TERMS AND CONDITIONS OF SALE
Our materials sales and work are subject to these terms and conditions and the fact of ordering implies their acceptance by the customer without reservation, to the exclusion of any other documents emanating from the customer.
All derogations from these provisions will have to be the subject of a written agreement on our part in our offer and will then constitute the specific conditions of our contractual relations.
If one party breaches its obligations, the contract may be resolved as of right for the benefit and initiative of the other party.
I. Contract formation
The price or quote proposals are a firm commitment on our part for a period of 90 days from date to date.
Only a written order from the customer, in accordance with our offer and accompanied by the corresponding down payment, will be honored after acceptance on our part.
For materials, goods and supplies and in the absence of a prior order, the delivery voucher will be deemed to be worth letter or order and constitute the written sales contract between seller and customer, allowing the seller to exercise his remedies. against the customer.
We reserve the right to refuse customer orders in cases of exceeding the production capacity (or shutdown for maintenance) of our industrial tool.
We also reserve the right to refuse orders from customers who do not have sufficient credit guarantees.
All documents (studies, plans, drafts, technical solutions, quotes, prizes) submitted or sent by ourselves remain our property, even if they were established in collaboration with the client. They cannot be revealed or transmitted without our agreement or face damages.
III. Time to execute
Unless special stipulation, it is given as an indication and will be automatically extended in case of force majeure, bad weather, strikes, riots or any event beyond our control that has the effect of preventing or delaying the execution of our or significantly increase their cost.
It only starts to run on the day when all the conditions for starting work or starting delivery of materials not dependent on us are met.
Any delay of more than three months, originating from a cause that is external to us, may result in the termination of the contract, on our initiative. In the event of a faulty delay on our part, the applicable penalties may never exceed 5% of the H.T. amount of our benefits, excluding transport, within the limit of the actual damage suffered.
Our prices are tax-free and based on the economic conditions in effect as of the date of our original proposal.
V. Additional work or materials
Any benefit not included in the original proposal will have to be the subject of a client's application, accepted in writing. It will be the subject of new awards.
In the event of a change in the nature of our services, such as in the event of a change of more or less 20% in the volume of sales or works, compared to the quantities provided in the initial estimate, we reserve the right to review the unit prices of our offer.
VI. Terms of settlement
Unless special provisions are made, the payment of our work and materials will be made net and without discount.
For the work, the settlement is as follows:
- 30% as an advance of the TTC amount payable to order by bank or postal cheque, except for the specific conditions of the quote.
- the balance by situations following the evolution of the construction site, being specified that the last situation, which will take place as a final count, will be settled at 100%, deducted from the payments already made.
For materials, the settlement takes place
removal or delivery of materials if we carry them.
Unless otherwise stipulated, invoices will be determined by application of the prices contained in the scales, price offers or quotes given to customers.
The amount of invoices will be determined by including VAT at the rate in effect on the day of billing.
VIII. Delay or default
Any delay in payment may result in the termination of our work or the non-performance of the sale, without any compensation being due to us, eight days after the sending of a formal notice sent by LRAR and which remained ineffective.
Failure to meet one of the agreed deadlines will result in the application 1/ of late payment penalties calculated at the ECB's key refinancing rate (refi rate) plus 10 percentage points, from the date of payment due and 2/ a lump sum compensation for recovery costs of 40 euros.
In the event of a delay or default, by forfeiture of the term, all the sums due immediately become due, from the date of the notice.
IX. Reception of work
The reception is pronounced by the Master of the Work, in our presence, as soon as our work is finished. It will take place as of right, 8 calendar days after the recorded date of completion of the work or in the absence of such a finding, on the day of the purchase of the work by the customer, even without full payment of the price.
If the work was carried out, there would be reservations on the part of the Master of the Work, they would have to be formulated by LRAR within 8 calendar days of the completion date of the work. After this time, no claims about the quality of our work will be accepted.
X. Guarantee and Claims
Our work and sales of materials fall under applicable legal guarantees. Their warranty is excluded for repairs resulting from normal wear or, in the event of deterioration resulting from negligence, failure to supervise or maintain or use non-compliant or, in case of deterioration resulting from a change of for books or supplies.
The seller's liability, in the event of non-compliance as in the case of a hidden defect, is limited to the replacement of defective materials or the reimbursement of the price received, to the exclusion of any other count of injury.
XI. Hidden Defect Guarantee - Advice Obligation
All of our materials, goods and/or supplies are deemed approved by customers as long as they have not submitted written submissions on the delivery order at the time of removal or delivery, confirmed by LRAR, within 48 hours due to foreclosure.
Otherwise, no claim will be admitted after the removal or delivery.
The hidden defect of the thing sold, not likely to be reserved for delivery, will be the sole guarantee of the articles 1641 and following of the Civil Code, expressly reduced to a current year from the delivery of the materials. Any claim not made within a prefix period of 15 business days after the discovery of the hidden defect will no longer be admissible.