Discover IGIENAIR's General Terms and Conditions of Sale: services, responsibilities, contractual terms and legal information:
The present terms and conditions govern the sale of services or equipment by IGIENAIR, hereinafter referred to as the «Provider», to the exclusion of all other applicable general terms and conditions, and this, without restrictions or reservations.
SERVICE DESCRIPTION
The Service Provider offers a wide range of products and services in the industrial (automotive, microelectronics, nuclear), service (local authorities, services, schools, catering, hotels), food (production, processing, packaging, storage, cold rooms) and health (hospitals, experimental pharmacies, laboratories, care facilities) sectors, among other specific services that could be provided for a particular customer and which would then be described in detail.
FIELDS OF APPLICATION
All sales contracts and quotations are governed by these general terms and conditions of sale, payment and delivery. By signing the order form, contract or quotation, the customer declares that he/she accepts the terms and conditions herein.
MODE OF INTERVENTION
- Quotation :
The Service Provider intervenes on a worksite on receipt of a one-off order sent by the customer following an estimate drawn up by one of the Service Provider's employees.
The quotation shows :
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- applicable regulations
- description of the elements to be treated
- intervention methodology
The purchase order must include the references of the quotation to which it refers, as well as the total amount of the services to be provided.
A quotation returned to the Service Provider initialled and signed with the words «bon pour accord» or «bon pour intervention» shall be deemed a firm order.
Contract :
The Service Provider proposes to its customers the signature of contracts of variable duration, generally of one, three or five years. The purpose of these contracts is to define the customer's needs and propose an annual schedule of interventions, based on the requirements of each party.
- Subcontracts
The customer is deemed to have accepted the present terms and conditions of sale when signing the contract or placing a firm order.
SITE PROCEDURES
Shortly before the technical intervention, the Service Provider sends the customer a confirmation of the intervention, indicating the name and address of the customer, the names of the technicians, the start time of the service and a description of the intervention.
The Service Provider's technical teams each have their own equipment (in particular robotized brushing equipment, high-pressure cleaners, foam guns, three-motor air and water vacuums, high-pressure cleaning nozzles, compressors, disinfection equipment, mobile suction units with high-efficiency filters) and their own personal equipment (in particular work clothes and individual and collective protective equipment).
Teams apply the methodology applicable to the company, according to the conditions of intervention and access to installations described in the estimate or contract.
The work is accepted on the basis of a technical intervention sheet, which includes all the details of the service (schedule, names of the people involved, description of the installations to be treated). The customer and the Service Provider's employee check the work together. Acceptance takes place when the customer has signed the work sheet or made no complaint within 48 hours of the work being carried out.
The Customer undertakes to :
- prepare premises for intervention
- appoint a works manager to be present at site start-up and acceptance, as a minimum
- inform users of treated facilities of the dates and times of operations
- supply water
- supply electricity at least mono 220 V. 16A..,
- inform the Service Provider of the presence on the work site of any materials containing or likely to contain asbestos (art R 237-3 of the French Labour Code),
- identify premises where chemical agents are used, in particular CMR agents
It is the customer's responsibility to check that the electrical installations are watertight. The Service Provider cannot be held responsible for any leaks or excess humidity that may cause damage to the installations.
In the event of postponement of intervention by the customer less than 3 working days before the scheduled date of intervention, the Service Provider reserves the right to invoice a fixed fee of €250 excluding VAT.
In the event of postponement of intervention by the customer, or in the event of impossibility of intervention on the same day (state of installations making intervention impossible or unavailability of installations), the Service Provider reserves the right to invoice a flat-rate indemnity of €500 exclusive of tax, to which may be added the cost of travel by technicians and specific purchases made to carry out the work in question.
COMMITMENT TO CONFIDENTIALITY
The Service Provider undertakes not to disseminate any results, plans or other information arising from the specifications and also from observations that may be made when drawing up a quotation or during on-site work.
With the exception of information made public by the Customer, all other information is proprietary and is treated by the Service Provider as confidential. Where the Service Provider is required by law to disclose confidential information gathered during the performance of a service and as a product of the service, the Customer will be notified of the information provided, unless prohibited by law.
If the Service Provider is required to obtain information from a third party in connection with complaints (e.g. regulatory authorities, customers), this information will be kept confidential between the Service Provider and its customer. The Service Provider will not disclose to its customer the identity of the complaining party (unless authorized by the complaining party).
In the course of its activities, the Service Provider may require the services of external suppliers, in particular for the performance of audits (e.g. auditors from official bodies or third parties) or for the administration and development of software (e.g. IT service providers). The Service Provider may communicate certain confidential data specific to the Customer. The various parties involved undertake, by signing a dedicated document, to maintain the confidentiality of the data to which they have access.
DELIVERY TIME
In the case of sales of equipment, excluding services, delivery times are not contractual. It will not give rise to any compensation, unless otherwise agreed. Under no circumstances may this delay be the cause of a refusal of the order or of modifications to the terms of payment.
