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General condition of sale

 

TERMS OF SALE OF RELOCATION AGREEMENT
These terms and conditions and specific conditions negotiated between the company and the customer determine the rights and obligations of each of them. They apply as of right and express agreement between the parties (Article 1134 of the Civil Code) to move operations under this contract carried out by road, rail, sea or acSaharan or combined transport. These terms cover the national moving, international, removals included in or from overseas territories.
CHAPTER I GENERAL PROVISIONS
ARTICLE 1 INFORMATION ON CONDITIONS OF REALIZATION OF MOVING
The customer must supply all information which it has knowledge to the material realization of the move, so that instead of loading delivery including access conditions for staff and the vehicle, parking availability, work in progress, if necessary weight of objects to move and generally other characteristics. The customer is informed in advance of encrypted supplements that he would eventually have to bear in the absence of information or inaccuracy of these. The customer must report the items the carriage is subject to special regulations (wine, alcohol, weapons, etc.) any paperwork being dependent. The client also reports any object which may present specific risks of damage to the cargo. It is for the client to communicate to the company an address and a contact phone usable for the duration of the removal operation. Otherwise the company can be accused of lack of information on known facts during the course of operations. A free quote describing the characteristics of the proposed transaction is provided by the company to the customer.
ARTICLE 2 – CUSTOMS
The customer provides the company the documents and information required to carry out formalities. The company is not obliged to check whether the information supplied is accurate or sufficient and can not be held responsible for any loss resulting from inadequate or inaccurate information provided. Customs business costs are borne by the customer.
ARTICLE 3 – TERMINATION
Unless otherwise stipulated specific conditions, any amount paid in advance is described as a deposit. Except in cases of force majeure: – in case of termination by the customer, the deposit is not refunded. In case of termination by the company or failure thereof, professional restores double.
ARTICLE 4 – SALES AND SOLICITATION HOME
If canvassing and doorstep selling, the customer enjoys the right of cancellation within 7 days of signing the contract for removal, as provided by Articles L121-23 to 121- 26 of the Consumer Code. He receives for this purpose a withdrawal slip, no financial counterparty to be levied during this period.
ARTICLE 5 – VALUE STATEMENT – INSURANCE
It is the customer to provide the company the document « value statement » presented at the first technical visit to the home or attached to quotations, completed and signed in a maxi-mum time 3 days before the date set for the effects of the removal. The estimate contract is void if the total value of entrusted furniture is not mentioned. Although he did not want the used, the customer acknowledges having been aware of the document « Declaration of value » attached to estimate. The company has the ability to offer the customer to purchase insurance damage to guarantee the furniture against certain risks for which the remover legally accept responsibility. (Force majeure, non fault accident …). Its cost is brought to the attention of the customer who has the opportunity to subscribe or not. Failing to have purchased property insurance, the customer acknowledges having been informed that the action against the company is limited in the conditions, laid down in Article 16 of these general conditions of sale.
ARTICLE 6 – INVENTORY
If the customer wishes to draw up a joint inventory of the objects he entrusts to the company, it must inform the latter upon contact. The cost of establishing the inventory is at the customer. All inventory otherwise established to be awarded to the company it will not be enforceable against and shall not incur liability. This provision does not apply to international or de-forbearance or from the French overseas territories for which valued the detailed inventory is mandatory.
In the case of a technical evaluation of the volume of furniture and working time achieved by the use of a computer model proposed by the company, the latter assumes full responsibility for the results obtained vis-à-vis the client. The customer may be held liable in the event of erroneous made by the latter to the questions asked. In this case, an additional charge will be required by difference with a new estimate calculated on the basis of the corrected answers. The validity of electronic exchanges. Customer acknowledges the validity and evidential value of exchanges and electronic recordings made by the electronic interface if used for calculating the volume (type ME VOX, VISIO QUOTE or other) and agrees that such recordings receive the same probative force as writing signed by hand.
