1. RESERVATIONS

1.1 Unless otherwise stipulated and accepted by us in writing, only our general terms and conditions of sale set out below shall apply.

1.2 All documents, catalogues, instructions, technical specifications and price lists are provided for information purposes only and are not binding on the Manufacturer. Our models and prices may be changed without prior notice.

1.3 Any order automatically entails the Buyer's acceptance of the conditions set out below.

2. LEAD TIMES

2.1 The lead time stated on the order confirmation is given as a guide only, and any claims for damages arising from failure to meet these lead times will therefore be inadmissible.

2.2 The seller is automatically released from any commitment regarding the delivery lead time:

- where the payment terms are not met by the Buyer;

- where the Buyer has failed to provide, in good time, the information required to fulfil the order;

- in the event of force majeure or of events such as: strikes, lock-outs, riots, war, international complications, requisition, fire, flood, interruption or delays in transport, major breakdowns in manufacturing equipment.

3 PACKAGING - TRANSPORT - RISKS - INSURANCE

3.1 Packaging costs are normally included in the prices, except in special cases as specified in the price lists and quotations.

3.2 Our goods are sold, taken and accepted at our manufacturing Workshops; even when dispatched carriage paid, they travel at the risk and peril of the recipients, who must, on taking possession of the parcels, check them in the presence of the carrier. Even if the packaging appears intact, in the event of damage, shortage or substitution, this must be recorded in the carrier's delivery book and these reservations confirmed by registered letter within 3 days of receipt (art. 105 of the French Commercial Code).

3.3 It is the recipient's responsibility to pursue any claim against the carrier in the event of shortages, damage or delays. The risks relating to the goods sold therefore pass automatically to the Buyer as soon as the goods are dispatched or collected from our Workshops.

3.4 Any postponement of delivery requested by a customer will, if it exceeds 15 calendar days from the confirmed dispatch date, give rise to storage charges being invoiced and will require full payment of the invoice by the customer.

4. GUARANTEES

4.1 Conditions for the guarantee to apply:

- The guarantee will be honoured on presentation of the dated purchase invoice specifically stating the CINIER commercial reference of the product concerned.

- Any claim must be sent by the customer (invoiced by CINIER) to the Cinier After-Sales Service.

- No claim made directly by the end user can be taken into account.

- Only the exchange or repair of the faulty part can be carried out. Where this proves essential, and following inspection, the complete appliance will be replaced.

- In the event of replacement of the faulty part or of the complete appliance, transport, removal and installation costs are excluded from the guarantee. The installer must be insured against any potential damage.

4.2. Restrictions: The guarantee does not apply if the following conditions have not been met:

- storage away from damp.

- installation and fitting carried out to professional standards.

- use on a 230 V domestic supply

- use in accordance with the CINIER instructions for use

The guarantee does not cover any damage resulting from a power surge or from other faults in the supply and distribution circuits.

Restrictions specific to central heating radiators:

- that the heating elements have been stored in good conditions, in particular sheltered from the weather and from impact, before being installed on site

- that the water used to fill the heating circuit is neither aggressive nor corrosive...

- that the circuit is free from metal debris, scale, grease, etc...

- that the expansion system is generously sized so as to avoid frequent water top-ups

- that there is permanent positive pressure at all points of the installation,

- that abnormal water top-ups, caused by leaks, unwanted draw-offs or other causes, are likewise avoided,

- that, where antifreeze is used, it is of a quality suitable for central heating and is never used neat, but diluted to the required percentage (neither too much nor too little) before being introduced into the circuit.

- that the working pressure of the heating elements guaranteed by the manufacturer corresponds to the maximum pressure of normal use

Additional restrictions for appliances in the central heating and electric versions:

- Slight cracks may appear in the stone without affecting the safety, operation or performance of the appliance. They in no way shorten its lifespan. These slight cracks cannot be grounds for replacement of the heating elements under guarantee.

- The guarantee excludes damage to radiators caused by broken glass on the "glass on stone" radiators.

- The guarantee does not cover replacement or repairs resulting from normal wear and tear, from damage or accidents caused by faulty assembly, from a lack of maintenance or supervision, or from use of the equipment under conditions for which it was not designed. Furthermore, the benefit of the guarantee would be automatically suspended should the payment terms for the equipment not be observed by the Buyer.

