These general conditions of sale (hereafter, “GCS”) apply systematically to every buyer (hereafter “the Customer”) with the current Hexagone Manufacture S.A.S. tariff, allowing him/her to place an order.
As a result, the fact of placing an order Implies full acceptance without reservation by the Customer of the GCS. No specific condition may, except in cases of formal and written acceptance from Hexagone Manufacture S.A.S., prevail over the GCS. In the absence of express acceptance, no contrary condition may be raised in objection with Hexagone Manufacture S.A.S. by the Customer, re-gardless of the time when it may have been brought to its knowledge.
The fact that Hexagone Manufacture S.A.S. does not avail itself at any given moment of any one of these GCS may not be interpreted as a waiver of the right to avail itself of this at a later date. These GCS prevail over any Customer general conditions. These GCS apply to all countries.
Order means any order relating to products which appear in our tariffs, and accepted by Hexagone Manufacture S.A.S.. Offers made by our agents or by telephone shall only constitute a commitment on our side after written confirmation from us.
The Customer shall be deemed in agreement with the content of our confirmation if, within eight (8) days, he/she has not shared his/her observations with us in a written registered mail with acknowledgement of receipt. In the absence of any written observation, the order shall be deemed irrevocable.
The order is non-transferrable and may not be transferred without the agreement of Hexagone Manufacture S.A.S..
I.3. ORDER FULFILMENTS:
We reserve the right to make any modifications or improvements we deem necessary to our products at any moment, without this serving as grounds for a Customer to cancel an order, or requiring us to make any modifications or impro-vements to previously-delivered products.
I.4. CANCELLATION OF ORDERS:
No order can be cancelled by our Customers without our prior and express agreement. In any case where Hexagone Manufacture S.A.S. should accept the cancellation of an order, any deposit paid by the Customer shall be retained by us in compensation.
Deliveries are carried out by freight forwarders either directly to the Customer or via a carrier.
1.5.1. DELIVERY TIMES:
Delivery times as well as transportation times are determined on a case-by-case basis and are entirely indicative and without guarantee. Unless there is a contrary agreement, they shall never constitute a commitment on our side.
Any delay to delivery shall not constitute grounds to terminate the order, or grounds for refunds, damages or interests, deduc-tions, compensation, cancellation of the current order or the refusal of goods, as well as any kind of indemnity.
If in cases of force majeure, and especially: fire, flood, discontinuation of product, machinery breakdown, war, riots, requisition, required reduction of imports, accident or manufacturing delay at our suppliers, delay to transportation of goods, as well as in cases of the occurrence of any event beyond our control which prevents the execution of the contract under normal conditions, whereby manufacture and/or delivery have been prevented or delayed, then our contractual obligations shall be suspended for as long as the case of force majeure exists, without any responsibility borne by Hexagone Manufacture S.A.S., even if a firm timescale has been confirmed.
If the case of force majeure should continue for longer than forty-five (45) days, the more diligent party may, if it wishes, cancel the order affected by the case of force majeure without either of the parties laying claim to the payment of damages and interests.
1.5.2. TRANSFER OF RISKS:
The transfer to the Customer of risks of loss, theft or damage of goods sold, as well as the damages these may cause, shall be effective from the moment the courier takes possession of the order. The Customer shall, as a result, take out insurance covering these risks pertaining to the reception of goods for delivery by the courier.
Unless otherwise stipulated, delivery shall be made by our accredited couriers with shipping costsbilled to the Customer in addition to the price paid for the goods. Hexagone Manufacture S.A.S. cannot be held responsible for damage which occurs during transportation or unloading.
Goods shall always travel at the Customer’s risk, even in case of returns or despatches sent carriage paid or C.O.D. The Customer shall be responsible for checking that the goods are in good condition at the moment of delivery.
He/she shall also check the quality, quantity and reference of goods, as well as that they match the original order.
