GENERAL CONDITIONS OF SALE FOR ADMINISTRATIVE AND INDUSTRIAL REMOVALS,
TRANSFER AND HANDLING OPERATIONS & STORAGE
Acceptance of our quotations and remittance of all merchandise entails acceptance ipso jure without reservation of our general conditions of sale notwithstanding all stipulations to the contrary that might be included on the client’s order forms or any other document. Sending by the client of its order form referring to its general conditions of purchase is not enforceable against us.
CHAPTER 1 – GENERAL PROVISIONS
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 moveables and materials to be taken charge of as well as the plans necessary for their implantation.
- 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 – Postponement or cancellation of the contract
The report or cancellation by the client gives rise to an indemnity of 20% of the agreed price if it occurs less than 10 days before the beginning of the operation, 80% if it occurs the day before and 100% on the same day. In the event of report or cancellation for force majeure and/or inclement weather, all the costs incurred by the company will be divided by half between the company and the customer.
CHAPTER II – NATURE AND EXTENT OF THE SERVICES
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.
CHAPTER III – PRICE AND METHODS OF PAYMENT
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
If the terms of payment are not determined by the parties, half of the payment is made at the time of ordering with the balance being paid at the end of the work. 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.
CHAPTER IV – METHODS OF PERFORMANCE
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.
CHAPTER V – RESPONSIBILITY
Article 9 – Reliability for losses or shortages
The company is responsible for moveables and materials with which it is entrusted, except in cases of force majeure, a defect to or a disturbance to the thing due to the third party or an error committed by the client (art. L133-1 of the Commercial Code). In particular, it is incumbent of the client to ensure the resistance of the load on the floor as well as all hidden ducts (water, electricity, etc.) and to take account of all risks hampering smooth performance of the service.
The company declines all responsibility with regard to operations that might not be performed by its employees or substituted intermediaries.
In no case can our responsibility be engaged for damage that occurs to the merchandise as a result of false or inaccurate instructions or due to a lack of information or instructions which are indispensable to proper performance of the operation.
The company cannot be held liable for any damage found during the unpacking of a merchandise if its packaging is intact and if it has been carried out by the client.
The company’s responsibility is limited in national transport to application of decree no. 2017-461 of 31 March 2017 (for a shipment of 3T: €33 per kilo without exceeding €1,000 per parcel). In international transport, the company strictly applies the RMC of Geneva. In handling, it is limited to €22,867 € per unit, whatever the weight, volume or size. In storage, it is limited to €750 € per parcel (without exceeding €10,000 per claim). If the value of the merchandise with which the company has been entrusted is exceeded, the company can, at the client’s request, take out an insurance policy with Ad Valorem.
Compensation takes place within the limit of the attested loss.
Article 10 – Responsibility for delay and consequential consequences for losses and shortages
Except in cases of force majeure, the company is required to compensate the indirect consequences of the losses and shortages for which it is recognised to be responsible. Compensation takes place within the limit of the attested loss and cannot exceed 25% of the price net of taxes of the operation included in the estimate and with a maximum of €10,000. The client has the possibility, on written declaration prior to the beginning of operations, of requesting an extension fixing the precise amounts of possible losses, which declaration will be effective after written confirmation by the company and/or its insurer.
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
On completion of the work, the client shall ensure the state of the moveables and materials and, using the declaration of end of work, give discharge for such as soon as the moveables and materials have been placed.
In case of loss or shortage and in order to protect its rights and means of proof, the client shall issue, upon delivery, in the presence of the company’s representative, written, precise and detailed reservations. The reservations must be stated on our worksheets and confirmed by recorded delivery letter with acknowledgement of receipt within a maximum of three (3) days. Otherwise, the client is deprived of the right to take action against the company (art. L133-3 of the Commercial Code).
CHAPTER VI – CHANNELS OF RECOURSE
Article 13 – Prescription
Court actions for shortage, loss or delay that might result from this contract must be instituted within one (1) year following the end of the work (art. L133-6 of the Commercial Code). This 1 year limitation period does not apply to actions in debt recovery.
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.
The General Terms of Purchase can be consulted on the website: