General Terms of Sale

 

GENERAL REMARKS:

Placing of an order includes the acceptance of the conditions as follows, even if the clients’ stipulations of purchase differ to ours.

ALLOWANCES:

Weights, dimensions, capacities, colours and all other specifications indicated with our product literature are given for your guidance only. In consequence, samples may differ in shade from the finished items and this will not constitute reason for cancellation or return of goods or any demand for additional discount.

MODELS:

Special items or models made to the client requirements by Watergame Company will not be subject to any exclusivity, unless by prior agreement.

DELAY IN DELIVERY:

Our delivery dates are approximate and any case of delay in delivery cannot be subject to penalty compensation or damages.

TRANSPORT:

Goods are always sold ex-factory and travel at the clients own risk, even if the freight is delivery duty paid.
The receiver must unpack and inspect the goods in the presence of the carrier. The good appearance of the packing does not prove that the goods have not been damaged during shipping. For these reasons we decline all responsibilities for damages, loss of goods or delays during shipment. Should the occasion arise, it is the receivers responsibility to make all claims against the forwarding agent (C.F code du Commerce, art. 48, 100, 103, 105, etc).

RETURNS:

No goods can be returned without our prior written agreement. After receiving the returned goods, a credit note will be issued on the basis of the price invoiced less handling cost and repairs (15 % minimum).
We cannot accept returns of any goods 6 months or more after production/sale.

2 YEARS WARRANTY

WATERGAME COMPANY guarantees the quality of its products as they are installed by trained professionals in accordance with the rules of art and our installation instructions or maintenance provided. In case of defects, our warranty is limited to repair, decommissioning or possibly outright replacement of the defective part.
It does not include the reimbursement of costs of labor, moving, packing and transportation, and no compensation for loss of use, tangible accidents or other. All complaints must be received in writing within 48 hours of delivery.

As of the date of invoice of the product warranty is valid for 2 years for:
– Obvious defects in manufacturing, material or aspect that our technical expertise would have allowed us to correct and whose origin predates the date of invoice.
– The machinery that equips our whirlpool systems: water pump, air blower, electronic box, keyboard or control button, cleaning agent tank, dump system.

Not covered by the warranty:
– Damage occurred during transport or due to poor storage conditions.
– Damage due to an external cause: shock, lightning, fire, frost, etc.
– The damage caused by chemical or corrosive media (abrasive or corrosive acids).
– Deterioration due to impurities, limestone or foreign bodies waterborne (sand, filings).
– Damage caused by misuse, improper voltage or changes without our permission.
– Normal wear or deterioration by objects, tools.
– In general, any form of abnormal or consequence of external damage.
– Claims related to the absolute accuracy of the colors of our samples with the standard delivery.
– The treated metal parts.

PRICES:

– Our price lists are given for your guidance and do not constitute a commitment from us. Our prices and stipulations of sales, include standard packing from our warehouse. All freight charges are in addition.
– All delivery charges are invoiced at the current daily price on the day of shipment.
– Except by special arrangement, all supplies are payable by cash to our factory or to the trucking company, Cash on Delivery, without discount.
– In the case of late payments, sums will be calculated in due course with interest at the current rate of exchange, plus any operating costs.
– In the case of non-payment or late payment, we reserve the right to cancel outstanding orders or to suspend work in progress.
– With regards to the quality of supply, no claim will be accepted for suspension of payment unless these defects are acknowledged by us. In any case, should the occasion arise, the suspension of payment should be limited to the value of the defective/faulty items only.

TITLE OF GOODS:

With regards to the law n°80335 dated 12th May 1980, title of the relevant goods will remain the property of Watergame Company until the full and complete payment has been received, regardless of whether the goods have been delivered.
The terms of any agreement entered into as a result of any order shall be construed in all respects in accordance with the laws only in the Court of Blois and is competent in the case of contest, even in the case of plurality of defendants, or appeal for guarantee.

PENALTY CLAUSES:

Except in special circumstances and unless agreed by Watergame Company, non-payment of our supplies by the due date will result in:
– The immediate demand of the whole unpaid amount, by whichever method of payment provided (by accepted bill of exchange or other).
– Demand of damages, and penalty clause of a 20 % compensation on the unpaid amount, together with legal expenses etc.