GENERAL REMARKS :

Placing of an order includes the acceptance of the conditions as follows, even if the clients stipulations of purchase differ to ours.

ALLOWANCES :

Weights, dimensions, capacities, colours and all other specifications indicated with our product literature are given for your guidance only. In consequence, samples may differ in shade from the finished items and this will not constitute reason for cancellation or return of goods or any demand for additional discount.

MODELS :

Special items or models made to the client requirements by Watergame Company will not be subject to any exclusivity, unless by prior agreement.

DELAY IN DELIVERY :

Our delivery dates are approximate and any case of delay in delivery cannot be subject to penalty compensation or damages.

TRANSPORT :

Goods are always sold ex-factory and travel at the clients own risk, even if the freight is delivery duty paid. The receiver must unpack and inspect the goods in the presence of the carrier. The good appearance of the packing does not prove that the goods have not been damaged during shipping. For these reasons we decline all responsibilities for damages, loss of goods or delays during shipment. Should the occasion arise, it is the receivers responsibility to make all claims against the forwarding agent (C.F code du Commerce, art. 48, 100, 103, 105, etc).

RETURNS :

No goods can be returned without our prior written agreement. After receiving the returned goods, a credit note will be issued on the basis of the price invoiced less handling cost and repairs (15 % minimum).
We cannot accept returns of any goods 6 months or more after production/sale.

GUARANTEE :

We guarantee the good quality of our products, as long as the installation complies with our manufacturing instructions. In case of defects, our responsibility is restricted to change of class or, if necessary, the replacing only of the defective article; no penalty or damage can be claimed for cost of labour, installation or removal, deprivation of enjoyment, corporal accident or others. All complaints must be received in writing within 48 hours of delivery. The nature of our manufacturing does not allow us to guarantee the absolute exactness of the colour of our products.

PRICES :

- Our price lists are given for your guidance and do not constitute a commitment from us. Our prices and stipulations of sales, include standard packing from our warehouse. All freight charges are in addition.
- All delivery charges are invoiced at the current daily price on the day of shipment.
- Except by special arrangement, all supplies are payable by cash to our factory or to the trucking company, Cash on Delivery, without discount.
- In the case of late payments, sums will be calculated in due course with interest at the current rate of exchange, plus any operating costs.
- In the case of non-payment or late payment, we reserve the right to cancel outstanding orders or to suspend work in progress.
- With regards to the quality of supply, no claim will be accepted for suspension of payment unless these defects are acknowledged by us. In any case, should the occasion arise, the suspension of payment should be limited to the value of the defective/faulty items only.

TITLE OF GOODS :

With regards to the law n°80335 dated 12th May 1980, title of the relevant goods will remain the property of Watergame Company until the full and complete payment has been received, regardless of whether the goods have been delivered.
The terms of any agreement entered into as a result of any order shall be construed in all respects in accordance with the laws only in the Court of Blois and is competent in the case of contest, even in the case of plurality of defendants, or appeal for guarantee.

PENALTY CLAUSES :

Except in special circumstances and unless agreed by Watergame Company, non-payment of our supplies by the due date will result in:
- 1°/ The immediate demand of the whole unpaid amount, by whichever method of payment provided (by accepted bill of exchange or other).
- 2°/ Demand of damages, and penalty clause of a 20 % compensation on the unpaid amount, together with legal expenses etc.