Article 1 – Disclaimer
In order to improve the quality of its products, the company POOL TECHNOLOGIE (hereinafter “POOL TECHNOLOGIE”) reserves the right to modify, at any time and without prior notice, the characteristics of its productions. The sketches, photos, texts, and illustrations appearing in the catalogues, as well as any other communication materials, are provided for information purposes only and may under no circumstances be considered contractual.
Any reproduction or representation, even partial, by any means whatsoever, of pages published in printed or electronic catalogues or on POOL TECHNOLOGIE’s website, made without POOL TECHNOLOGIE’s written authorization, is unlawful and constitutes copyright infringement.
Article 2 – General Provisions
These general terms and conditions of sale apply to the commercial relations between POOL TECHNOLOGIE and professional resellers, hereinafter referred to as “the Client” or “the Clients.” They do not apply in any way to contractual relations between resellers and their customers or end users.
The Client and POOL TECHNOLOGIE mutually acknowledge that they are professionals regarding the products sold by POOL TECHNOLOGIE (hereinafter “Products”). The present GTC are available on the POOL TECHNOLOGIE website (https://pool-technologie.com), in the catalogue, and may be provided to the Client upon request to allow them to place an order. Consequently, placing an order implies full and unconditional acceptance by the Client of these GTC, to the exclusion of any other documents and in particular the Client’s own general purchasing terms. No special condition may prevail over the GTC unless expressly agreed in writing and in advance by POOL TECHNOLOGIE. Any contrary condition imposed by the Client, in the absence of express acceptance, shall therefore be unenforceable against POOL TECHNOLOGIE regardless of when it was brought to its attention.
The Client accepts that POOL TECHNOLOGIE may subsequently and reasonably amend these GTC and that their relationship will always be governed by the latest version in force on the date of the order. This version cancels and replaces all previous versions.
Article 3 – Orders
3-1 No one may claim any tacit agreement from POOL TECHNOLOGIE. Any order from the Client must be placed in writing (email, letter) and must specify the desired delivery address, billing address, order number, order date, references, quantity, and specifications relating to the Products. An order containing incomplete or incorrect information may lead to errors or delays that cannot be attributed to POOL TECHNOLOGIE.
3-2 Unless otherwise stated, POOL TECHNOLOGIE’s offers and quotations are valid only for the month following their issuance. In this case, the contract is formed only upon the Client’s unconditional acceptance of the terms indicated in the quotation. The Client expresses consent by returning the signed quotation via email or mail, or by placing an order explicitly referencing the quotation.
3-3 An order is valid only after its acceptance by POOL TECHNOLOGIE, materialized through the issuance of an order acceptance notice. If the Client does not contest the acceptance notice in writing within 48 hours after its issuance, the order becomes final.
3-4 Any order placed with POOL TECHNOLOGIE and accepted under these conditions becomes contractual and cannot be modified or cancelled without POOL TECHNOLOGIE’s prior consent. In case of a cancellation request made by the Client more than 48 hours after issuance of the acceptance notice, POOL TECHNOLOGIE reserves the right to invoice the cost of raw materials and labour already committed for the execution of the Contract, without prejudice to the right to claim damages.
3-5 The benefit of the Contract is personal to the Client and cannot be assigned in any manner without POOL TECHNOLOGIE’s prior written consent.
Article 4 – Prices
4-1 The unit prices provided are expressed in Euros, excluding taxes, and are Ex Works (EXW, ed. 2010) from POOL TECHNOLOGIE’s warehouses. Prices may be revised without notice, notably due to currency fluctuations or any other factor affecting the cost of raw materials or labour. POOL TECHNOLOGIE will inform the Client, and the updated prices will then apply to future orders.
ECO-CONTRIBUTION: Prices are exclusive of eco-contribution. In France, a flat-rate eco-contribution is applied to the unit sale price on the invoice. As it is not a tax, VAT applies to this contribution.
