• Terms and conditions

Terms and conditions

GENERAL CONDITIONS OF SALE (GTC)

ARTICLE 1 - Generalities

The present conditions apply to all Skydôme sales. Unless otherwise agreed in writing, the sending of the order by the customer implies his adhesion to the present GTC; all clauses derogating from these conditions must, to be valid, be accepted in writing by Skydôme. The information contained in the catalogues, notices and price lists are only indicative, Skydôme reserving the right to modify them at any time and without notice due to the evolution of the technique or economic conditions. The nullity of one of the above provisions does not call into question the validity of the present general conditions of sale.

ARTICLE 2 -  Orders

2.1        Any offer from Skydôme is only considered firm and definitive if it is confirmed in writing to the customer by a person duly authorised to make such an offer. An offer issued by Skydôme, with a period of validity which, unless otherwise specified, is fixed at 15 days, is considered firm only for a period equal to the said period. After this period, the offer is null and void.

2.2        All orders shall only become effective after acceptance by our company. During the course of execution, any request for changes in the composition or volume of an order placed by a client can only be taken into account after our written agreement on the conditions under which the new services will be provided.

2.3. For additional supplies and services, prices and deadlines shall be agreed in

writing.

2.4. In the event of cancellation of an order for any reason whatsoever, Skydôme is entitled to invoice the customer for all costs incurred up to the date of cancellation of the order; this invoicing may represent 100% of the value of the order (e.g. product specially manufactured to order)

ARTICLE 3 - Intellectual property

All plans, drawings, diagrams and in general all documents relating to the design, manufacture and/or construction, as well as all information of a technical or commercial nature provided at the time of the offer or the order remain the exclusive property of Skydôme and may not be reproduced or communicated to third parties without the prior written agreement of Skydôme.

ARTICLE 4 - Prices

4.1        The applicable prices are those in force on the day the order is placed, notwithstanding a possible revision. Prices are deemed to be exclusive of tax. They are firm and definitive, subject to the supply of the materials sold being carried out within 2 months of the acceptance of the order. Beyond this period, the prices may be revised according to variations in raw materials and economic and social impacts in accordance with appropriate formulas that may be attached to the price offer.

4.2        Invoices are issued on the date of dispatch of the goods. If the customer does not take delivery of the goods on the agreed date, after a formal notice has remained without effect for 15 days, the goods will be considered as delivered and will consequently be invoiced, with the additional application of storage costs of €50 excluding VAT per calendar day and per order.

ARTICLE 5 - Payment 

Unless otherwise stipulated, all our invoices are payable in cash, within 30 days, at the registered office of Skydôme and without discount. The minimum amount of invoicing cannot be lower than 50€ HT. The non-return of bills of exchange with acceptance and direct debit within 10 days of their dispatch, the non- observance of any payment due date shall entail, by right, without formal notice and at the discretion of Skydôme:

-            The forfeiture of the term and consequently the immediate payment of the immediate payment of the sums still due for any reason whatsoever and/or the suspension of any shipment or provision of services.

-            The payment of an indemnity equal to 10% of the sum claimed as damages with a minimum of the sum claimed with a minimum of 150€. Skydôme may demand payment guarantees from the client and, failing this, terminate the contract. Any amount not paid on the due date shall give rise to the payment by the client of penalties fixed at three times the legal interest rate. These penalties shall be payable by operation of law, without prior formal notice. In addition, any delay in payment shall automatically give rise to the payment by the Customer of a fixed indemnity of €40 for collection costs. An additional indemnity may be claimed, on proof, when the collection costs incurred are higher than the fixed indemnity.

ARTICLE 6 - DELIVERIES / TERMS AND CONDITIONS OF PROVISION OF SERVICES

Skydôme shall endeavour to respect delivery deadlines upon acceptance of te order and to execute orders, except in cases of force majeure, or in the event of circumstances beyond its control, such as strikes, frost, fire, storms, floods, bad weather, epidemics, supply difficulties, shortage of raw materials, without this list being restrictive. Delays in delivery or any overruns of the deadlines indicated for the provision of services shall not give rise to any penalty or compensation, unless otherwise agreed by the parties. Likewise, any delay in relation to the indicative delivery times shall not justify cancellation of the order placed by the client and recorded by our company. In case of delivery of the material on site: The delivery date of the material will be indicated by Skydôme to the person in charge of the site at least 48 hours before delivery. On the day of delivery, a motorable access must be cleared from the unloading area to the proximity of the roof. Unloading shall be carried out in accordance with the safety instructions given by the customer. A sufficiently large storage area must be made available to us in the immediate vicinity of our operations so that the delivery of our material can be carried out in a single operation. Any request for partial delivery (multiplying the number of trucks and crane orders) will be invoiced additionally. Unless otherwise expressly agreed, the client shall take custody of the equipment delivered upon delivery. In the event of theft or deterioration for any reason whatsoever of the materials delivered (e.g. deterioration due to unfavourable weather conditions such as wind, storm, hail, etc.), any re-delivery shall be subject to an additional charge corresponding to the costs of the re-delivered materials.

