I. GENERAL OBSERVATIONS

Unless ROBUST has previously agreed in writing, these general terms and conditions of sale shall take precedence over all other provisions and conditions contained in any document provided by the buyer, even if these provisions are mentioned in a subsequent document which expressly aims to exclude or prevail over these general conditions. "Buyer" means both the end customer of ROBUST and the reseller of the products offered by ROBUST. In addition, any addition, omission or modification of one of the provisions of these conditions of sale proposed by the buyer will not be binding on ROBUST, unless prior written acceptance on its part. The fact that ROBUST does not avail itself, at a given moment, of one of these general conditions of sale should not be interpreted as a waiver to assert these conditions later. ROBUST reserves the right to modify the general conditions in the course of its activities. Moreover, in the exercise of its activities, ROBUST intends to be able to avail itself, and if necessary, to apply the provisions of Law No. 75-1334 of 31 December 1975 on subcontracting.

II. ORDERS

Quotes issued by ROBUST are valid for a limited time, as indicated in the corresponding offer. In case of discrepancy, the prices mentioned in the offer of ROBUST are considered to be authentic. Any order must be formalized by a written order signed by the buyer, and this implies his full and unreserved adherence to these general conditions. The order must also indicate the date of placing the order and be marked "good for agreement". Before placing any order, and apart from the seller’s duty of advice in this regard, the buyer must ensure that he has the necessary space to accommodate and install the equipment he intends to order, in particular by respecting the regulations, safety rules and applicable standards (for example, EN standards). The buyer must also ensure that the nature of existing or future soils intended to receive the products offers both a satisfactory bearing capacity to avoid any potential instability, and sufficient damping in accordance with the corresponding standard. Thus, the buyer undertakes to bear any costs of soil studies and necessary facilities for the preparation of these soils, including the quality and bearing capacity of concrete slabs. Orders will only be final after written confirmation from ROBUST. Any order confirmed by ROBUST will be considered firm and irrevocable. Any modification mentioned in the order confirmation sent by ROBUST to the buyer will be deemed accepted by the buyer, unless written opposition from him within a maximum period of 8 days from receipt of the order confirmation. No order confirmed by ROBUST may be modified by the buyer without the prior written consent of ROBUST. In addition, no order confirmed by ROBUST may be cancelled by the buyer. Out of tolerance, in case of cancellation of the order within ten days of its confirmation by ROBUST, only the deposits paid will be kept by ROBUST as damages. Beyond this period of ten days, no cancellation will be accepted and the buyer will be required to pay in full the price of the ordered material. Before placing the order, the buyer undertakes to provide all the necessary documentation (pipeline plans, network plans, etc.) allowing ROBUST to perform the planned work perfectly. Otherwise, ROBUST cannot be held responsible for any difficulties or incidents that may occur during the execution of said work.

III. PRICES & PRODUCTS

Les informations disponibles sur le site internet https://www.robust-workout.com ainsi que dans les catalogues, notices et barèmes de ROBUST concernant ses produits et leurs prix, peuvent être modifiées par ROBUST à tout moment et sans préavis. Les produits sont fournis au prix en vigueur au moment de la commande. Il est convenu que le prix des produits seront toujours indiqués en euros et que l'acheteur sera responsable des frais liés au mode de paiement choisi ou aux fluctuations des taux de change. Les prix sont indiqués hors taxes et hors frais de livraison. Si des frais de livraison sont applicables, ils seront précisés dans une rubrique spécifique du devis. Tous les impôts, taxes, droits ou autres frais exigibles en vertu de la réglementation du pays de l'acheteur ou d'un pays de transit sont en sus et susceptibles de variation. Sauf indication contraire dans l'offre commerciale, le prix ne comprend pas le montage ou l'installation des produits.

IV. DELIVERY/ RECEIPT

Unless otherwise specifically agreed, in particular in the event that ROBUST performs the installation service, delivery and billing are "ex-works" ("Ex Works"). The risks of loss or deterioration of the material, even in case of force majeure, as well as any liability related to the existence or use of the material, are transferred to the buyer upon delivery, despite the application of the retention of title clause relating to the material sold. Transport, including loading, is at the risk of the buyer, unless otherwise expressly agreed between ROBUST and the buyer. ROBUST will take care of the organization of the transport, unless the buyer expressly indicates that it will do so, regardless of the legal or contractual limitations of liability that may be imposed by the carrier. ROBUST will only insure the material upon the prior written request of the buyer and at its expense, and it is the buyer’s responsibility to inquire about such insurance limitations. The buyer is obliged to provide for the accessibility and layout of the premises in such a way as to allow the unloading and reception of the ordered material, in particular if it is heavy and bulky. ROBUST will in no case bear the consequences or any additional costs resulting from the non-compliance of this obligation by the buyer. Any unjustified refusal, total or partial, of the material on the part of the buyer will result in the invoicing by ROBUST of the transport costs and other costs generated by this refusal.

