Field of application
The principal having buyer’s status, that he acts for his own account or that he is appointed by a final customer when it is about a professional intermediary, accepts without reserves during the signature of the order of mission the present general conditions of sale which applies in its entirety and prevailing on quite other document emitted(uttered) by the buyer, including his usual terms of sale. If necessary established by the society EAU-DICEE, these general conditions of sale can be completed by particular conditions of sale appropriate for every proposed service.
Estimate are established on the basis of the information supplied by the customer and engage the EAU-DICEE society only on these elements. They are valid 30 days as from the date of issue. The sale of the service is concluded only on the return to the estimate carrying(wearing) signature and handwritten mention ” check for agreement ” or of the order of mission validated or signed.
According to the rule, the principal has to sign and inform the orders concerning the concerned good, define the object of the mission and give all the useful and indispensable information which can be demanded by the society EAU-DICEE or necessary in the knowledge of the constraints or the history of the immobilier survey reports, invoices of works, etc… He has to make him(it) in any sincerity and EAU-DICEE cannot be declared responsible in case of error, of false statement or of voluntary neglect or not on behalf of the principal. Any modification brought later to the initially signed orders must be made in writing and will have to take the preliminary agreement of the society EAU-DICEE. it will be the same for any report of service(performance) or expertise there not entering within the framework of the File of Technical Diagnosis.
Reports of diagnoses and the other services:
In application of the rule on the File of Technical Diagnosis, the EAU-DICEE society will send to the principal by mail way an original copy signed by the file of diagnosis, answering the criteria stipulated in the standards current at the time of the report. The edition and\or the sending of supplementary copies at the request of the principal or within the framework of an updating for free of diagnosis, will be the object of a fixed 15€ invoicing TTC for freshly administrative. Besides the EAU-DICEE society commits to a transparency of the conclusions, to a confidentiality of the results of its observations with exclusive destination of the principal or his principals indicated in writing and to the use of any means which EAU-DICEE will appreciate supremely (type of material, number of taking for analysis) so that the report answers the statutory requirements. Reports containing a contents and\or numbered pages, it is forbidden to use with one third of a report of the society incomplete, crossed off or truncated EAU-DICEE. Any deceitful use of all or any of a report handed by EAU-DICEE will result at once legal proceedings. It will be the same for any report(relationship) of service(performance) or expertise not entering within the framework of the File(Case) of Technical Diagnosis.
Clause of property
Before the sending of the reports(relationships) of real estate diagnosis, service(performance) or expertise, the contractor or his(her) principal indicated(appointed) in writing must have paid entirely and by the usual ways(means) (check, sorts(species) or transfer) the mission with regard to the invoice which will be put back(handed) to him(her). The defect of preliminary regulation(payment) however some motives it is, except written acceptance of the society EAU-DICEE entrainera the blocking of the handing-in of the reports. These reports(relationships) will remain the property of EAU-DICEE up to the complete payment of the invoice. In case of multiple missions contracted by a single contractor, it is the total amount TTC of the missions that Missions who must be beforehand adjusted. No deposit(advance) will be declared sufficient(self-important) except acceptance by the society EAU-DICEE.
EAU-DICEE will suit in agreement with the contractor during the command of the modalities of realization of the mission (date and time slot of meeting(appointment), identity of the person accompanying person or present during the mission, the accessibilities such as code of door, etc.) EAU-DICEE makes a commitment to respect this appointment. In case of hindrance, will be proposed to him(her) another meeting(appointment) as soon as possible. The contractor makes a commitment for its part to respect the fixed meeting(appointment) and to warn EAU-DICEE at least 24 hours in advance in case of impossibility or of adjournment(transfer) of the meeting(appointment). Should the opposite occur, the contractor will have to support(bear) a fixed invoicing a fixed 50€ invoicing TTC in compensation of the travel(movement) and of lost time(weather).
CANCELLATION AND TIME TO THINK
When an orders or an estimate was physically signed or validated by internet by the contractor, this one will have the possibility of cancelling quite or left this order within 7 days. He has to make him(it) by registered letter with recorded delivery received by EAU-DICEE at least 24 hours (date of presentation(display)) before date planned by the mission. Any cancellation for the deadline lower at 12 pm will result to the invoicing and the complete payment of the mission initially contracted. (That is in the same conditions and deadlines as if the mission had been realized). The deadline of 7 days does not apply, if the intervention was fixed in this interval to the demand or with the agreement of the contractor.
PRICE LIST AND LATE CHARGES
Only price lists spread directly by the society EAU-DICEE commit it. They can be revised without advance notice and will apply from then on immediately in the day of the revision, except for current estimate (validity 30 days) the prices of which are guaranteed. Any specific demand(request) or not appearing very exactly on our price list will be the systematic object of a preliminary estimate. All our prices are expressed in euros inclusive of all taxes. Besides according to the article L.441-6 of the commercial law, late charges are due for lack of payment in the daytime according to the date of payment which appears on the invoice. The rate of these penalties is annual 20 % with a fixed compensation of 40 for collection charges.
DISPUTES AND CHOICE OF JURISDICTION
The French law is applicable as regards these general terms of sale and the contractual relations between EAU-DICEE and his customers. Any dispute which could not be resolved amicably will be of the court’s jurisdiction of Business of Lorient ( 56 ) about is the place of the head office or the residence of the customer, in spite of plurality of defenders or appeal in guarantee.