GTC

These terms and conditions are the property of REPTURN. Any reuse, even partial, is expressly forbidden. The offender exposes himself to legal proceedings on the part of REPTURN.

Article 1: Purpose

The purpose of the present general conditions of intervention is to define the conditions under which REPTURN provides its professional clients (hereinafter referred to as the “Client”), under the contract concluded between REPTURN and the Client to which the present general conditions of intervention are appended (hereinafter referred to as the “Contract”), with maintenance services relating to the electronic equipment identified in the Contract (hereinafter referred to as the “Equipment”).

Intervention” or “Service” refers to all maintenance services performed by REPTURN on on-board electronic equipment.

Consequently, the fact of placing an order implies the Client’s full and unreserved acceptance of these general conditions, to the exclusion of all other documents such as catalogs, prospectuses, etc. issued by REPTURN and which only have an indicative value. Any contrary condition opposed by the Client will, therefore, in the absence of express acceptance, be unenforceable against REPTURN, regardless of when it may have been brought to its attention.

The fact that REPTURN does not take advantage, at a given moment, of any of the present general conditions cannot be interpreted as a renunciation to take advantage of any of the said conditions at a later date.

Article 2: Quotations

Offers are valid for one calendar month from their date of issue; after this period, REPTURN reserves the right to refuse or revise its deadline and price.

In the event of no response from the Customer within three months of the quotation date, the equipment will be considered abandoned. REPTURN will then take care of its destruction and recycling, without the Client being able to claim any indemnity or compensation of any kind whatsoever.

Article 3: Orders

By order, we mean any estimate duly completed and accepted by the Client concerning the Services, established by REPTURN. The Client will return the signed quote to REPTURN with the mention “bon pour accord”.

The customer may place an order via the www.repturn.com website, following the process in force on the site.

All orders are firm and definitive. Any order modification requested by the Client can only be taken into consideration if it is received in writing by REPTURN and if REPTURN has expressly accepted it.

Additional supplies to the order will be the subject of a new contract specifying the relevant prices, conditions, deadlines, etc.

Article 4: Prices and terms of payment

4.1 Prices are those indicated on the quotation. Prices are expressed in euros, exclusive of tax, on the basis of the rates in force at the time the order is placed.

Prices do not include delivery charges.

REPTURN may modify its prices at any time. The price guaranteed to the Customer is the one in effect on the day of the order.

4.2 Invoices are payable in cash, unless otherwise agreed. No discount is granted for early payment.

4.3 In the event of late payment, REPTURN may, after having sent a registered letter with acknowledgement of receipt, on the one hand suspend the delivery and execution of all or part of the services in progress, and on the other hand refuse any new service, without prejudice to any other course of action.

In accordance with art. L441-6 of the French Commercial Code, any delay in payment will give rise, at REPTURN’s discretion, to late payment from the first day of delay:

Late payment interest, calculated on all outstanding amounts, equal to 3 times the legal interest rate,

To the application of a flat-rate indemnity for collection costs of 40 euros (European Directive 2011/7 of February 16, 2011, Law 2012-387 of March 22, 2012 and Decree 2012-1115 of October 2, 2012),

Where the collection costs incurred exceed the amount of this fixed indemnity, additional compensation will be requested, on justification.

REPTURN will be entitled to ask the Client for a fixed indemnity, as a penalty clause, corresponding to 12% of the amount of the sum not paid on its due date, without prejudice to any other damages and interest.

Article 5: Maintenance

5.1 REPTURN only performs corrective maintenance on the Equipment entrusted to it, which consists for REPTURN in restoring one or more pieces of equipment to working order in the event of an anomaly or breakdown.

The Client acknowledges and accepts that REPTURN may subcontract all or part of its services.

Within the framework of its services, REPTURN implements all the means necessary to restore the Equipment on which the interventions are carried out to normal operating condition: manpower, test equipment, tools and, if necessary, supply of spare parts, new or equivalent, to replace defective equipment elements.

5.2 Intervention times on equipment are given as an indication. Under these conditions, REPTURN cannot be held responsible for delays or disruptions it may cause.

Article 6: Non-repair of Equipment(s)

If for various technical or material reasons, the maintenance operation on the Equipment(s) cannot be carried out (impossibility of repairing the Equipment(s) for technical reasons or previous intervention by a third party), REPTURN cannot be held responsible for any immobilization, loss of commercial exploitation, towing of vehicle(s) concerning the vehicles containing the Equipment(s).

As the repair is preconditioned by a thorough technical feasibility study, the Client is fully aware of the uncertain nature of the possible repair before being sent to REPTURN.

Similarly, a component of a piece of equipment becomes obsolete to maintain when the manufacturers’ supply circuits have dried up. In such cases, REPTURN cannot be obliged to find spare parts if it does not have any of its own.

REPTURN cannot be held responsible for the non-repair of equipment in the cases listed above.

In case of impossibility to repair the entrusted equipment or in case of refusal by the Client to proceed with repairs, the Equipment(s) will be, at the Client’s choice, destroyed and recycled by REPTURN or will be sent back to him upon his written request.

