General terms and conditions of sale

TYVA ENERGIE SAS, with capital of 50,000 euros, registered at the Chamber of Commerce in Aubenas registration number 797880325 and head office at Parc d’activités Marenton 3, 11 rue des Sources, 07100 Annonay.

Email address: info@tyva-energie.com

Intracommunity VAT number: FR 20 797880325

 

1. Scope of the General Terms of Sale

These General Terms of Sale (hereinafter “GTS”) and any specific contractual terms indicated on the estimate constitute the sole basis of the commercial relationship between the parties, pursuant to Article L.441-1 of the Commercial Code.

Their purpose is to define the terms under which TYVA Energie supplies its products (hereinafter the “Products”) to its business customers (hereinafter “Customers”). TYVA Energie supplies its Products exclusively to private businesses, legal entities only or bodies governed by public law. TYVA Energie does not sell and does not deliver to consumers.

Any other document from TYVA Energie, such as catalogs, brochures, advertisements, or instructions, is for informational purposes only and has no contractual value. TYVA Energie also reserves the right to update the website and these GTS at any time.

 

2. Order

2.1. Making the Contract

“Order” must be understood to mean any order for the Products, as described in the sales offers or estimates provided by TYVA Energie, and accepted in writing by the Customer.

The estimates and sales proposals made by TYVA Energie are valid for one month and are made free of charge for the Customer. They constitute the special terms that supplement or may even modify the GTS.

The Customer agrees that the person placing the order is authorized to place orders with TYVA Energie. TYVA Energie cannot be held liable for any dispute over an order placed by an unauthorized individual.

To be accepted, all orders must be placed in writing or sent by email to the attention of TYVA Energie, directly to the sales contact or the following email address: info@tyva-energie.com

Our contact details:

TYVA Energie

Parc d’activités Marenton 3

11 rue des Sources

07100 Annonay

Tel: +33 (0)4 26 30 80 79

Email: info@tyva-energie.com

The sale is considered made at the date on which the order is accepted by TYVA Energie.
Prior to that date, these GTS have been made available to the Customer, as indicated in Article L. 441-6 of the Commercial Code.

All orders signify unreserved adherence to these GTS, which prevail over all other terms, except for the specific contractual terms indicated on the estimate that were expressly accepted by TYVA Energie.

When placing its order, the Customer agrees to give TYVA Energie correct and up-to-date information, especially as to the delivery address. TYVA Energie reserves the right to bill additional costs to the Customer if the Customer provided incorrect information when placing its order and specifically if there is an error in the indicated delivery address, causing a redelivery by the carrier.

 

2.2. Special cases

Due to the administrative costs of processing orders, we cannot accept any orders under three hundred (€300) euros before tax (not including shipping costs). They can be placed directly on our website mytyva.com subject to availability of Products.

Any costs of tools and their procurement incurred for specialty fabrications will be payable entirely by the Customer.

To give an estimate, TYVA Energie bases its estimate on the technical information supplied by the Customer in the document entitled “Specifications” for sizes, scheduling and tests of batteries. If one or more pieces of information is found to be different or incorrect between the “Specifications” and the Customer’s technical requirement at time of delivery, TYVA Energie cannot be held liable for any malfunction of the products sold. The time and components necessary to make technical changes will be the subject of an additional estimate.

TYVA Energie reserves the right to cancel an order, even after confirmation, if the payment guarantees offered by the Customer seem insufficient, and it cannot be required to pay any compensation.

 

3. Delivery

3.1. Time Frames and Terms

The delivery time frame is specified in the specific contractual terms, comprised by the estimate.

Moreover, the indicated time frame will be automatically suspended by any event beyond the control of TYVA Energie that results in delaying the delivery.

In any event, on-time delivery can occur only if the Customer is up to date in all its obligations toward TYVA Energie. In any event, TYVA Energie cannot be held liable for delayed delivery or non-delivery ascribable to incorrect information supplied by the Customer when placing his order.

Products are considered to have been delivered once they are made available to the buyer at the destination on the arriving means of transportation, without being unloaded (DAP) at the delivery address that was indicated when placing the order.

