General Conditions
GENERAL CONDITIONS OF SALE
In case of acceptance of the estimate :
1° Send a copy of the signed and dated quotation to ARTBOIS Etalle SA , Belle épine , n°4 6740 Etalle
(This within the validity period)
2° Pay a deposit equal to thirty percent of the total amount of the invoice one month before the beginning of the work.
3° Inform ARTBOIS of the progress of the work
4° Send ARTBOIS two complete copies of the plans and specifications.
A. TECHNICAL EXECUTION CLAUSES
- STUDIES
The studies and execution plans are only provided in case of assembly by us. A period of time (minimum 20 working days) will be agreed upon for the preparation of the first documents. If modifications are requested, an additional period of 10 working days will be granted each time.
We retain full intellectual property rights to our projects, studies and drawings, which may not be used, communicated, reproduced or executed, even partially, in any way whatsoever, without our written authorization
In case of supply without assembly, the purchaser assumes full responsibility for the measurements taken by himself on site.
Prices quoted or invoiced are strictly confidential.
- DEADLINE
The turnaround time will be agreed upon (minimum 30 working days) after receipt of the last approved documents.
If the contractual period is extended at the request of the purchaser, the purchaser shall take delivery of the materials supplied, and these goods shall be invoiced and the invoices shall be payable as if the assembly (or delivery) had not been delayed. On the other hand, in this case, the new date of assembly will be fixed by mutual agreement, taking into account the supplier’s schedule. In the event of temporary suspension of the work by the purchaser, the deadlines for its execution shall be extended by operation of law and without compensation. In case of a contract with a deadline in calendar days, the deadline will automatically be extended in cases of exceptional3l.e2s let unforeseeable circumstances.
- RECEPTION – FINISHING .
The products are approved by the customer at the factory or are supposed to be. The fact that we are responsible for the transport does not change this condition. Therefore, we do not accept any responsibility for damage that may result from the presence of other materials on site.
We draw the customer’s attention to the fact that the insecticide/fungicide coating and, eventually, the varnish coating of any kind, applied in the factory, cannot be considered as a decorative painting. It is also practically impossible to avoid the dirt resulting from the presence of other construction workers on site. This situation makes it necessary to finish and paint later if the frames remain visible and have a decorative role. This completion is not at our expense.
We do not give any guarantee on beams removed or delivered unvarnished (no regulation of humidity variations).
- IMPLEMENTATION .
Unless otherwise agreed, our work is executed in one phase. If special provisions are required, it is important that these be specified on the plans or specifications prepared by the project developer.
We reserve the right, during the manufacturing process, to adapt the dimensions initially planned in accordance with our supply of raw materials.
We reserve the right to subcontract all or part of our work under our responsibility.
The foundations are executed under the full responsibility of the purchaser and are assumed to be designed to accommodate the load-bearing forces and thrusts due to the structure and bracing. On the other hand, the owner undertakes to maintain the materials used in a perfect state of maintenance and to inform us immediately of the least disorders of stability.
- DELIVERIES – ACCESS .
When the price is agreed free of charge, whether assembled or not, the unloading of our materials is, unless otherwise agreed, at the buyer’s expense. He must use his own handling accessories (slings, etc…) which must be appropriate to the loads.
Our transport costs by truck include a maximum of 1 hour immobilization of the vehicles for unloading. Any additional downtime due to waiting or unloading itself will be charged to the buyer.
The work site must be accessible to heavy vehicles and free of any obstacles. A sufficient storage area allowing storage in good conditions will be allocated to us at the beginning of the work. It will be considered final for the execution of the entire work. Any stock removal will be charged. The existence of underground pipes or voids of any kind on the entire property and its accesses must be reported to us in a precise manner before the beginning of the work and their location identified; otherwise we decline all responsibility for the damage that we could cause.
- EDITING.
The site must be completely ready to receive our fitters. The ground will be strong enough to allow the movement of lifting equipment. The presence of other companies will be forbidden at the place of assembly. Electricity 220V/25A, water, a lockable room will be provided free of charge from the beginning of the work. If these conditions are not met, the work may be interrupted and the deadlines postponed full right. The supervision of the construction site is the responsibility of the buyer who is responsible for any damage or theft that may occur to our supplies. Any work that would have to be repaired or redone due to third party causes and events will be charged.
The waste of our work will be collected by us at the place chosen by mutual agreement between our driver and the customer. Their evacuation remains the responsibility of the customer. No “prorated” account will be charged to us without our written consent.
The climatic management (temperature and humidity) of the interior environment is the responsibility of the customer and this to limit the movements due to the dilatations (valid also for the panels).
- SPECIFIC TO TIMBER FRAME CONSTRUCTIONS, SOLID WALLS AND WOODEN SLABS:
In case of postponement of the installation date, whoever is responsible for it, Artbois will not take charge of any temporary protection of the facades. An offer of service may be submitted.