The Customer shall relay, where necessary, any concerns to the courier concerning missing and/or damaged goods, the type of damage and the extent thereof. These concerns must be communicated to the courier by the Customer by extra-judicial act or registered letter with acknowledgement of receipt within three (3) days, not including bank holidays, of the reception of said goods (article L133-3 of the French Code of commerce); one copy shall also be addressed to Hexagone Manufacture S.A.S..
All recourse shall be sought from the carrier. Where, in accordance with reasonable commercial standards, Hexagone Manufacture S.A.S. carries out additional transportation operations, such as loading, wrapping, securing , taking out an insurance policy, customs formalities etc. it shall only act as a representative of the consignee who retains their responsibility for the cost, risks and perils of such operations.
I.6. COMPLAINTS AND RETURN OF GOODS:
Without prejudice to claims made against the carrier by the Customer, such as those included in article 1.5.3., in the case of visible defects or missing products, any complaint, whatever its nature, relating to delivered products, shall only be accepted by Hexagone Manufacture S.A.S. if it is made in writing, by registered letter with acknowledgement of receipt, within fifteen (15) days following the delivery date.
No goods may be returned without our express agreement and goods may only be returned if fit for resale. The Customer shall allow Hexagone Manufacture S.A.S. to verify any defects to allow for these to be remedied.
He/she shall abstain from intervening themselves or from seeking intervention from a third party. The cost and risk of returns shall be borne by the Customer at all times. Any goods returned without our agreement shall be made available to the Customer and shall not lead to the establishment of an asset.
Justified returns shall be subject to a replacement of the product as deemed most appropriate by Hexagone Manufacture S.A.S. in light of the Customer’s needs or, where it is impossible for us to do so, a credit shall be made to the Customer after we have verified the quality of the returned machine, which shall exclude any compensation or damages and interests, deduction of the price of usable accessories, missing equipment and the cost of returning it to good working order.
In cases where Hexagone Manufacture S.A.S. accepts the return of goods in conformity with the initial Customer requirements, the purchase price of said goods shall be paid to the Customer to a maximum of 75% of the billed value.
I.7. PRICE AND PAYMENT:
1.7.1. Prices, information and technical characteristics which can be found in our catalogues, tariffs, prospectus, technical specifications or other documents are indicative and cannot be deemed firm offers. These documents have no binding nature and can be modified at any moment and without prior notice.
Our prices are expressed in Euros. Any taxes, duties or other contributions to be paid in accordance with French legislation and regulations, or those of an importing or transit country shall be borne by the Customer.
1.7.2. Our materials are always billed at the current tariff at the moment when the order is confirmed by Hexagone Manufacture S.A.S., and are less tax from the moment they depart our headquarters in Argenteuil, carriage and packa-ging not included.
1.7.3. A fixed sum of 21 € less tax on charges for all invoices of under 80 € less tax.
1.7.4. Our invoices are payable upon reception unless a different payment schedule is indicated on the invoice. Only the cashing of a paper instrument or cheque or the reception of a bank transfer shall be considered as valid payment under these GCS.
In cases of payment by bills of exchange, the Customer is required to return the accepted paper instruments presented to them within a maximum of seven (7) days. Any amount including tax not paid within the allotted time shall give rise to a payment by the Customer of delay penalties fixed at 3% per month’s delay, as well as a fixed rate of compensation to cover losses to our Company of a total of FORTY (40) EUROS.
If the recovery costs are greater than the amount of said compensation, our Company shall then seek, with supporting documents, additional compensation (articles L.441-10 et D.441-5 of the code of commerce).
1.7.5. Recourse to our warranty obligation or any other demand of any kind that the Customer may make shall not allow him/her to in any case or under any pretext retain or delay payments owed to us, it is also expressly required that any delay or failure to pay should lead to the ceasing of recourse to our warranty and agreements.
1.7.6. Our sales are made fully and without exception at our Argenteuil headquarters, unless otherwise specified. Acceptance of our bills of exchange or payment by any other means shall not constitute either a renewal of or a dero-gation from this clause.
