Legal Information
Certain AKW International products listed in this documentation are protected by one or more patents and/or pending patent applications or registered designs and/or registered design applications from the United Kingdom, the European Union, the United States or other foreign countries as follows:
US 6725470, GB3008313, GB3008314, GB3011017, GB3011018, GB3011016, GB2058001, GB2058002, EU000024591-0001/2, EU000062047-0001/2, EU000135702-0001/2/3/4/5/6/7/8/9, EU0044572312, EU000379524-0001, EU000548607-0001, EU000343561-0001,EU000448535-0001, EU000566849-0001, EU000189105-0001, GB2394175, GB2306316, GB2313306, GB2315211, GB2322546, GB2373515, GB2375479, GB2359484, GB2369568, GB2372267, GB2401341, GB2402946, GB3020282, GB3021505, GB3021810, EP1243709, EP 1253254, EP1338706, EP1338706, EP1886612, EP1212970, EP1523914, US6890427, US D486.583, US D491.672, US D536.889, US D591.521, US D580.188, US D495.506, US D494.767, US D602.703, US D510.487, US D583.121, US D607.014, US D606563, US D539.394, US D572.347, US D587340, US D590.481.
AKW International does not hesitate to undertake rigorous protection, defense and maintenance of its intellectual property assets worldwide. AKW International is committed to a policy of continuous product improvement and reserves the right to modify products, specifications and dimensions without prior notice. Measurements in this brochure are conversions of metric measurements into their Anglo-Saxon equivalent; therefore, all dimensions in this brochure are approximate and subject to manufacturing tolerances.
AKW International makes no warranty, express or implied, and accepts no responsibility for this information or its use. This information is provided on the condition that the recipient makes his or her own tests to determine its suitability for his or her particular purpose. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, digital or otherwise, without prior written permission.
The format, layout and organization of this brochure and all images contained herein are the property and copyright of © 2018 AKW International and © 2018 DLP Limited. AKW International is a subsidiary of DLP Limited. All rights reserved.
General terms and conditions
1. Definitions
AKW International is a trade name and registered trademark of DLP Limited. The "Company" refers to AKW International. The "Customer" refers to any individual or legal entity purchasing goods supplied by DLP Limited / AKW International.
AKW International is hereinafter referred to as the Company.
Professional buyers are hereinafter referred to as the Customer.
2. Applicable terms and conditions
The Company accepts the sale of goods only in accordance with these terms and conditions, which shall prevail over any other document. Any printed or standard terms and conditions appearing on or referred to in any document issued by the Customer, or any modification made by the Customer to the Company's terms and conditions, shall have no legal effect unless accepted in advance in writing by the Company.
3. Contract formation
The Contract is formed when the Company's quotation is accepted by the Customer and the Company subsequently confirms the order by sending the Customer a written or electronic order acknowledgement.
If a quotation from the Company does not precede the Customer's order, the Customer's order will only be binding on the Company when it is accepted by the Company by means of a written or electronic order acknowledgement sent to the Customer.
4. Quotations and pricing
The prices of the goods sold are those in force on the day the order is taken.
They are denominated in euros and calculated exclusive of tax. Consequently, they will be increased by the VAT rate and transport costs applicable on the day of the order.
The Company reserves the right to modify its prices at any time.
However, it undertakes to invoice the goods ordered, during the 12 months following confirmation of the order by the Company, at the prices indicated when the order was recorded. Beyond the 12-month period between order placement and invoicing as stipulated above, the Company may update the price of the goods.
Prices exclude all packaging costs, including the eco-packaging contribution and special labelling, freight, loading, unloading, transport, insurance, customs clearance and any other commissioning costs. These costs are borne by the customer.
Export prices depend on the volume of products ordered.
5. Discounts and rebates
The prices quoted include any discounts and rebates that the Company may grant on the basis of its results or the assumption by the Customer of certain services.
6. Delivery
6.1. Terms of delivery
Delivery is made by handing the product directly to the Customer at the address indicated when the order was placed.
