General terms and conditions of repair


 

Applicable to relations between the claimant for compensation or their agents and the repairer or their agents, unless otherwise expressly provided for.

 
ARTICLE 1: QUOTE

Quotes requested by the customer and provided by the repairer constitute a firm commitment related to the prices of spare parts, labour and consumables, subject to a variation of plus or minus ten per cent (10%) discovered during disassembly.
This commitment is only valid for fifteen (15) calendar days from the date of issue.
The costs of cleaning, dismantling and reassembly necessary to prepare the quote, the quote itself, and any storage costs, are chargeable if the owner of the equipment does not proceed with the quote. Otherwise, these costs will be added to the total cost of repair.
If the repair is completed on site without a prior quote, the owner of the equipment or their representative must provide the repairer with all the material resources in their possession and sign, with or without comment, the delivery note presented by the repairer or their representative, which constitutes the contractual reference document.

 

ARTICLE 2: COMPLETION TIMES

Completion times are given for information purposes only, starting from the actual availability of the equipment for repair. Any delays shall not give rise to any damages.

 

ARTICLE 3: BILLING

3.1 Billable items

The following are billable: labour for the work (flat rates), labour for travel (flat rates), the supply of spare parts, consumables and repair kits.

3.2 Pricing

Catalogues, advertising brochures and other commercial materials do not constitute a firm offer on the part of the repairer, but are merely indicative and subject to change at any time without notice.
Labour and supplies are invoiced at the rate in force on the date of invoicing.

3.3 Responsibility for payment

As the repairer has no legal relationship with the claimant's insurer, the claimant is solely liable for payment of the work, even if the cost of the repair is to be covered in full or in part by insurance.

Any amount not paid by the due date shown on the invoice will result in late payment penalties being applied pursuant to the general terms and conditions of sale.

 

ARTICLE 4: ACCEPTANCE OF WORK AND WARRANTY

4.1 Warranty

Repairs are guaranteed for one (1) year from the date of acceptance of the work, excluding all wear and tear parts.

4.2 Implementation of the warranty

In the event of a defect, malfunction or breakdown observed during this period and resulting from the work carried out, the owner of the equipment must expressly notify the repairer within forty-eight (48) hours by registered letter with acknowledgement of receipt, to allow the repairer to make all necessary observations.

4.3 Termination clause

A dispute pertaining to a specific service cannot result in the refusal to pay for other services that are not disputed. Generally, payment instalments may not be delayed under any circumstances.

4.4 4.4 Limitations of liability

The repairer shall not be held liable in any circumstances where:
- The repaired equipment not been dismantled in their presence.
- A third party has carried out repairs subsequent to the disputed repair.
- The user has not followed the manufacturer's instructions for use.

Our warranty is limited to the replacement or repair of faulty equipment when it is commissioned. Under no circumstances may we be held liable for poor choice, misuse or normal wear and tear.

No compensation is payable by Arden Equipment to the customer in the event of operating losses or damage to property other than the equipment supplied.

 

ARTICLE 5: RETENTION OF TITLE CLAUSE

Pursuant to Law No. 80-335 of 12 May 1980, spare parts incorporated into equipment that has been repaired remain the property of the repairer until full payment for the repair has been made.

Non-payment, even partial, of the repair authorises the repairer to recover the parts from the customer after formal notice has been sent by registered letter with acknowledgement of receipt and has gone unheeded.

The right to make a claim provided for in Article 121 of the Law of 25 January 1985 shall apply even in the event of the customer's receivership or liquidation.

Transfer of risks

Upon delivery, the buyer assumes the risks as if they were the owner and is liable for payment of the price, even in the event of disappearance, including by act of God and/or force majeure.

Disposal of replaced parts

The claimant remains the owner of any original parts that have been replaced. The repairer shall not recover the used parts under any circumstances. The claimant is solely responsible for the disposal, storage and treatment of any used parts that have been replaced, in accordance with regulations in force.

 

ARTICLE 6: TERMS OF PAYMENT

Please refer to the general terms and conditions of sale attached to the invoice or available on request.

 

ARTICLE 7: ASSIGNMENT OF JURISDICTION

Any dispute arising from the application of these general repair terms and conditions shall fall under the exclusive jurisdiction of the Commercial Court of Charleville-Mézières, notwithstanding multiple defendants or third-party proceedings

French law is solely applicable.


Date of entry into force 01/09/2025
Version: 2.0