4-2 Any order may be subject to a deposit, the amount of which varies depending on the Products, before manufacturing and/or delivery. The applicable deposit amount is indicated in the Contract. Delivery of the Products is suspended until full payment of the deposit. The remaining balance must be paid under the conditions below.
Article 5 – Payments
Invoices are payable in cash, without discount, at the address indicated on the invoice statement.
In the context of ongoing commercial relations and after approval by POOL TECHNOLOGIE’s credit insurer, invoices are payable, without discount, by L.C.R. (letter of exchange) submitted directly for collection, without prior acceptance, and within 30 days end of month from the invoice date.
If this is refused, deliveries will only be made after payment before shipment or cash on delivery.
POOL TECHNOLOGIE reserves the right, in case of deterioration of the Client’s solvency based on objective data, to adjust payment terms, set a credit limit, and/or require payment guarantees or advance payment.
After simple notification by registered letter with acknowledgment of receipt, POOL TECHNOLOGIE may suspend or cancel current orders, refuse new ones, or require cash payment.
Article 6 – Loss of Term – Late Payment Penalties
6-1 Failure to pay any due amount automatically makes all POOL TECHNOLOGIE’s receivables immediately payable, without prior formal notice.
6-2 If the Client has not fulfilled their obligations, POOL TECHNOLOGIE may refuse to sell, unless the Client provides satisfactory guarantees or payment before delivery of the Products.
6-3 Any late payment automatically incurs a late penalty equal to three (3) times the legal interest rate.
6-4 Any late payment also automatically incurs, without formality, a fixed recovery fee of 40 euros.
If recovery costs exceed 40 euros, POOL TECHNOLOGIE reserves the right to request additional compensation upon justification.
In case of judicial recovery, a lump-sum indemnity equal to 20% of the Product price will be owed by the Client, in addition to all recovery costs incurred.
Article 7 – Delivery Costs and Lead Times
7-1. Costs
Unless otherwise provided, products—excluding export sales—are delivered to the Client according to the Incoterm EXW POOL TECHNOLOGIE’s factory (ICC 2020), unless otherwise expressly agreed. Thus, if POOL TECHNOLOGIE arranges transport to the location indicated in the Contract, it acts solely as the Client’s agent. Transport costs are invoiced to the Client.
In the case of cash-on-delivery shipments, any collection fees charged by the carrier are payable by the Client.
Export sales are carried out under the FCA Incoterm at the loading location: customs formalities and costs are borne by the Seller, but the Buyer bears transport costs, as the Products are made available on the Seller’s premises, who handles loading.
7-2. Delivery lead times
Delivery times are always provided for information only, without guarantee. Any delays may not give rise to damages, penalties, order cancellation, or refusal of the Products.
FROM THE TIME THEY ARE DELIVERED UNDER THE CONDITIONS OF ARTICLE 7, THE PRODUCTS ALWAYS TRAVEL AT THE CLIENT’S OWN RISK. POOL TECHNOLOGIE STRONGLY RECOMMENDS THAT THE CLIENT TAKE OUT INSURANCE FOR RISKS RELATED TO THE TRANSPORT OF THE PRODUCTS OR CONSULT POOL TECHNOLOGIE IF THE CLIENT WISHES POOL TECHNOLOGIE TO HANDLE THIS ON THEIR BEHALF.
In the event of a dispute during delivery by the carrier, it is the recipient’s responsibility:
a. To note on the carrier’s delivery receipt, after unpacking the Product, the observed issue (e.g., missing package, broken package, wet package…) and to describe the damage to the Product as precisely as possible, it being understood that any mention such as “subject to unpacking” will not be enforceable against POOL TECHNOLOGIE.
b. To confirm to the carrier, in accordance with Article L.133-3 of the French Commercial Code and within the time limits provided therein, the reservations noted on the receipt, by registered mail with acknowledgment of receipt, with a copy sent to POOL TECHNOLOGIE.
c. To send POOL TECHNOLOGIE, as soon as possible, a copy of the signed delivery receipt as well as a copy of the registered letter sent to the carrier.
WARNING: No claim will be accepted unless the three points above have been strictly complied with.
