Terms and conditions of sale
In force as of [date to be completed at launch]
1. Purpose and scope
These general terms and conditions of sale govern the sale of the portable power stations, solar panels, extension batteries and accessories of the NV Power Station range.
They apply to every order placed with the seller, to the exclusion of any other terms, in particular the buyer's general terms of purchase. Placing an order implies unreserved acceptance of these terms.
The website nvpowerstation.com is a presentation website. It does not allow online ordering. Every sale is concluded on quotation, after discussion with the sales team.
The products are intended for professional use. The seller reserves the right to refuse an order from a buyer who cannot show a professional activity.
2. Quotation and formation of the contract
Configurations and availability shown on the website or given orally have no contractual value. Prices are given on quotation.
A written quotation is issued on request. It states the references, quantities, unit price, total price, currency, payment terms and applicable incoterm. Unless stated otherwise, it is valid for thirty days.
The sale is formed on the date the seller receives the accepted and signed quotation, together with the agreed deposit where applicable.
Any change requested after acceptance binds the seller only once confirmed by it in writing and may lead to a revision of the price and lead times.
3. Prices
Prices are stated excluding taxes, transport and customs duties, in the currency shown on the quotation. Taxes, duties, customs clearance costs and import formalities are borne by the buyer, unless the chosen incoterm provides otherwise.
The seller reserves the right to revise a price not yet accepted in the event of a significant change in the cost of materials, freight or exchange rates.
4. Payment terms
Unless otherwise agreed in the quotation, payment is made by bank transfer, according to the schedule set out in it.
No discount is granted for early payment.
In the event of late payment, penalties are due automatically, without prior notice, at the interest rate applied by the European Central Bank to its most recent refinancing operation, plus ten percentage points. A fixed compensation of forty euros for recovery costs is also due, without prejudice to additional compensation on proof.
The seller may suspend any order in progress and require cash payment for subsequent orders in the event of a payment incident.
5. Retention of title
The goods remain the property of the seller until full payment of the price and its ancillary costs. Risk, however, passes on delivery of the goods in accordance with the agreed incoterm.
The buyer shall not resell, transform or pledge goods that have not been paid in full.
6. Delivery
Delivery arrangements, the incoterm and the place of destination are set out in the quotation.
Any lead times given are indicative. A delay cannot give rise to cancellation of the order, compensation or any deduction from the price.
The seller is not required to deliver if the buyer is not up to date with its payment obligations.
7. Receipt and reservations
The buyer checks the condition and conformity of the goods on receipt, in the presence of the carrier.
Any damage, shortage or visible non-conformity must be the subject of written, precise and detailed reservations entered on the delivery note, then confirmed to the carrier by registered letter within three working days of receipt, with a copy to the seller.
Failing this, the goods are deemed accepted and no claim on these grounds is admissible.
8. Warranty
8.1 Scope
The products are guaranteed for two years from the date of delivery against any manufacturing or material defect, parts and labour included.
A third year of warranty can be taken out as an option when ordering, at the prices in force.
A replaced or repaired product keeps the remaining warranty period of the original product.
8.2 Making a claim
Any claim is sent to the sales team with the model reference, the serial number, the date of purchase and a description of the fault. Depending on the nature of the fault, the service takes one of three forms: remote troubleshooting instructions; dispatch of parts and instructions for an on-site repair; or return of the product and dispatch of a replacement product.
No return is accepted without the seller's prior written agreement.
8.3 Exclusions
The warranty does not cover:
- normal wear, including the gradual loss of capacity of the cells inherent to lithium iron phosphate technology;
- use not in accordance with the user manual, dismantling, modification or repair by an unauthorised third party;
- damage resulting from impact, a fall, immersion, exposure to excessive heat, fire, a mains surge or lightning;
- connection of equipment whose electrical characteristics exceed those of the product, or of a photovoltaic array whose voltage exceeds the stated input limit;
- products left for six months or more without any charge or discharge cycle;
- consumables, cables, connectors and everyday accessories.
The warranty is attached to the original buyer and is not transferable.
9. Conformity and use
The products comply with the applicable European directives. Declarations of conformity are available to the buyer on written request.
It is the buyer's responsibility to ensure that the product is suitable for its intended use, to comply with the installation and safety rules in force on its site, and to train the users.
The products are not designed to power equipment whose failure would endanger people's safety, in particular life-support medical equipment.
10. Liability
The seller's liability is limited to direct and foreseeable damage resulting from a failure attributable to it, and capped at the amount, excluding tax, of the order concerned.
Indirect damage is excluded, in particular operating loss, loss of production, loss of data, loss of profit and damage to reputation.
These limitations do not apply in the event of gross negligence or wilful misconduct, nor in the event of bodily injury.
11. Force majeure
Neither party is liable for a failure resulting from a force majeure event within the meaning of article 1218 of the French Civil Code, in particular a natural disaster, armed conflict, epidemic, decision of a public authority, closure of a shipping route or general supply disruption.
If the impediment lasts beyond ninety days, either party may terminate the order in writing, without compensation.
12. Intellectual property
Nothing in these terms entails the transfer of any intellectual property right. Trademarks, logos, visuals and technical documents remain the property of the seller or its successors in title.
13. Data protection
Data provided in connection with an order is processed in accordance with the privacy policy.
14. Transport of dangerous goods
Lithium batteries are subject to the regulations applicable to the transport of dangerous goods. The UN 38.3 test report and the safety data sheet are supplied on request.
A buyer who organises transport itself complies with these regulations and bears the consequences alone.
15. Partial invalidity
If any provision of these terms is held to be void or unenforceable, the other provisions remain in full force.
16. Governing law and jurisdiction
These terms are governed by French law.
Failing an amicable settlement within thirty days of written notification of a dispute, exclusive jurisdiction is given to the courts of Paris, including in the event of multiple defendants or third-party proceedings.