Delivery takes place on the date or within the period indicated on the order confirmation issued by the Company. However, the date or time thus given is indicative, as delivery times may vary according to manufacturing lead times and the volume ordered. In the event of a postponement or delay in delivery, the Company undertakes to inform the Customer immediately and to agree a new delivery date or deadline.
Should the products ordered be unavailable on the delivery date, the Company will immediately inform the Customer and may offer a product of equivalent quality and price.
The Company is not obliged to pay any compensation for cancellation of the order or to pay damages.
6.2. Transfer of risk
The risk of loss or damage to the goods passes to the customer or a third party designated by the customer when the customer takes physical possession of the goods.
The product, which is delivered to the Customer by a carrier chosen by the Company, travels at the Company's risk.
The product, which is delivered to the Customer by a carrier chosen by the Customer, travels at the Customer's risk from the time the goods are handed over to the carrier by the Company.
Upon delivery, the Customer must IMPERATIVELY examine the goods delivered.
If he finds that the goods are missing or damaged, and regardless of the place of delivery, it is up to the Customer or the third party he has designated :
(1) make protests and reservations on the delivery note issued by the carrier, which must be signed and dated at the time of unloading and given to the driver.
(2) confirm these reservations by sending a registered letter with acknowledgement of receipt to the carrier within 48 hours of delivery,
(3) send a copy of the complaint to the Company within the same 48-hour period by e-mail to :ism@akw-medicare.com. If the products delivered are broken, the Customer must send a photo of the damaged product to the Company.
(4) hold the goods concerned at the disposal of the Carrier or his insurance company's expert on the date of dispatch of the registered letter and return the goods to the Company after obtaining the agreement of AKW International.
No request for compensation or claim for missing or damaged items will be taken into account if the Company is not informed within the aforementioned time limits and in accordance with the procedure described above.
7. Transfer of ownership
From the moment of delivery, ownership of the goods is transferred to the Customer, except in cases where full payment of the price to the Company has not yet been received.
If the agreed price is not paid on the due date, the Company reserves the right either to request performance of the sale, or to cancel the contract by registered letter with acknowledgement of receipt, and to retain, as compensation, the deposit paid when the order was placed.
In the event of cancellation, the Customer is obliged to keep the goods in perfect condition and must return them at the Company's request and expense.
In the event of several instalments, non-payment of any one of them shall, if the Company does not opt to cancel the order, result in the immediate payment of all subsequent instalments.
8. Terms of payment
8.1. Means of settlement
Orders must be paid for in accordance with the contractual terms for existing customers with an AKW International account, or in advance for new customers, and by bank transfer.
Bank transfer details are provided with the order confirmation and on the invoice.
Local bank charges and other fees are the responsibility of the Customer.
8.2. Settlement period
The Company grants professional customers who purchase orders in large quantities and who maintain continuous commercial exchanges a payment period of 30 days. The period agreed between the parties for payment of sums due may not exceed forty-five days end of month from the date of issue of the invoice.
In the event of total or partial non-payment for goods delivered, the Customer must pay the Company a late payment penalty equal to the interest rate applied by the European Central Bank to its most recent refinancing operation, plus 10 percentage points.
This penalty is calculated on the amount due, inclusive of tax, and runs from the due date of the price, without the need for any prior formal notice or reminder.
In addition to late payment penalties, any sum, including the deposit, not paid by the due date will automatically give rise to the payment of a fixed penalty of 40 euros due for collection costs.
The Customer has no right to offset amounts due, whether by law or otherwise.
9. Lifetime warranty and exclusions
9.1. Purpose of the warranty
AKW products are covered by a lifetime warranty, with the exception of electrical products, wall panels and faucets.
The lifetime warranty is limited to the replacement of a defective or damaged Product due to a manufacturing or material defect, under the conditions of article 9.2 below.
Under this warranty, it is expressly agreed that AKW will only bear the cost of replacing the Product, limited to its purchase value, and excluding : the cost of removing and re-installing the product (particularly if the product is integrated into an assembly), labor costs, product replacement costs, postage costs, transport costs and, more generally, all ancillary costs, as well as any operating loss, loss of profit or any commercial loss and, more generally, any lost profit, all of which are expressly borne by the Customer in all cases.
