AZ MACHINERY-SLU General Conditions of Sale, Rentals & Guarantees 2021
Article 1 - Scope of application
1.1. Unless explicitly stipulated otherwise, the legal relations between AZ MACHINERY-SLU (hereinafter referred to as “the seller”) and the buyer are exclusively governed by these general conditions of sale as well as by the special conditions (commonly referred to below under the term “the agreement”).
1.2. In the event of a contradiction between these general conditions of sale and the special conditions, the latter will have priority.
1.3. The convention cannot be tacitly waived in any way (by simple behavior). The fact that the seller does not avail himself at a given time of any of these general conditions of sale cannot be interpreted as a waiver of his subsequent reliance on any of said conditions.
1.4. The general conditions of sale established are obligatorily read and approved by the customer who acknowledges having read them. These are freely available on the company's website: www.az-machinery.com. As well as on page 2 and 3 of the Proforma Quotes and Invoices.
1.5. The seller reserves the right to modify the provisions of the agreement at any time. If the buyer does not respond within 15 calendar days, the latter is deemed to have accepted these changes.
1.6 In the absence of writing, shipment by the supplier is deemed to constitute acceptance of the order.
1.7. These conditions have been established for sale in Andorra, France, or abroad.
Article 2 - Offers and orders
2.1. The offers are free and are valid for thirty calendar days. They form a whole and are indivisible. The offers are only a proposal from the seller and are not binding on the seller, even after acceptance by the buyer. Only written acceptance, in the form of an edition of a Proforma invoice published by the seller, gives rise to the agreement.
2.2. The seller assumes that the information, drawings and other documents provided by the buyer are correct and that he can use them for his offer. If the buyer himself communicates article references to the seller, the seller will assume that they correspond to the article actually ordered.
2.3. If the illustrations, dimensions, capacities, weights and other indications relating to machines and components, prices and offers taken from the seller or on the seller's website or demonstration models are presented with the greatest care, they are only an approximation and are valid for informational purposes only, without obligation.
2.4. The characteristics mentioned such as lift height, capacities, dimensions, years, hour meter, type of tires are given for information only. It is the buyer's responsibility to always check this indicative information on site before confirming his order. In the event of a difference noted, before confirming the purchase of the equipment, the purchaser accepts the profit or loss that he observes. The seller accepts no responsibility for differences in characteristics. The buyer declares to accept the material as is. In the absence of indication, all of our new equipment is sold EXW from our factories, with a 12-month manufacturer's warranty. Regarding used equipment, these are sold non-functioning, as is without any warranty, and considered as spare parts. These must be checked and repaired by a competent professional before any use.
2.5. Accessories are not an integral part of the sale, forks, side shift carriage, positioner etc., are always excluded.
2.6. The equipment is available on the day of the offer, unless it has been sold in the meantime.
Article 3 - Purpose
3.1. The subject of this agreement is expressly described in the special conditions and covers the accessory (s), pieces of equipment, tools, devices, installations and / or machines expressly described therein. The object is referred to below in terms of "items sold"
3.2. The buyer is fully responsible for the choice of items sold. The items sold are standard items that are not designed for the specific needs of the buyer, or items that have been adapted by the seller at the request of the buyer for the needs of the latter. The seller cannot be held responsible if it appears that the items sold do not meet the needs specified by the buyer.
Article 4 - Prices
4.1. The price of the items sold is defined in the special conditions (hereinafter referred to as "purchase price"). The purchase price is expressed in euros excluding current VAT, any taxes and duties or import or export duties, and does not include the costs of delivery or collection of the items sold nor any costs of assembly, installation and commissioning (hereinafter referred to as “the costs”). The costs are the responsibility of the buyer.
4.2. No discount is granted for early payment.
4.3. Taxes of all kinds are in effect on the invoice date.
Article 5- Payment
5.1. On purchase: Unless explicitly stated otherwise in writing in the special conditions, the buyer must pay the purchase price and costs in full before delivery by transfer to the bank account number given by the seller, taking back the mention indicated on the invoice. The seller is authorized to request a down payment on the order in order to reserve the material for the buyer, or to start manufacturing the material ordered.
5.2. The purchase price and costs will not be considered as actually paid until the seller has been credited with them. Delivery of the equipment is only made after full payment of the Proforma invoice.
5.3. If the seller consents in writing to be paid by check, the drawing of a check does not constitute payment until the day the seller has unconditionally received the amount of the check.
