ARTICLE 1 – PURPOSE AND SCOPE OF APPLICATION
1.1. These general terms and conditions establish the contractual framework for probe repair services by PRS (PROBE REPAIR SERVICES), a company that specializes in repairs of ultrasound probes of all brands.
1.2. Any request for repair of probes implies unreserved acceptance by the customer and their full and complete compliance with these general terms and conditions of probe repair.
1.3. All other documents issued by PRS, such as brochures, catalogs, advertisements, etc., are solely for informational purposes.
1.4. Orders sent to PRS, by fax, e-mail or any other means, are irrevocable for the customer and must emanate from a person having the power and authority to legally bind the customer.
ARTICLE 2 – SERVICING
2.1 The probes to be repaired are to be sent directly to PRS for an estimate to be drawn up prior to any servicing.
After written acceptance of the estimate and these general terms and conditions for probe repair, PRS will proceed with the repair within a reasonable period of time, as specified in Article 3.
At the customer’s request, PRS can then have the probe shipped to the address on the order form.
2.2 By way of exception, at the express request of the end customer, PRS may instruct a carrier that uses number tracking to come and pick up the probe (s) to be repaired before quotation. If the probe cannot be repaired, transport and estimate costs are to be paid by the end customer.
2.3 PRS assumes no liability with regard to shipment, nor does it constitute the carrier as an agent of the seller. All shipments are to be
made at the customer’s expense and carried out at their own risk. The risks are transferred to the customer ex-works;
ARTICLE 3 – PROBE REPAIR TIMES
The reasonable period referred to in Article 2.1 is two weeks following acceptance of the estimate by the end customer. Unless otherwise specified, the repair times for probes entrusted to PRS appear on the order confirmation only as an indication. Repairs are made based on the repairs underway and in the order the repair requests are received. The risks are transferred to the customer ex-works as soon as the probe and/or accessories are picked up.
ARTICLE 4- PROVISION OF PROBES
PRS may rent out probes to the customer for temporary use while the customer’s defective product is being delivered, evaluated or repaired. In exceptional cases and subject to compliance with three cumulative conditions related to the condition of the probes, the length of the return period and the time taken to answer the estimate, PRS may loan probes. Exchange probes: Unless otherwise indicated, all orders are provided on an exchange basis and therefore require the return of a repairable equivalent to PRS within 5 days of product delivery. The documents returned with this exchange must clearly indicate the visible RMA reference and must be returned in the original PRS box using the standards generally in practice in this industry. All packaging and transport costs are to be covered by the customer. Exchange probes not returned within 10 working days will be invoiced at the market price of a non-exchange probe.
ARTICLE 5 – PRICE
The prices indicated in our offers are valid for a period of thirty calendar days. Prices are exclusive of tax, ex-works, exclusive of postage and packaging costs. No discounts will be given for cash payments.
ARTICLE 6 – PAYMENT CONDITIONS
In the absence of any specific agreement stating otherwise, invoices for probe repairs are payable in full, using any secure national or international payment method, prior to shipment of the equipment or probes. Invoices are payable solely in Euros. Any late payment shall result in a monthly penalty of an amount equivalent to three times the legal interest rate on the due date of the invoice. The amount of the lump sum compensation is set at €40 per day of late payment.
ARTICLE 7 – LIMITATION OF LIABILITY CLAUSE
Only the practitioner or the client’s operator is responsible for the diagnosis produced by means of a repaired ultrasound probe and at no time can the company be held liable for this. PRS is bound by a best-efforts obligation which consists in repairing or attempting to repair the probes sent by the customer in accordance with the accepted professional standards approved by its laboratory. Upon receipt of the probe, a test is performed by PRS before any work is done on the probe, potentially leading to its complete disassembly, which is authorized by the customer upon dispatch of the probe. Prior to any repair, the parties expressly agree that the unusable probe has no market value. Therefore, if, as a result of testing or technical inspection prior to repair, the probe should be damaged, PRS declines any liability. “Damaged” is understood as the fact that the probe already has excessively deteriorated components (acoustic, electronic, wiring, etc.) within its internal structure prior to the repair it was sent in for.
Any appeal for compensation by the customer is to be deemed null and void and PRS is thus not to invoice its servicing based on the terms of the initial estimate. Perception of image quality may be different when a repaired probe is returned. Such difference in perception does not call into question either the appraisal or the quality of the repair, but rather merely the fact that the probe has been reset to its factory settings.
ARTICLE 8 – WARRANTY
PRS guarantees the reliability of its repairs carried out in compliance with current applicable standards. Should the customer intend to make a warranty claim due to an objectively characterized failure with their product, they must send their complaint by certified mail within 6 months following receipt of the probe repaired by PRS. Beyond this date, the customer can no longer make any claim of any kind. The distributor undertakes to provide a list of end customers in the event of an incident requiring a product warning or recall procedure.
ARTICLE 9 – FORCE MAJEURE
PRS cannot be held liable for failure to perform its obligations under this contract if this failure to perform results from a case of force majeure as typically defined by French case law. In such an event, the customer is not entitled to any compensation.
ARTICLE 10 – WAIVER
The fact that PRS does not invoke any of the clauses of these general terms and conditions of sale at any given time does not constitute a waiver of its right to subsequently invoke these same clauses.
ARTICLE 11 – COURT OF JURISDICTION
PRS’s legal address is that of its head office. Any dispute concerning the interpretation and application of these general terms and conditions of sale, the execution of sales contracts signed by PRS, or payment of the price, shall be brought before the Commercial Court of LYON. This attribution of jurisdiction remains valid regardless of the place of the order, delivery and method of payment, even in the event of third-party claims or multiple defendants. Any bills of exchange constitute neither novation nor exemption from this jurisdiction clause. The attribution of jurisdiction is general and applies whether it is a principal claim, an incidental claim, an action on the merits of the case or a summary hearing. In addition, in the event of legal action or any other debt collection action by PRS, the costs of summons, courts fees, lawyer and bailiff fees and all ancillary costs, as well as any additional fees, are to be borne by the customer at fault.
ARTICLE 14 – APPLICABLE LAW
Any question with regard to these general terms and conditions of sale, as well as to the sales they govern, that is not addressed in these contractual provisions is to be governed by French law alone.