Terms of Sales – resume

1 – GENERAL INFORMATION.

POWER SYSTEM reserves the right to make any changes to the shape, size or material of its products in relation to the information given in its catalogue. In the event of an offer of sale by mail order, a period of validity of the offer of sale will be specified and during this period the prices and characteristics of the product indicated in the offer may not be modified.
All our sales are subject to these general terms and conditions, which take precedence over any conditions of purchase unless we expressly waive them. All orders automatically imply full acceptance of these terms and conditions of sale and guarantee.

 

2 – WARNINGS.

It is imperative to scrupulously comply with the instructions for use and the recommendations for use of the machine, in particular to always use the machine when the engine is running and turning, and never to stop the engine during the DPFS cleaning procedure, as this may result in engine breakdown or major damage. POWER SYSTEM declines all responsibility for any engine failure or breakdown caused by failure to comply with the operating instructions and recommendations.

Our company accepts no liability for any of the services offered, breakage and/or mechanical breakdown caused by incorrect use of the machine or poor condition or maintenance of the vehicle (in particular the injection system, especially the injectors, low-pressure fuel pumps and high-pressure fuel pumps, the engine, in particular the pistons, crankshaft and connecting rods, the turbo, the transmission system, in particular the gearbox, clutch and flywheel, the anti-pollution system, in particular the catalytic converter and particulate filter), electronic failure, computer failure. We are not responsible for existing or future vehicle problems.

 

3 – TECHNICAL SPECIFICATIONS.

The service required to clean the DPFS may vary depending on the condition of the engine and the vehicle. Other factors may cause the vehicle’s anti-pollution and DPFS systems to malfunction, in particular ECUs, wiring harnesses, Lambda sensor recirculation valve, internal breakage of the DPFS, internal melting of the DPFS, catalyst failure, broken or melted catalyst, injector tank pump and additive level, lack of compression, valve tightness, state of the injectors and injection system, DPFS pressure sensor, etc. The list is not exhaustive. The characteristics given in our commercial documents are for information only and do not constitute a contractual commitment.

 

4 – TRANSPORT AND DELIVERY

Delivery times are always given as an indication. They do not constitute a commitment or give rise to penalties or damages in the event of a delay in the scheduled dates. In the event of a sale to a consumer for an amount in excess of €500, a delivery deadline will be specified. Failure to comply with the delivery deadline will entitle the consumer to cancel the sale without being able to claim damages in the event of such cancellation. We reserve the right to suspend the execution of orders for a period equal to the duration of the fortuitous event or force majeure.

Shipping costs are always payable by the customer, whether by courier or express delivery. Goods travel at the risk of the recipient, who has recourse against the carrier. Any complaint must be made in writing to the carrier at the time of delivery and a copy must be sent to us within eight days, failing which no complaint will be accepted.

 

5 – PRICES

Our prices are calculated ex works, with carriage or transport costs to be borne by the customer. We always invoice at the price in force on the day of dispatch. The prices quoted are subject to VAT at the statutory rate.

 

6 – TERMS OF PAYMENT – SETTLEMENTS.

Our sales are always made exclusively in cash, net of discount. Any payment facility that may be granted must be ratified by our head office. Any default and/or delay in payment authorises us to suspend shipments, Law of 31.12.92 n° 92/1442: any delay in payment will give rise, ipso jure and without any prior formal notice, as from the due date to the application of penalties set at a rate equal to 1.5 times the legal interest rate for the current year.

 

7 – RETURN EXCHANGE.

Subject to what is specified below for distance sales, no return of goods will be accepted without our prior agreement and in the form of an exchange only. Goods must be returned carriage paid, in new condition, in the same packaging and unused. The return will be made at the invoiced price less 25%. This must be done within eight days, after which time no exchange will be possible. Second-hand equipment cannot be returned or exchanged. Any goods arriving without prior agreement will be systematically refused.

In the event of distance selling to private individuals, the latter, in accordance with the law, will have a period of fourteen clear working days from delivery of the order to return the product to us at their exclusive expense for exchange or refund. In this case, the product must be returned in its original packaging and in perfect working order.

 

8 – WARRANTY.

Our machines are guaranteed for one year and cannot be returned or exchanged. The guarantee applies to normal use; no guarantee is given if the machine’s operating instructions are not followed. The guarantee no longer applies if work is carried out on the machine without the approval of Power System’s technical department.

Our warranties are strictly limited in all respects, and in particular within the scope of Articles 1641 et seq. of the French Civil Code, to the replacement of defective parts or products and to the cost of carriage and transport, and our company may under no circumstances be called upon to pay damages for any reason whatsoever. Our company excludes any warranty in the event of force majeure, negligence or lack of maintenance, use not in accordance with the recommendations, or use of a product not approved by Power System.

 

9 – DISPUTES – CLAIMS.

Any dispute relating to the sale of our products, even in the event of an action in warranty or multiple defendants, will fall within the exclusive jurisdiction of the commercial court in whose jurisdiction our registered office is located.

 

10 – RESERVATION OF OWNERSHIP.

Our company retains ownership of the goods sold until actual payment of the full price in principal and incidental. The delivery of a document creating an obligation to pay does not constitute payment within the meaning of this clause. Failure to pay by any due date may result in the goods being reclaimed, with the goods in the purchaser’s possession being presumed to be those outstanding. These provisions do not prevent the transfer of risks to the purchaser as soon as the products leave our premises. Until full payment of the principal and ancillary items has been received, the purchaser may not resell or process our company’s products.

 

11 – RESOLUTORY CLAUSE BY OPERATION OF LAW

If the purchaser fails to pay the sums owed to our company, the sale will be automatically cancelled at our company’s discretion by sending a registered letter with acknowledgement of receipt referring to this clause, without prejudice to our company’s right to claim damages.