NOTICE
The catalogs and other documentation are not contractual and TKM reserves the right to modify, at any time and without warning, the technical characteristics of the models and accessories, without giving the buyer the right to any claim or refund. Any order entails the customer’s complete acceptance of these sales terms and conditions. The pictures, sketches and drawings of the catalogs are the property of TKM and may not be reproduced or used under any circumstances without prior written permission from a duly habilitated member of TKM.
LEAD TIME
The deadlines for making orders available are in principle 6 weeks after written acceptance of the order by TKM. The deadlines mentioned on the order acknowledgments are given for information only and without guarantee. Delays in delivery do not give the buyer the right to cancel the sale or refuse the goods. They cannot give rise to retention, compensation, penalty or damages.
ORDER
For any order, a deposit of 30% of the total amount will be requested. The balance must be paid before shipment of the goods. When ordering, it is up to you to give all the information necessary for a smooth delivery: address, entry code, intercom, floor, access clearance, local regulatory constraints… (ideally provide photos). TKM cannot be held responsible for the consequences of incomplete information regarding access for delivery.
ORDER CANCELLATION
No order cancellation (partial or total) can be accepted without the written agreement of TKM. In case of agreement, a flat-rate cancellation fee will be charged for an amount equal to 50% of the amount of the order.
DELIVERY POSTPONEMENT
In the event of delivery postponement at the request of the buyer, TKM reserves its right to invoice on the date of availability of the material for collection. Settlement periods run from this date.
SHIPPING-TRANSPORTATION
The goods travel in all cases at customer risks.
It is the customer’s responsibility to verify the accessibility of the place of delivery in terms of track width, tonnage and parking for a semi-trailer type vehicle with regard to charter and carriers for courier.
Transport organized by TKM on behalf of and at the request of the customer:
Transport deadlines are given as an indication and TKM cannot be held responsible in the event of non-compliance with this deadline. The company TKM is looking for the most suitable means of transport for its customer: it has an obligation of means not result. During a freight transport, the driver is not required to unload his truck and if he does so it is under the responsibility of the customer. The carrier will contact you to arrange an appointment. It may seem obvious to you, but it is very important: be present to receive the order. Give a phone number on which you can be reached during the day. During courier transport, the driver unloads and drops the goods at the foot of the truck. Depending on accessibility and available parking, the delivery person will do his best to park his truck as close as possible to your home. In the event of a possible unavailability for the delivery slot set with the carrier, call him at least 72 hours before the appointment to postpone it. Under no circumstances will the driver install the equipment.
Charter deliveries can be made by appointment, this is not the case with courier deliveries that are made by tour. The customer undertakes to receive the goods as soon as the carrier arrives. TKM cannot be held responsible for a postponement or re-delivery. The transport prices mentioned on our quotes or acknowledgment of receipt of order are subject to change if the above conditions are not respected. The customer undertakes to pay TKM any supplement that the carrier would claim due to the customer’s responsibility (waiting, storage, re-delivery, repatriation, transhipment).
It is up to the customer to check the good condition of the delivered equipment. If necessary, reservations must be made on the carrier’s delivery note mentioning the apparent and presumed damage. This reservation must be confirmed to the carrier by registered mail within 48 hours of delivery. Attention: the words « subject to unpacking » have no legal value.

ASSEMBLY AND INSTALLATION
The assembly and installation of the equipment are the responsibility of the customer. However, at the customer’s request and after invoicing, TKM can provide a technician. In all cases, the unloading of the equipment and its installation remain the responsibility of the buyer.

WARRANTY

The warranty period of TKM products varies due to their design, manufacture or use for which they are intended. The equipment manufactured by TKM is guaranteed excluding normal wear parts (so such upholstery, pulley…) for a limited period of:

36 months for:

  • Electric cylinder excluding accessories;
  • Power plant.
  • Mechanical frame
  • Contactors parts/supplies;
  • Gas cylinder (excluding parts);
  • Pedal, Remote control and electronics;
  • Drop type accessories.

6 months for spare parts.

The warranty only covers defects in parts and manufacturing of the product.
12 months for:

  • The saddlery of the table;
  • Wear parts;
  • Screwing;
  • The parts of the gas cylinder (cables, trigger head);
  • Periodic maintenance and repairs or replacement of parts due to normal wear and tear;
  • The transportation costs and risks associated with the delivery and collection of the product by the end customer;
  • Any adaptation of the product that may be necessary for the purpose of bringing it into compliance with the technical or safety standards applicable in a country other than that for which the product was originally designed and manufactured;
  • Consumable elements (elements which are intended to be replaced periodically during the life of the product);
  • Deterioration or defects of the product resulting from: improper use or installation of the product (use not in accordance with the use for which the product is intended, installation or use not in accordance with TKM’s instructions or the technical or safety standards in force in the country where it is used, etc.); maintenance of the product not in accordance with TKM’s instructions or negligence in the maintenance of the product;
  • Poor handling or mistreatment of the product (false maneuver, fall, shock, etc.) or an inappropriate environment (poor ventilation, vibrations, exposure to moisture, excessive heat, contact with sand or any other substance, inadequate power supply, etc.) ;
  • The use of the product with a product (hardware or software), consumable, accessory or peripheral that is not compatible or defective.
  • An adaptation of the product for the purpose of bringing it into compliance with the technical or safety standards applicable in a country other than the country for which the product was originally designed and manufactured;
  • A modification or repair of the product not carried out by a service provider approved by TKM;
  • A case of force majeure, disaster (fire, flood, etc.), lightning, etc.

The warranty does not apply in case of misuse of the equipment. The assembly or disassembly of the equipment will result in the nullity of the warranty unless it is carried out by a technician approved by TKM. The warranty cover parts only excluding labor, return to our workshops: round-trip transportation is the responsibility of the customer.
TRANSPORTATION AND PACKAGING
Our prices include ex-factory (EXW Incoterms 2020), shipping and packaging are complementary.
Are NOT covered by the warranty:
At the customer’s request and after billing, TKM can send a technician for an on-site repair. The immobilization of the equipment during the repair cannot be the subject of a claim for compensation. The starting date of the guarantee is the date of delivery.
FINANCIAL CONDITIONS
Any first order will be delivered after payment of an initial deposit of 30% of the order amount, the balance being paid before shipment. Financing by Leasing or Leasing does not derogate from this rule.
In accordance with Article L.441-6 of the Commercial Code, late penalties are due in the absence of payment on the day following the date of payment that appears on the invoice. The interest rate of these late penalties is 18% per year. A flat-rate compensation of €80 for collection costs will be applied in the event of late payment, in addition to late penalties calculated at a rate equal to 3 times the legal interest rate in force (Decree No. 2012-1115 of October 2 and art 21.1.3 LME 2008-776420). In the event of non-payment on time, in addition to the aforementioned penalties, compensation equal to 25% of the remaining amounts due will be claimed under the penalty clause.
In the event of non-payment of an invoice at maturity, the entire debt becomes due and payment by letter of credit and draft does not derogate from this rule.
OWNERSHIP
By express derogation from the provisions of Article 1583 of the Civil Code, and under Law 80335 of May 12, 1980, TKM remains the owner of the goods delivered until full payment of their price.
JURISDICTION
In the event of a dispute, only the Commercial Court of Saintes France will have jurisdiction. Regardless of the recipient country, French law alone remains competent.