General Conditions of Sale for Maintenance Services
General Conditions of Sale for Maintenance Services
Article 1: Scope of application
Cleanea ensures maintenance of the Europa machine for a period of three years from the date of receipt of the Equipment, and renewable by tacit agreement for periods of one year.
Optional equipment (tank, pump, etc.) is not included in maintenance.
Cleanea will ensure maintenance of the machine exclusively in the territory of mainland France.
Article 2: Conditions of the warranty extension
Subject to the signing of a maintenance contract, the latter de facto replacing the initial guarantee, subject to payment of the deadlines due under the maintenance contract and conditions of use in accordance with the Installation Manual and Use (given to the Customer during installation).
The Customer must use the Equipment according to Cleanea's instructions and comply with the laws and regulations in force, particularly with regard to hygiene, the environment and work safety.
To this end, the Customer expressly declares to have read the Installation and Use Manual, in which the first level controls incumbent upon him are explained:
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the terms of use of the device,
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the essential checks upstream of electrolysis formalized weekly on the “Solutions control table” and in particular the filtering and softening of water,
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the repairs which are his responsibility, generally the repairs concerning the distribution of water upstream and the two solutions produced (faucets, joints, piping, etc.) downstream.
Any first-level intervention or subsequent to abnormal use (defined above) of the Materials, carried out by Cleanea at the express request of the Customer, will be invoiced to the Customer according to the rates in force.
Any intervention inside the electrolysis box and/or the electrical control box of the Materials not directed by a technician mandated by Cleanea will render the conditions of the warranty void and can no longer be invoked.
Specifically, supplying the electrolysis cell with unfiltered and untreated water (softener) will immediately render the warranty conditions void and the maintenance contract cannot be invoked.
Article 3: Liability
By express agreement between the parties, Cleanea is subject hereto to an obligation of means.
Consequently, Cleanea will not owe any compensation in the event of late delivery, stock shortage or unavailability of Materials, force majeure, disruption or total or partial paralysis of means of transport and/or communications.
Cleanea cannot be held responsible, either towards the Customer or towards any third party, for any damage, direct or indirect (loss of production, operating loss, loss of opportunity, loss of data, damage financial or commercial or others) which would be the consequence of the use or failure of the delivered goods. From delivery, the risks are transferred to the buyer who assumes responsibility for any damage that the said Materials may suffer or cause for any cause whatsoever.
Cleanea markets Equipment in accordance with the ROHS & WEEE.
The Customer declares himself informed and takes responsibility for the elimination of waste from electrical and electronic equipment acquired from Cleanea, in compliance with the imposed rules.
Article 4: Services
Cleanea will ensure preventive inspection and maintenance visits at a minimum annual frequency, and/or adapted to the use of the site. At the end of each visit, at the customer's request, Cleanea will send him an Inspection Report and a duly signed Intervention Sheet as described in the Installation and Use Manual.
A call center is made available to the Customer to record technical problems and provide initial remote technical assistance. If the problem persists, despite this assistance, the intervention of an approved technician will be scheduled as soon as possible.
In the event of a major breakdown, CLEANEA undertakes to intervene on site by an approved technician within a maximum of 3 working days.
Included in the maintenance service:
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Supply of wearing parts
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Supply of the necessary consumables on the day of installation: test rods, electrolysis salt, product labels and strips.
Article 5: Exclusions
The supply of sprays and softener salt are excluded from the maintenance contract.
Article 6: Conditions of use
Normal conditions of use provide for machine operation of less than a weekly production of 2200 liters.
This contract applies under the conditions described above.
In the event of excess, both parties will agree on an amendment.
Article 7: Price
The price of the service (annual or monthly) will be specified in the special conditions and must be paid upon receipt of the invoice.
This price includes parts, labor and travel, but does not include services due to improper use of the Equipment by the Customer and/or non-compliance with the instructions for use included in the manual given to the Customer. .
Article 8: Termination
The Customer may terminate the Maintenance Contract 6 months before its expiry by registered letter.
The Customer may terminate this Contract at any time and without compensation in the event of serious misconduct on the part of Cleanea.
In the event of loss of the operating contract by the Customer for the site where the Cleanea Machine was installed, this Contract may be terminated automatically upon payment of an additional quarter of services.
If the Cleanea Machine is moved to a new site operated by the Customer, this Agreement will be maintained and automatically transferred to the Customer's new operating center. The Customer undertakes to ensure said transfer on behalf of Cleanea.
The Contract may not be assigned by the Customer to a third party without the prior written consent of Cleanea.
Said termination will result in the cessation of all guarantees and services.
Article 9: Customer Contacts
The Customer undertakes to provide Cleanea with a Customer Contact Sheet as soon as possible and before the installation date and to keep Cleanea informed of any modifications.
Article 10: Attribution of jurisdiction and applicable law
This agreement is subject to French law. Any dispute, of whatever nature, relating to this contract, falls under the exclusive jurisdiction of the Nanterre Commercial Court, even in the event of a warranty claim or multiple defendants.