Terms of sale

I. GENERAL PROVISIONS - APPLICABLE LAW

All contracts are subject to these general terms of sale, which are an integral part of the contract. In all circumstances our sales are subject to French law and any disputes that may rise will come under the jurisdiction of French courts.

II. COMMITMENT

Any offer made by the Company will not constitute a commitment on its part until written confirmation has been issued by the Management. The Management's offers must be accepted within a period of one month, failing which they will become null and void, without prior notice.
Technical documents provided such as sketches, sets of architect plans or extracts of plans in which our products are listed, do not constitute a commitment on our part on the nature, choice of products and unit prices proposed in our offers. Proposals established on the basis of our offers only commit us to the description, quantities and unit prices if they have been confirmed following study of the approved reinforced concrete plans provided by the company and confirmed in writing by our Management. The final implementation plans must be consistent with the pilot studies submitted to us before we make our offers.
Our commitments in terms of periods to carry out studies, provide stair execution plans or specific studies of other prefabricated items, can only be confirmed after receipt of the approved reinforced concrete plans provided by the company.
Prices given are subject to change following modifications made on approval of the plans and options selected in accordance with the current regulations for the different types of products offered. Any modifications to quantities, descriptions or the schedule will be the subject of a price proposal.

III. PURPOSE OF DELIVERY

The purpose of the instructions, catalogues, plans and sketches submitted to our customers is to inform them about our products and the ways they can be used; they have no contractual value. Their role is to contribute to their implementation which remains the specialty of the installation company which must comply with the requirements of the inspection bodies and best professional practice. It is up to the purchaser to check if our products comply with relevant regulations.
Unless specified, our price discounts are made with formwork materials in our possession.
Our prefabricated components are untreated after formwork and cannot under any circumstances be painted or receive other facings without a fine coating being applied beforehand. Steel reinforcement is carried out according to our plans, unless otherwise specified. The standard facing is compliant with French code of practice DTU21.
STAIRS/PREFABRICATED CONSTRUCTION: The dimensions, colour, and weight of certain materials subject to inherent variations due to their nature or their manufacturing process benefit from usage tolerances, and in particular the dimensional tolerances indicated in the French DTU code of practice or the Architectural elements QUALIFIB, the Stairs QUALIFIB or the levels of requirements specified in our QAPs and the colour tolerances defined by the profession. PUBLIC WORKS PRODUCTS: The dimensions, colour, and weight of certain materials subject to inherent variations due to their nature or their manufacturing process benefit from usage tolerances, and in particular the dimensional tolerances indicated on the French DTU code of practice or the Architectural elements QUALIFIB, the Stairs QUALIFIB or the levels of requirements specified in our QAPs and the colour tolerances defined by the profession. We reserve the right to make changes to our models and manufacturing procedures without prior notice in accordance with technical developments.

IV. MANUFACTURING TIMES

STAIRS/PREFABRICATED CONSTRUCTION: Guideline time (first delivery): 4 weeks after receipt of the order, and the approved plans of execution, for the delivery or the organization of the moulds, these conditions being required on a cumulative basis. Any paid holidays with closure of plants will result in equivalent increases in delivery times as specified in the quotations issued to customers. However these times are only given as guidelines.
Unless expressly agreed, any delays do not therefore give the purchaser the right to any compensation, price reduction or cancellation of orders, without a provisional schedule of deliveries drawn up with the order and approved by both parties in coordination with the production plant.
PUBLIC WORKS PRODUCTS: The times specified in this range are guidelines and start after receipt of the order, the approved execution plans, our approved QAPs, and the delivery of the moulds. . Paid holidays and the closure of plants will increase delivery times accordingly.

V. TRANSPORT

Whatever the mode of transport, however it is paid, and whatever the destination of the merchandise, the latter is transported at the purchaser's risk. Our goods are only delivered by 24-ton articulated trucks.
Deliveries will be made as close as possible to the unloading points on condition that there is appropriate access to the site for 24-ton articulated trucks at the address given by the customer at the latest 48 hours before the scheduled departure from the plant. This therefore excludes special transportation such as 4x4 tractors.
In the event of free delivery to the site, any immobilization of trucks on sites will be invoiced from the second hour onwards, at the rate of 80 euros ex. tax per hour started.