POOL TECHNOLOGIE is not obliged to take back a Product returned for a reason not attributable to it. Except under specific conditions and without POOL TECHNOLOGIE’s prior written agreement, no return of a Product will be accepted.
In any case, the return of a Product, once accepted by POOL TECHNOLOGIE, must:
a. Occur within eight days from the date of acceptance by POOL TECHNOLOGIE
b. Concern a Product listed in POOL TECHNOLOGIE’s professional catalog in effect at the time of return
c. Be subject to a request for a return authorization (RMA procedure)
d. Have been granted prior written approval from POOL TECHNOLOGIE
e. Be accompanied by the RMA authorization
f. Be shipped prepaid in the original packaging
Products returned under these conditions will systematically be subject to a 15% deduction with a minimum flat charge of €50.
WARNING: Failure to comply with the above conditions will result in either refusal of the return or acceptance of the Product with a 30% deduction from the invoiced price. In addition, after technical inspection, an additional deduction may be applied in the event of incomplete or damaged Products. For returns due to a Client ordering error, outbound shipping expenses remain at the Client’s expense.
Products sold by POOL TECHNOLOGIE comply with the required technical specifications and (i) with European Union regulations for European models and (ii) with U.S. and Canadian regulations for North American models.
Certain Products manufactured and sold by POOL TECHNOLOGIE are covered by a contractual warranty for a duration starting from delivery within the meaning of Article 7 of the General Terms and Conditions of Sale (GTCS), the duration varying depending on the Product range as defined at:
[URL omitted as per instructions].
In such cases, POOL TECHNOLOGIE guarantees the conformity of the Products to the Contract under the following terms and limitations.
Without prejudice to the exclusion cases applicable to each Product, the warranty does not apply in the event of a defect arising from:
Electrolysis cells will not be replaced under warranty if:
For dosing devices, the following components are considered wear parts: Santoprene pump tubing, pump rollers, tubing, injector.
The use of multi-acids (pH-) containing hydrochloric acid voids the warranty.
Electronic housings will not be covered if exposed to excessive corrosive environments, particularly due to acid (pH-) or unvented liquid chlorine containers nearby.
Loose tightening of cell cable terminals may cause electrical damage not covered under warranty.
Any defect must be reported to POOL TECHNOLOGIE within 8 days of its occurrence, by registered mail with acknowledgment of receipt. The Client must allow POOL TECHNOLOGIE full access to inspect and remedy the defect.
The warranty covers repair, by POOL TECHNOLOGIE in its workshops, of manufacturing or material defects. Removal, reinstallation, and transportation costs are excluded.
In all cases, POOL TECHNOLOGIE’s liability is limited to the replacement of defective parts; no compensation may be claimed for material, bodily, or other damages.
IMPORTANT: The Client acknowledges that instructions, user manuals, installation and maintenance notices, and any documentation may be provided in digital form. Paper versions may be requested.
IMPORTANT: Replacement of parts under warranty does not extend the original warranty period.
Availability of spare parts: After the end of marketing of a Product or product range, spare parts availability equals the duration of the initial contractual warranty.
POOL TECHNOLOGIE and the Client recognize each other as professionals. The Client acknowledges that POOL TECHNOLOGIE is a supplier of equipment to be integrated into a functional system by the Client.
As a pool professional, the Client is solely responsible for choosing the Product, integrating it properly, and using it correctly following the user manual, industry standards, applicable regulations, and the expected result.
POOL TECHNOLOGIE has no obligation of result; only a best-effort obligation.
Any claim related to the execution of a sale must be notified by registered letter with acknowledgment of receipt within twelve (12) months from the alleged breach. After this period, no claim may be brought.
POOL TECHNOLOGIE may always remedy non-conformity by replacing or repairing the Product.
IN ANY CASE, EXCEPT IN THE EVENT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, POOL TECHNOLOGIE’S LIABILITY IS LIMITED TO THE REPLACEMENT, REPAIR, EXCHANGE WITH A NEW OR REFURBISHED PRODUCT, OR REFUND OF THE DISPUTED PRODUCTS. LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY THE CLIENT FOR THE PRODUCTS.