1.7.7. Failure to accept our drafts or payment default at the expiry of a bill of exchange or an invoice, and whatever the mode of payment or in cases of cessation of activity or cessation of funds, shall lead to the forfeiture of the term, requiring that all debts to us, including those not yet expired, be paid immediately.
It shall also lead to the suspension or resolution of tenders, contracts and orders in progress, without possibility for the Customer to argue an unjustified refusal of sale, or claim any kind of compensation.
1.8. TRANSFER OF PROPERTY - OWNERSHIP RESERVE CLAUSE:
Hexagone Manufacture S.A.S. reserves ownership of goods sold until effective payment of the full price for the main goods and accessories, even in cases of granting of payment terms. The Customer may in no case resell, pledge or grant a guarantee on the good delivered and not fully paid for.
Payment default on any deadlines may lead to goods being reclaimed. Where reclaims are made, deposits already paid shall be retained by Hexagone Manufacture S.A.S. in compensation.
II.1. Goods must be verified by the Customer upon delivery, and any complaint, reservation or dispute relating to missing goods or apparent defects should be made within the provisions of article 1.6.
In case of apparent defects, defective parts shall be replaced by Hexagone Manufacture S.A.S. or the goods replaced, subject to verification of the alleged defects. The Customer shall supply any documentation or elements which demonstrate the extent of observed defects.
No complaints can be made by the Customer more than fifteen (15) days after the delivery of the goods. Indications of performance, speed, consumption power, weight etc. are only given on an indicative basis and without any commitments or guarantees on our side, any inaccuracies may in no case give rise to the termination of an order or a request for compensation.
II.2. Our products are aimed at professionals, and as such should only be handled by individuals who have received free training on the product offered to the Customer by Hexagone Manufacture S.A.S. or its accredited distributor.
Our pool cleaners are guaranteed against any material and construction defects for a period of twenty-four (24) months from the delivery date and for up to 1200 hours of use.
Our devices other than pool cleaners are guaranteed for 12 months from the delivery date. Our warranty only applies to products which have become the property of the Customer.
II.3. We shall no longer be bound by our warranty obligation in cases where the warranty terms on some aspects of our products are breached without our express agreement.
II.4. Our warranty is limited to the replacement or repair of parts which we deem defective, excluding any other damages.
II.5. Hexagone Manufacture S.A.S. accepts no responsibility in cases of operating losses, loss of time or of any other indirect loss caused by its goods. The Customer must seek a substitute to defective equipment. Furthermore, the client shall comment on the usage scope of the equipment in case of defects observed on the material by themselves or in the place of use or on their mode of use.
II.6. All standard new or exchanged spare parts are guaranteed for 6 months for a maximum 500 hours of use.
II.7. Warranty on consumable parts. Filters, brushes, crawlers, belts, cables, trolley tyres are considered consumable parts, whose warranty is limited to 6 months and a maximum of 300 hours of use.
II.8. Exclusions to warranty in the following cases: damage and wearing resulting from a special, abnormal or otherwise application or assembly, carried out by the Customer or a third party without prior and written agreement from Hexagone Manufacture S.A.S.; use of our goods in conditions of use or performance which do not conform with the technical specifications of Hexagone Manufacture S.A.S., and more generally inappropriate or clumsy usage; damage or accident caused by the intervention of an employee of the Customer not trained to use the product or a company not accredited by Hexagone Manufacture S.A.S; defects and/or damage to goods following maintenance not carried out in line with Hexagone Manufacture S.A.S. recommendations or failure to maintain, or irregular storage and/or conservation conditions by the Customer; whereby the Customer fails to notify Hexagone Manufacture S.A.S. in writing (specifically by fax or email) from the moment they observe the defect to the product under warranty and whereby they maintain in service a part or section of the defective product which may lead to further and more significant damage to the product or to the place of use.