 

3.2. Shipping Zones

TYVA Energie delivers its Products anywhere in the world; however, the countries on the following “Delivery Exceptions” list are excluded. TYVA Energie reserves the right to update this list.

Delivery Exceptions:

  • Syria
  • Iran
  • Myanmar
  • North Korea
  • Cuba
  • Sudan
  • Democratic Republic of the Congo
  • Russia
  • Ukraine
  • Belarus
  • Somalia
  • Zimbabwe

 

3.3. Shipment – Transfer of Risks

The delivery may be made:

Either by direct handover of the merchandise to the Customer (EXW) – pursuant to terms and agreement of TYVA Energy in advance. The Customer must provide for an appropriate means of loading.

Or at the place indicated by the Customer when placing the order (DAP).

Barring specific arrangements made in the estimate, Products are considered to have been delivered once they are made available to the buyer at the destination on the arriving means of transportation, without being unloaded (DAP) at the delivery address that was indicated on the estimate.

The Customer will handle the customs formalities, paying the import duties and taxes owed, and unloading the merchandise at the destination.

If the Products are delivered by direct handover to the Customer (EXW), it will be up to the Customer to follow all shipment and security instructions provided by TYVA Energie. Once the Customer takes charge of the Products, TYVA Energie cannot be held liable for damage to the Products, the Customer or third parties, except in cases of negligence or gross misconduct.

 

4. Packing

TYVA Energie reserves the right to choose the packing according to the regulations in force for shipping the merchandise. Please consult the document attached to these GTS to find out the regulations in force for packing lithium ion batteries.

If, in the estimate, the packing is indicated as being the property of TYVA Energie, the Customer must return it, free of charge, to the place of shipment, within a period of thirty (30) days after

delivery. Packing owned by TYVA Energy that is damaged by the Customer or the carrier will be billed to the Customer.

  1. Receiving of Products
    Upon receipt, the Customer must verify that the Products delivered match the Products ordered and that there is no apparent defect.If the Customer makes no claim or reservation in that regard on the day the Products are received, those Products may no longer be taken back or exchanged, pursuant to Article 1642 of the Civil Code.

In the event of apparent defect or if the Products delivered do not match the Products ordered as reported by the Customer within twenty-four (24) hours after receipt, TYVA Energie agrees to replace the delivered Products with new Products identical to the order.

The practical terms of returning and replacing the delivered Products will be specified to the Customer in timely fashion.

The costs of taking back the defective Products and delivering the new Products will be payable exclusively by TYVA Energie.

 

6. Price

6.1. Price

Barring express special terms, the prices of the Products sold are those that appear in the estimate on the day of the order. Those prices are firm and final at that date. They are expressed in euros and do not include tax, delivery or packing costs. Consequently, the costs of delivery and packing, the VAT rate applicable on the date of the order according to the country where the Customer has its head office and any new tax instituted will be added to them.

 

6.2. Terms of Payment

Orders will be paid for:

Either by France transfer

Or by check

Unless otherwise stipulated in the estimate, payment will be made in cash upon receipt of the invoice. No discount will be granted for advance payment.

Under no circumstances may the payments owed to TYVA Energie be suspended or undergo any reduction or offset without the written consent of TYVA Energie.

In the event of payment by check, administrative costs in the amount of twenty (€20) euros may be billed to the Customer in addition. Checks will be considered as payments only once they clear.

 

6.3. Delays in Payment

If payment is not made when due, penalties equal to once and a half times the statutory interest rate in force on the date of the order will be applied as of the first day of delinquency.
However, those penalties will be payable only upon receipt of a formal notice sent by registered letter with delivery confirmation.

Pursuant to the provisions of the Commercial Code, in addition to these late penalties, any delay in payment will automatically entail an obligation for the debtor to pay flat-rate compensation of forty (€40) euros for collection charges.

Any payment that is made to TYVA Energie will be allocated toward the sums owed on any basis, starting with those that have been owed the longest.

If the price is not paid when due, TYVA Energie may automatically void the sale thirty (30) days after a formal notice has produced no effect, without prejudice to any damages that TYVA Energie may claim. Voidance of the sale is accompanied by a penalty clause as compensation consisting of payment of the sale price. TYVA Energie also reserves the right to suspend all other orders that the Customer may have in progress.

