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GENERAL TERMS AND CONDITIONS OF SALE

Version 2 – 01/2021

1 - PREAMBLE

These general conditions are applicable to any contract for the sale on-line of materials/ equipment/ goods/ products/ services, hereinafter “the Products”, signed by the company FILLON TECHNOLOGIES, hereinafter referred to as “the Seller" and the customer, hereinafter “the Customer” subject to the amendments that either side may make to it by an express agreement recorded in writing and to the exclusion of any other documents of the Customer and in particular its own general terms and conditions of purchase.

2 - ORDER

2.1 The Customer places its order online from the on-line catalogue and by using the form which can be found on the website. The sections mentioned in the form (product references, quantity, delivery address, delivery type,...) must all be completed. The payment of the products ordered inclusive of VAT as well as the transport costs must be made at the same time by credit card or by bank transfer in accordance with article 7 below.

So that the order can be confirmed, the Customer must accept these terms and conditions of sale by clicking in the space indicated on the website. As a result, the Customer acknowledges that the placing of the order and acceptance of the general terms and conditions of sale constitute a firm and final acceptance of the general terms and conditions of sale as well as of the prices and descriptions of the products available for sale. Following its acceptance a confirmation email will be sent by the Seller as indicated below.

2.2 The contractual information will be confirmed by e-mail no later than the delivery or failing that, to the address indicated by the buyer on the purchase order.

2.3 In certain cases, such as an incorrect address or another problem concerning the Customer’s account, the Seller reserves the right to hold back the order until the problem has been resolved.

3 - ELECTRONIC SIGNATURE

The online payment for the full price and the confirmation of the order will serve as evidence of the Customer’s agreement as well as the signature and acceptance of all the transactions performed.

4 - PROOF OF THE TRANSACTION

The computerized registers, which are stored in the computer systems of the Seller in properly secured conditions, will be considered as proof of the communications, orders and the payments which have occurred between the parties. The purchase orders and invoices are archived using a reliable and sustainable system so that they can be produced as evidence.

5 - CANCELLATION PERIOD

Because the Customer is a professional buying as part of and for the needs of its business, the cancellation period stipulated by the consumer code is not applicable.

6 - PACKAGING

The prices listed on the Seller’s website on the day of the order are valid for goods packed in standard boxes.

7 - PRICE - PAYMENT METHOD

Prices are in Euros, exclusive of VAT, on basis Incoterm ICC 2020 FCA and are determined by the price applicable on the day when the order was placed. The VAT applicable on the day of the order as well as the delivery costs, which are invoiced additionally, will be indicated before the order is confirmed. The payment of the full price must be made when ordering by:

-credit card in accordance with the terms and conditions indicated on the website,

-bank transfer, it is up to the Customer, to whom the Seller has given its prior consent to use this payment method, to make all the necessary arrangements with its bank for the payment of the full price to the bank account of the Seller.

The Seller reserves the right to suspend any order which is being processed and any delivery in the event of the non-payment of all or part of the price.

8 - RETENTION OF TITLE

the transfer of ownership of the goods only occurs after full payment of their principal price and additional costs and interest, in accordance with article  L 624-16 of the commercial code

In the event of the Customer failing to pay all or part of the price, the Seller shall be entitled to claim payment for the goods sold or to obtain their return, with the costs and risk being for the Customer, and without prejudice to its right to terminate any sales in progress.

The Customer must therefore ensure that the goods are stored correctly, that they are insured against damage and loss, and in the event of their total or partial destruction even as a result of an Act of God, force majeure or because of the actions of a third party, have them repaired or replaced, in accordance with article 1137 of the Civil Code.

As long as the ownership of the goods has not been transferred to the Customer, the Customer shall undertake not to grant to a third party any collateral guarantee whatsoever over these goods or to transfer them to a third party without the prior agreement of the Seller.

These provisions shall not impede the transfer to the Customer, once the goods have been released, of any risks of loss and damage caused to the goods, in accordance with article 8.1 of these general terms and conditions.

9 - DELIVERY

9.1 Terms of delivery and transfer of risk and costs

9.1.1 Terms of delivery

Deliveries are made according to Incoterm ICC 2020, DAP or FCA, defined between the parties.

Deliveries are made in standard packaging as defined above.

