General conditions of sale applicable on January 1, 2014
In addition to this, you need to know more about it.
Unless otherwise agreed in writing, any order automatically entails the buyer's acceptance of all of our General Terms and Conditions of Sale.
These T & Cs replace the previous ones and are subject to change without notice. They take precedence over the general purchasing conditions of customers.
Customer orders are only binding upon us after acceptance by sending our order acknowledgments. Our catalogs and technical and advertising documents are not contractual and may not be considered as a binding offer. Our quotes are valid for one month from the date of issue.
All sales are invoiced at the prices and conditions in force on the day the order is placed. Prices may, however, be modified due to variations in their economic components between the date of the order and the day of dispatch. In the event of deferred delivery by the customer, storage costs may be charged. Our prices are "departure" from our workshops. For products invoiced per m2, dimensions, areas and prices are determined with two decimal places, any fraction of the second decimal being rounded to the next higher unit. For volumes other than rectangular or square, the area considered is that of the circumscribed rectangle or square.
Our quotes as well as our drawings and models which may accompany them remain our property. They cannot be communicated to third parties without our authorization under penalty of damages.
Our products are cut and shaped or manufactured with tolerances in accordance with professional rules. In the event of cancellation of an order or modification of it during the manufacturing period, the customer's products will be made available to him and will be invoiced to him.
We take our best care to respect the deadlines indicated. Any delays do not give the purchaser the right to terminate the sale, to refuse the goods or to claim damages. In any event, our responsibility cannot be engaged:
would not have been respected; - execution of orders would not be given to us in good time; transfer or installation, fortuitous events, etc.
Our packaging is only designed for the transport of our products. These must be stored according to the rules of the art upon delivery to avoid any alteration. All specific or exceptional packaging or equipment will be invoiced. So-called “lost” packaging cannot be reused. Reusable apparatus may be repurchased, with a reduction depending on their state of obsolescence or missing accessories.
7. TRANSPORT - DELIVERY
Our sales are made "departure" from our workshops. The goods travel at the risk and peril of the recipient, even when they are shipped postage paid. It is the recipient's responsibility to make any necessary reservations with the carrier before taking delivery of the goods, and to confirm said reservations to him within three days by registered letter in accordance with article L 133.3 of the Commercial Code.
We do not accept to accept glass or other products belonging to third parties. If by exception we consent, they would be deposited at the risk and peril of their owner and we could not be held responsible for their deterioration or loss. Such a service will give rise to invoicing and in the event of delivery deferred by the customer, additional storage costs may also be invoiced.
Our work contributing to the construction of building works is guaranteed in accordance with the provisions of articles 1792 and following of the Civil Code. For our installation activity and in the absence of a work acceptance report, between the two parties, the start date of the legal guarantee will correspond to the date on which the customer takes possession of the premises. Installation pricing is scheduled for execution during normal working hours. If, for emergency reasons, it had to be done in overtime, the increase resulting from legal provisions or mentioned in the collective agreements of the profession would be invoiced in addition.
Our possible liability in the event of breakage or deterioration during handling or assembly of glass elements delivered by us is always strictly limited. this cannot extend to the consequences of delays in the delivery of replacement volumes, in particular for those requiring special execution in the factory without taking into account the added value for work that the customer was able to have it performed by third parties. We disclaim any responsibility, etc.) not performed by our staff, mirrors, glasses and other products previously installed would break. Consequently, the costs relating to the replacement of these products, including labor costs, will be invoiced. In the case of removal of a glass element attached by gluing to other glass elements, the breakage or deterioration of the latter during take-off operations constitutes an additional cost invoiced, both for the value of the glass elements themselves and for the associated removal and installation costs. As hardened or prefabricated products cannot undergo any alteration after manufacture, we can only order them in the factory after approval of our plans by the client or his architect.
The measures indicated on our plans or agreed by letter must be scrupulously observed. If not, we would be forced to postpone the fitting of glasses and glasses until the measures and levels are in conformity, as well as a possible revision of the price and the fitting conditions for the service communicated.
Unless otherwise specified in our quotes, work after installation by us, fittings of all kinds, etc. ) are not at our expense and must be executed by the respective trades, according to our instructions. Our installations are carried out in accordance with professional rules, and include in particular assembly sets in accordance with the rules of the Art, to which are added the manufacturing tolerances of the manufactured products. Periodic cleaning, tightening and adjustments of metal parts in glass and tempered glass installations are part of normal maintenance at the owner's expense. Hydraulic door closers and electric strikes only benefit from the manufacturer's warranty, subject to normal use.