CHAPTER II – PRICE AND SETTLEMENT PROCEDURES
ARTICLE 7 – PRICES AND TERMS OF PAYMENT The prices fixed in the contract may only be changed if there are unforeseeable costs of the will of the company, related to ways of undertaking or interesting elements restrictively listed in the special conditions, occur before the start of the operation (eg increase in fuel prices and freight rates in un-finished exceptional proportions in the special conditions, changes in the exchange rate). These provisions do not apply to surcharges due under Article 1 of these gen-eral conditions of sale. Unless the parties agree otherwise stipulated in the Special Provisions, the currency of payment of invoices is the euro. Payment of the agreed price comes following the moda-bedded determined by the parties and specified in the special conditions. The existence of complaint whatsoever can justify the suspension of all or part of the price regulation. Penalty for late payment: it will have a lump sum of 10% of the cost of the removal as a penalty in addition to the fees, interest and court costs, spent 15 days within the original deadline.
ARTICLE 8 – PRICE VALIDITY
The company and the customer determine the validity of prices as of the date of quotation.
ARTICLE 9 – PAYMENT PERIODS BETWEEN BUSINESSES
Unless special conditions agreed between the parties within the limits of Article L441-6 of the Commercial Code, invoices are payable within thirty days from the date of issue of the invoice. It is not made any discount. The delay penalties for non-payment of bills are due by right, without reminder at a rate equal to three times the legal interest rate.
CHAPTER III – EXECUTION OF BENEFITS
ARTICLE 10 – SERVICES PERFORMED BY THE COMPANY AND CHANGING OF EXECUTION PROCEDURES
The benefits are agreed with the customer prior to each operation and precisely defined in the quote and / or its annexes. The company does not assume the management of per-sons, animals, plants, hazardous materials, infected, explosive or flammable, jewelry, coins, precious metals or securities. Any exception to this rule must be the subject of a written agreement between the company and the customer before the start of implementation. The customer and the company may however decide by mutual agreement to modify the provisions of the contract subject to agree on new terms and consequences thereof on the fixed price, including all additional services not provided for in the contract ini- tial. Enforcement staff have no power to amend the contract and agree to perform additional work.
ARTICLE 11 – EXECUTION BY A THIRD COMPANY
OPTIMUM MOBILITY meets the requirements of an advanced quality management system. The customer accepts that the company says on its own responsibility, the total or partial completion of the move to a company chosen by OPTIMUM MOBILITY. Apart from this hypothesis, the contractor must inform the client of its wish to entrust the total or partial execution of the move, under its responsibility, to a third company. The customer’s information on the identity of the executing company must be done within 48 hours before the date of completion. The customer is entitled to refuse payments and then returned to him.
ARTICLE 12 – ORGANISED TOURS CONSOLIDATION
The customer can receive advantageous pricing for their belongings generally carried out at great distance by choosing the formula of an organized tour or of the grouping. Definition: organized tours plan several moves in one road trip or combined transport. They require harmonization of the dates of loading and liVraison between clients participating in the same trip. In this case, the dates of loading and delivery are left to the initiative of the company to the extent of at least 5 more days a re-port for the dates by the customer and listed on the quotation. The groupings allow the realization of a move, in principle low-volume, on the occasion of a travel opportunity offered by the company to the customer. In this case, the dates of loading and delivery are left to the company’s initiative.
Timeframes: Where implementation of the move is planned for organized tour, the client admits running a franchise from half a day compared to fixed dates for both the loading and for unloading. When she is scheduled groupage, without indication of a realization period, the client may send a notice by registered letter to the company, in case it would not have undertaken the transportation within 6 months. As of this notice, the company has a period of ten days to execute the agreed transaction. A failure of performance, within ten days, except in cases of force majeure, the contract is considered terminated by the company and the amounts paid are refunded.
ARTICLE 13 – CUSTOMER PRESENCE REQUIRED
The client or his representative must be present at both the loading upon delivery; he must check before the start of the vehicle, no objects have been left on the premises and outbuildings where his furniture was. Failure to respect this clause entails a presumption of conformity delivery. The representative of the company is entitled to charge the client the written statement of any previous damage to the management of the furniture.
CHAPTER IV – CORPORATE RESPONSIBILITY
ARTICLE 14 – DELAY The company is required to perform the move following the loading and delivery dates agreed or when collecting, or organized tour following the period indicated on the consignment note. If no time has been fixed by the parties, there will be delay when given the mode of transport used, the nature and circumstances of the move, the actual duration of the move exceeds the time that is reasonable to allocate a diligent entrepreneur. The company is not responsible for the delay nor the consequences of the force majeure event featuring character or out of any empowerment of the business including: – impairment of maritime or airlines, sea or air delay may be a questioning of maritime or airline; – Strikes, social movements or external manifestations of nature to disrupt business relocation; – Weather conditions. Under the reserves described above, compensation payable in case of delay is calculated according to the length of delay, the damage proved and supported by the customer.
