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General terms and conditions of sale

conditions/générales/de/vente

The general terms and conditions of sale below are the law of the parties. Systematically brought to the customer’s attention and applicable to all our sales or work, they prevail over all purchase terms and conditions, unless we explicitly and formally grant a waiver.

Orders are only considered to be permanently accepted by ALOREM after receipt of a written order form and confirmation from ALOREM by acknowledgement of receipt. It is this confirmation that will indicate the specific conditions and in particular the payment terms and conditions. Any modification that may be the subject of an additional charge will then be forwarded to the customer for approval.

IN THE EVENT OF A CHANGE TO ORDERS, ALL PARTIALLY FULFILLED ORDERS WILL BE INVOICED.

Unless otherwise accepted by us and agreed in writing, the placing of an order implies the customer’s acceptance of the terms and conditions below without reserve or restriction.

A form must be completed for IBC inspections. It must be returned completed to ALOREM dated and signed by the customer and serves as a purchase order before work is carried out. The order is only accepted by ALOREM when the confirmation is sent by Acknowledgement of Receipt specifying the IBC inspection start date.

The customer must then send its tanks to our ALOREM BEYNOST site. All tanks must be empty: both the internal tank and the containment. Failing this, emptying costs will be charged. The tank round-trip transport is at the customer’s expense. On request, ALOREM can organise the transport, the costs remaining at the customer’s expense.

The inspection service only includes the required checks and tests on the IBCs, the supply of a new user manual, a duplicate of the packaging performance certificate and an inspection certificate issued by ALOREM. Defective parts, missing equipment or equipment that requires replacing on the IBC will be the subject of an additional estimate to be validated by the customer before the work is carried out. For any IBC that does not pass the inspection, an estimate for the repair or replacement of the IBC will be drawn up for validation by the customer before the work is carried out.

There is a form for the inspection of metrological distributors (EMLAE). It must be returned completed to ALOREM dated and signed by the customer and serves as a purchase order before work is carried out. Any order form sent before the 15th of the month may be processed the following month provided that the distributor’s validity date expires during that same month.

The service only includes the inspection and verification of the distributor by an operator at the customer’s site, the labour and operator travel and the application of an inspection result label.

Any additional services provided during the intervention that are needed to validate the distributor’s compliance will be invoiced to the customer (e. g. provision of a metrology logbook, initial verification, etc.).

Any replacements of defective parts on the distributor will be subject to an estimate to be validated by the customer before the work is carried out.

On the day of the intervention, all the conditions indicated on the form signed by the customer and accepted by ALOREM must be met. Any costs incurred for non-compliance with these prerequisites will be invoiced. If the distributor is not accessible on the day of the intervention, a second visit to the site will be scheduled by ALOREM, the additional labour and travel costs will be charged to the customer.

There is a form for the inspection of metrological distributors (EMLAE). It must be returned completed to ALOREM dated and signed by the customer and serves as a purchase order before work is carried out. Any order form sent before the 15th of the month may be processed the following month provided that the distributor’s validity date expires during that same month.

The service only includes the inspection and verification of the distributor by an operator at the customer’s site, the labour and operator travel and the application of an inspection result label.

Any additional services provided during the intervention that are needed to validate the distributor’s compliance will be invoiced to the customer (e. g. provision of a metrology logbook, initial verification, etc.).

Any replacements of defective parts on the distributor will be subject to an estimate to be validated by the customer before the work is carried out.

On the day of the intervention, all the conditions indicated on the form signed by the customer and accepted by ALOREM must be met. Any costs incurred for non-compliance with these prerequisites will be invoiced. If the distributor is not accessible on the day of the intervention, a second visit to the site will be scheduled by ALOREM, the additional labour and travel costs will be charged to the customer.

Late delivery cannot be refused by the customer, nor entitle to compensation or cancellation of ongoing orders.

ALOREM is authorised to make complete or partial deliveries.