An invoice is established for each delivery. This invoice will include the information provided for in Article L. 441.3 of the Commercial Code.
11. RETENTION OF OWNERSHIP
THE TRANSFER OF OWNERSHIP OF THE GOODS IS SUBJECT TO FULL PAYMENT OF THE PRICE AND ITS ACCESSORIES, NOTWITHSTANDING ANY CONTRARY CLAUSE. THE CUSTOMER SHALL BE RESPONSIBLE FOR DELIVERY TO THE CARRIER FOR THEIR DELIVERY TO THE PLACE OF DELIVERY STATED IN THE ORDER, THE RISKS OF LOSS AND DAMAGE TO THE PRODUCTS SOLD, AS WELL AS THE DAMAGE THAT THEY MAY OCCUR.
The customer must keep the goods in such a way that they cannot be confused with other material, and in particular preserve the identification marking. In the absence of full payment, the customer undertakes to return the goods and will bear the possible costs of invoking the retention of title, the deposits paid will remain with us as compensation.
For customers with an account with the company, our payment terms are 30 days, date of issue of the invoice, without discount. For occasional customers, our payments are in cash. Any payment when ordering or during the order constitutes a deposit.
The customer cannot be released from his payment obligation by renouncing the execution of the order once it has been accepted by sending an acknowledgment of receipt of the order and / or by not withdrawing his order within the agreed timeframe.
In the event of early payment, no discount will be granted to the customer. All drafts upon acceptance must be returned to us no later than eight days after receipt. Failure to return the item will be considered a refusal of acceptance comparable to a default in payment within the meaning of Articles 11 and 13 hereof.
In the event of a change in the legal or financial situation of the customer, we reserve the right, even after partial execution of the order, to require guarantees to continue its execution.
For our COMPANY activity, the prices established are understood to be 50% payment on the order and 50% during or at the end of the execution, in one or more installments as the order progresses.
13. DELAY OR DEFAULT OF PAYMENT
In the event of extension of the due date and / or non-payment at the agreed term, late payment interest calculated on the basis of three times the legal interest rate from the missed due date, will be billed to the customer. . Pursuant to article L. 441.6 of the French Commercial Code, penalties are payable as of right upon receipt of the notice informing the customer that we have debited them. A lump sum compensation for recovery costs of 40 euros will be due automatically from the first day of late payment. This compensation is due for each invoice paid late. In the event of late payment, the company may, moreover, suspend all orders in progress several deadlines would be due to the Company, the non-payment of one of them would automatically entail the demand. immediate reliability of the outstanding balance.
14. RESPONSIBILITY - GUARANTEE
Any complaint, concerning quantities or conformity, must be made by registered letter with acknowledgment of receipt within 8 days of receipt of the goods. After this period, no complaint can be accepted. Once this period has expired, we guarantee our products under the conditions provided for in articles 1641 and following of the Civil Code, excluding indirect damage. Actions due to a hidden defect can only be brought within a period which may not exceed 3 months from the appearance of the disorders and the maximum period of 5 years provided for in article L. 110.4 of the Code. of business. Our company is not responsible for the use of goods showing an apparent defect not noted on delivery. Our company is only required to replace the goods recognized by us as non-compliant and after recovery of the product that is the subject of the dispute. We are never liable for indirect damage or damage resulting from the use of our products that does not comply with the rules of the art, our installation instructions, the DTUs in force, as well as any breakage or deterioration resulting from it. improper handling, defective transport or storage conditions that do not comply with our prescriptions or the use of our products under unfavorable physical or chemical conditions. The maintenance over time of the performances de - qued according to the state of the art in force, is subordinated to their conditions of maintenance and use, as well as to the lifespan of the various components associated with the glass. The colors of our products may vary slightly depending on the manufacturing and depending on their aging over time. Consequently, we cannot guarantee the restocking in a color perfectly identical to the first delivery. In addition, our samples are only provided as an indication of the final appearance of the product.
The work that is requested on entrusted products is always carried out by us with the greatest care, but due to their very nature and the risks they present, they are always carried out at the risk and peril of the customer, without any guarantee or liability on our part, nor any replacement obligation. We do not accept to take care of glass or other products belonging to third parties.
15. ATTRIBUTION OF JURISDICTION
For all our customers, all disputes, whatever the subject, will be the responsibility of the head office of our company.