V. DELIVERY/ INSTALLATION PERIOD

The delivery and installation times indicated in the order acknowledgments are indicative. Delays cannot in any case justify the cancellation of the order, the payment of compensation or the application of late penalties. If the delivery or site deadlines are postponed due to the buyer, additional costs related to storage and possibly handling will be charged. When ROBUST is in charge of the installation service, it is the responsibility of the buyer to plan and carry out the work necessary to receive the equipment in accordance with the regulations in force, including the ground work. If the goods are delivered within the deadlines mentioned on the acknowledgement of receipt, but ROBUST is unable to proceed with the installation and assembly of the equipment within 30 days of delivery due to the lack of performance of the preparatory work by the buyer, ROBUST reserves the right to immediately charge the buyer for the purchase of the delivered material. The invoicing of the installation and installation service will then be carried out separately, after the installation is completed. ROBUST expressly reserves the right to subcontract the installation and assembly service to a third party company.

VI. FORCE MAJEURE

The party facing a force majeure event must inform the other party as soon as it occurs, by registered letter with acknowledgement of receipt, and must make all reasonable efforts to reduce the impact on the performance of the contract. Cases of force majeure are those defined by the Civil Code and French jurisprudence. The parties shall jointly examine the consequences of the force majeure event on the suspension and termination of the contract. Lead times are extended during the period of suspension of the contract. In particular, ROBUST cannot be held liable if the force majeure event is partly caused by a breach of the client’s obligations, such as the absence of administrative authorization or the state of the land.

VII. PAYMENT TERMS AND DEADLINES

ROBUST does not grant any discount for cash payment or within a shorter period than indicated below. Any delay in payment will automatically, without notice, entail the payment of interest set at three times the statutory interest rate, as well as the immediate payment of all remaining amounts due. In addition, the buyer will be required to pay a lump sum of 40 euros for recovery costs from the due date of the invoice, even if ROBUST reserves the right to request additional compensation, on presentation of supporting documents, if the collection costs exceed 40 €. Interest on late payment and compensation for collection costs may be automatically deducted from all discounts, rebates or rebates owed by ROBUST to the buyer. In case of late payment, whatever the cause, ROBUST reserves the right to suspend or cancel orders in progress. If full payment is not made within eight (8) days after receipt of a formal notice by registered mail, the sale will be terminated automatically, at the sole discretion of ROBUST, which will then be released from any obligation towards the buyer and allowed to take back possession of the equipment not yet paid. The cancellation will apply not only to the order concerned, but also to all previous unpaid orders, whether delivered or in the process of delivery, and whether their payment is due or not. In addition, in the event of an instalment payment, the non-payment of a single instalment will result in the immediate payment of the total amount. Payments may under no circumstances be suspended or cleared without the prior written consent of ROBUST. Any partial payment will first be charged to the non-privileged portion of the claim and then to the oldest amounts. In the event that ROBUST grants a maturity extension, this would not constitute a debt novation. Any order received by ROBUST will be invoiced with a deposit.

7.1 Public customers: In accordance with the provisions of paragraph V concerning the non-binding advance of Article R2191-4 of Decree No. 2018-1075 on the Public Procurement Code, ROBUST will systematically request a 30% deposit upon receipt of the order from local authorities to cover the cash needs related to the beginning of the execution of the public contract. 

7.2 Private customers: For private customers, the terms of payment of the deposit are as follows: A 40% deposit will be required for customers with a CreditSafe rating from A to D. A 100% deposit will be required for new customers, customers with a CreditSafe E and F rating, as well as for any order for an amount less than 1,000 € HT. These deposits must be paid immediately. ROBUST will send the order confirmation only after cashing the payment of the deposit. For online sales and sales to individuals, full payment upon order will be required. The balance of the invoices must be paid by bank transfer within 45 days of the invoice date. This deadline is imperative.

