{"id":12,"date":"2021-01-08T15:18:22","date_gmt":"2021-01-08T14:18:22","guid":{"rendered":"http:\/\/experts-clement.fr\/?page_id=12"},"modified":"2021-01-08T15:50:27","modified_gmt":"2021-01-08T14:50:27","slug":"general-conditions-of-sale","status":"publish","type":"page","link":"https:\/\/experts-clement.fr\/index.php\/general-conditions-of-sale\/","title":{"rendered":"GENERAL CONDITIONS OF SALE"},"content":{"rendered":"\t\t
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GENERAL CONDITIONS OF SALE<\/b><\/span><\/p>

Article 1: Application of General Conditions<\/b><\/p>

Unless otherwise provided for in writing, these general conditions of sale apply without restriction or reservation to all services requested orally or in writing by the client to the company, as well as to any other request in connection with the said service.<\/p>

Article 2: Definitions<\/b><\/p>

2.1. Company Offices\u00a0<\/i><\/p>

Experts Cl\u00e9ment & Associ\u00e9s accredited surveyors private limited liability company as well as all of its employees and all parties with whom cooperation or authorization is necessary or effective for the service.<\/p>

2.2. Client<\/i><\/p>

Natural or legal person or the company or administration requesting and remunerating the services of the company. If the client acts by delegation, the client must specify the identity of the natural or legal person who benefits from and \/ or who pays for the said service.<\/p>

2.3. Service<\/i><\/p>

The service comprises all technical acts performed by the company to carry out the works entrusted by the client. It ends with the delivery of the final written report (or verbal in the event of a specific request) to the client, together with the costs and fees of the expert surveyor’s office.<\/p>

2.4. Contract<\/i><\/p>

The surveyor\u2019s expertise contract is considered conclusive only after receipt by the client of the written service works order from the company\u2019s office.<\/p>

Article 3: Obligations of the Parties<\/b><\/p>

3.1. Obligations of the Company Office\u00a0<\/i><\/p>

The company must perform the service in accordance with the instructions given by the client, with respect to the current rules and practices of the profession and the methods which are, accordingly, the most appropriate.<\/p>

The company issues a final report on the basis of the information provided by the Client and cannot be held responsible for any inaccurate or non-presented elements.<\/p>

All data, correspondence, documents or analyses are stored by the expert for the duration of the service and for a period of one year after submission of the final report, unless having received written instructions to the contrary.<\/p>

Notwithstanding the provisions of the preceding paragraph, the storage period for material elements taken as part of the service is three (3) months from the submission of the report, unless otherwise agreed to in writing between the Parties.<\/p>

3.2. Obligations of the client\u00a0<\/i><\/p>

The client must communicate as soon as possible to the company all necessary or pertinent\u00a0 <\/span>information for the proper performance of the assigned service. It is the client’s responsibility to inform the company of the potential or proven existence of risks or dangers that could affect the physical or moral integrity of the company during the service.<\/p>

Article 4: Costs and Fees\u00a0<\/b><\/p>

The total or partial service of the company gives rise to the payment of costs and fees on presentation of the company\u2019s invoice. Payment of the invoice must be made within 30 days, date of receipt. In the event of late payment, late payment interest will be due at the legal rate. Any dispute between the client and the company does not dispense with the invoice payment and any subsequent legal penalties for delayed payment.<\/p>

Article 5: Responsibility<\/b><\/p>

5.1. General responsibility<\/i><\/p>

The company remains subject to a simple obligation of the means to duly perform the service. It can only be held liable in the event of proven gross or intentional fault, and provided that this fault is the direct and exclusive cause of the alleged damage or prejudice. The company assumes no responsibility for indirect or consequential damages.<\/p>

The company cannot be held responsible for:<\/p>

  • any damage resulting from foreseeable facts or circumstances;<\/li>
  • any delay in the performance of the service in the event of partial or total non-performance due to a situation of force majeure;<\/li>
  • any damage linked to certain erroneous or false data;<\/li>
  • any damage to goods or equipment made available to the company by the client as part of the service;<\/li>
  • consequences of external events such as: damage caused by water, fire, explosion, smoke, damage resulting from any natural climatic phenomenon, damage resulting from war, strike, terrorism, sabotage and acts of violence.<\/li>
  • \u00a0<\/li><\/ul>

    When the client only verbally determines the nature and extent of the requested service, the client cannot allege a fault by the company, unless it results from the terms of the written report.<\/p>

    5.2. Limits of Responsibility<\/i><\/p>

    The liability of the company, per assignment, is limited to ten (10) times the amount of fees received, or to be received, for the said service and may in no case exceed Ten thousand Euros (\u20ac10,000).<\/p>

    5.3. Claims<\/i><\/p>

    Any claim made against the company by the client must be presented, under penalty of automatic foreclosure, in written format within three (3) months of the submission of the final written report.<\/p>

    Article 6: Applicable law and jurisdiction<\/b><\/p>

    Notwithstanding any provisions that may be contrary to applicable laws relating to jurisdiction, disputes relating to the execution of this service contract will be subject to the exclusive jurisdiction of the Commercial Court of Marseille under applicable French law.<\/p>

    Article 7: English version<\/b><\/p>

    There are two existing versions of the General Conditions of Sale, a first version being in French and a second translated into English. The client declares to have read the General Conditions of Sale in French and in English. In the event of any discrepancy between these two versions, the provisions of the French version prevail over those of the English version.<\/p><\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t

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    <\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t\t\t<\/div>\n\t\t\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"

    GENERAL CONDITIONS OF SALE Article 1: Application of General Conditions Unless otherwise provided for in writing, these general conditions of sale apply without restriction or reservation to all services requested orally or in writing by the client to the company, as well as to any other request in connection with the said service. Article 2: […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"page-templates\/page_fullwidth.php","meta":[],"_links":{"self":[{"href":"https:\/\/experts-clement.fr\/index.php\/wp-json\/wp\/v2\/pages\/12"}],"collection":[{"href":"https:\/\/experts-clement.fr\/index.php\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/experts-clement.fr\/index.php\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/experts-clement.fr\/index.php\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/experts-clement.fr\/index.php\/wp-json\/wp\/v2\/comments?post=12"}],"version-history":[{"count":7,"href":"https:\/\/experts-clement.fr\/index.php\/wp-json\/wp\/v2\/pages\/12\/revisions"}],"predecessor-version":[{"id":80,"href":"https:\/\/experts-clement.fr\/index.php\/wp-json\/wp\/v2\/pages\/12\/revisions\/80"}],"wp:attachment":[{"href":"https:\/\/experts-clement.fr\/index.php\/wp-json\/wp\/v2\/media?parent=12"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}