1 – PRELIMINARY CONDITION
The following conditions of sale govern the relationship between our customers and ourselves. Consequently, acceptance of our offers by a customer implies his acceptance of these conditions, even if they are contrary to the clauses stipulated on his order forms or letters. Any departure from this rule can only be made with the written agreement of Protection Incendie Cornouaille.
2 – OWNERSHIP OF STUDIES
Any technical study forming the basis of an offer made by our company or during its execution, or even subsequent to the latter, and any document of any nature whatsoever submitted on such an occasion remain the intellectual property of Protection Incendie Cornouaille and may not, consequently, be the subject of any communication by the addressee or his agents to any other person without the written authorization of Protection Incendie Cornouaille. The technical definition described in our quotations is only indicative, the study of realization can modify the solutions or quantities proposed to meet the customer request or the technical proposal defined in our offer.
3 – ACCEPTANCE OF ORDERS AND LEAD TIMES
The times shown on our proposal are indicative. Unless otherwise stipulated and accepted in writing by Protection Incendie Cornouaille, the purchaser may not take advantage of any delays to cancel an order, refuse delivery and/or installation, or claim payment of damages or penalties.
It is hereby specified that any material not installed by Protection Incendie Cornouaille and transported by any external means travels at the risk and peril of the consignee. Unless otherwise agreed, packaging and transport costs are excluded from our offers.
5 – RESERVATION OF OWNERSHIP
We retain ownership of the goods sold until full payment has been received in full. Failure to pay any of the instalments may result in the goods being reclaimed. These provisions do not prevent the transfer to the buyer, upon delivery, of the risks of loss and deterioration of the goods sold, as well as any damage they may cause.
6 – PRICE – VAT RATE – PAYMENT TERMS – DUE DATE CLAUSE
Prices are given exclusive of tax, and may be firm or subject to revision. They are specified in the special conditions. The VAT rate applicable to commercial relations is that in force at the time the work is concluded or the services are fully provided. In the event of payment in instalments, it is expressly agreed that non-payment of a single instalment will result in the remaining sums due becoming payable.
7 – PENALTY CLAUSE
Should we be obliged to take legal action to compel the purchaser to respect his commitments, we will demand, as a penalty under the terms of articles 1226 et seq. of the French Civil Code, an indemnity of 15% of the sums due, with a minimum charge of 100 Euros. This indemnity will be considered as accessory to the claim. In addition, any payment after the date indicated on the invoice will, in accordance with Law 92-1442 of 31/12/1992, result in the invoicing of penalties equal to one and a half times the legal interest rate.
Our installations are guaranteed for 12 months parts and labor, from the date of commissioning and for a maximum of one year from delivery, against any manufacturing defect or operating fault under normal conditions of use.
The warranty on repaired equipment or repairs is strictly limited to 3 months. The warranty shall not be deemed to cover :
- Damage caused by failure to comply with the operating instructions given by Protection Incendie Cornouaille ;
- Consumable equipment ;
- The act of a third party, acts of God or force majeure;
- Damage or accidents caused by the customer’s negligence, lack of supervision or maintenance;
- Malfunctions resulting from accidents that cannot be attributed to a manufacturing defect;
- Problems arising from modifications to the installation or its operating conditions if these have been made without the agreement of Protection Incendie Cornouaille.
- The warranty is limited to the parts covered by the service ordered. Protection Incendie Cornouaille cannot be held liable for any direct, indirect or (and) intangible damage, such as loss of earnings, loss of profit, loss of production or operating loss; in fact the customer, as owner or operator, retains custody of and full responsibility for the operation of the equipment and systems on which Protection Incendie Cornouaille has intervened.
Repairs or supplies carried out during the warranty period do not extend the warranty period.
Protection Incendie Cornouaille has taken out insurance to cover its operating liability.
It is expressly agreed between the parties that the customer and his insurers will waive any recourse against us and our insurers in respect of the operating liability cover beyond the amounts of cover granted to us by our own insurance contracts.
10 – RESOLUTORY CLAUSE
Our sales are subject to a resolutory condition. If the price is not paid in full by the due date, the sale will be cancelled by operation of law, if this is our intention, eight days after formal notice has been given by registered letter with acknowledgement of receipt, reminding us of our intention to invoke the present clause.
In accordance with the French law on the modernization of the economy of 04/08/08 (art. L 441-6 of the Commercial Code),
In accordance with current laws and regulations (Warsmann Act of March 22, 2012), in the event of late payment, the creditor will be liable for
- late payment penalties automatically payable at the ECB rate applied to its most recent refinancing operation plus 10 points,
- a fixed indemnity of 40 euros for collection costs,
- additional compensation for collection costs incurred over and above the fixed indemnity.
Penalties are applied automatically as soon as late payment is detected, and are payable without formal notice or warning to the debtor, in accordance with article L.442-6 of the French Commercial Code and the law of May 15, 2001.
The holdback is not a substitute for payment deadlines, and is covered by a bank guarantee set up at the time of the final invoice and releasable after 12 months.
In accordance with article 1799-1 of the French Civil Code, the project owner is required to guarantee the contractor payment of sums due when they exceed 12,000 Euros excluding VAT (joint and several guarantee, direct payment from a bank loan).
In the event of default, the contractor will suspend performance of the contract after sending the project owner a formal notice which has remained without effect. This entitlement remains in effect for the duration of the contract, until it has been settled at 100%.
13 – SETTLEMENT OF DISPUTES
In the absence of an amicable agreement, any dispute relating to the present sale, even in the event of recourse under warranty or multiple defendants, will fall within the exclusive jurisdiction of the QUIMPER Commercial Court.
Updated November 2023