 

6.4. Billing

Upon receipt of the order, TYVA Energie will prepare a single-copy invoice sent to the Customer by email at the address provided at the time of the order, which the Customer expressly accepts.

The invoice will contain the information indicated in Article L. 441-9 of the Commercial Code.

 

7. Reservation of Ownership

Products are sold under reservation of ownership.

TYVA Energie retains ownership of the Products until the Customer makes full and effective payment of the price.

In the event of nonpayment, TYVA Energie may claim the Products immediately if it sees fit and may void the sale, under the conditions provided in Article 6.3.

Until that date, the reservation-of-ownership clause will remain fully in effect.

In spite of these provisions, the risks for the products sold will transfer upon delivery.

 

8. Subcontracting

TYVA Energie reserves the right to subcontract all or part of the order. In any event, TYVA Energie will assume liability for consequences of its faults, errors or omissions, and the faults, errors or omissions of any subcontractors that cause direct damage to the Customer.

 

9. Force Majeure

TYVA Energie may not be held liable if nonperformance or delay in performance of one of its obligations described in these GTS derives from a case of force majeure. Accordingly, force majeure will be understood to mean any external, unforeseeable and unavoidable event within the meaning of Article 1218 of the Civil Code.

 

10. Warranty

The terms of warranty of the Products are defined in a specific attachment to these GTS entitled GTWU (General Terms of Warranty and Use), which you can find at the following address on our website: https://mytyva.com/terms-generales-de-garantie-et-dutilisation-des-produits/

 

11. Liability

TYVA Energie will not be held liable in the event that the Product is not compliant with the laws of the country in which the Customer uses the Product. The Countries for which our Products are not approved are:

  • Syria
  • Iran
  • Myanmar
  • North Korea
  • Cuba
  • Sudan
  • Democratic Republic of the Congo
  • Russia
  • Ukraine
  • Belarus
  • Somalia
  • Zimbabwe

 

TYVA Energie reserves the right to update this list.

TYVA Energie may not be held liable for any direct or indirect damage caused by act of God or force majeure when the sale contract is being performed.

TYVA Energie will not be held liable for insubstantial differences between the photographs of the Products ordered on the Website and the Products delivered. In addition, TYVA Energie reserves the right to make any changes in its manufacturing that it deems useful or appropriate with no obligation to make those changes to Products already delivered or on order.

The nominal energy and capacity of our batteries are given for information purposes but are not contractual and may vary depending on usage, storage and operating temperature, and technical specifics of the cells of the manufacturers.

In addition, it will not be the responsibility of TYVA Energie to evaluate whether the Products chosen are suitable for the ultimate use for which the Customer intends them. Therefore, TYVA Energie may not under any circumstances, be held liable of the consequences of using its Products outside the Product usage cases listed in the TYVA Energie General Terms of Warranty and Use (GTWU), which can be viewed at the following link https://mytyva.com/terms-generales-de-garantie-et-dutilisation-des-produits/ or resulting from an inappropriate choice by the Customer, or any damage resulting from the handling of the Products, incorporating them into an assembly, adding them to those of other suppliers, their shipment or storage.

In any event, and regardless of the basis of its liability, TYVA Energie will not under any circumstances be required to indemnify for intangible damage, indirect damage, or damage that was unforeseeable at the time the sale contract was signed with the Customer.

For all types of damage combined, the liability of TYVA Energie will be limited under conditions of common law and coverage of its liability insurance contract.

 

12. Personal Information

Pursuant to law No. 78-17 of January 6, 1978 regarding data processing and freedoms, the information that is requested of the Customer is necessary to processing its order and is intended for the TYVA Energie offices.

The Customer may consult the Confidentiality Policy at https://mytyva.com/politique-de-confidentialite-des-donnees-personnelles/ to find out the conditions of collection, storage and processing of its personal information and the rights attached thereto.

 

13. Applicable Law – Court of Jurisdiction

These GTS are subject to French law. Any disputes over the interpretation and performance of sales of Products will be under the exclusive jurisdiction of the Commercial Court of Aubenas.