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Standard form contract
Clause 1: Object

The general terms and conditions described below detail the rights and obligations of ARCHI MECHA and its client in connection with the sale of the following services:

  •      functional and value analysis,

  •      pre-project study,

  •      technical document verification,

  •      survey and hazard analysis.

Any service performed by the company ARCHI MECHA therefore implies the unreserved acceptance of the buyer to these terms and conditions of sale.

Clause 2: Price

The prices of the services are those in force on the day of ordering. They are denominated in euros and calculated without taxes. As a result, they will be increased by the applicable VAT rate on the day of the order.
ARCHI MECHA company reserves the right to modify its rates at any time. However, it agrees to invoice the ordered services at the prices indicated on the quote within one month after the date of registration.

Clause 3: Discounts and rebates

The proposed rates include rebates that ARCHI MECHA company would have to grant given the amount of the order.
As part of its support and loyalty program, ARCHI MECHA offers its customers a discount of 10% on an order greater than or equal to € 10,000, 15% on an order of € 20,000 or more and 20% on an order higher or equal to 30 000 € ht.

Clause 4: Discount
No discount will be granted in case of advance payment.
Clause 5: Terms of payment

Payment of orders is made by check or bank transfer.
Upon the registration of the order, the buyer will pay a deposit of 30% of the total amount of the invoice, the balance to be paid upon receipt of the deliverables.

Clause 6: Late payment

In the event of total or partial non-payment of deliveries delivered on the day of receipt, the buyer must pay ARCHI MECHA a late penalty equal to three times the legal interest rate.
The legal interest rate used is the one in force on the day of delivery of the deliverables.
As of January 1st  2015, the legal interest rate will be reviewed every 6 months (Ordinance No. 2014-947 of August 20 2014).
This penalty is calculated on the amount inclusive of the remaining sum due, and runs from the due date of the price without any prior notice being required.
In addition to the late payment, any sum, including the deposit, not paid on its due date will automatically produce the payment of a fixed compensation of 40 euros due for recovery costs.
Articles 441-6, I paragraph 12 and D. 441-5 of the French Commercial Code.

Clause 7: resolutory clause
If within fifteen days after the implementation of the clause "late payment", the buyer has not paid the remaining amounts due, the sale will be automatically resolved and may entitle to the allocation of damages for the benefit of ARCHI MECHA.
Clause 8: Retention of title clause
ARCHI MECHA retains ownership of the goods sold until full payment of the price, in principal and accessories. As such, if the buyer is the subject of a reorganization or a liquidation judicial, the company ARCHI MECHA reserves the right to claim, in the framework of the collective procedure, ownership of deliverables sold and remained unpaid .
Clause 9: Delivery

Delivery is made:

  •     either by the direct delivery of the goods to the buyer;

  •     the place indicated by the buyer on the order form.

The delivery time indicated during the registration of the order is given for information only and is not guaranteed.
Consequently, any reasonable delay in the delivery of the products can not give rise to the benefit of the buyer to:

  •     the award of damages;

  •     the cancellation of the order.

The risk of transport is borne entirely by the buyer.
In the event of missing or damaged goods during the transport, the purchaser will have to formulate all the necessary reserves on the order form upon receipt of said goods. In addition, these reservations must be confirmed in writing within five days of delivery by registered letter AR.

Clause 10 : Force majeure
The responsibility of the ARCHI MECHA company can not be implemented if the non-execution or the delay in the execution of one of its obligations described in these general conditions of sale results from a case of absolute necessity. As such, force majeure means any external event, unforeseeable and irresistible within the meaning of article 1148 of the Civil Code.
Clause 11: Competent court

Any dispute relating to the interpretation and execution of these general conditions of sale is subject to French law.
In the absence of amicable resolution, the dispute will be brought before the Commercial Court of Roanne.

Clause 12: Liability

ARCHI MECHA responds to the conformity of the services with the specifications provided by the buyer and included in our offer. In case of default resulting from mistakes or omissions on our part, duly proven, we undertake to make any necessary corrections.
However, our liability can not be sought for defects, omissions or damages resulting from errors from documents or information provided by the buyer.
Nor is our company liable for defects, omissions or damages resulting from customer decisions, in particular the selection of equipment for which we have not been consulted or which has been subject to adverse observations. from U.S.
If the customer is entitled to compensation for the damages suffered as a result of our company's misconduct in executing the contract, the total amount of damages that our company may be required to pay to the customer, all causes, is limited to the total price excluding taxes of the services included in our offer.
Our company can not in any case be liable for indirect damages suffered by the Customer. Indirect losses are qualified, without this list being exhaustive, loss of turnover, loss of exploitation, commercial loss, loss of profits or any claim made by any third party to the against the Customer.

Clause 13: Insurance

Our company has underwritten and will maintain throughout the duration of the Contract professional liability insurance with a recognized solvency insurance company. This insurance will cover the financial consequences of the responsibilities that may be incumbent on him as a result of the services provided by him in accordance with the terms of our offer and these General Conditions.

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