Bovis déménagement, transport



20th March 2024



The acceptance of our quotations and the delivery of any goods automatically implies the unreserved acceptance of our GCS, notwithstanding any contrary stipulations that may appear on the customer’s purchase orders or other document. The sending by the customer of his purchase order referring to his CGA is unenforceable to the company.

Article I – Qualification of the contract
It is accepted between the company and the client that this agreement shall be qualified as a service and that it is governed as such by the rules of the Commercial Code pertaining to this contract.

Article 2 – Information to be provided by the client
The contract is drawn up in accordance with the information provided by the client in a timely fashion so as to allow for normal organisation of the work, as follows:

 The nature, number, weight, size of the furniture and materials to be supported and the plans necessary for their implementation and/ or handling (positioning of the slinging points).
 A description of the places of loading and delivery as well as the conditions and state of access to the premises (possibilities for parking, doors, stairs, goods lift, work underway and all other particularities).
 Description of objects whose transport is subject to special regulations, with the administrative formalities being under the responsibility of the client.

Article 3 – Report or cancellation of the contract

The report or cancellation by the customer gives rise to a compensation of 20% of the agreed price if it occurs less than 5 days before the start of the operation, 80% if it occurs the day before and 100% the same day. In case of postponement or cancellation for force majeure and/ or bad weather, high heat, all the costs incurred by the company will be divided in half between it and the customer

Article 4 – Services performed by the company
The services are defined and agreed with the client and stated in our estimates.
The operational staff is not empowered to modify the contract or to agree to do work that is not planned, nor, unless otherwise agreed, to proceed with operations of reassembling moveables and materials when said staff has not proceeded with dismantling them.
All services not stipulated in our estimates must be subject to a written agreement or to an additional estimate prior to the beginning of its performance.
If the operations were to be carried out without the company knowing about it, it shall be released from all liability and that of the client possibly engaged.

Article 5 – Subcontracted services
The company maintains the option, under its entire responsibility, of entrusting realisation of the services to one or more third-party companies appointed as subcontractors.

Article 6 – Validity of the prices
The prices fixed in the contract can be modified only if unforeseeable charges independent of the will of the company, linked with the methods of realisation, occur prior to or during the work. The prices given by the company are valid for a period of three (3) months as from the date of the estimate.
Article 7 – Payment
The terms of payment are those stipulated in the quote. The existence of disputes does not constituted an exemption from the agreed conditions of payment. The client acknowledges the company’s option to exercise its right of withdrawal on the moveables and materials in its possession until such time as payment is complete.
Penalties on delay in payment: 1.5 % per month of delay.
All-inclusive compensation foe collection: €40 per invoice (art. D.441-5 of the Commercial Code).
No discount for early payment, setoff prohibited unless otherwise agreed by the Bovis Group.

Article 8 – Compulsory presence of the client
The client or its representative shall be present both at the time of departure and at that of arrival and shall ensure that nothing has been forgotten at the places of loading.
If the client or its representative is absent, the operations shall take place normally in accordance with the plan for placing the moveables and materials, if one exists, without its being subsequently asked that they be moved, involving additional handling.

Article 9 – Reliability for losses or shortages
The company is responsible for the furniture and equipment entrusted, except in cases of force majeure, own defect or disruption of the thing, because of the third party or fault of the customer (Art L133-1 of the Commercial Code), it is up to the customer to check the resistance of the load on the ground, as well as all hidden ducts (water, electricity...) and all aggravating risks the good realization of the service.
The company shall not be liable for any transactions not carried out by its substituted agents or intermediaries.
Under no circumstances can we be held liable for damage to the goods as a result of false or inaccurate indications or as a result of lack of information or precise indications essential for the proper execution of the operation.
The company cannot be held responsible for damages found during the unpacking of a good if its packaging is intact and if it was made by the customer or his supplier.
The company’s liability is limited: In national transport, under Decree No. 2017-461 of 31 March 2017 (for a shipment of – 3T: 33 €/kilo without exceeding 1000 €/parcel). In international transport, the company strictly applies the Geneva CMR. In Handling, it is limited to € 22,867 per unit entrusted regardless of weight, volume or size. In storage, it is limited to 750 € per package (without exceeding 10,000 € per claim) The theft is limited to 10% value of the property entrusted and subject to deductible. If the value of the goods entrusted is exceeded, the company can take out Ad Valorem insurance at the customer’s request.
Compensation shall be granted within the limits of proven and justified damage.
The handling fees, processing fees etc., which would be invoked by the client, are excluded from any compensation.

Article 10 – Responsibility for delay and consequential consequences for losses and shortages
Except in cases of “force majeure”, the company is required to repair the immaterial consequences of losses and damage for which it is recognized responsible. The compensation is then limited to the proven and justified damage, and may not exceed 25% of the excluding tax price of the operation listed in the quote and with a maximum of 10,000 €

Article 11 – Criminal and administrative liability
The client in its capacity as principal engages its own responsibility if its instructions prove to be at the origin of infractions committed by the company.

Article 12 – Formalities at end of work
Upon completion of the work, the client must check the condition of the furniture and materials and give discharge as soon as the installation is completed using the declaration of end of work.
In the event of loss or damage, in order to safeguard its rights and means of proof, the customer must issue precise and detailed written reservations upon delivery and/or termination of the service, in the presence of the company representatives. Reservations must be indicated on our worksheets and confirmed in writing (LR/AR mail or email) within a maximum of 3 days. Otherwise, the customer is deprived of the right to act against the company (Art L133-4 of the Commercial Code).

Article 13 – Prescription
Any legal action or simple claim for damage, loss or delay to which this contract may give rise must be brought within one year after the end of the work. This limitation period of 1 year does not apply to the company’s debt collection actions.

Article 14 – Competence
Any disputes that might arise from this contract shall come under the exclusive competence of the courts of law where the company’s registered office is located, even in case of the introduction of third parties or in that of multiple defendants.