5.4. Any delay in payment automatically and without formal notice entails the full liability of the debt and interest calculated on the basis of the rate of advances from the Banque de France increased by 2 points, plus legal costs. possible.
5.5. In the event of default of payment, bankruptcy, late payment, dissolution, liquidation, publication of a protest, summons to court following a payment arrears, opening of a file with a search service for companies in difficulty or in the event of the buyer's well-known insolvency, sale, transfer, pledge, contribution by the buyer of its business or its equipment in a company or if the buyer does not accept a draft on time, all amounts still due, including those which the buyer owes to other companies linked to the seller, are immediately payable without prior notice. Similarly, the seller has the right in the aforementioned case to terminate the agreement immediately and without notice by registered letter, without the seller being liable for any compensation whatsoever, and without prejudice to the seller's right to demand a compensation.
5.6. If the buyer asks the order to invoice a third party, the buyer remains, despite this third party invoicing, jointly and severally bound to respect all of its commitments.
5.7. Rental: Payment for a rental is made by automatic debit, due, the first rent is taken when the rental contract is signed.
5.8. The documents to be provided for a rental contract are: an RIB, an identity document, a deposit check, a signed automatic debit authorization, as well as any other document that may be requested by the lessor before the equipment is made available. .
5.9. In the event of an unpaid debit, the debit will represent 5 calendar days after the rejection on our bank account. € 15 excluding VAT for rejection costs will be re-invoiced for each operation.
5.10. In the event of a second unpaid direct debit, we ask you for full payment of the invoices due and the return of the equipment within 3 calendar days, the return transport costs will be borne by the customer as well as a penalty corresponding to 30% of the remaining rents due. for early termination of the rental contract.
5.11. Conditions relating to specific, made-to-measure, non-standard products manufactured at the customer's request:
For any specific order, non-standard or made to measure. The customer must pay for his order as follows: 50% by transfer to the order, the balance of 50% by bank transfer at the end of production. The end of manufacturing of the material is notified to the customer by voice mail, message, text message, mail or phone call. The customer therefore has 5 calendar days to complete the balance of his order. The organization of the provision for collection or transport of the material to the customer is only carried out upon receipt of the balance of the agreed payment in the bank account of AZ MACHINERY-SLU. Note that in the event of late payment by the customer, the delay in making the equipment available at our depots will be identical to the number of days of late payment.
5.11.2. Storage of open materials: Once the end of production has been notified to the customer, AZ MACHINERY-SLU grants the customer a free storage period of 10 calendar days in its premises. During this period of 10 days, the customer must make the agreed balance for his equipment, and organize the collection of it from our premises, or receipt of it in the event that AZ MACHINERY is responsible for transport. After this period of 10 calendar days, in the event of failure to receive the agreed payment balance; or the impossibility for the customer to come and collect or receive the material that is the subject of the order. This will be sent for storage at our logistics depots, or at one of our logistics providers to ensure the storage of said material.
5.11.3. Details of the costs relating to the storage of equipment that has not been paid for, or that has not been removed at the end of production:
A. Handling costs: 105 € HT / equipment loaded; 105 € HT / equipment unloaded.
B. Transport costs: In the event that the equipment cannot be stored in our premises, it will be sent to the depots of a logistics service provider. The cost of transport will be re-invoiced to the customer on the flat-rate basis of 1.90 € HT / Kilometer from our depots of 66,340 Palau-de-Cerdagne.
C. Storage charges. The storage costs invoiced correspond to the type of equipment, their volumes and their associated storage complexities. These are divided into 7 distinct Categories:
C1: AZ RAMP-EDGE DOCK dock leveler, AZ RAMP container access ramp, AZ RAMP transshipment bridge: 35.50 € HT / Calendar day.
C2: Quay table with AZ leveler RAMP-OTC DOCK, OTC EDGE DOCK, DISPATCH 3-3: 55.50 € HT / Calendar day.
C3: AZ RAMP Fixed or mobile loading ramps less than 12 meters long: 135.50 € HT / Calendar day.
C4: AZ RAMP Fixed or mobile loading ramps over 12 meters long, AZ RAMP-DISPATCH logistics station, AZ RAMP-FORMATION 2020-ADJ and PL ramps: 195.50 € HT / Calendar day.
C5: Liberty Lift PRM lifts, Person lifts, AZ LIFT BIPARK and TRIPARK parking doublers and triplers: 90.50 € HT / Calendar day.
C6: AZ LIFT Goods Lifts, Scissor Lift and Car Lifts, AZ LIFT 4-Column Car Lifts: 115.50 € HT / Calendar day.
C7: Bulky equipment: Rotopark, Copropark:: 245.50 € HT / Calendar day.
Article 6 - Transfer of ownership
6.1. The risks relating to the items sold are transferred to the buyer upon delivery.
6.2. Ownership of items sold does not transfer until full payment of the purchase price and costs has been made. The transfer of ownership is therefore suspended until the moment of full payment of the purchase price and costs.
6.3. As long as the transfer of ownership of the items sold is not complete, the buyer undertakes to insure the items sold against the risks that the items delivered may run or create, up to the minimum amount of amount of purchase price and costs.
6.4. The buyer acknowledges that the seller remains the exclusive owner of all intellectual property rights relating to the items sold and to the name and logo under which they are sold by the seller and undertakes to refrain from any claim in this regard.
Article 7 - Delivery
7.1. Delivery is made EX-WORKS ex works of AZ MACHINERY-SLU (Incoterms 2020), or in the warehouses of AZ MACHINERY-SLU partners. Unless otherwise agreed in writing between the seller and the buyer in the special conditions. If it is agreed in writing that the items sold will be delivered to the purchaser or to a place designated by the purchaser, this delivery may take place in the absence of the purchaser. Where applicable, the consignment note will serve as proof of delivery. As customs clearance costs are always excluded, these are invoiced after delivery of the equipment for a fixed amount of 20% of the amount of the equipment postage paid.
7.2. Delivery times are indicative. The buyer cannot invoke late delivery or a material impossibility for the seller to perform the agreement to claim damages or refuse to accept the items sold.
7.3. Any expressly agreed delivery time only begins after the seller is in possession of all the information and documents that are required for the execution of the delivery.
7.4. If, however, the seller has expressly committed in writing to damages for late delivery under the special conditions, such damages are only due if the buyer has given notice to the seller by registered letter, or by any other means. of communication being proof, due to the delivery deadline being exceeded, by appending proof of the damage suffered as an appendix. The seller will not be required to pay such damages if the delay in delivery is due to force majeure or is attributable to the buyer. In the latter case, the buyer is required to reimburse the damage and costs incurred. By force majeure we mean, without this list being exhaustive: an injunction from the public authorities, a mobilization, a war, a pandemic, an epidemic, a lock-out, a strike, defects, a fire, a flood, explosion, shortage of raw materials or manpower, changed economic circumstances, ship delay, Chinese New Year, vandalism, exceptional weather conditions and any other circumstances that could disrupt the normal course of things regardless of the will of the seller without the seller being required to prove the unpredictability of these circumstances. In any case, any damages due to late delivery will always be limited to 0.5% of the purchase price per full week of late delivery following the 21st working day of the delivery date, with a maximum amount of 5 % of the total purchase price.
7.5. The buyer cannot invoke late delivery by the seller to demand termination of the agreement.
7.6. If a partial delivery has already taken place and if the buyer refuses to accept or makes impossible other deliveries, the invoiced amount of the part already delivered is immediately due and the buyer is liable to pay damages, the amount of which minimum is fixed at a flat rate of at least 35% of the purchase price of the part of the agreement not yet executed, without prejudice to the seller's right to prove more extensive damage.
7.7. The packaging costs as well as the shipping costs are the responsibility of the buyer who chooses and himself takes charge of the material when it leaves our factories in China or Europe. In the absence of instructions, the supplier will ship the material upon receipt of funds, in the best interests of the buyer. The equipment is only insured on the express instruction of the purchaser and at his expense.
7.8. It is the buyer's responsibility to carry out all checks, in the absence of reservations on the delivery slip, the delivery is deemed to be compliant.
7.9. In the event of reservations made by the buyer upon delivery, these will concern the forwarder and by extension the shipping company and the carrier.
7.10. No delivery of material can be delivered before full payment of the proforma invoice, unless specifically stated otherwise in writing.
7.11. When selling equipment, only the invoice is sent to the buyer by mail, no other document is issued by the seller. Regarding new equipment, the CE and User Manual provided by the manufacturer or the subcontractor, in English, are provided. It is up to the client to carry out the translation himself and at his own expense in the desired language. Regarding second-hand equipment; Certificates of conformity (CE), periodic inspections (VGP), maintenance books, user manual, part manual are never provided. It is up to the buyer to obtain the documents he wishes on his own.
7.12. Unloading of Materials upon receipt: when AZ MACHINERY SLU has been commissioned to transport the goods, they are delivered by standard 33t tautliner truck, or by container truck. Unloading is to be done by the customer when the truck arrives at its premises. The customer must first ensure that he has the necessary technical means to unload the goods. In case of impossibility of unloading by the customer AZ MACHINERY SLU reserves the right to transport the goods to the premises of its choice, and to re-invoice the customer, the transport and possible waiting times of the drivers who will apply, increased a flat-rate compensation of € 500 excluding tax for the impossibility of unloading.
Article 8 - Right of retention
8.1. In the event of non-payment, the seller benefits from a right of retention on all objects and documents transmitted by the buyer until full payment of the principal, interest, handling costs, transport and storage, costs of freight and customs clearance, and costs.
Article 9 Condition of new and used items sold and guaranteed by the seller
9.1. Items sold new or used are received by the purchaser in their current condition. The receipt of items sold second-hand by the buyer at the time of delivery, referred to in Article 7.1, implies acceptance of the items sold.
9.2. The seller does not have to guarantee the buyer if it appears:
9.2.1. Whether the buyer has made repairs or modifications to the items sold or has tried to do so;
9.2.2. That the defects result from an abusive or abnormal use such as, in particular, the use of the articles sold for purposes other than those for which they are reasonably intended, an excessive load, a use (inadequate) not corresponding to the instructions proper use, assembly, maintenance, installation or use that does not comply with the technical or safety standards in force in the place where the items sold are used;
9.3. Items sold are not taken back, except after written agreement from the seller in response to a written and reasoned request from the buyer.
9.4. All of our new equipment is sold with a 12-month manufacturer's warranty. Equipped with a CE certificate. The unloading, installation, commissioning, as well as the commissioning visit for possible conformity by an approved body are to be carried out by the customer and at his expense.
9.4.2. With regard to second-hand equipment, these are deemed to be sold as is without warranty, unless otherwise indicated in writing. In the case of a sale of second-hand equipment with used vehicle warranty, this is understood as follows: 6-month-3-point guarantee (engine-gearbox-transaxle), concerning all the other points of the equipment, these are delivered as is and without any guarantee or recourse against the seller. Any material sold is neither returned nor exchanged. All equipment sold must be subject to a safety check by an approved body, and to a possible repair by a qualified professional before any use. AZ MACHINERY-SLU only checks the correct functioning of the 3 points covered by the guarantee; all security elements are therefore to be checked by the customer, and at his expense upon receipt of the equipment; the return to service VGP must be carried out at the customer's expense.
9.5. The warranty covers the following parts: engine, gearbox, axle. Batteries, accessories, sensors, hoses, charger, and more are never guaranteed. This warranty is not transferable; any unrecognized intervention on the equipment by a third party or another service provider voids any warranty. The guarantee excludes all other services or indemnities. Replaced parts become the property of the supplier again and must be returned to the supplier at the purchaser's expense. Repairs under the warranty are carried out in principle in the supplier workshops, with the customer responsible for sending the equipment to be repaired or the defective parts there. When the intervention on the equipment takes place outside its workshops, the resulting costs for the supplier of the travel and stay of its agents are invoiced to the customer. The warranty does not cover normal wear and tear, nor damage resulting from lack of maintenance and supervision, incorrect operation, misuse or malicious intent. The warranty automatically ceases if the customer undertook repair or modification work without the supplier's approval.
9.6. Under penalty of losing the benefit of the warranty, the customer must have the checks carried out as well as all the preventive maintenance operations recommended by the seller or one of his service providers.
9.7. Guarantee conditions:
The warranty applies in Andorra, mainland France and abroad according to the prices of Andorran spare parts and on condition that the necessary verifications and expertise can be carried out. The warranty covers the mechanical parts (provided in the manufacturer's catalog) 3 points (Engine, Gearbox, Axle). Please note, the costs of dismantling the vehicle to find the cause of the failure, as well as reassembly are not covered.
We never guarantee: Malfunctions resulting from an evil way or an intentional act of any person. Malfunctions resulting from an accident. Fines and related costs. Batteries and chargers, jacks and hoses, accessories, drives, on-board electronics. Damage when all the necessary measures to avoid aggravating the extent of the damage have not been taken. Any repair or installation not carried out by a qualified professional.
