General terms and conditions of sale
1. REMIT OF THE GENERAL TERMS AND CONDITIONS OF SALE
These general terms and conditions of sale are automatically applicable to the sale of any of the following products:
TYVA ENERGIE battery solutions
- TYVA LITHIUM Lithium-ion batteries and battery packs
- TYVA MODULOO modular batteries
- TYVA POWER battery chargers
- BMS and PCM TYVA BMS
The sale is deemed to have been concluded on the date of acceptance of the order by TYVA ENERGIE
Prior to this date, these terms and conditions of sale have been made available to the Buyer, as indicated under article L. 441-6 of the Commercial Code.
All orders imply the unreserved acceptance of the general terms and conditions of sale which will prevail over all other conditions, excluding those which were expressly accepted by TYVA ENERGIE.
Estimates issued by TYVA ENERGIE are valid for 1 month and are provided at no cost for the Buyer. They constitute the special terms and conditions which complete or modify these general terms and conditions where applicable.
Any order, so as to be taken into account, should be made in writing or sent by email to TYVA ENERGIE.
188 Avenue Ferdinand Janvier
Tel : 04 26 30 80 79
Email : email@example.com
Acceptance of an order by TYVA ENERGIE is the result of issue of an acknowledgement of receipt sent to the Client. From this date, all orders are considered as firm and definitive.
Delivery is undertaken:
- either by direct issue of the merchandise to the Buyer
- or at the place indicated by the Buyer on the purchase order.
The deadline for delivery indicated at the time of registration of the order is only given as a guide and is not guaranteed in any manner whatsoever.
Consequently, any reasonable delay in delivery of products may not lead to the following for the Buyer:
- award of compensation
- order cancellation.
Failing delivery within the delivery lead time indicated hereinabove, notwithstanding in the case of force majeure, the Buyer will be automatically entitled to request, if it sees fit, termination of the sale, without prior notice, pursuant to article 1610 of the Civil Code.
The delivery lead time indicated is also automatically suspended by any event outside the control of TYVA ENERGIE and leading to delay to delivery.
In all instances, delivery within the lead time may only take place if the Buyer is up to date in all of its obligations towards TYVA ENERGIE.
Immediately upon leaving the premises of TYVA ENERGIE, the Buyer accepts all risks of loss and damage from the time of handling of the products by it or the shipper, notwithstanding redress against the latter. Notwithstanding any special provisions included in the estimate, the Buyer will accept all risks for shipment of merchandise, without any possible redress against TYVA ENERGIE, even in the event of dispatch free of port.
From delivery, all risks pertaining to the products are transferred to the Buyer.
If, at the time of the estimate, the packaging is indicated as belonging to TYVA ENERGIE, it should be returned by the client, free of port, to the place of dispatch, within a period of 30 days after delivery. Packaging which is the property of TYVA ENERGIE and is damaged by the client or shipper is billed to the client.
TYVA ENERGIE hereby reserves the right to select the packaging in line with regulations in force for shipment of goods.
5. RECEIPT OF PRODUCTS
The Buyer will accept the costs and risks of transportation of sold products, after their delivery.
The Buyer should check the compliance of products delivered with products ordered at the time of receipt and ensure the lack of any apparent defects. If no claim or reserve is made in this regard by the Buyer as at the date of receipt of the products, said products may no longer be accepted back or exchanged, pursuant to the provisions set forth under article 1642 of the Civil Code.
In the event of an apparent defect or non-compliance of products delivered with those ordered and observed by the Buyer as at the date of receipt, TYVA ENERGIE undertakes to replace the products delivered by new products identical to the order.
The practical terms and conditions for return and replacement of the delivered products will be notified, as and when necessary, to the Buyer.
Costs incurred by the acceptance and delivery of new products is solely and exclusively payable by TYVA ENERGIE.
Notwithstanding express terms and conditions inherent to the sale, the price of products sold is that which appears in the price catalogue as at the order date. These prices are firm and definitive as at this date. They are given in euros and exclusive of VAT, delivery and packaging included.
6.2. Payment terms
Payment for orders is undertaken as follows:
- either by bank transfer
- or by credit/debit card
- or by cheque
Notwithstanding any stipulation to the contrary in the estimate, payment is made in full upon receipt of the invoice. No reduction will be granted in the event of an early payment.