ARTICLE 7 - Shipment / Transport

All goods sold travel at the customer‘s risk, regardless of the mode of transport or the whatever the mode of transport or the method of payment of the transport price, carriage paid or carriage forward. It is the customer‘s responsibility, in the event of damage or loss, to make all necessary claims and to confirm his reservations to the carrier in accordance with the provisions of Articles L.133-3 et seq. of the Commercial Code. The customer or the recipient must make it known before the shipment if he wishes to proceed to a verification upon collection of the goods. Unless prior notice to the contrary is given, no dispute concerning the choice of carrier or means of transport may be opposed. The unloading of the goods is always at the customer‘s expense and must be carried out in due form as soon as possible, from the moment of their arrival. Waiting times shall be at the expense of the purchaser; the stipulation free of charge does not modify these clauses.

ARTICLE 8 - Conformity / Claims

Without prejudice to the measures to be taken with regard to the carrier, claims on apparent defects or on the non-conformity of the equipment delivered, to the product ordered or to the dispatch note, must be formulated in writing, within 8 days of receipt of the equipment. After this period, no complaint from the client will be accepted. It is up to the customer to provide all justifications as to the reality of the defects or anomalies observed. In the event of non-conformity duly noted by the customer and declared to our company within the period mentioned, our company shall only be bound to replace the equipment or repair it, to the exclusion of all other damages.

ARTICLE 9 - Guarantees

9.1 Guarantee for the supply of equipment:

Our company guarantees the equipment against defects arising from the legal guarantee due in respect of hidden defects, and that relating to defective products, in accordance with the legal provisions. This guarantee is strictly limited to the pure and simple exchange in our factories of the parts recognised as defective, without compensation of any kind for dismantling and reassembly labour, immobilisation and transport costs.This guarantee does not apply in the event of negligence, poor maintenance or incorrect use by any user. Defects and deterioration caused by natural wear and tear, by an external accident, defects due to faulty storage (unsheltered, damp, corrosive atmosphere, etc.), late protection against bad weather or climatic conditions, lack of care and/or maintenance are excluded from the guarantee. Furthermore, we cannot be held responsible for the choice of the type of material, its location or its implementation.

9.2. Limitations of specic guarantees

9.3.1.   In general, non-barred or non-grilled openings do not provide the so- called „1200 Joules“ protection. The „1200 Joules“ characteristic is not covered by the ten-year guarantee, which only concerns the closed and covered aspects.

9.3.2.   It is imperative that the sizing calculations and proposals for the installation of smoke extraction systems are checked by a duly authorised body (e.g. control office, independent design office, etc.).

9.3.3.   In general, the location of the vents must comply with the minimum

requirements described in Technical Instruction 246.

9.3.4.   In the event of the installation of a temporary or permanent lifeline, the annual inspection by an inspection office is the sole responsibility of the customer.

9.3.5.   Any intervention under any guarantee will not be carried out if the

maintenance contract is not in order according to our recommendations.

9.3.6.   All of our works are guaranteed according to the legal provisions in force only subject to use in so-called normal conditions of use and maintenance.

ARTICLE 10 - Liability

10.1     It is specified that the products provided by Skydôme are only intended to reduce the consequences of fires. Therefore, the obligations of Skydôme under the contract are obligations of means and not of result.

10.2     Skydôme shall in no case be held responsible for damages which would have an origin foreign to Skydôme as well as indirect damages and, in particular, prejudices of commercial or financial nature.

ARTICLE 11 - RESERVATION OF OWNERSHIP

11.1     Skydôme retains ownership of the goods sold until the effective payment of the full price in principal and accessories, unless expressly specified on the order in agreement with our services. Failure to pay any of the deadlines may result in the reclamation of these goods. This retention of title clause does not prevent the transfer of risks as specified in Article 6 above.

11.2     In the event of the opening of a receivership or liquidation procedure, our company reserves the right to reclaim the goods in stock.

ARTICLE 12 - Resolution clause

In the event of non-payment, forty-eight hours after a formal notice has remained unfruitful, the sale may be terminated if we see fit, without prejudice to any damages we may claim as a result of non-payment. The cancellation will affect not only the order in question, but also all previous unpaid orders, whether they have been delivered or are in the process of being delivered, and whether or not payment is due. If we take back the goods claimed, the buyer is obliged to compensate for the loss resulting from the depreciation and, in any event, the unavailability of the goods concerned. Consequently, the purchaser shall owe, as a penalty clause, an indemnity fixed at 30% of the agreed price per month of detention of the goods taken back. If the cancellation of the contract renders us liable for advance payments previously received from the buyer, he shall be entitled to set off this debt against the claim arising from the application of the penalty clause stipulated above.

ARTICLE 13 - Data protection

Skydôme collects and processes personal data, within the framework of our professional exchanges. We do so in accordance with our obligations under the Data Protection Act applicable from 25 May 2018 (RGPD). We process data in accordance with the requirements set out in the RGPD Regulation, which means, among other things, that:

-            we state the purposes for which we process personal data - we limit the collection of personal data to that which is necessary for legitimate purposes - we seek your prior explicit consent for the processing of your personal data in cases where your consent is required

-            we take appropriate security measures to protect your personal data, and we

also require this from parties processing personal data on our behalf

-            we respect your rights to access, rectify or delete personal data upon your request.

ARTICLE 14 - Disputes

In the event of a dispute, in the absence of an amicable settlement, the only competent jurisdiction will be that of the Commercial Court of LYON, even in the event of an appeal in warranty or multiple defendants and whatever the clauses or stipulations printed on the commercial papers of our co-contractors.

OCCUPATIONAL EQUALITY

Publication de l'Index Egalite Professionnelle AXTER 2018