Improper use of the vehicle, use of a mobile loading ramp with a 3-wheel type forklift, unless otherwise specified in writing. All maintenance, adjustment and tune-up operations as well as breakdowns or incidents caused by normal wear and tear. Parts subject to a manufacturing defect or recalled by the manufacturer. Vehicles whose hour meter has been disconnected, tampered with or changed. Seals, small supplies and ingredients. Any poor maintenance or improper use of the vehicle will void the contract without any compensation on our part. Any trace of water or oxidation in the engine due to a problem with rinsing or immersion cannot be dealt with. AZ MACHINERY-SLU reserves the right to request the expertise of the vehicle, at the expense of the subscriber, for the acceptance of a guarantee. You will lose all right to compensation if you willfully make false statements about the date, nature, causes, circumstances or consequences of the failure. The same will apply if you knowingly use inaccurate documents as proof or use fraudulent means. If indemnities have already been paid, they must be reimbursed to us by the person (s) responsible. The effective date of your warranty is the date of receipt of your equipment, after acceptance of these general warranty conditions.
9.7.2. For new equipment, the duration of your warranty is 12 months for new equipment, applied by the manufacturer or the subcontractor on parts, excluding labor, shipping costs, customs duty or tax. possible import.
9.7.3. For used equipment, the duration of your warranty is 6 (six) months. A time limit is imposed at a rate of 50 (fifty) maximum hours of use after receipt of the equipment for used equipment. Your warranty ends 6 months after the effective date or once the hourly limit has been reached (first of the 2 terms reached).
The warranty is no longer valid, if the vehicle is sold to a third party, during the warranty period. In the event of a breakdown, you must notify us of the breakdown in writing and by telephone as soon as you become aware of it and within a maximum of 3 working days. If you do not respect these deadlines, you will lose all right to compensation.
Formalities to be completed:
1) Immediately take all necessary measures to avoid aggravating the extent of the damage 2) Send us, if the file requires it, all the documents, information related to the failure that are sent to you or requested by AZ MACHINERY- SLU. Let us know before any modification or repair the place where we can possibly notice the failure. 4) The professional sends us a pre-estimate or a diagnosis. 5) You may be asked to check your maintenance book or invoices justifying the regular maintenance of the vehicle. 6) Our expert will then give his agreement (most often the same day) to carry out the work and indicate the amount of the support. 7) For compensation, the professional must send us the invoice (this must correspond to the amount compensated). For any repair request, AZ MACHINERY-SLU may request an expertise by an approved expert.
No repair must be made before there has been a finding of the failure by one of our agents or expert commissioned without our agreement, otherwise no compensation will be granted. Labor is not covered under any circumstances.
AZ MACHINERY-SLU can request the report of a gendarmerie investigation before reimbursement if the situation requires it for the clarity of the file. In some cases ; The repair can be carried out using mechanical parts purchased second-hand; " standard exchange " ; This allows the reimbursement ceiling to be reached less quickly. AZ MACHINERY-SLU reserves the right to supply the parts, in priority. If the amount of the invoice exceeds the support, the customer must pay the difference when picking up the equipment. You have a period of one month from the date of declaration of the damage to have the repairs carried out according to the formalities to be completed. After this period, no compensation will be granted. In the event of an expertise, this period begins on the date of the last assessment. We can accept a justified delay after written request. The maximum amount reimbursed for repairs is capped, depending on the replacement value of the equipment, as follows:
A-Equipment less than 7 years old: € 1,000 excluding tax for a machine under € 42,000 excluding tax; 1,500 € HT for a machine of less than 62,000 € HT; € 2,300 excluding tax for a machine of less than € 82,000 excluding tax; € 3,100 excluding tax for a machine of less than € 125,000 excluding tax; 4,300 € HT for a machine less than 170,000 € HT; 5,500 € HT for a machine less than 250,000 € HT; € 6,300 excl.tax for a machine less than € 360,000 excl.
B-Equipment over 7 years old: 500 € HT for a machine less than 42,000 € HT; 750 € HT for a machine of less than 62 000 € HT; € 1,150 excluding tax for a machine of less than € 82,000 excluding tax; 1,500 € HT for a machine less than 125,000 € HT; € 2,150 excluding VAT for a machine of less than € 170,000 excluding VAT; € 2,750 excluding tax for a machine of less than € 250,000 excluding tax; 3,150 € HT for a machine less than 360,000 € HT. The mechanical points covered by the warranty are listed below. AZ MACHINERY-SLU reserves the right to base its reimbursement on the value of used mechanical parts. AZ MACHINERY-SLU reserves the right to supply new parts as well. Details of the points covered: 1. Engine: Pistons, connecting rods, crankshaft, cylinders or sleeve, oil pump, cylinder head (valves, tappets, camshaft, etc.) and cylinder head gasket as well as all mechanical damage to the engine block and resulting directly from the damage. 2. Gearbox and transfer case: moving parts of the gearbox (pinions, shafts, bearings, bearings, synchros, circlips, control forks, automatic actuator), planetary gear, hydraulic and mechanical distributor as well as all mechanical damage to the crankcase and resulting directly from the damage.