9.1.2 Transfer of risks and costs

The risks, as well as the costs, will be transferred to the Customer according to the applicable Incoterm ICC 2020 and notwithstanding the retention of title clause provided for below.

9.2 Delivery or availability schedules

The delivery times given are indicative and start to apply once the Customer has provided the Seller with all the technical information necessary for the fulfilment of the order, and has put in place the credit and/or payment terms stipulated in writing between the parties. Late deliveries may not give rise to interest and damages, deduction, or cancellation of current orders by the Customer.

In any case, the Seller is exempt from any liability in the event of late deliveries caused by force majeure.

In the event of such a case lasting more than 30 days, as of the date of its occurrence, the sales contract may be cancelled by the first party to act, without any of the parties being able to claim for interest and damages.

9.3 Receipt of Products

9.3.1 Shipment of Products organized by Fillon

In the event that the Customer appoints the Seller to manage the shipment of the Products, it is the Customer's responsibility to inspect the Products upon receipt. Any anomaly concerning the Products (missing Product, erroneous reference, damage or apparent defect) must be noticed by the Customer in the form of handwritten, clear, precise and complete reservations on the consignment note, of which the Customer shall keep a copy, in accordance with Article 6.3.3 below.

9.3.2 Collection by the Customer or its carrier

The Customer, or the carrier appointed by him, is required to check the number of packages or pallets (if the packages are palletized) and the conformity of the references with the order, as well as the absence of apparent defects when picking up the goods from the Seller.

Consequently, any anomaly concerning the Products (erroneous reference, missing product, apparent defect) must be noticed by the Customer or its carrier, in the form of handwritten, clear, precise and complete reservations on the delivery slip, in accordance with Article 6.3.3 below.

9.3.3 Claim

9.3.3.1 For France

It is up to the Customer, in the case of visible damage caused by transport or in the event of a shortfall, to issue upon delivery, on the delivery receipts, explicit reserves which clearly show the nature of the damage or the shortfall quantity.

These reserves must be confirmed to the carrier by registered letter with acknowledgement of receipt within three days after delivery, in accordance with the provisions of article L.133 - 3 of the Commercial Code, with a copy sent to the Seller.

Claims regarding visible defects or non-conformities concerning the delivered product must be mentioned on the delivery notes and must be made to the Seller by registered letter with acknowledgement of receipt within 3 days of the arrival of the products. It is the responsibility of the Customer to provide any proof in respect of the existence of the defects or abnormalities that have been recorded.

9.3.3.2 For the international market

It is up to the Customer, in the case of visible damage caused by transport or in the event of a shortfall, to issue upon delivery, on the delivery receipts, explicit reserves which clearly show the nature of the damage or the shortfall quantity.

In the case of non-visible damage, the Customer may send clear and precise reservations in writing to the carrier, with a copy to the Seller, within seven days from the day after delivery, in accordance with the provisions of Article 30.1 of the CMR convention.

10 - CUSTOMS FORMALITIES

As the Seller is not authorized to perform such formalities, the export customs formalities will be subcontracted to a Registered Customs Representative, the cost of such export declaration will be borne by the Seller in accordance with the Incoterm FCA or DAP, with the Customer bearing the import customs formalities and associated costs. The Customer's carrier will have to go to the Registered Customs Representative to retrieve the document if the paper format is required. If the electronic format is sufficient, the Seller will send the document to the Customer by e-mail as soon as it is available.

11 - GUARANTEE - LIABILITY

FILLON TECHNOLOGIES guarantees its equipment against defects either in materials or workmanship that occur during normal use of the equipment for a period of 24 months.

Fillon Technologies' general warranty terms and conditions are specified as an appendix to these general terms and conditions of sale.

12 - APPLICABLE LAW AND JURISDICTION CLAUSE

These general terms and conditions of sale are subject to French law.

In the event of any dispute arising between the Seller and the Customer, express attribution of jurisdiction is given to the Courts whose jurisdiction applies at the location of the registered office of the Seller.

 

WARRANTY

Version 5 – 18/12/2020                                                          

WARRANTY PERIOD

FILLON TECHNOLOGIES guarantees its equipments against defects either in materials or workmanship that occur during normal use of the equipment for a period of 24 months. This warranty starts on the invoice date.

The warranty on spare parts shall apply for a period of 6 months from the invoice date.