A work delivered with under-roof and external wood panels is planned to resist one month maximum to bad weather, some infiltrations can normally occur, in case of intervention postponed for the cover, temporary protection to be installed, not included in our offers.
Unless otherwise stated and signed by Artbois, the present conditions prevail over all others. Our production and deadlines start after signing our production plans (which then replace the architectural and/or stability plans), the production will start after receiving all technical details. It is the responsibility of the client and then of the owner to maintain the relative humidity level inside the building between 35 and 55%.
B. GENERAL CONDITIONS OF SALES AND PURCHASES
(completed by those included in our offer)
- APPLICATION:
these general terms and conditions and, where applicable, our special terms and conditions, apply to all our offers, contracts and agreements, to the exclusion of any other terms and conditions of the purchaser, unless otherwise agreed in writing and signed by us.
- FORMATION OF THE CONTRACT :
- Orders, agreements and commitments, as well as changes to orders, are only binding on us if confirmed by us in writing. Our company is released from all responsibilities in case of total or partial non-fulfilment of an order due to a case of force majeure such as strike, lock out
,bad weather, international events, etc…
- Contracts are always processed at the rates of transport, customs, exchange, etc… which govern them at the time of their acceptance; we reserve the right to increase the price in the event of any increase in the above-mentioned
- All taxes, V.A.T. etc. … are charged to the buyers; in these exemptions, they must report in writing to the
- In the event of a change in the financial situation of the purchaser and/or refusal of coverage by our credit insurance company, we reserve the right to terminate the contract or to demand first-class guarantees, before or during the execution of the contract, regardless of the payment deadline indicated.
- In case of cancellation of the contract, we will charge the customer 20% of the total amount of the offer plus the work already done.
- DELIVERY :
- All goods must be received and approved prior to performance, or deemed so by the request to ship.
- All goods travel at the risk of the consignee, even in case of free shipping; free shipping only implies for us the obligation to include, in our selling prices, the costs of
- The deadlines are only given as an indication and are not binding: a delay in delivery can only give rise to damages or the right to cancel the order if this has been specifically stipulated. All cases of force majeure are reserved for our benefit and the purchaser shall not be entitled to terminate the contract, nor to take action for damages on our behalf.
- In case of postponement of the delivery or assembly date, 4,5 €/m3/day will be asked with a minimum of 0,30 €/m2/d for storage costs
- PAYMENTS :All our invoices (and drafts) are payable at our administrative headquarters in Etalle
All complaints concerning our invoices must be made in writing within 5 days of receipt; after this period, they will no longer be received.
- The seller reserves the ownership of the goods until full payment is received. The risks are at the charge of the purchaser. The deposits could be preserved to cover the possible losses with the
- Unless otherwise agreed, payments are made either in cash, within 5 days of invoicing, with a deposit to be agreed, or within 30 days of delivery, if not covered by our credit insurer, 50% deposit at the time of order, the remainder before collection and at the latest before the end of the term.
- Any sum unpaid on the due date will automatically bear interest at the rate of 12% without notice.
It is also expressly agreed that in case of non-payment of an invoice on the due date, the latter will be increased by a fixed and indivisible compensation of 20% with a minimum of 50 €. This clause is accepted by the customer in application of articles 1147- 1152-1229 of the Civil Code.
Legal fees will be due in addition in accordance with articles 1017 to 1024 of the Judicial Code.
- Non-payment of an invoice on its due date shall result in the immediate payment of the balance of the account and shall entitle us to cancel the contract or suspend deliveries without any formality or recourse by the purchaser for the balance to be provided, but subject to all damages in our favour.
- An intermediate invoicing can be made at the end of each month according to the deliveries or work carried out.
- We reserve the right to modify the amount of an order according to the evolution of the price of raw materials.
This clause can be cancelled:
- in case of a written agreement signed by both parties beforehand
- by payment of the raw materials at the time of the confirmation of order (according to agreement and deadlines to be agreed)
- INSURANCE:
The order implies that the MO is insured All Risks site. ArtBois limits its liability in case of damage to a maximum amount of 1.250.000,00 € or 650.000,00 € if fire, explosion, water.
It is up to the customer to take out additional insurance if he/she deems it necessary.
- JURISDICTION:
In the event of a dispute, we reserve the right to choose the courts and tribunals, even in the event of connexity, intervention or guarantees.
- COORDINATION OF SAFETY WORKS :
The buyer shall provide Artbois with a copy of the safety coordination plan as well as the name and contact information of the designated person in charge. No delivery with a truck crane or installation can be carried out before the reception of the order at this level. Valid from 01May01.
- ADVERTISING:
The purchaser accepts for the duration of all the works the installation of advertisements for a surface equal to 1/100th the surface of the building.
The purchaser accepts for an unlimited period of time advertising signs placed on the works for an area up to 5/100 of the surface of the works.