Malfunctioning as a result of normal wearing (e.g.: snapped belts, dead remote control batteries, bare brush-heads, etc…) or linked to problems with linings of and/or to specific shapes of pools which do not conform with the specification table required by Hexagone Manufacture S.A.S.; breakdown as a result of incorrect electrical installation, current fluctuations, poor connections or even the failure to observe by the Customer the electrical standards in force in the country of use; damage caused by external accidents: fall, transportation, fire, flood, melting, blackout, short-circuit, as well as accidents such as shocks, power-cuts, the introduction of foreign objects and/or liquids (acid, cleaning product, chlorine, water, tropical rainfall, etc...) ; where a third party or the Customer themselves has opened the electric control box and/or the engine or pump or gyroscope without our written agreement.
The anti-corrosion warranty does not apply to sulphuric water or that without daily cleaning with stainless steel clear water.
As a result, Hexagone Manufacture S.A.S. shall not be held responsible for material damage or accidents suffered by individuals as a result of one of the cases listed above.
Shipping and returns costs incurred by the application of the warranty shall be borne by the Customer.
We accept no responsibility for damage caused to property due to our products following an equipment failure or a construction defect to equipment sold.
The length of warranty for the defective equipment or part under guarantee shall be extended by a duration equal to the time spent in our servicing department where this is longer than a week. Outside of warranty repairs are subject to an estimated charge of 150 Euros less tax. This amount is only due if the Customer turns down repairs.
Any parts delivered by Hexagone Manufacture S.A.S. shall be invoiced at the moment of delivery. In cases of warranty claims, said defective piece shall be returned to Hexagone Manufacture S.A.S. within a month maximum for assessment and work. OUtside this time, we can no longer accept it.
Hexagone Manufacture S.A.S. shall in no case be held solely responsible for the cleanliness of pools. It is therefore recommended that the Customer always have access to a substitute for a defective machine. If a technician from Hexagone Manufacture S.A.S. should establish that the breakdown is not covered by warranty, the technician may invoice for the uncovered problem in line with to the current tariff. Following testing of equipment under guarantee whose defect has not been found during servicing, the Customer shall be billed for the time spent looking for the defect.
Mode of intervention: you can contact the technical service by calling 0134341155 or any other Hexagone Manufacture S.A.S. agency. For work done under warranty, equipment or parts may only be sent to the following address: Hexagone Manufacture S.A.S., 1-5 rue Michel Carré, 95104 Argenteuil Cedex, France, quality service.
To request work under warranty, the Customer must fill in a sheet authorising the work, including the device’s serial number, the in-service date, the number of the replacement part, as well as observations regarding the defect observed.
Any technical documents sent to our clients remain the exclusive property of Hexagone Manufacture S.A.S., the sole holder of intellectual property rights over these documents, and must be returned to us upon request.
In accordance with laws currently in force, it is forbidden for customers to fully or partly reproduce our technical and commercial documents and to make any use of them which is liable to violate the industrial or intellectual property rights of our company. The Customer shall undertake not to divulge these to any third party.
We reserve the right to ask for removal of our products from sale on a website which does not respect our commercial policy in terms of price and trading conditions.
In cases where any one of the Customer obligations is not respected by the latter, sale may be terminated fully within rights, and goods returned to Hexagone Manufacture S.A.S. as it sees fit, without prejudice to any damages or interests which Hexagone Manufacture S.A.S. may assert to the Customer, within 48 hours after a formal notice which goes unanswered.
In this case, Hexagone Manufacture S.A.S. is within its rights to seek a fixed rate of compensation of 15% of the total sale price from the Customer, as well as default interests and any legal fees incurred.
In accordance with the provisions in article R543-195 of the Environment Code, our Company has hereby joined the accredited eco-body LOXY at Parc d’Activité du Vert Galant 17 rue Antoine Balard – 95310 Saint-Ouen l’Aumône (RCS Pontoise 482.644.952) with a view to ensuring the collection and treatment of professional waste electrical and electronic equipment.
If one of the clauses or provisions of these GCS should be annulled or declared void by a definitive court ruling, such nullity or void nature shall be without prejudice to the other clauses and provisions, which shall continue to apply.