VIII. RESPONSIBILITY

ROBUST, as a company, is required to comply with a number of standards, including AFNOR standards, in accordance with French legislation. The buyer acknowledges being fully informed of these provisions and therefore undertakes not to request the application of other regulations or laws relating to other sectors of activity. ROBUST designs and manufactures its products in accordance with the regulations in force in France. It is the buyer’s responsibility to check the conformity of the material with the order and its condition upon receipt. In order to prevent any exclusion, complaints regarding missing items or non-compliance of the equipment, despite any recourse against the carrier in accordance with articles L.133-3 and L.133-4 of the Commercial Code in case of losses, damage or damage resulting from transport, must be sent to ROBUST by registered mail with acknowledgement of receipt within 3 days, excluding holidays, from the date of arrival of the equipment at the place of destination in case of apparent defect or missing. Any non-compliance of the delivery with respect to the specifications of the order must be reported to ROBUST by registered mail with acknowledgement of receipt within eight working days of delivery. After these deadlines, the material will be considered compliant and free of any apparent defect. If the buyer receives complaints about the material from other users or from his own buyers, he is obliged to transmit them immediately to ROBUST. In the event of negligence on the part of the buyer in this respect, he shall guarantee ROBUST against any request made against him by these third parties. In case of non-compliance, the buyer must immediately inform ROBUST of this situation and allow it to verify the reality of the alleged defect. The buyer must refrain from intervening himself or from involving a third party to remedy the situation. If he alleges a breach of contract by ROBUST, he must prove it. The damages to which it claims, which it must prove, can only include the immediate and direct consequences of the proven non-performance. These damages are limited to the purchase value of the disputed material, all causes and natures combined. In any case, the amount of damages that ROBUST will have to pay to the buyer will be capped at the purchase value of the equipment in question. If ROBUST is liable to a third party, the buyer is obliged to support and guarantee ROBUST insofar as this liability exceeds the limits set out in these conditions. In order to comply with the standards in force, the buyer must imperatively keep all the technical documents provided with the delivered sets. Any request to reissue these documents will be invoiced a flat rate of € 100.00 excluding VAT per file

IX. TERMS OF GUARANTEES

To assert the warranty, the buyer must inform ROBUST by registered mail with acknowledgement of receipt of the existence of a defect covered by the warranty, noted on a delivered material, within a maximum period of two (2) months after its discovery. Failing to comply with this deadline, the buyer loses his warranty rights. If the defect is confirmed after verification by ROBUST (or its subcontractor), the buyer can then invoke the warranty. This applies to ROBUST products for the time specified below for each component type and within the limits specified. The warranty period begins on the date of purchase by the first buyer. It is important to note that the warranty covers only material defects. The warranty offered by ROBUST is limited to the free repair or replacement of the defective part, depending on the choice of ROBUST. Under no circumstances will the use of the warranty or the intervention of ROBUST extend the warranty period of the entire equipment. All parts supplied by ROBUST have a 5-year warranty. However, the warranty does not cover the cost of disassembly and reassembly of the part in question. The warranty applies only if the products have been installed according to the instructions provided by ROBUST and properly maintained according to the service manual provided at the time of delivery. In addition, the warranty does not apply if the original equipment delivered by ROBUST has been modified. ROBUST’s liability is limited to defects in its products and does not cover defects related to the integration or addition of its products to those of third parties. The warranty provided by ROBUST does not cover damage resulting from accident, poor maintenance, negligence, normal wear, surface corrosion of metal parts, aesthetic problems such as discolorations or discoloured surfaces, and malfunctions caused by misuse or vandalism. It is the buyer’s responsibility to check whether the ROBUST product is suitable for the intended use, as the buyer is responsible for the use and conditions of use of the delivered product. Natural changes in wood over time, such as color changes, cracks, splinters, stains, fungi, lichens, etc., are considered normal aspects and are not covered by the warranty. Only proper care and maintenance will address these issues. The structural parts of the Street-workout/fitness modules (poles, bars, seats) are guaranteed against defects caused by corrosion for 40 years, except in cases where they are installed in direct contact with chlorinated or salt water (water parks) or at a distance less than or equal to 200 meters from the coast, in which case the warranty will be 20 years. However, this warranty does not apply to moving parts and structural assembly elements such as screws, spacers, bolts, etc. ROBUST also provides products of other brands and installation services provided by external providers. These products of other brands and installation services are not covered by the warranty of ROBUST, but by the warranty of their respective manufacturer or provider. Under no circumstances, due to its own activity, ROBUST is subject to the obligation to subscribe to a ten-year guarantee as it is usually required and imposed in other business sectors. Therefore, it is not necessary to ask ROBUST to provide such a document (ten-year guarantee) at any time during the conclusion of a contract. The only guarantees provided by ROBUST, in accordance with the legislation governing its field of activity, are those mentioned in this document and in the documents issued by ROBUST.

