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Le spécialiste de la climatisation
sans unité extérieure

Terms & Conditions

ORDERS

Acceptance of our proposals implies unreserved acceptance of these terms and conditions of sale, which shall prevail notwithstanding any stipulation to the contrary that may appear on the purchaser’s order forms, general terms and conditions of purchase or any other document issued by the purchaser. The fact that the customer has not received these terms and conditions in his or her native language does not in any way exempt him or her from their application. LTB reserves the right to change or modify its general terms and conditions without personal notice to the customer and without the customer being able to claim any compensation. All orders, even those taken by our agents or representatives, are only binding on us after our written acceptance. Unless otherwise stipulated, our offers and quotations are only valid during the month following their submission. Upon receipt of our acknowledgement of order, and in the absence of any written remark from the customer within 24 hours, the order will be considered by LTB as firm and definitive under the conditions specified in the acknowledgement of order. For any order cancelled more than three working days after receipt of our order acknowledgement, LTB reserves the right to invoice 20% of the amount of the original order, excluding VAT. When the equipment has to be approved by inspection bodies or offices, the request for quotation must be accompanied by the specifications to whose clauses and conditions we must subscribe. This is mentioned on the quotation. Reception and vacation costs are always at the customer’s expense. The studies and documents we provide to our customers remain our property. Design costs are determined when the quotation is drawn up.

PRICE

In accordance with the law, our prices are quoted exclusive of tax, and the current rate of VAT is indicated on our price lists and quotations. Our prices are deemed firm for a period of validity specified on the quotation. Unless otherwise agreed by us, we reserve the right to modify our prices in line with changes in our suppliers’ prices. The minimum invoice amount is €75 excluding VAT.

DELIVERY

All deliveries are subject to the signature of the account opening document by the company’s manager and to the sending to LTB of the original of this document and of all the documents requested in the appendix. For all orders with a value less than or equal to €45,735 excluding VAT, carriage is entirely at the buyer’s expense, regardless of the place of delivery. In the event of changes to the delivery arrangements, we reserve the right to charge for any additional costs incurred. Special packaging or express shipments requested by the consignee remain entirely at the consignee’s expense. Delivery is deemed to have been made to the seller’s factories or warehouses. Goods travel at the consignee’s risk, even in the case of carriage-paid delivery.

RETENTION OF TITLE CLAUSE

In application of French law n°80-335 of May 12, 1980, the goods sold by us remain our legal property until actual and final receipt of the total sums due by the customer.

TERMS OF PAYMENT

All sales to merchants are considered to be processed and payable in Clohars-Carnoët (Finistère), without any possible derogation from this jurisdiction clause and regardless of the method of payment, place of promise and place of delivery. Our invoices are payable in cash or on customary reference, by bank transfer within thirty days of the periodic invoice date, without discount. Non-payment of an invoice by the due date automatically incurs interest at 1.5 times the bank’s prime rate plus 2 points from the due date, and legal collection of the invoice incurs a surcharge of 15% of the principal amount claimed. In addition, a flat-rate indemnity of €40 for collection costs, subject to additional compensation, is payable to the creditor in the event of late payment (Law no. 2012-387 – Decree no. 2012-1115). When payment by bill of exchange is agreed, it is understood that non-payment of a bill of exchange on its due date will result in the immediate payment of all sums remaining due, even if they are covered by bills of exchange accepted at a later date. In the event of non-payment of an invoice, we reserve the right to suspend delivery of all current or future orders, as well as the terms of payment agreed in article 4 of the customer form completed when applying for an account. We reserve the right to cancel, ipso jure and without formality, the sale of our equipment in the event of non-payment in full of any instalment of the price, eight days after formal notice has been served by registered letter with acknowledgement of receipt containing a reminder of the said resolutory clause. The goods sold remain our property until full payment of their price. In the event of repossession by us, any advance payments already made shall be forfeited to us by way of damages (law no. 80-335 of May 12, 1980). This clause forms an integral part of our terms and conditions of sale and is binding for all deliveries of material. For certain materials, we reserve the right to require a deposit at the time of order.

DEADLINE

In any event, compliance with the delivery deadline is subject to the purchaser being up to date with his obligations towards us. Delivery times are given for information only. Delays cannot give rise to damages. Our contractual obligations are suspended automatically and without formality, and we are released from liability, in the event of events such as work stoppages of any kind, lock-outs, accidents or delays, fires or accidental events, breakage of equipment (on our premises or those of our suppliers), war, riot, We are also not liable for any circumstance beyond our control or that of our suppliers which occurs after the contract has been concluded and prevents performance under normal conditions.

DISPUTES

In the event of any dispute concerning the interpretation or execution of these terms and conditions, the Quimper Commercial Court shall have sole jurisdiction, even in the event of a warranty claim or multiple defendants and notwithstanding any clause to the contrary.

GUARANTEE

Units and indoor units ordered from LTB from January 1, 2017, will benefit from a 2-year warranty from the invoice date, provided that the installation is carried out by a qualified installer and that it is carried out according to the rules of the trade. The purchaser remains solely responsible for the use of the equipment supplied, even if LTB has provided him with information, advice or diagrams. Spare parts are covered by a 1-year warranty. The warranty is strictly limited to the factory replacement of parts recognized as defective by L.T.B. Assembly and disassembly costs, transport costs and various taxes are always payable by the purchaser. The warranty is only valid if a maintenance contract is signed between the user and a qualified maintenance company. Excluded from the warranty are air filters, belts, fuses, plastic parts, as well as repairs made necessary by improper use of our appliances, incorrect connections, faulty power supply, lack of maintenance, use of water unsuitable for the operation of water-condensing appliances, etc. We are in no way responsible for any incidents arising from these. The benefit of the guarantee will be automatically suspended in the event that the terms of payment for the equipment are not observed by the purchaser, or for any delay in payment or payment incident. The supply of replacement parts under warranty in no way extends the duration of the original warranty. This supply is linked to a valid order. Upon receipt of this order, the replacement part will be supplied. The defective part must be returned to us within four weeks, carriage paid, for appraisal. In the event of warranty refusal or failure to return the offending part, the part will be invoiced.

RECEIPT OF GOODS

On receipt of the package, unpack the equipment in front of the carrier, who cannot object. In the event of damage, make reservations on the carrier’s receipt, specifying the nature of the damage, confirm these reservations to the carrier within 48 hours by registered letter with acknowledgement of receipt, and send a copy of this letter to the seller.

INFORMATION TECHNOLOGY AND CIVIL LIBERTIES

In accordance with the French Data Protection Act no. 78-17 of January 6, 1978, each customer has the right to object to (art. 26 of the Act), access (art. 34 to 38 of the Act) and rectify (art. 36 of the Act) any personal data provided when opening an account.

version 2017-02-10