POOL TECHNOLOGIE shall not be liable for indirect or immaterial damage such as loss of business, customers, revenue, data, moral or commercial harm, or brand image.
Contractual obligations are suspended in cases of force majeure. If such an event lasts more than sixty (60) days, the Contract may be terminated by either party without compensation.
The following are contractually considered force majeure and exempt POOL TECHNOLOGIE from liability: production/storage accidents, supply interruption, carrier failure, fire, flood, machine breakdown, total/partial strike, cyberattacks, administrative decisions, third-party actions, war, or any external event rendering performance impossible or excessively costly.
POOL TECHNOLOGIE may terminate the Contract automatically, by registered letter with acknowledgment of receipt, in the event of total or partial non-performance by the Client, particularly failure to pay, or violation of intellectual property rights, thirty (30) days after a formal notice remaining unaddressed.
If the breach is not remediable, termination may occur immediately. No compensation shall be owed by POOL TECHNOLOGIE.
15-1 Unless expressly stated otherwise, the contract does not transfer any intellectual property rights associated with the Products, trademarks, logos, databases, texts, graphics, images, audio files, videos, or any other protected elements. All remain the exclusive property of POOL TECHNOLOGIE.
All plans, documents, technical data, manuals, samples, and related intellectual property also remain exclusive to POOL TECHNOLOGIE.
The Client acquires only a right to use the results protected by POOL TECHNOLOGIE’s intellectual property rights.
Any other use requires POOL TECHNOLOGIE’s prior written consent.
The Client must not infringe POOL TECHNOLOGIE’s rights.
The Client guarantees that materials provided by them do not infringe third-party rights and indemnifies POOL TECHNOLOGIE in case of claims.
15-2 The Client authorizes POOL TECHNOLOGIE to use its name and logo as a commercial reference.
15-3 The Client may only use POOL TECHNOLOGIE’s trademarks or materials with prior written authorization and solely to promote resale of the Products.
Any use must respect POOL TECHNOLOGIE’s graphic guidelines.
Documents provided remain POOL TECHNOLOGIE’s exclusive property and may not be disclosed to third parties without prior consent.
16-1 The Client is informed and accepts that POOL TECHNOLOGIE may store, process, and use order-related data in accordance with applicable data protection regulations.
The Client is invited to consult POOL TECHNOLOGIE’s privacy policy at:
https://pool-technologie.com/politique-de-confidentialite/
16-2 Each party is solely responsible for damages resulting from its own breach of data protection obligations.
POOL TECHNOLOGIE’s unique identifier(s) under the extended producer responsibility system are listed below:
FR003114_01YHIQ
18-1 If any provision of these GTCS is deemed invalid, the remaining provisions remain in effect.
18-2 Failure by POOL TECHNOLOGIE to enforce a provision does not constitute a waiver of future enforcement.
18-3 In case of dispute, electronic documents are considered original and valid evidence.
18-4 In case of ambiguity between these GTCS and their English version, the French version prevails.
These GTCS and all relations with the Client are governed exclusively by French law.
ANY DISPUTE ARISING FROM OPERATIONS COVERED BY THESE GENERAL CONDITIONS, NOT RESOLVED WITHIN THIRTY (30) DAYS FROM NOTIFICATION BY THE MOST DILIGENT PARTY, SHALL FALL UNDER THE EXCLUSIVE JURISDICTION OF THE COMMERCIAL COURT OF LYON, WHICH THE CLIENT EXPRESSLY ACCEPTS.
The Client’s own purchasing conditions, place of signature, or other exemptions shall not override this jurisdiction clause.
By placing an order, the Client is deemed to know and accept these GTCS and agrees to comply with the installation instructions and applicable standards in the destination country.
STÉRILOR
ZAC. LES JASSES, 115 RUE DE L’OLIVERAIE
34130 VALERGUES - FRANCE
A brand of the group Nextpool
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