X. ROBUST GUARANTEE

The warranty conditions and durations of ROBUST are as follows:

• Structural parts (posts) made of hot-dip galvanized steel and stainless steel parts (excluding screws and fasteners): 40 years warranty from date of purchase. This warranty covers production defects of structural parts and remains effective until the equipment is uninstalled or decommissioned. 
• Hot-dip galvanized steel parts installed in direct contact with chlorinated or salt water or at a distance less than or equal to 250 meters from the coast: Warranty of 20 years from the date of purchase. This warranty applies in particular to seats on abs, street tables or similar products. 
• Shade sails: 5-year guarantee against ultraviolet damage. This warranty covers production defects of shade sails. 
• Spare parts: Warranty of 5 years from the date of purchase.  This warranty applies to ROBUST spare parts, including galvanized steel and stainless steel screws.

It is important to note that replacing a part on equipment does not extend the original warranty period of the product. Thus, the original warranty remains in effect for the specified period from the date of purchase of the equipment.

XI. RETURN OF MATERIAL

For any return of ROBUST material, it is necessary to follow the established procedures and conditions:

1. Any return of ROBUST material must be accompanied by a document explaining the reasons for the return request. A clear and detailed rationale is essential to facilitate the processing of the application. 
2. Before making a return, it is imperative to obtain prior authorization from ROBUST. You must contact ROBUST to arrange return conditions and obtain specific instructions.
3. Returns not previously authorized by ROBUST will be refused. It is therefore crucial to respect the established procedure and not return the material without obtaining prior agreement.
4. The returned material must not have been altered or altered. It must be in its original condition, as provided by ROBUST. 
5. When returning, it is recommended to use the original packaging, if applicable. This ensures adequate protection of the material during transport. By following these instructions, you will be able to facilitate the process of returning ROBUST equipment and ensure that your request is handled efficiently and in accordance with the established conditions.
   

XII. NOTICE OF CLAIM

Here are the key points regarding claims and deadlines: 

1. Product inspection: The customer must inspect the products immediately after receipt.
2. Claim for Damage in Transit: Any claim regarding products damaged during transport must be made within ten (10) days by written notification to ROBUST.
3. Claim for the quantity of products shipped: Any claim relating to the quantity of products shipped must be made within thirty (30) days by written notification to ROBUST.
4. Other claims: All other claims must be made in accordance with the conditions set out in the document.
5. Claims for Visible Damage at Inspection: If the damage, defect or anomaly is visible at inspection, the receipt slip must be marked accordingly and a written claim must be submitted to ROBUST within ten (10) days of receipt of the product.
6. Claims for damage not visible on inspection: If the damage, defect or anomaly is not visible on inspection, the claim must be addressed in writing to ROBUST within ten (10) days of the date on which the customer became aware of the facts, but in no case more than six weeks after receipt of the products.
7. Time limit for taking legal action: Any legal action against ROBUST concerning the products sold or the services performed must be initiated within one (1) year after receipt of the products by the customer, under penalty of limitation. It is important to respect these deadlines and follow the procedures mentioned to submit a valid claim. Complaints not made within the specified period will be considered abandoned
   

XIII. RETENTION OF TITLE

All plans, models, documents, specifications and material information remain the exclusive property of ROBUST. They may not be reproduced, copied or disclosed to third parties without the prior written consent of ROBUST. The buyer undertakes to respect the property rights of the manufacturers. It is important to note that ROBUST holds the exclusive intellectual property rights (such as the right to image and use of photos of the facilities, etc.) related to the products ordered by the buyer and installed by ROBUST under the contract concluded.

XIV. JURISDICTION CLAUSE AND APPLICABLE LAW

The law applicable to any dispute is French law. Any dispute, whatever the nature, falls under the exclusive jurisdiction of the Commercial Court of the place of the registered office of ROBUST, regardless of the place of delivery, the method of payment accepted, and even in case of warranty appeal or presence of several defendants.

XV. TERMINATION

In case of non-compliance with any of the clauses of these general conditions of sale, each party will have the right to automatically terminate the contractual relationship, one (1) month after sending a formal notice of execution.

XVI. DATA PROTECTION

The Seller and the Customer act as independent data controllers concerning the personal data collected and processed in connection with any sale and the performance of the obligations of the parties in accordance with these General Conditions. Each party is required to comply with applicable data protection laws and regulations when performing its obligations under these Terms. Details on the processing of personal data by the Seller are available in the ROBUST privacy policy accessible on the website ​www.robust-workout.fr