3. Front and rear axles: moving parts of the axle (pinions, axle shafts, differentials, crowns) for normal use, planetary reduction gear, power take-off drive, damage to the casing resulting from the damage. Normal wear and tear is not covered. Vehicle maintenance operations must be carried out by an approved professional. The beneficiary must keep the detailed invoices of the revisions provided by the intervening professionals. Any poor maintenance of the vehicle will result in a denial of compensation. The warranty will end as soon as one of the following 2 terms is reached: at the end of the warranty period or when the operating hour limit is exceeded. No repair or disassembly should be done without the agreement of AZ MACHINERY-SLU. The warranty covers only the items detailed above. Damage resulting from parts or assemblies that have been the subject of remarks at the half-yearly inspections or at the establishment of the contract, are not guaranteed except after repair of the parts which are the subject of said remarks. After acceptance of our support; You have a period of one month after declaration of the damage to carry out the repairs.
Article 10 - Rental
10.1. All rentals are deemed to be excluded maintenance, except for special written conditions. 10.2. In the event of full service maintenance included, the customer is responsible for the replacement of tires, forks, seats, breakages and other degradation due to wear and malice, compulsory insurance and periodic checks. Bank financing of equipment leased must be paid for by the lessee. 10.4. The equipment remains the property of the lessor, from the provision until the return of the equipment. The customer undertakes to return the equipment in good working order and undertakes to bear the cost of the repairs necessary for its repair, in particular: hoses, tires, paint, as well as any other damaged component. . Regarding the exit doors offered, these are only valid in the event of a new order to replace the outgoing material and for a financial amount at least equal to that of the outgoing material.
10.7. Throughout the rental period, an annual sales point is planned to verify the adequacy of the contract with regard to the actual use of the equipment.
If more than 100 hours of annual use is exceeded, the contract is automatically modified and is based on the actual use of the rented equipment, thus modifying the maintenance part invoiced in the contract.
10.8. In the event of additional hours worked with the rented equipment, these will be invoiced at the current rate, depending on the equipment.
10.9. For rental contracts specific to AZ MACHINERY-SLU, any early termination of a rental contract entails an exit penalty corresponding to 30% of the remaining rents due, plus the return transport of the equipment.
10.10. The customer insures the rental equipment against theft, vandalism, fire, breakage, civil liability and traffic liability.
10.11. In the event of any dispute, the latter becomes the owner of the equipment during the rental period, the rental conditions being those of the seller. The customer accepts the specific conditions thereof.
10.12. Specifics relating to so-called short-term rentals:
Rental prices are determined on the basis of a usage regime of 8 hours / day; and 5 days a week, and are: transport, operation, fuel, insurance, possible cleaning costs and VAT excluded. A so-called Normal use of the equipment rented does not require any cleaning, if cleaning of the equipment is necessary for the return of the equipment to our depots, a cleaning fee of € 200 excl. Tax will be charged. Any machine rented requires the prior payment of a deposit of € 1,250, taken by bank loan, or sent to us by bank transfer. The customer must insure the equipment for the entire contractual rental period, independent of the location of the equipment in Europe. The guarantees to be contracted are as follows: Machine Breakdown, Theft, Damage during Loading / Unloading, Damage during Transport, Fires, Falls or Collisions
Insurance costs are the responsibility of the customer, who will provide AZ MACHINERY with the insurance certificate before delivery of the equipment.
In the event of damage to the equipment hired out, a deductible of € 2,250 excluding tax is applied per damage. A deductible of € 7,500 excl. Tax is applied in the event of theft. Each rental agreement is valid from the date of departure of the contract, and those until the customer requests the removal of the rented machine.
In order to avoid any misunderstanding, all collection requests must be sent by email to the following address:
contact@az-machinery.com
Pick-up requests are accepted until 10 a.m., the working day following the desired termination date of the rental contract. The customer remains legally responsible for the equipment delivered to the site up to 72 hours after the request for removal. AZ MACHINERY reserves the right to select a machine of a higher model or category in the event that the model requested by the customer is not available immediately, however respecting the rental price agreed initially. Our equipment cannot be used for sanding work.