IF THE DELAY IS DUE TO THE BUYER, THE GOODS WILL BE INVOICED ON AVAILABILITY DURING THE CONTRACTUAL PERIOD AND STORAGE COSTS WILL BE INVOICED PER CALENDAR DAY.

All ALOREM commitments are suspended in the event of a force majeure event: war, riots, fire, snow and extreme cold, floods, strikes, accidents, impossibility of being supplied, interruption of transport, partial or total unemployment… ALOREM will inform the customer of the cases and events listed above in a timely manner.

Our products are considered to be sold ex works.

They travel at the risk and peril of the consignee, who must take the necessary measures and issue reserves to the carrier in the event of deterioration of the goods or missing goods, even in the event of a transport paid sale.

FOR DAMAGED OR SUSPECTED DAMAGED EQUIPMENT ON DELIVERY, A REGISTERED LETTER MUST BE SENT TO THE CARRIER WITHIN 48 HOURS AND A COPY SENT TO THE SELLER’S HEAD OFFICE ALOREM – 350, ROUTE DE THIL – D61B – 01700 BEYNOST – FRANCE – AND WE MUST BE NOTIFIED BY TELEPHONE ON +33 (0)4 78 88 20 04. THE RESERVES MUST BE WRITTEN ON THE DELIVERY NOTE.

Any dispute concerning visible defects, quality or conformity of the supplied equipment must be made within two business days of delivery, by registered letter with acknowledgement of receipt.

In these cases, duly noted by ALOREM, the buyer may obtain the free replacement of defective parts, excluding any compensation or damages.

Normal wear and tear, incorrect use or incorrect choice of product type void our warranty.

ALOREM WILL NOT ACCEPT ANY RETOUCHING OR REPAIR INVOICES FROM THE BUYER WITHOUT ITS PRIOR AGREEMENT.

The warranty applies to the normal use of the product. It therefore covers defects linked to the materials and manufacturing or assembly defects. The warranty begins the day after the delivery date, for a maximum period of 5 years except for pumps and accessories for which the maximum duration will be 1 year and for Adblue® tanks for which the maximum duration will be 2 years. To benefit from this warranty, the buyer must notify ALOREM by registered letter with acknowledgement of receipt within the planned deadline. After having duly noted the operating defects as defined, ALOREM then undertakes to replace the defective parts, excluding any compensation or damages for any reason whatsoever. When sending spare parts, the customer bears the shipping costs.

The user manual provided with each tank, to be kept, specifies the warranty conditions in more detail.

  1. ALOREM warranty validity:

The ALOREM warranty only applies to the first product user customers and only applies to new products.

The ALOREM warranty will no longer be effective if work and/or repairs and/or replacement of original parts or an alteration have been carried out on the product; or as the result of an incorrect customer choice.

  1. Exclusions from the ALOREM warranty:

The following are excluded from the ALOREM warranty:

  • Wear parts of which the regular replacement is necessary, such as: batteries, pumps and tank accessories: e. g. (gauge, cap…) which benefit from a shorter warranty (see conditions above), sets of coals, cables, fuses, consumables etc. which do not benefit from any warranty;
  • damage caused by a cause external to the product such as: shock, fall, improper use and/or installation, handling error, humidity, excessive heat, any impregnation by a liquid;
  • damage resulting from a failure to comply with maintenance and operating instructions;
  • normal wear and tear such as it does not affect the daily use or safety of the product;
  • damage that does not impact the proper operation of the product, in particular aesthetic damage, such as scratches, scrapes, etc.;
  • damage for which a third party is liable or resulting from intentional or fraudulent conduct;
  • costs and/or damage caused by the poor quality of the product’s power supply, such as: defective electric voltage, voltage error, etc.;
  • damage resulting from the use of unsuitable accessories or accessories not intended for use on the tank, or incorrect assembly;
  • damage, parts and costs caused by the lack or poor maintenance of the equipment, such as regular inspections not carried out within the prescribed time limits,
  • The warranty does not apply to equipment that has suffered damage due to external aggression such as weather or natural events (lightning, floods, earthquakes, etc.) or acts of vandalism.

