General conditions of sale and service

1. Scope

All sales or services are subject without exception to these general conditions. Any other term or condition which is not expressly confirmed shall not be accepted notwithstanding any contrary terms that may be inserted on letters, acknowledgements of receipt or other documents from our clients. Any order shall entail acceptance of these general conditions. No modification may be made to these general terms and conditions unless they have been expressly authorised in writing by us or have been the subject of a specific contract and specifying that it intends to derogate from these general conditions. No other person is allowed to accept, confirm or modify any order, or make statements, make promises or give guarantees on our behalf.

2. Offers and orders

The tenders we submit shall only be binding on us within 15 days of their submission. They are subject to revision in the event of a rise in raw materials, unpredictable data, modification of the project being implemented or foreseeable difficulties, but of which we would not have been warned. Our offers are made on the basis of requests from our customers. If they are incomplete, our society will in no way be held responsible for them if a non-expressed need is not met. All our offers are deemed to be made from the head office of our company. Any customer order constitutes a firm commitment on the part of the customer. The contract is deemed to have been concluded on the date of receipt by The Brasseur Company of the purchase order duly completed and signed by the customer.

3. 3. Price and billing

The prices of the products and services offered are those mentioned in the purchase order; they are pre-tax and installation fees, and are payable in advance or upon receipt of the invoice. A down payment of twenty per cent will be made to the order. The mere fact of the deadline constitutes a formal notice from the customer. Any incident and/or late payment at maturity shall, as soon as the payment period expire, automatically and without formal notice, the application of a penalty of delay equal to 5% of the sums due with a minimum of 40 Euros, as well as the charging of all relevant financial, file, notice and recovery costs, without prejudice to the suspension and/or termination of this contract. From the date of the due date, the amount thus increased shall also be productive with an interest of 12% per year, payable without formal notice. Each year started will be considered as a full year. Our invoices are drawn up at the rate in effect on the day of delivery. The risk of foreign exchange shall be borne by the customer. All work remains the property of our firm until the full amount due includes the agreed price, the ancillary costs and the taxes.

4. Delivery time

Delivery and delivery times are given as an indication only. Exceeding any time limit for, in particular, delay of our suppliers or unforeseen difficulties may under no circumstances be invoked to claim damages and/or avoidance of the contract.

5. Guarantee

The Brasseur Company does not provide any guarantee, express, implied or otherwise, and excludes in particular any implied or express guarantees concerning, in particular, the ability of the Service to meet the specific expectations or needs of the customer. The only guarantee granted is that imposed by the legislation in force.

6. Claims

In order to be valid, any claim must be made within eight days of receipt of the invoice, by registered letter. Any claim shall not suspend the liability of the amounts due. The customer agrees that, whatever the legal basis of his claim and the procedure for achieving it, the possible liability of our company for the performance of the agreed services will be limited to the total sum actually paid by the customer for the services provided.

7. Legal responsibility

The client assumes legal responsibility for the work he has ordered. Our company disclaims any responsibility for the work ordered by the customer and subject to its approval. Our company shall not be liable for any loss of profits, claims or claims against the customer or from any third party. The loss, damage or other damage that may occur during the course of the work does not engage our responsibility.

8. Force majeure

Neither party shall be held liable to the other for non-performance or delays in the performance of an obligation arising from this contract which would be due to the occurrence of a case of force majeure usually recognized by case law.

9. Assignment of jurisdiction

In the event of a challenge, the Commercial Court of the judicial district of our registered office will have sole jurisdiction, even in the case of a plurality of defendants or an appeal for security.