2022 Repair: general conditions
Applicable excluding all general purchasing conditions in the relations between the customer, or his agents, and CHRONO Flex, or their agents, except for special conditions undersigned by the parties.
ARTICLE 1 – QUOTE
The quotes undersigned by the customer constitute a firm agreement on the price of spare parts, supplies and labour, and are subject to a variation of more or less ten percent, according to the changes in quantities, for the programmed service. This agreement is valid for fifteen days. The cleaning, disassembly, and reassembly costs, during the preparation of quotes and for the quote itself, as well as those of a possible guarding
service, are chargeable and payable in cash when the client does not follow-up on the aforementioned quote.
ARTICLE 2 – TIME FRAMES
The time frames are only provided for information purposes. Any delay shall not result in any damage or interest.
ARTICLE 3 – OPERATING CONDITIONS
In order to complete the operation successfully, the owner of the equipment, or his representative, must supply all the material means necessary for the correct execution of the work to the service provider, according to current safety rules which are necessary to protect people and property.
He must comply with the specific health and safety requirements applicable to works carried out in an establishment by an external company (R 4512-6 and subsequent of the Labour Law), by providing the safety indications needed for the performance of the service with a prevention plan, or by giving the necessary indications for the safety diagnosis, filled in by computer, to CHRONO Flex’s technician.
ARTICLE 4 – RATES
Work requests are received by phone at 0 826 10 5000, or via mobile phone with the CHRONO Flex application, and are invoiced according to the current CHRONO Flex rates on the day of the intervention, except for specific conditions validated by CHRONO Flex with the customer.
The registered data, that was established at the time of the request, is accepted as proof between the parties.
Rates and establishment bases are available at www.chronoflex.fr, as well as commercial offers communicated via brochures, catalogs, etc. can be modified without prior notice.
ARTICLE 5 – WORK ACCEPTANCE
The customer’s site representative signs the delivery note presented by the CHRONO Flex technician on a computer or, if not, on paper, if he is present, with or without observations. This allows him to read the content of the service that will be invoiced.
Except for the option of a customer paying for waste treatment, the repairer will not recuperate the used parts.
Repairs are guaranteed for 1 year for complete replacements, excluding all wearing parts. In the event of any failure appearing during this period following the execution of the works, the owner of the material must inform the repairer by mail, with a return receipt within 48 hours, in order to enable him to carry out all the useful observations.
The responsibility of CHRONO Flex cannot be called upon when the repaired material is disassembled in the absence of a representative, or when an unspecified third party carries out a repair after the litigious repair, or when the user does not comply with the manufacturer’s operating instructions.
The warranty is limited to the replacement of flawed equipment during the commissioning. CHRONO Flex will not be held responsible for any wrong choice, incorrect use or normal wear. In the event of proven responsibility for the damage of the material entrusted to the repairer, the latter’s responsibility is limited to the repair of the aforesaid material or its replacement.
CHRONO Flex declines any responsibility for indirect or immaterial damages such as loss of business, and/or earnings.
ARTICLE 6 – RETENTION OF TITLE CLAUSE
The spare parts incorporated in the material that has been repaired will remain property of CHRONO Flex until the payment is complete. The client supports the risks of the materials from the achievement of the service and assumes the responsibility for it as if he were the owner: he shall remain liable to pay for these parts, even in the event of a disappearance, including fortuitous occurrence and/or due to force majeure.
ARTICLE 7 – PAYMENT CONDITIONS
The payments must be carried out by transfer, upon receipt of the invoice, to the co-ordinates indicated on the invoice. Night, weekend and public holiday interventions are payable in cash upon presentation of the delivery note.
When the customer needs the attribution of a purchase order number in order to validate the invoicing, the latter must be transmitted to CHRONO Flex when requesting the intervention. After a 5 day deadline, the invoice will be addressed to the client without the associated purchase order number, and it will not be possible to justify a rejection of the invoice or to modify the settlement delay.
If a client misses an invoice payment, this could cause a blocking to his account and any order for breakdown interventions.
In the event of late payments, the customer is fully liable for the fixed sum for collection costs, equal to 40 €, as well as a late fee of an amount equal to the interest rate applied by the European Central Bank to its refinancing operations in force at the beginning of the semester, increased by 10 percentage points. (C. Com.L 441-6, I-Al. 12)
All invoices must be settled net of the discount.
No compensation can be offered in case of non-compliance of the interventions.
As CHRONO Flex has no legal relationship with the customer’s insurer, the customer remains the sole responsible party for the payment for the works, even if the repair costs must be covered entirely or partially by the insurer.
ARTICLE 8 – COURT OF JURIDICTION
Any litigation resulting from a reparation falls within the jurisdiction of the Tribunal de Commerce de Nantes (Nantes Commercial Court).