Wear parts and consumables are not guaranteed

(see Consumables - Wear Parts document in our user manuals)

SCOPE OF THE WARRANTY

The free repair of the part recognised as being defective in the plant or its exchange, is at the choice of FILLON TECHNOLOGIES and possible repairs of damage caused by the defect to other parts of the equipment.

The Warranty does not apply / does not cover:

  • In case of an accident, malice, negligence, failure to comply with the conditions of use and maintenance defined by FILLON TECHNOLOGIES, use of supplies that do not meet the prescribed criteria.
  • The warranty does not apply in case of defects caused by the installation and layout of the premises, the electrical installation or voltage quality and, generally, for any damage related to the environment of the equipment.
  • The warranty does not cover defects caused by damage that occurs during transport or mishandling, from the place of risk transfer, as defined in the contract.
  • Items of equipment that have been subject to a transformation, and the consequences (malfunction, degradation, wear, etc.) of the transformation on other parts of the equipment
  • The warranty does not apply to indirect consequences of a possible defect (operating loss, downtime, etc.).
  • Elements considered as consumables such as belts, fuses, lamps, wheels, Plexiglas parts and seals.
  • In case of the use of parts and consumables not approved by FILLON TECHNOLOGIES.
  • The consequences of installing approved parts without complying with the recommendations of FILLON TECHNOLOGIES
  • Damage caused by force majeure events: fire, lightning, floods, earthquakes.
  • FILLON TECHNOLOGIES assumes no commitments or responsibilities other than those stated in these warranty conditions.

HOW DOES THE WARRANTY WORK?

Any warranty claim must be sent to the After-Sales Service of FILLON TECHNOLOGIES or to the local authorised service provider, providing full details of the circumstances and nature of the defect.

The defective element must be returned to FILLON TECHNOLOGIES according to the After-Sales Service of FILLON TECHNOLOGIES.

The buyer bears the costs and risk of transport to the establishments of FILLON TECHNOLOGIES.

The repaired or exchanged part is reshipped by FILLON TECHNOLOGIES.

The disassembly and reassembly of exchanged or repaired parts are performed by staff trained for this purpose.

If the intervention of FILLON TECHNOLOGIES on site falls outside the scope of the warranty, the costs of labour, travel and accommodation will be charged by FILLON TECHNOLOGIES at the rates in force.

The parts replaced under the warranty are only covered for the duration of the warranty remaining on the equipment.

Warranty against hidden defects

Under Articles 1641 et seq. of the Civil Code, FILLON TECHNOLOGIES is responsible for hidden defects of goods sold.

Availability of spare parts:

Availability of spare parts for a period of 5 years from the invoice date.

Discontinuation of product distribution :

The supply of components (stirring shelves, working surfaces, backstorage shelves, snap on platforms...) is limited to 1 year after the date of a product commercialization discontinuation.

SPECIAL CONDITIONS FOR THE DAISY WHEEL

In addition to the general conditions, the following conditions apply for the Daisy Wheel:

Bottles and caps are covered by a warranty of a specific duration or a maximum number of uses (whichever expires first):

0.5l and 1l bottles

Maximum number of fillings = 40

Maximum duration of use = 24 months

0.5l and 1l caps

Maximum duration of use = 24 months

The warranty does not cover:

  • The consequences of a change in the network configuration (connections, addresses, change of password) and the uninstallation of the software necessary for the operation of the equipment (cf Network configuration - Installation rules)
  • The consequences of an installation, without respecting the ATEX zoning, in the premises of the Customer, which remains the decision-maker and responsible for the installation of the equipment.
  • Malfunctions and damage related to the layout of the premises, the electrical and pneumatic installation, voltage quality and, generally, the environment of the equipment.
  • Malfunctions and damage generated by the use of paints not configured for the Daisy Wheel by FILLON TECHNOLOGIES or by variations of the mechanical properties of these paints (viscosity, etc.).
  • The consequences of improper use of the equipment (untrained staff, negligence, malice) and non-compliance with the conditions of use (no stirring and filtration of paints during the bottle filling phase, etc.) or misuse of the equipment.
  • Damage or defects due to non-compliance with FILLON TECHNOLOGIES’ maintenance recommendations (Daisy Wheel pop-up pilot software, documentation, annual review).

Availability of spare parts:

Availability of spare parts for a period of 5 years from the invoice date.

Annual maintenance:

The performance of the annual review operation does not extend, in any case, the initial warranty period of 24 months.