ARTICLE 15 – LOSS AND DAMAGE
The company is responsible for furniture and objects entrusted to it, except in cases of force majeure, fault of the customer, inherent vice of the thing or disruption of care thing especially when it comes objects with a mechanical, electrical or electronic whose company is not qualified to judge operation requiring special precautions for securing or locking by a specialist. Green plants are demanding proper care; they can be transported by the company but the customer’s risk. The Company disclaims any responsibility res regarding the operations that are not performed by its employees or its substituted intermediates. When the company does not perform packaging, content co-lis packaged by the customer can be an accurate inventory unless foreseeable harm (Article 1150 of the Civil Code).
ARTICLE 16 – COMPENSATION FOR LOSSES AND DAMAGE
Depending on the nature of the damage, losses and result in damage repair, replacement or monetary compensation. Compensation comes in the limit the damage proven equipment and special conditions negotiated between the company and the customer. These Special Conditions shall, under penalty of nullity full contract law the maximum amount of the compensation for the entire furniture and object or group of objects. Failing to have purchased insurance damage, recourse against the company are limited to 450 euros per cubic meter of furniture size, 300 euros per object or group of objects, with a maximum of € 7,623 per operation.
ARTICLE 17 – PRESCRIPTION
The actions for damage, loss or delay arising as to the removal contract must be commenced within one year after delivery of the furniture.
CHAPTER V: DELIVERY OF FURNITURE AND FORMALITIES FOR DAMAGE
ARTICLE 18- DELIVERY OF FURNITURE HOME
Upon receipt, the customer must verify the proper execution of the contract and the state of his furniture and give discharge upon delivery ended with the end of work statement. In case of loss or damage and to protect his rights and evidence, the client issues upon delivery and set up, with representatives of the company, reserves written, accurate and detailed letter car. These reserves, if challenged by the team leader representing the undertaking, must be confirmed to the company by registered letter or an extrajudicial document within 10 calendar days after delivery. Failing reservations mentioned on the consignment note, the customer must send the company a letter in which he describes-the damage found and in addition recalled within 10 days. In this case, it must prove that the loss or damage mentioned are the fact of the business. Failing to comply with these formalities, the client is denied the right to take action against the company. If no apparent impact, the company’s liability can be incurred forFunctioning of defects on electrical or electronic devices. In all cases, the absence of precise and detailed reserves on delivery implies a presumption of conformity delivery.
ARTICLE 19 – DELIVERY OF FURNITURE THE FURNITURE ON DEMAND CUSTOMER
furniture repository in The delivery is considered a home delivery and terminates the contract for removal. The guard in -Furniture entrance fees are separate and billed to the customer by the furniture repository that has custody of the furniture.
ARTICLE 20: DEPOSIT REQUIRED AS A RESULT OF PREVENTION ON DELIVERY
In the absence of the customer at the delivery address indicated by him or material failure to deliver is not the fact of the business, the furniture is placed to office in a furniture repository to the diligence of the company and the customer’s expense. By any appropriate means, the company reports to the customer of this deposition process, which terminates the contract for removal.
ARTICLE 21 – DROIT DE RETENTION
L’entreprise de déménagement jouit d’un droit de rétention général sur les objets confiés pour toute somme due en vertu du présent contrat. Dans le cadre de ce droit de rétention, l’entreprise dispose du droit de contracter auprès d’une entreprise de son choix un contrat d’entreposage au frais du client. Le contrat d’entreposage conclu sera notifié par lettre recommandée avec accusé de réception au client à la dernière adresse connue. Si à l’issue de trois mois les frais de l’entreprise de déménagement et les frais d’entreposage ne sont pas réglés, l’entreprise de déménage-ment sera en droit d’engager une procédure pour vendre les objets détenus aux enchères publiques. Le fruit de la vente servira aux paiements des frais de déménagement, frais accessoires et entreposage et frais de procédure, le surplus sera déposé à la caisse des dépôts et consignations, sauf décision contraire du tribunal. Après en avoir pris connaissance le client déclare accepter les présentes conditions générales qui complètent les conditions particulières du devis-contrat.

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