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standard TERMS AND CONDITIONS of sale

RECKON DRIVES INTERNATIONAL SAS sells planetary reducers, worm and wheel reducers, spiral bevel gears , linear guide rails, harmonic reducers, racks and pinions (hereafter referred to as the "products") to a distributor (the Buyer) who sells to the equipment/machine/system (the "equipment") manufacturer (the "integrator"), who sells his equipment to the end user.
RECKON DRIVES INTERNATIONAL S.A.S works as well as a customized gearbox designer for a variety of customer applications (planetary gearboxes, orthogonal gearboxes, parallel stage gearboxes) that are not standard Reckon gearboxes and will be manufactured by a company other than Reckon Drives International SAS.
Clause n ° 1: Purpose
  • The general conditions of sale described below detail the rights and obligations of the company RECKON DRIVES INTERNATIONAL SAS and its customers in the context of the sale of its "products" in any non-French-speaking zone or country.
  • Any service or sale performed by RECKON DRIVES INTERNATIONAL S.A.S therefore implies the buyer's unreserved acceptance of these general conditions of sale.
Clause n ° 2: Price
  • The prices of the goods sold are those in effect on the day the order is taken. They are EXW (Ex Works, as defined in the current incoterms) denominated in Euros or US Dollars and calculated exclusive of taxes. Consequently, they will be increased by the VAT rate and transport, customs fees and insurance costs applicable on the day of the shipping.
  • RECKON DRIVES INTERNATIONAL S.A.S reserves the right to modify its prices at any time.
Clause n ° 3: Discounts and rebates
  • The proposed prices include the discounts and rebates that the company RECKON DRIVES INTERNATIONAL S.A.S would be required to grant given its results or the assumption by the buyer of certain services such as sales canvassing.
Clause n ° 4: Discount
  • No discount will be granted in the event of early payment, except by prior agreement.
Clause n ° 5: Terms of payment
  • Orders are paid by bank transfer before shipment, except agreed prior to order receipt.
  • When registering a program order (order for an annual volume of goods with predefined delivery dates) the order, the buyer must pay a deposit of 20% of the total amount of the invoice, the balance to be paid before shipment of goods. A program order cannot be set for a duration of more than one year (the last shipment of goods cannot take place more than one year after receiving the PO - Purchase Order). All residual quantity (goods ordered but not delivered one year after order placement) will be shipped on the anniversary date or the PO.

