our production units. It is, however, limited to the replacement by our production units or workshops of those parts that we acknowledge to be defective and cannot give rise to any claim for damages or interest. The shipping costs for returning material shall in all cases be borne by our customers. Our guarantee does not cover either the replacement of the device or repairs necessary as a result of usual wear and tear, deterioration or accident caused by negligence, lack of surveillance or maintenance or the incorrect use of the devices.
4.3. Cancellation of Guarantee
Our guarantee shall no longer be valid in such cases where:
- the setting up and maintenance instructions have not been followed;
- the equipment is not used for the normal intended purpose stipulated in the instructions (e.g. excessive temperatures, aggressive environment, environment loaded with foreign bodies, mechanical constraints to the piping in the body of the valve) or incorrect installation (incomplete or defective, incorrect assembly of the circuit(s));
- the mains power supply is not compatible with power requirements of the device;
- the fault or breakdown results from external atmospheric or electrical causes such as lightning strikes, drops or surges in electrical power supply or faulty earthing;
- the equipment has been modified or maintained by someone that we have not certified;
- the necessary precautions regarding the storage of the equipment prior to its installation have not been observed.
Non-standard devices and coils are under no circumstances accepted as returns to be reused or exchanged. Subject to a minimum invoice reduction of 30% from which possible reconditioning costs will be deducted, standard devices that have not been fitted or used may be accepted as returns or exchanged within a period of 6 months from the date of delivery. All return costs shall be borne by the client.
Any matters of controversy of whatever nature or reason regarding our sales shall be settled subject to the jurisdiction in the Canton of Geneva.
6. Retention of ownership clause
Products sold by our company shall remain our property until payment has been made in full. Bills of exchange or other deeds implying an obligation of payment do not constitute payment.