Article 11 - Responsibility
11.1. Damages resulting directly from the explicit obligations imposed on the seller by virtue of this agreement, the seller's liability is limited to the liability imposed on him by law.
11.2. The seller can in no way be held responsible to the buyer for economic losses, loss of earnings, loss of turnover, or other, whether these losses are direct, indirect or consequent, or any compensatory claims. , whatever their origin, linked to the execution of the agreement.
11.3. The buyer held liable by third parties for damage caused by a defect in the items sold which were delivered by the buyer to third parties in any form whatsoever, is under no circumstances authorized to bring recourse to the regard to the seller.
Article 12 - Invoicing
12.1 VAT, the prices displayed are in € excluding VAT, the Applicable VAT is 20%, French VAT according to the tax obligations of foreign companies represented for tax purposes in France. The Professional Customer duly registered for Intracommunity VAT, therefore pays a provision of VAT when issuing the Proforma invoice. At the time of invoicing, and before checking the VAT number via the VIES system. The VAT provision is applied to the payment of customs clearance costs corresponding to 20% of the amount of the material free of charge. For professionals duly registered for intra-community VAT, 20% VAT will be paid by reverse charge and in accordance with the provisions of Article 21-1-a of the 6th European VAT Directive or Article 283-1 of the CGI. It is expressly agreed that the customer has to provide AZ MACHINERY SLU with a Valid VAT number, corresponding to the Legal Entity confirming the order, as well as to the bank account from which the payment for the goods originates. For individuals, the 6th European VAT directive or Article 283-1 of the CGI are not applicable, the collected VAT provision is therefore applied as such.
12.2. Editing of Invoices: on request, AZ MACHINERY SLU will provide the customer with a deposit invoice, or provisional invoice (numbered P). After control, delivery, and payment of customs duties, customs clearance costs, the final invoice will be sent to the customer.
Article 13 - Installation, Assembly, Commissioning and Maintenance
13.1. Conditions relating to the assembly of equipment and their commissioning on customer site. Except for specific written conditions, the conditions applicable for the assembly of equipment on customer sites are as follows: The customer is notified by email of the scheduled intervention dates for the installation of the equipment on its premises. The intervention dates of the teams of technicians concerned by it are blocked in the schedule and reserved for the entire duration of the site. As soon as he becomes aware of it, the customer must take the necessary steps to provide the workers with the means of access allowing access with the equipment to the exact place of installation planned, the means of handling allowing movement, assembly , assembly and possible pit of the equipment. He undertakes to provide on site an electrical supply allowing the use of the technicians' power tools as well as the connection and commissioning of the equipment concerned. He prepares beforehand the technical ducts or pits that may be necessary for the installation of the equipment according to the recommendations issued by AZ MACHINERY in advance.
13.2. Subcontracting: Depending on the geographic areas concerned, AZ MACHINERY-SLU will be able to involve one of its local subcontractors to perform the agreed assembly intervention.
13.3. Payment of assembly services: Unless special conditions, full payment of the assembly service must be made before the start of the intervention at the customer. Upon receipt of payment, AZ MACHINERY-SLU integrates the intervention concerned into the technicians' schedule according to the availability of technicians and other ongoing projects.
13.3.2. Waiting time on site: It is agreed that the customer gives priority access to workers present on site to the handling means necessary to carry out the agreed assembly. Otherwise, the corresponding waiting times, travel and additional accommodation costs will be billed to the customer according to the following flat-rate scales:
Hourly rate, standard technician waiting time (Mechanical - Hydraulic): 97 € HT / Hour
Hourly rate, Electro-Technician waiting time (Electricity): 127 € HT / Hour
Travel costs: actual invoicing
Accommodation costs: 95 € HT / night / Technician.
13.3.3. The time spent relating to the fulfillment of access conditions on classified or protected sites, prevention plans, obtaining access badges, preliminary meetings and others will be invoiced in addition to the customer at the same rates as the waiting times on site.
13.4. Commissioning: Commissioning is carried out by the technicians intervening at the end of the work site once assembly is complete, before their departure. In the case of a balance agreed with the customer on commissioning, the customer must pay the balance of the payment and provide proof of payment to the person in charge of the on-site response before proceeding with the connection and setting up. hardware service. Security and signage around the installed equipment systematically remaining the customer's responsibility. For customers wishing to carry out a compliance visit through an approved body, it is up to the customer to organize this at his own expense.