VI. RECEIPT OF GOODS

In the event of damage or loss being sustained during transport, the recipient is required to register all appropriate claims with the transporter in accordance with articles 105 and 106 of the French Commercial Code. When we deliver goods ourselves, claims must be made at the time of delivery. In the other cases, the receipt of the goods is carried out, or considered to be carried out, in our factories or warehouses; claims must therefore be made at the time when the goods are collected.
In the event of apparent defects or non-conformity, the recipient should make a claim within 72 hours and confirm it by registered mail sent to the PBM group's administrative head office. The incorporation of our products into your structure is equivalent to reception.

VII. GUARANTEE

In the event of hidden defects, our warranty is limited purely and simply to the replacement of defective products, and excludes any compensation relating to ancillary charges such as removal and refitting or damage and interest due to immobilisation or for any other reason.
In no case can we be held liable for products that we have not manufactured. Goods cannot be returned without our written consent, such consent does imply any acknowledgment of liability.

VIII. PACKAGING

If goods are delivered on pallets or in returnable packaging (crane attachments, chevrons), a deposit for the packaging is included on the invoice and is payable at the same time as the goods. This deposit is only refundable after receipt of the packaging returned carriage paid and in good condition to the place of departure, within a maximum period of one month. Packaging returned that is no longer usable will not be accepted. Under no circumstances do the deposits for packaging confer ownership.

IX. FACTURATION – PAIEMENT

La facturation est établie à l’enlèvement des marchandises. Toutefois, si celles-ci restaient en stock en usine à la demande de l’acheteur ou pour toute autre cause qui lui est propre, telle que retard dans l’avancement du chantier, elles seront facturées après un mois de stockage selon des conditions de prix prévues à la commande.
Le paiement des fournitures est toujours exigible à MANNEVILLE-SUR-RISLE (27). Nos traites ou acceptations de règlement ne font pas dérogation à cette clause.
Nos prix s’entendent hors TVA et taxes affectées, ils sont franco chantier par semi de 24T complet. Délai de validité de 1 mois.
Le paiement est effectué par traite à 60 jours fin de mois le 10, après accord de l’assurance-crédit ou octroi d’une garantie bancaire ou de paiement direct. A défaut, le paiement comptant est exigé (délai d’encaissement pour les chèques non certifiés de 14 jours).
Acompte à la commande : 20% du marché HT. Nos prix sont révisables selon l’indice de révision de votre marché ou suivant la formule ci-après appliquée à l’indice BT (BR01/BT010) ou TP02/TP020). Base de révision : date de la commande. Nous refusons systématiquement toute retenue de garantie, hors contrats de sous-traitance.

X. LATE PAYMENT AND NON-PAYMENT. CANCELLATION CLAUSE PENALTY CLAUSE

Any amounts not paid by the due date will result, without prior notice, in late payment interest being incurred, at twice the legal rate of interest, within the limit of the maximum legal rate, and the payment of compensation equal to 13% of the outstanding amount with a minimum of 230 euros. This will be increased to 17% in the event that the unpaid amounts are recovered through a bailiff. In addition, any default in payment or any deterioration in the buyer's credit status (SFAC French credit listing or other) during the execution of the order will result in the full amount due becoming payable without prior notice, and the suspension or cancellation of any pending orders if applicable. The registering of a complaint does not affect our payment terms or payment deadlines.

XI. RETENTION OF OWNERSHIP CLAUSE

Our goods remain our property until full payment of the price, including any ancillary charges and taxes. In the event of non-payment by the buyer, we can require, without prejudice to any damages and interest and without waiving any of our rights, the return of the goods at the purchaser's expense and risk, and if we judge it appropriate, the official termination of the sale.
In this event, the costs of returning the goods will be borne by the purchaser and any deposits paid will be retained in consideration of damages and interest. The buyer personally undertakes with regard to the seller not to dispose of the goods purchased before full payment of the price, by any means whatsoever, neither in terms of full ownership, nor as collateral. These provisions do not in any way affect the transfer to the purchaser, as soon as the goods are available, of the risks of loss and deterioration of the goods sold, and of any damage that they could cause. The purchaser is required to subscribe to an insurance contract covering the risks of the goods sold being destroyed, lost or stolen. The seller may require proof of the existence of this contract at any time.

XII. CLAUSE CONFERRING TERRITORIAL JURISDICTION

Any dispute relating to these terms will come under the exclusive jurisdiction of the Commercial Court of PONT-AUDEMER.