Terms and Conditions
1. Scope and Applicability
These general terms and conditions shall be applicable to any activity, and in particular any repair, performed by NIKKEN TECHNO France ("NTF"), a company. Placement of any order with NTF by the Customer entails the full and unconditional acceptance of these general terms and conditions. Any specific term that may be inconsistent with these general terms and conditions shall only be binding on the parties if expressly agreed in writing by NTF.
NTF shall use its reasonable endeavors to meet any specified delivery schedule, notwithstanding which, completion dates are provided for information purposes only. The Customer shall not, in any event, be entitled to rely on any delay in order to cancel any order, whether in whole or in part, nor to claim any damages or interest.
a) Any quotation is subject to any required disassembly being performed in order to identify the nature of any defect and the availability of spare parts. The amount of any quotation may be revised if the condition of the inside of the unit reveals defects that cannot be detected by a mere visual examination or any latent defect.
b) In the event that a quotation is rejected, the following fixed price amounts shall be due: Photographic equipment and accessories: 15 minutes' labor plus return shipping; Sound equipment, musical instruments and related products: 30 minutes' labor plus return shipping; Video equipment and accessories, video projectors, and related products: 1 hour's labor plus return shipping; Any other product: 15 minutes' labor plus return shipping.
c) Repairs shall only be carried out following receipt of written acceptance of the quotation: IN NO EVENT SHALL ANY AGREEMENT MADE OVER THE TELEPHONE BE BINDING. * NTF shall not be held liable for any failure or delay in supplying items on the part of its own suppliers. * NTF reserves the right to decline to perform a repair (before or after preparing a quotation) or to return equipment without repair (e.g., in the event of corrosion). In the event that NTF declines to perform a repair, only return shipping costs will be payable. * Following expiry of a period of 12 months, NTF shall not be liable for any equipment in respect of which it has provided a quotation that has not received any response, nor for any equipment which has been repaired but not collected.
NTF provides a warranty in respect of all parts and goods that it supplies and sells against any manufacturing defect. NTF's warranty is strictly limited to its own services and goods that it has supplied. Any warranty claim is subject to an express, written claim on the part of the Customer, to be submitted during the warranty period and subject to the postage-paid return of the defective product. The warranty shall remain in force for a period of six months, save for the "minor repair" package, which is not subject to any warranty. During the warranty period, repairs shall be performed free of charge to the extent that they relate to a product or service provided by NTF. Any repair arising as a result of a failure in respect of which the Customer has been notified of the risk, following which the Customer has declined to proceed with a repair, shall be chargeable. The warranty shall not apply in respect of any damage arising from an even of force majeure, normal wear an tear, inappropriate use, nor for any damage due to any accident, negligence, incorrect fitting or assembly, repairs performed by the Customer or any third party, or resulting from storage conditions that are incompatible with the nature of the products, or if the operating conditions as specified in the manufacturer's instructions have not been complied with or have not been followed with due care and skill. Spare parts and accessories that are sold separately shall not be subject to any warranty, nor may they be returned or exchanged. NTF shall not be held liable for any accident or incident arising from any defective fitting or any improper use of repaired products. In the case of repairs performed under manufacturer's warranty, and following repair, the initial warranty shall be extended by the period during which the product was unavailable in the workshop.
Any goods, including where they are shipped with free postage, are transported at the Customer's risk, and the Customer shall be responsible for using appropriate packaging and ensuring that they are delivered complete and undamaged, including where such goods are collected by NTF. In the event of any loss or damage, the Customer shall be responsible for checking any shipment upon arrival and, where applicable, shall raise a claim with the courier, including where goods are shipped postage paid. In the event that goods are shipped by NTF, they may be shipped carriage free or postage due, at the most suitable rate, save where the Customer specifically requests otherwise in writing, and in any event, at the Customer's sole risk. In the event that multiple items are shipped within a single package, the courier's label must list them on the outside of the package. Where a warranty claim is made, the cost of shipping goods to NTF shall be at the Customer's cost; return shipping costs will be met by NTF. For any out-of-warranty repair, all shipping costs, in any direction, shall be paid by the Customer in their entirety. Save where the Customer has an open account with NTF, the Customer shall pay all return shipping costs before goods are shipped.
6. Payment terms
In the absence of specific provisions to the contrary, all invoices shall be paid net and free from deductions or, in the event that the Customer has an open account with NTF, on the tenth day of the month following the reference date on the statement of account. Payment due dates may not be delayed for any reason whatsoever, including in the event of a dispute. It is expressly agreed that any failure of any product, or any repairs that may be required, shall not in any event constitute a justification for delayed payment or non-payment of any sums due from the Customer. Any application to open a trade account shall be subject to validation, and NTF reserves the right to decline any such application. In the event of any late payment with reference to the specified payment dates, any sums due shall bear interest at three percentage points above the base rate of the Banque de France, without prejudice to the fact that such debt shall be due on demand.
7. Data Protection
Any computerized data in relation to any repair or activity shall be processed solely for internal purposes by duly authorized personnel of NTF. You may access any data relating to you, in order to view, change, or delete such data by submitting an e-mailed request to firstname.lastname@example.org
8. Miscellaneous Provisions
Failure by NTF to enforce any of the provisions of these General Terms and Conditions at any time may not be interpreted as a waiver of the right to enforce such terms and conditions at any later date. Any term not addressed by these General Terms and Conditions shall be subject to the General Terms and Conditions of Sale of the Federation of Mechanical and Metal Processing Industries.
9. Choice of Law and Jurisdiction T
he Parties expressly agree that any dispute between them, whatever its origin or nature, shall be subject to the exclusive jurisdiction of the courts sitting at Lyon, including in the event where there are multiple defendants. All relationships between the parties shall be exclusively governed by French law. In the event that these General Terms and Conditions are translated into a language other than French, only the French version shall be deemed an original document. Provisions in force with effect from February 1st, 2015.