13.5. Image rights: Unless otherwise specified by the customer, it is agreed that the customer authorizes AZ MACHINERY-SLU, to use in the context of its commercial operations, technical training and product improvements, the images of the equipment installed at the customer's premises.
13.6. Maintenance: The maintenance of the installed equipment is excluded from the assembly service. This is the subject of an optional maintenance contract, reserved only for equipment installed by AZ MACHINERY-SLU.
Article 14 - Suspension and dissolution
14.1. In the event of non-payment or incomplete payment of the invoice by the due date referred to in Article 5.1, the seller has the right to suspend any new agreement or current agreement with the buyer.
14.2. The seller has the right to suspend compliance with these obligations if it appears after the conclusion of the agreement that the buyer will not respect a substantial part of his commitments following a significant reduction in the means enabling him to comply with this part of its commitments, its credibility, its behavior in compliance with its obligations under this agreement. If the seller suspends the agreement, he must immediately notify the buyer of this suspension.
14.3. If it becomes clear to the seller, before performance, that the buyer is guilty of a material breach, the seller has the right to declare the agreement terminated.
Article 15 - Miscellaneous
15.1. A possible invalidity of one of the provisions of the agreement will not exert any influence on the validity of the other provisions. The parties will make every effort in mutual consultation to replace the clause declared void by a valid clause having, if possible, the same economic impact as the clause declared void.
15.2. The agreement excludes any other applicability of the general or specific conditions of the purchaser. Any contrary condition opposed by the buyer will, therefore, in the absence of express acceptance, be unenforceable against the seller, regardless of when it may have been brought to his attention.
15.3. This agreement cancels and replaces all verbal or written agreements, contracts, proposals and commitments having the same object, as described in the special conditions, and which would precede the date of this agreement.
15.4. The following are considered working days for the application of this agreement: weekdays from Monday to Friday inclusive, unless these days are statutory holidays.
15.5. Customs clearance costs: 20% of the amount excluding VAT of the free material.
Article 16- Cancellation - Withdrawal
16.1. Any order confirmation made is considered firm and final.
16.2. Concerning individuals, a withdrawal period of 7 calendar days is taken into account, in the event of canvassing on the part of the seller.
16.3. An order confirmation is considered: validation by fax, email, deposit check, purchase order, pro-forma invoice, quote, etc.
16.4. Regarding the sale or rental to professionals, no withdrawal period can be considered.
16.5. In the event of cancellation of an order, the customer agrees to pay the seller a minimum cancellation penalty of an amount equivalent to 30% of the amount excluding tax of the equipment ordered.
16.6 In the event of payment of a deposit or full payment made with the order, it will be retained in full by the seller, and invoiced as an order cancellation penalty.
16.7. Any deposit deposited constitutes acceptance of the order for the material (s) mentioned on the offers, estimate or invoice, as well as these specific general conditions of sale. The deposit excludes the obligation of written order confirmation, which has the value of an order form.
16.8 VAT, the prices displayed are in € excluding VAT, the Applicable VAT is 20%, French VAT according to the tax obligations of foreign companies represented for tax purposes in France. The Professional Customer duly registered for intra-community VAT, therefore pays 20% VAT by reverse charge, application of the provisions of Article 21-1-a of the 6th European VAT Directive or Article 283-1 of the CGI. It is expressly agreed that the customer has to provide AZ MACHINERY SLU with a Valid VAT number, corresponding to the Legal Entity confirming the order, as well as to the bank account from which the payment for the goods originates. In the event of a breach of any of these obligations, AZ MACHINERY will automatically cancel the order placed in accordance with Article 14.6 of these GTC
Article 17 - Condition precedent
17.1. If the seller gives credit to the buyer, the agreement is subject to the condition precedent of obtaining the agreement of the credit company within 60 calendar days of the conclusion of the agreement. The buyer will communicate the decision of the credit company to the seller within fifteen calendar days of the decision of this company. Without prejudice to the provisions stipulated in the special conditions and in derogation from Article 1.2 of these general conditions, the agreement may not enter into force in all respects until after having received the agreement of the credit company. If the credit company does not give its agreement, the agreement will be considered null and void and non-existent. In this case, the buyer has no right to claim damages.
Article 18 - Applicable law - jurisdiction
18.1. For anything that is not expressly regulated by the general conditions or the special conditions, the parties refer to ANDORRAN law which governs this agreement.
The application of the Vienna Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
Article 19 - Jurisdiction
19.1. All different relating to the interpretation and execution of these general conditions and special conditions fall under the exclusive jurisdiction of the courts of the head office of the seller.
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