This contractual warranty does not cover :
(1) damage or defects resulting from misuse, improper use, normal wear and tear or accidental damage.
(2) Damage or defects resulting from lack of maintenance, including accumulation of dirt, dust, scale or waterborne debris.
(3) Damage resulting from improper cleaning, water ingress and frost damage.
(4) Damage or defects which
result from incorrect installation, repairs or modifications carried out by professional installers or technicians, or from installation, repairs or modifications carried out by unauthorized persons who are not installers or service technicians.
(5) Defects resulting from an act of God or force majeure.
This warranty excludes normal wear and tear and does not apply to surface treatments. AKW products should be installed by an experienced and competent installer, or by persons trained in the installation of AKW products; using fasteners appropriate to the condition of the surfaces to which the product is to be attached. The selection of specific fasteners should be made by the installer on the basis of the requirements of each individual installation.
No warranty or liability is assumed by the Company for the installation of its products.
If the AKW product is not installed in accordance with the instructions provided, or unauthorized modifications are made to the product, the Customer is warned that this will affect the safety of the product and may invalidate this warranty.
9.2 Implementation of the lifetime warranty
The Customer must submit a written request to the Company. If the defect has not yet been diagnosed, the Customer will be asked to provide the original invoice and return the equipment to the Company at its own expense. The returned product will be replaced and invoiced to the Customer. Following diagnosis, if it is confirmed that the defect is covered by the lifetime warranty, a credit note will be issued to the customer.
In the absence of warranty coverage, the invoice sent with the replacement equipment must be paid in accordance with the terms of payment defined in the present conditions, and the cost of returning the goods will be reimbursed by the Company.
10. Exclusion of liability and force majeure
The Company may not be held liable in the event of non-performance or improper performance of the contract due either to the Customer's fault (in particular due to improper installation by the installer, who is a service provider totally independent of AKW International), or due to product manufacturing delays, or due to the insurmountable and unforeseeable fault of a third party to the contract, or due to force majeure.
Force majeure means any unforeseeable, irresistible event beyond the control of the parties.
11. Exchanges and returns
The Customer may exchange a product which does not suit him provided he has previously informed the Company and obtained its agreement in accordance with the following terms and conditions.
The request to take back the product must be sent to the Company within 30 days of delivery.
Products must be returned in their original packaging. Failing this, they will not be taken back by the Company.
Return shipping costs are the sole responsibility of the Customer.
12. Personal data
In accordance with the provisions of the French Data Protection Act, the Customer has the right to access, rectify and, subject to the applicable legal provisions, delete any data concerning him/her. To exercise this right, the Customer should send an e-mail to ism@akw-medicare.com
13. Mediation
For any questions or difficulties encountered in connection with a purchase made from the Company, the Customer may contact the Company:
(1) By email to the following address :
compta@akw-medicare.com
(2) By post to the following address: AKW INTERNATIONAL 117 Avenue Victor Hugo - 92100 Boulogne Billancourt - France
If no solution is found within 21 days of his request, the Customer may refer the matter to the Commission Paritaire de la Médiation de la Vente directe: 100 avenue du Président Kennedy 75016 PARIS - tél : 01.42.15.30.00 - email : info@fvd.fr which will seek an amicable settlement free of charge.
The Customer acknowledges that the Commission Paritaire de la Médiation de la Vente Directe (Joint Commission for Direct Sales Mediation), created in 1995, chaired by a law professor, and made up of two representatives of consumer associations approved nationally by the French Ministry of the Economy and 2 representatives of Direct Sales professionals, has exclusive competence to deal, within the framework of a mediation process, with disputes arising from the present document and any related contract that may subsequently be signed. Neither the Customer nor the Company may use any other mediation system.
14. Applicable law
The law applicable to these terms and conditions of sale is French law.
15. Jurisdiction clause
Any dispute relating to the conclusion, interpretation, performance or termination of the Contract will be settled by the competent courts of the location of AKW INTERNATIONAL's registered office.