Clause n ° 6: Late payment

  • In the event of total or partial non-payment of the goods delivered on the day of receipt, the buyer must pay RECKON DRIVES INTERNATIONAL a late payment penalty equal to the legal interest rate.
  • The legal interest rate used is that in force on the day of delivery of the goods.
  • the legal interest rate will be revised every 6 months (French Ordinance No. 2014-947 of August 20, 2014)
  • This penalty is calculated on the amount of the sum remaining due, and runs from the due date of the price without any prior notice being necessary.
  • In addition to late payment, any sum, including the deposit, not paid on its due date will automatically result in the payment of a lump sum indemnity of 40 euros due for recovery costs.
  • Articles 441-6, I paragraph 12 and D. 441-5 of the French Commercial Code need to be respected.
Clause n ° 7: Termination
  • If within the fifteen days following the implementation of the "Late payment" clause, the buyer has not paid the sums remaining due, the sale will be automatically terminated and may give rise to the right to the allocation of damages for the benefit of RECKON DRIVES INTERNATIONAL SAS).
Clause n ° 8: Retention of goods
  • RECKON DRIVES INTERNATIONAL S.A.S retains ownership of the goods sold until full payment of the price, in principal and in accessories. As such, if the buyer is the subject of reorganization or company closure, RECKON DRIVES INTERNATIONAL SAS reserves the right to claim, within the framework of the collective procedure, the goods sold and remained unpaid.
Clause n ° 9: Delivery
  • Delivery is made by handing over the goods directly to the buyer (EXW conditions)
  • The delivery time indicated during the registration of the order is given only as an indication and is in no way guaranteed.
  • Consequently, any reasonable delay in the delivery of the products will not be able to give rise to the profit of the purchaser to the allowance of damages nor the cancellation of the order.
  • The risk of transport is borne in full by the buyer. In the event of missing or damaged goods during transport, the buyer must make all the necessary reservations on the order form upon receipt of said goods. These reservations must also be confirmed in writing within five days of delivery, by registered post.
  • RECKON DRIVES INTERNATIONAL S.A.S can accept to organize the transport free of charge, but all costs and responsibilities are accepted by the buyer (taxes, customs duties, transport and insurance, etc.). Transport and associated costs are invoiced with the products on the basis of an estimate, which RECKON DRIVES INTERNATIONAL SAS can adjust after receiving the invoice from the transporter. Immediate payment will then be requested. Reckon will not be considered responsible for any damage to the goods or lost shipment.
Clause n ° 10: Guarantee
  • Planetary reducers are guaranteed for 1 year after the date of shipment, provided they have been used under normal conditions (without exceeding the maximum torque or the maximum speed specified in the "technical data" section of the product's page on this website, without exceeding the nominal torque more than 20% of the time and in applications with an application factor less than 2.
  • It is understood that a gearbox working above the rated torque will lose precision and will have a faster deterioration than what is specified in the "technical data" section of the products page on this website.
  • RECKON DRIVES INTERNATIONAL SAS liability is strictly limited to the replacement of defective products. Replacement can only take place after RECKON DRIVES INTERNATIONAL SAS has analyzed the product and confirmed that the defect arose from a quality problem at RECKON DRIVES INTERNATIONAL SAS. Under no circumstances can RECKON DRIVES INTERNATIONAL SAS take charge of any additional costs than replacing the defective goods relating to the replacement of the product at the end customer. In the event of suspiction of serial defect, the entire series will not be replaced or refunded until each of the goods has been analyzed by RECKON DRIVES INTERNATIONAL or JIANGSU MOTOREDUCER TRANSMISSION MACHINERY.
  • It is customer's responsibility to purchase additional gearboxes in order to replace defective units. In the event of a failure leading to the interruption of the workflow at the end-user's site, Reckon Drives International will not pay indemnities for the financial loss caused by the breakage / deterioration of the product.
  • In the event of a product failure, whether due to a quality problem or not, RECKON DRIVES INTERNATIONAL SAS  may choose, without having to justify their decision, to replace the defective product free of charge. This replacement will be considered to be on a commercial basis (to preserve the relation with the "buyer"), without this constituting an admission of guilt concerning the quality of the product and without leading to the systematic replacement of other products sold to that customer or agreeing on further indemnity.
  • The performances of a product (admissible torque, admissible speed, operating temperature) are only valid within the framework of the working conditions used for the calculations. The lifespan of the product in an application, even guaranteed by a specific calculation by Reckon Research & Development team, must without fail be validated by a prototyping phase where the product will be tested under conditions at least identical to those of the end customer's equipment. Reckon will not take responsibility for any product not performing as well as anticipated in a theoritical calculation.
  • RECKON DRIVES INTERNATIONAL SAS may choose at any time to change the brand or certain characteristics of the internal components, for example in the event of supply difficulties or stock shortages. It will be up to the customer to regularly check our website to identify any changes.

Clause n°11: Studies and calculations

  • RECKON DRIVES INTERNATIONAL SAS can perform designs of customized gearboxes or gears for customers who need a specific transmission. It is understood that such design and the calculation reports delivered with it are only theoritical and performed following a specific calculation norm (ie : ISO 6336-2 for gears). No calculation can be considered safe enough for the customer to mass-produce a gearbox following our calculations or design and sell his system without testing the gearbox in severe conditions for a duration long enough to consider that the design is safe. Reckon will not be responsible for any cost due to mistakes in the calculation, or for any misinterpretation of customer data. In case of mistake in the calculation (or misunderstanding of customer explanations), Reckon's responsibility will be limited to re-performing the design/calculation work free of charge.

Clause n°11: Indemnity

  • The "buyer" shall hold RECKON DRIVES INTERNATIONAL SAS harmless (each as an “Indemnitor”) and defend RECKON DRIVES INTERNATIONAL SAS against all third party claims alleging body injury, death or damage to a third party’s tangible property. For example, no indemnity can be discussed if the customer "equipment"'s design is not safe enough in case of gearbox breakage or in case a gearbox gets stuck, or in case a safety zone was not implemented and duely respected around the "equipment". If the injury or damage is caused by the parties’ joint or contributory negligence, the loss and/or expenses shall not be borne by RECKON DRIVES INTERNATIONAL SAS.  The "buyer" shall not make any admission(s) which might be prejudicial to RECKON DRIVES INTERNATIONAL SAS and shall not enter into a settlement without the express permission of RECKON DRIVES INTERNATIONAL SAS.
Clause n ° 12: Force majeure
  • The responsibility of the company RECKON DRIVES INTERNATIONAL SAS cannot be implemented if the non-performance or the delay in the performance of one of its obligations described in these general conditions of sale results from a case of force. major. As such, force majeure means any external, unforeseeable and irresistible event within the meaning of article 1148 of the Civil Code.
Clause n ° 13: Competent court
  • Any dispute relating to the interpretation and execution of these general conditions of sale is subject to French law.
  • In the absence of an amicable resolution, the dispute will be brought before the Commercial Court of Saint-Etienne (France).


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