- The guarantee applies only if these appliances are used in accordance with the usual conditions of residential or commercial premises; in particular, they must not be:

- subjected to intensive and permanent ambient humidity (swimming pool, etc...)

- cleaned with products liable to alter the properties of the original oxides and patinas.

4.3 Duration of guarantee: In accordance with article 1792.3 of the French Civil Code:

- 5 years from the installation date for the heating element

- 2 years for the electrical accessories and spare parts.

4.4 Legal guarantee
a) Independently of the commercial guarantee, our company remains bound by the legal guarantee of conformity referred to in articles L. 211-4 to L. 211-13 of the French Consumer Code and by the guarantee relating to defects in the goods sold, under the conditions set out in articles 1641 to 1648 and 2232 of the French Civil Code.

When relying on the legal guarantee of conformity, the consumer:
– has a period of two years from delivery of the goods in which to act;
– may choose between repair or replacement of the goods, subject to the cost conditions set out in article L. 211-9 of the French Consumer Code;
– is not required to provide proof of the existence of the lack of conformity of the goods during the six months following delivery of the goods. This period is extended to twenty-four months from 18 March 2016, except for second-hand goods.

The legal guarantee of conformity applies independently of any commercial guarantee that may be granted.

The consumer may decide to invoke the guarantee against hidden defects in the goods sold within the meaning of article 1641 of the French Civil Code and, in that event, may choose between rescission of the sale or a reduction in the sale price in accordance with article 1644 of the French Civil Code.

In accordance with article L.211-15 of the French Consumer Code, these legal provisions are reproduced in full in the booklet(s) of our company's free commercial guarantees.

5. INVOICING - PAYMENT

5.1 Prices are exclusive of tax. Invoices are drawn up at the rate in force on the day the equipment is made available at the factory and are payable within 30 days end of month, unless a specific agreement is stated on the order acknowledgement. Payment is deemed to be made on the date on which the funds are made available by the customer to the beneficiary or its assignee.

5.2 The payment terms agreed with our customers cannot be delayed on any grounds. In the event of non-payment of any instalment, or of the sale, pledging or contribution to a company of the installer's or distributor's business or equipment, all sums owed by the latter become immediately payable as of right. CINIER then reserves the right to suspend the fulfilment of registered orders.

5.3 If payment is not made by the due date, late-payment interest will be charged at 1.5 times the statutory interest rate in accordance with the law of 31 December 1992. In the event of recovery through a bailiff or the courts, a penalty equal to 15% of the sums owed will be payable.

6. RETENTION OF TITLE

By express agreement, this sale is concluded on condition that the stipulated price is paid in full in order for ownership to be transferred to the buyer. The handing over of bills of exchange or other instruments creating an obligation to pay does not constitute payment.

If the goods are not paid for, the seller may, by simple registered letter, give the buyer formal notice to return the goods at the latter's expense, risk and peril within 48 hours. Should this formal notice remain unsuccessful, the seller shall be entitled to physically repossess the goods sold at the buyer's expense. In addition, the buyer shall be liable for late-payment penalties in accordance with the terms provided for by law, as well as for any damages.

7. MEDIATION

In accordance with article R 152-1 of the French Consumer Code, you may make free use of the mediation service (FOR EXAMPLE: MEDYCIS, electronically at: www.medicys.fr, or by post: MEDICYS - Centre de médiation et règlement amiable des huissiers de justice - 73, Boulevard de Clichy, 75009 - Paris), for any claim relating to a purchase made in the last 12 months.

The outcome of the mediation will be reached within 90 days at the latest from the date the Mediator is notified of the referral. Failing agreement between the parties, the dispute may be brought before the competent court of the claimant's place of residence.

We remind you that mediation is only possible provided that your claim has not previously been examined by a judge or another mediator, and that it has already been the subject of a claim to our After-Sales Service.

This dispute mediation does not apply to disputes between businesses.

8. JURISDICTION

In the event of any dispute relating to an order, a supply or its payment, even where the latter has given rise to the drawing of a bill of exchange (drafts), as well as to the interpretation or performance of the clauses and conditions above, the Commercial Court of Montpellier shall have sole jurisdiction, regardless of the place of delivery, the method of payment accepted, and even in the event of a warranty claim or of multiple defendants. By this clause, the parties intend to depart from any other jurisdiction clause that may appear on their commercial documents.

These general terms and conditions cancel and replace the previous conditions.

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