Under no circumstances whatsoever may payments due to TYVA ENERGIE be suspended or reduced or offset without the written consent of TYVA ENERGIE.
In the event of payment by cheque, handling costs of 20 euros including VAT may be invoiced to the Client.
Failing payment on the due date, penalties equal to one and a half times the legal interest rate in force as at the order date will be applied from the first day of the delay.
These penalties will however only be payable from receipt of a notice served by recorded delivery letter with acknowledgement of receipt.
In pursuance with articles 441-6 of the Commercial Code and D. 441-5 of the Commercial Code, any payment delay will automatically lead, in addition to these late payment penalties, to an obligation for the debtor to pay a fixed rate compensation of 40 euros for recovery.
All payments made to TYVA ENERGIE are offset from amounts due regardless of the reason, beginning with the oldest.
Failing payment of an amount at its due date, TYVA ENERGIE may automatically terminate the sale, thirty (30) days after service of notice remaining without remedy, without prejudice for all compensation likely to be requested by TYVA ENERGIE.
TYVA ENERGIE will publish, from receipt of the order, a single copy of an invoice to be sent to the Client.
The invoice will include those indications mentioned under article L. 441-3 of the Commercial Code.
7. RESERVATION OF OWNERSHIP
Products are sold subject to ownership.
TYVA ENERGIE reserves ownership of products until full and effective payment of the price by the Buyer.
In the event of any default in payment on due date, TYVA ENERGIE may reclaim the products and terminate the sale, as indicated hreinabove.
Cheques and bills of exchange are only considered as payment from their actual clearance.
Until this time, the reservation of ownership clause is effective.
These provisions do not hinder the transfer of risks over sold products at the time of delivery.
The Buyer hereby undertakes, until full payment of the price, subject to immediate reclaim of the products by TYVA ENERGIE, not to transform or incorporate said products, nor to re-sell or pledge the latters.
8. FORCE MAJEURE
The liability of TYVA ENERGIE may not be implemented if the default in performance or delay in performance of any of the obligations set forth in these general terms and conditions of sale results from a case of force majeure. Consequently, force majeure is understood as any external, unpredictable and irresistible event as defined under article 1148 of the Civil Code.
Notwithstanding any stipulation to the contrary, and without prejudice for the obligation to provide a legal warranty, or due to a hidden defect, pursuant to article 1641 of the Civil Code, TYVA ENERGIE offers a twelve month warranty from the date of delivery of its Products. This warranty only covers repair or replacement of defective Products.
So as to implement this warranty, the Buyer should notify TYVA ENERGIE in writing of the Product defects, and provide due justification.
The warranty is not applicable:
- To elements which, due to the nature of their material or function suffer natural wear and tear (reduced technical performance, loss of nominal capacity in Ah).
- In the instance of damage or accidents which result from modification or use of the Product, or default in respect by the Buyer of installation, user or maintenance guides, or a lack of supervision, storage or maintenance, or due to negligence of the Buyer, or due to installation or use which does not comply with rules of the trade, or use which does not comply with the intended us, as well as default in payment or incomplete payment by the Buyer.
TYVA ENERGIE expressly rules out its liability for any material and/or immaterial damages, direct or indirect, and any compensation for financial prejudice notably resulting from operating losses or profits, hindrance of a right, suspension of a service by any person or asset, insofar as this exclusion is compatible with legislative provisions in force, the essential character of the item or public order.
The civil liability of TYVA ENERGIE, for all causes, with the exception of direct corporal damages and gross misconduct by it, is limited to amounts received for the sale undertaken pursuant to these general terms and conditions of sale
11. NOMINATIVE INFORMATION
Pursuant to the data protection and freedom of information act of 6th January 1978, information requested from the Client is required for processing an order and intended for TYVA ENERGIE services. The Client has a right to access personal data held about it. Upon request, this data may be sent and, in the event of an error, or modification, rectified. The Client may also object to this information being sent to third parties by sending a letter to TYVA ENERGIE.
12. APPLICABLE LAW
These general terms and conditions of sale are governed by French law, The language of this contract is French.
13. JURISDICTIONAL CLAUSE
All disputes pertaining to interpretation and performance of the sale of products will fall within the exclusive remit of AUBENAS Commercial Court.