In the event of a request to return the Equipment(s), the Customer will be invoiced for the cost of transport (collection and return).

In the event of refusal to repair or of “non-repairable” equipment, Repturn reserves the right to invoice you a fixed charge for taking charge of the Equipment(s).

In the absence of a written request from the Client, this Equipment will be considered definitively abandoned after 3 months from receipt of the Equipment; and REPTURN will take care of its destruction and recycling.

Article 7: Loan equipment

REPTURN may, in certain cases, lend an equivalent piece of Equipment to the Customer in order to carry out additional tests or to confirm or invalidate a diagnosis.

This equipment must be returned to REPTURN after testing by the Client. The loan period may not exceed fifteen (15) days.

At the end of this period, any Equipment not returned will be invoiced to the Customer at its replacement value as shown on the quotation.

Article 8: Warranty

8.1 REPTURN guarantees the Client against any lack of conformity or hidden defect resulting from a design or manufacturing defect in the repair or replaced part.

The warranty concerns the equipment(s) on which REPTURN has intervened within a limit of one (1) year from the date of repair. The warranty is not transferable when equipment is returned under warranty. The warranty is limited to the conditions described below.

In order to assert his rights, the Client must inform REPTURN, in writing, of the existence of defects or lack of conformity.

The return of any defective equipment will be made at the Client’s expense and with REPTURN’s prior agreement. The cost borne by REPTURN may in no case exceed the amount of the service concerned. The assembly and disassembly of the equipment must be carried out by a professional.

8.2 Warranty limitations

The following are not covered by the warranty:

– An intervention by the Customer or a third party on the equipment(s) controlled by REPTURN.

– The absence of a label containing the warranty number affixed by REPTURN at the time of its intervention.

– Failure to comply with equipment specifications, connection errors and any misuse of the system by the customer or other third parties.

– Any intervention of any kind whatsoever on equipment by the Customer or any other third party using the Equipment.

The following are not covered by the warranty:

– Intervention on equipment not included in the list of equipment on which REPTURN has intervened.

– All disorders, accidents, incidents, operating losses caused by the Customer or a third party, by clumsiness, abnormal use, lack of maintenance.

Article 9: Responsibilities

REPTURN is bound only by a best-efforts obligation to carry out the mission entrusted to it. REPTURN undertakes to use all necessary means, both human and material, to carry out its services.

In case of non-performance by REPTURN of any of its obligations (in application of the present general conditions, special conditions or legal provisions), the parties expressly agree that REPTURN’s liability will be limited to direct material damages and that all immaterial damages are expressly excluded from compensation, for example and without this enumeration being limitative: loss of profits, sales, margins, revenues, loss of orders, clients, operations.

The Client cannot hold REPTURN responsible for any damage to equipment under repair. As degradation is sometimes inherent to the fact of carrying out a maintenance operation, the Client is fully aware of the damage that may be caused to the equipment.

REPTURN declares that it is insured for professional civil liability with a solvent insurance company. REPTURN limits its liability resulting from the execution or non-execution of the obligations described in the present contract, to an amount equal to the guarantee ceiling defined by the policy in force at the date of contract subscription.

“Consequently, the Client waives the right to exercise any recourse against REPTURN and its insurer beyond the limit of the sums insured and undertakes to have its insurer waive this right under the same conditions.”

Article 10: Collection – Delivery

Pick-up and delivery times and dates are given as an indication and any delays do not entitle the Customer to claim damages or order cancellation. Likewise, REPTURN is in no way responsible for delays in the routing of mail, packages or loss of mail or packages.

The customer can choose :

Drop off and pick up the Equipment yourself or arrange for a carrier;

Entrust REPTURN with the task of arranging transport.

In this case, shipping costs are borne by the Customer. Upon delivery, the Client is responsible for checking the condition of the various Equipment. No recourse may be exercised against REPTURN, the forwarding agent or the carrier, for loss, damage or deterioration suffered by the merchandise if the reserves for visible deterioration upon receipt have not been formulated with the carrier, and if this report with irrefutable probative force has not been sent to the carrier or forwarding agent within a maximum period of two days with formal notification to REPTURN within the same period.

Equipment entrusted for repair must be protected and packaged by the customer.

In any case, the Equipment to be repaired travels at the risk of the Client who bears the risks, even if the carrier is mandated by REPTURN.

If the equipment to be repaired has deteriorated on arrival at the premises compared with the description given prior to the request for repairs, the customer will be billed for the excess.

Repturn reserves the right not to accept your box if the packaging instructions are not followed and the product arrives damaged.

Likewise, if the product to be repaired is damaged on arrival and proves to be irreparable, no legal action may be taken against REPTURN.

Article 11: Disputes

These terms and conditions are governed by French law.

For any legal action, the election of domicile is made to the Commercial Court of the REPTURN head office, even in the case of multiple defendants, which is expressly accepted by the Customer.

Should any provision of these terms and conditions be deemed or declared by a court of law to be illegal or unwritten, the other provisions of these terms and conditions shall remain in full force and effect.