In the case of the sale of services, the Service Provider decides, in agreement with the customer, the dates and times of intervention. The Service Provider may, however, modify these at its discretion, and will immediately inform the customer by any means at its disposal.
TRANSPORT AND PACKAGING
Unless otherwise stipulated, the cost of packing and shipping goods that may be sold by the Service Provider, excluding services, are invoiced at the rates charged by the various selected carriers. Unless otherwise agreed, for orders of less than 125 euros, a flat-rate charge of 50 euros will automatically be invoiced to cover administrative costs and transport.
MATERIAL RECEPTION
Once the goods have left our warehouses, the order is considered to have been fulfilled. Goods travel at the consignee's own risk: it is the consignee's responsibility to inspect the packages upon delivery, and in this respect, in the event of a dispute, to address claims to the carrier (even in the case of pre-paid transport). We insure transported goods only at the express request of the consignee, and the cost of insurance remains at the consignee's expense. No goods will be returned and reimbursed without the prior agreement of the Service Provider. Damaged or defective goods may only be returned with the agreement of our Technical Department. The cost of return shipment is borne by the customer. The defect of the allegedly defective item must be clearly stated.
INVOICING AND TERMS OF PAYMENT
For service provision, as soon as the technical intervention is completed, the Service Provider issues an invoice to the customer, stating the references of the initial quotation or contract and the references of any purchase order.
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- Invoices are payable within 45 days of the end of the month, unless otherwise agreed with the customer. Payment can be made by cheque, bank transfer or direct debit.
- For the sale of materials, invoices are payable on receipt of invoice. Goods remain our property until paid for in full. The purchaser undertakes to make these terms and conditions of sale known to any of his own customers who take possession of goods not yet fully paid for.
- In the event of non-payment, an indemnity of 10% of the invoice amount excluding tax, with a minimum of 125 euros, will be due by way of compensation, while reserving our right to claim additional indemnity in reimbursement of damages actually suffered.
The issuance of a bill of exchange or any other payment agreement will not result in contractual novation and will not call into question these conditions of sale. Cheques and promissory bills are only valid as payment once they have been honoured.
Non-payment of any invoice shall render all other invoices immediately due and payable, and shall entitle us to cancel any outstanding sales and suspend all shipments.
RESPONSIBILITY
The Service Provider shall not be liable for any damage caused by a third party or a customer's employee, or by the use of equipment for which the Service Provider is not responsible (in particular equipment made available by the customer).
The Service Provider shall not be held liable for any delay in the technical intervention that is not its fault.
INSURANCE
The Service Provider holds a professional liability insurance policy.
Claims arising from damage suffered by Third Parties, including Customers, to which the Service Provider may be subject in the event that its Professional Civil Liability is incurred, shall not exceed the amounts guaranteed by the insurance contract.
RETENTION OF TITLE
In the absence of payment for the goods, including interest or other sums due in due time, the contract may be cancelled without notice within eight days of a warning sent by registered letter to which no response has been received.
In any event, the goods remain the property of the seller until full payment has been received. However, the buyer bears the risk of loss or destruction of the goods, as soon as the sales contract has been signed.
FORCE MAJEURE - FAIT DU PRINCE
The Service Provider may not be held liable for damage to a site, for the impossibility of carrying out a site or for delays in carrying out a site in the event of the occurrence of an unforeseeable, insurmountable and external factor. The same applies in the event of a governmental or state decision, or one issued by a higher authority.
Stoppage of deliveries by subcontractors supplying us with raw materials or manufactured products, due to war, strike, force majeure or any other unforeseeable event, releases us from the obligation to honor outstanding orders during this period. Such events also give us the right to terminate agreements without the purchaser being able to claim compensation from us.
DISSOLUTION CLAUSE IN THE EVENT OF BANKRUPTCY OR RECEIVERSHIP
Any request for a moratorium (amicable or judicial), suspension of payment - even if unofficially declared - or any other incident caused by the customer's insolvency, will result in the immediate payment of the invoices concerned. In this case, the Service Provider also reserves the right to cancel other orders by registered letter, eight days after the discovery of a situation of this type, without this generating the payment of any indemnity on our part.
GUARANTEE
The Service Provider retains the right to comply with his obligations only after full payment has been made and the purchaser has fulfilled all his obligations. If the purchaser's account is heavily in debit, the Service Provider reserves the right, even after partial delivery, to demand additional securities from the purchaser. In the event of refusal, the Service Provider reserves the right to cancel orders in whole or in part.
TERMINATION
The order may be terminated at any time by either party in the event of one of them failing to meet its obligations, eight working days after formal notice by registered letter with acknowledgement of receipt has gone unanswered. In this event, a mutual assessment, possibly by a mediator chosen by the parties, will be made of the work already carried out by the Service Provider.
If part of the work has been carried out in accordance with the order placed, the customer must pay the Service Provider for this work.
APPLICABLE LAW AND JURISDICTION
All sales are subject to French law. Any dispute that cannot be resolved amicably will be brought before the Court of VERSAILLES.