Tanks sold second-hand are excluded from any warranty.

An invoice is issued for each delivery and sent after the delivery or at the end of the month (as soon as the service has been provided).

Whatever the method of payment, invoices are payable to the seller’s head office ALOREM – 350, ROUTE DE THIL – D61B – 01700 BEYNOST – FRANCE. Unless otherwise stipulated in the Acknowledgement of Receipt, our invoices are payable on receipt (unless otherwise agreed in writing by ALOREM) and without discount.
For the first order, full payment will be requested before delivery, or a down payment on presentation of a pro forma invoice.
In the case of payments by bill of exchange, they must be sent to us within eight days.
A payment is not the simple delivery of a commercial paper or cheque involving an obligation to pay, but their actual payment on the agreed due date. Unless otherwise specified, the prices indicated on our price lists, proposals, acknowledgements of receipt and invoices are expressed in Euros.

In the event of late payment, ALOREM may suspend all pending orders without prejudice to any other course of action. Any amount not paid on the due date indicated on the invoice, whether identical to that indicated on the general terms and conditions of sale or not, will result in the application of penalties equal to 5 times the legal interest rate. These penalties will be payable upon simple request by ALOREM. The amount of this late payment interest will be automatically deducted from any discounts, rebates or reductions due by ALOREM. In the event of default, forty-eight hours after formal notice has remained unsuccessful, the sale will be automatically terminated if ALOREM deems it appropriate, and ALOREM may initiate summary proceedings for the return of the products, without prejudice to any other damages or costs. The termination will cover not only the order in question but also all previous unpaid orders, whether delivered or in the process of being delivered and whether or not payment is due. In the event of payment by commercial paper, the failure to return the paper will be considered as a refusal of acceptance equivalent to a payment default. Similarly, when payment is made in instalments, failure to pay a single instalment will result in the entire debt becoming due, without formal notice. In all the above cases, the sums due for other deliveries, or for any other reason, will become due immediately if ALOREM does not opt for the termination of the corresponding orders. The flat-rate compensation for recovery costs in the event of late payment is €40. The buyer will refund all costs incurred in the contentious recovery of sums due, including the fees of legal officers.

Under no circumstances may payments be suspended or offset in any way without ALOREM’s prior written consent. Any partial payment will first be deducted from the non-privileged part of the debt, and then from the sums for which the due date is the earliest.

If our company has reasons to suspect the insolvency of the buyer, it may at any time require such financial guarantees it considers necessary or modify the terms of payment. In the event of refusal, our company may cancel the order or terminate the part remaining to be fulfilled.

All sold goods remain the property of our establishment until the buyer has fulfilled all its obligations and especially until full payment of the price.

Our establishment may avail itself of the application of this clause eight days after formal notice by registered letter with acknowledgement of receipt to the buyer which has not been effective during this period.
This clause does not prevent the risks for the goods from being transferred to the buyer as soon as they are delivered.

In the event of bankruptcy, liquidation or receivership, pending orders will automatically be terminated without notice if the goods have not yet been delivered. If the goods have been delivered, our establishment reserves the right to claim ownership in accordance with the provisions of the French 13 July 1967 Act amended by Act No. 80 335 of 12 May 1980.

All technical and commercial documents handed to our customers remain the exclusive property of ALOREM, the sole owner of the intellectual property rights to these documents and they must be returned on request.

Our customers undertake not to make any use of these documents that may infringe the industrial or intellectual property rights of our company and undertake not to disclose them to any third party. They undertake to refrain from using them with competitors to obtain other proposals.

In the event of disputes relating to a supply or its payment, as well as concerning the interpretation of the above terms and conditions, the Bourg-en-Bresse commercial courts will have sole jurisdiction.