General Terms and Conditions of Sales - Tecnibo LUX S.A.
GENERAL TERMS AND CONDITIONS OF SALE OF TECNIBO LUX S.A.
In order for you to obtain the satisfaction you are entitled to expect from our supplies and work, it is essential that certain reasonable working conditions be provided to us.
CONSTRUCTION SITE
Before we begin work:
Screeds, paving, or floor coverings must be in place and able to withstand the movement of our rolling scaffolding. Buildings must be dry, closed, and glazed, and a temperature above 15°C must be maintained. Removable partitions and furniture must be installed in a clean, dust-free environment. A level marker must be established in each room. If this is not done, we will establish one ourselves, but cannot be held responsible for any errors. Walls must be plastered. If false ceilings are to be installed in empty spaces, vertical walls allowing our moldings to be anchored must be put in place by you.
During our work:
- As far as possible, the premises will be cleared of obstacles to allow the scaffolding to be moved. Fixed furniture or machinery will be protected by you.
- The following will be made available to us free of charge:
· Light and electricity
· A dry, lockable room in the immediate vicinity of the work site for storing our equipment and materials
· For work to be carried out on the first floor and above, a freight elevator and elevator operator.
- The work will be organized in such a way that the trades responsible for the techniques integrated into our work cooperate loyally with our teams and do not hinder their normal progress.
- Any deviation from these conditions may result in the interruption of work and/or the invoicing of compensation.
ADMINISTRATIVE
Unless otherwise stipulated, our contracts are deemed to be made under the following conditions:
OFFERS
Unit prices remain valid for any variations in quantity of less than 15% of the quantities offered in the order.
- Our prices are always unit prices per square meter, even if an estimated total price has been mentioned.
- Our prices include measurements, execution plans and manufacturing, the supply of equipment and materials, transport and handling, the supply and use of scaffolding, on-site installation, cleaning of our work, removal of our materials and waste, acceptance and the “as built” file.
- Our prices are only valid for the measurements specified in the quote.
- Tolerances for quality, dimensions, thickness, or color are those of our suppliers, as is our warranty on supplies.
- Our prices include the preparation of plans for approval prior to manufacture + 2 possible modifications per floor. We would like to point out that no materials can be sent for manufacture before the plans have been approved.
- Construction price revision formulas will be applied.
- Value price: excluding any management fees, excluding any pro rata account.
- Our prices are exclusively for assembly services during normal working hours. We remain at your disposal for an additional quote for evening, night, or weekend services.
DELIVERY TIMES
Unless otherwise agreed between the parties, delivery times are as follows:
6 weeks* for removable partitions after purchase order + approval of finishes and plans + payment of deposit
8 weeks* for furniture after purchase order + approval of finishes and plans + payment of deposit
8 to 10 weeks* for movable partitions after purchase order + approval of finishes and plans + payment of deposit
10 weeks* for removable partitions and BEATLE doors after purchase order + approval of finishes and plans + payment of deposit
12 weeks* for special doors (fire, acoustic) after order confirmation + approval of finishes and plans + payment of deposit
Measurements and preparation of manufacturing plans to be agreed upon according to schedule.
*Excluding public holidays and factory closures.
WORK
- From 7:30 a.m. to 4 p.m. Monday to Friday, except public holidays.
- Start of work to be agreed.
Our start dates are provided for informational purposes only and are subject to receipt of approved plans that clearly specify all details necessary for our company to carry out the work, including:
· the type and color of the finishes
· the direction in which doors open
· the location of pipes and electrical, telephone, fire detection, air conditioning, etc. terminals integrated into our work.
If late penalties are provided for, they can only be applied if the work was able to start on the scheduled date and/or was not interrupted due to the fault of the customer or a third party, or due to rain, frost, storms, strikes, or other exceptional circumstances.
Additional work: if this involves an extension of the work specified in the basic contract, the agreed unit prices will apply, plus any additional transport costs. If this involves work other than that specified in the basic contract, it will be carried out on a time and materials basis.
Work on a time and materials basis: in principle, we do not carry out work on a time and materials basis. However, we may be asked to perform tasks that fall outside the normal scope of our business for which unit and flat rates cannot be calculated. In this case, invoicing will be based on:
· if the work on a time and materials basis is carried out at the same time as the work covered by the contract, on the basis of the hourly rates mentioned in the quote.
These rates take into account the differences between time worked and time paid, travel costs and time, overheads, and profit.
· if the work on a time and materials basis is to be carried out after the completion of the work covered by the contract, the time will be counted in indivisible days of 9.5
hours and an “interruption of performance” will be invoiced in addition, the price of which is indicated in the quote.
Interruption of work: if we are forced to interrupt our work due to delays in the performance of related work essential to our normal progress, or to meet the operational
requirements of the premises, we shall be entitled to charge a fixed compensation fee for each additional intervention. The amount of this fee is specified in the quote and corresponds to our costs for moving and re-establishing the work site.
ACCEPTANCE
Our work shall be subject to weekly provisional acceptance. Any damage caused to our installations by other trades after this acceptance shall be borne by our client, who shall be responsible for taking action against those responsible. In any event, the sending of our final invoice constitutes a request for final acceptance, which will be automatically granted within ten days of the date of said invoice. Acceptance will be granted if the premises are occupied and/or used by the customer.
MEASUREMENT
Ceilings: Measurements taken from the wall, deductions disregarded to compensate for additional work difficulties. The areas occupied by lighting fixtures are never deducted. Partitions: Partitions are always measured as solid without any deductions and invoiced as if they were actually solid. Door frames, doors, windows, counters, built-in cupboards, etc. are then invoiced per item as an extra.
ORDER CANCELLATION
Any canceled order will be invoiced at 25% of its execution value to cover technical, commercial, and administrative costs incurred and loss of earnings,
without prejudice to the reimbursement of equipment or materials specially ordered for the work in question.
PAYMENTS
- 30% cash on order without discount, the balance on progress report. For orders under €5,000, a 50% deposit will be required.
- Our invoices are payable within 30 days of the invoice date, except for the deposit invoice, which is payable within 8 days. Any amount due and unpaid within 15 days shall automatically and without prior notice incur a 20% surcharge on the amounts due, with a minimum of €49.58 as a fixed and irreducible penalty clause, without prejudice to the 10% interest on arrears that shall automatically accrue from the due date. In addition, any supply that has been invoiced under special conditions will in this case be charged at the full price.
- In the event of payment by draft, the customer hereby agrees to recognize the immediate payability of the entire balance of payments remaining due on the basis of any presentation. All collection and protest fees, whether drafts are accepted or not, all bank or discount fees shall be borne by the buyer.
- Drafts are only accepted as payment with prior written agreement.
Any complaints must be sent to us by letter within 8 days of receipt of the invoice.
By express agreement, the goods remain our exclusive property until full payment of the related invoices.
In the event of a dispute, after an attempt at mediation with an approved mediator, the courts of Luxembourg shall have exclusive jurisdiction.