Terms & Conditions
Any work order implies the customer's unreserved acceptance of the general conditions below, and the waiver of its own conditions.
1. Validity
Signature by the customer of the estimate or the order commits him in a firm and definitive manner. The validity of the estimate is 10 days. Any order placed after this period must result in a confirmation from us. The works are expressly limited to those specified in the offer, estimate or order. Any modification or additional work will be subject to an amendment and additional invoicing.
2. Execution deadlines
We are released from any commitment relating to execution deadlines in the case of:
a. where the terms of payment have not been observed by the customer,
b. delay in delivering the execution order,
c. modification of the work program,
d. delay from other trades,
e. additional work,
f. where the premises to be fitted out are not made available to us on the scheduled date,
g. force majeure or events such as: war, strike by the company or one of the suppliers, impediment to transport, fire, bad weather, out of stock of the supplier,
h. the choices of materials and equipment were not decided by the client before the start of the work. (Choices selected will be ordered by TGK Construction from our recommended suppliers. TGK Construction reserves the right to refuse the use of materials and equipment supplied directly by the client.)
3. Prerequisites
The customer must provide detailed plans to allow the costing of the quotes and the execution of the work. All building permits or certificates of conformity required by the work requested are the responsibility of the client, and must be provided in advance.
Water and electricity connections are the responsibility of the customer, and must be in place before work begins. If the conditions of the site do not allow an electrical connection, the rental and implementation of a generator will be invoiced to the customer. Consumption bills remain the responsibility of the customer. Any cuts related to non-payment of consumption bills will result in the suspension of work.
A toilet must be provided and made accessible for the entire duration of the work, or will be invoiced separately. Construction sites whose intervention lasts more than one day must be secured against theft of equipment. All work necessary for the safety of the site remains the responsibility of the customer and will be invoiced separately.
4. Conditions of execution
The work sites must remain accessible for the entire duration of the works, and in all seasons: snow removal remains the responsibility of the client. The customer is required to provide all the elements necessary for access (keys, codes, permissions) before the start of the work.
The installation of our works can only be carried out after completion of the spaces reserved for this purpose, and after complete dryness of masonry, plasterwork, and tiling.
The resistance of most building materials depends essentially on the hygrometric and thermal degree of the premises in which they are placed. We cannot be held responsible for deformations occurring as a result of hygrometric or thermal variations.
5. Allocation
The mentions "allocation" or "provision" indicate price estimates, for reasons such as:
• the stage could prove to be essential for the proper completion of the work,
• the item is part of an element design that has not yet been confirmed by the client,
• we are awaiting technical information from the supplier.
In the first case, if the stage proves to be essential following the work, invoicing will be based on a calculation of the actual quantities required.
6. Quantities
For construction sites under construction, any quotation from architectural plans depends on the accuracy of the measurements. We reserve the right to recalculate the quantities mentioned on the estimate in the event that disparities appear in the structure of the building.
7. Price revision
The prices indicated are valid on the date mentioned on the estimate. An update may take place according to economic conditions or government decisions corresponding to the start date of performance of the services (period of order for materials); especially when these have a direct impact on supplier prices or on administrative procedures and the cost of labor.
8. Finishes
The prices indicated do not take into account the treatment, color or varnishing of the materials. Any treatment will be discussed as an option with the client, and invoiced separately.
The choice of lighting must be communicated before the finishing of the walls and ceilings in order to be able to adapt the type of finish. Any request for recessed lighting must be communicated before the work begins, so that the structure can be adapted. A "site" cleaning will be carried out at the end of the work, but we recommend that the client plans a thorough cleaning before moving in. We decline all responsibility for any soiling after receipt.
9. Waste
The waste generated by the work ordered remains the responsibility of the customer. These will be invoiced on the basis of invoicing by weight or a collection fee per passage to the recycling centre, depending on the materials. Prices are detailed as follows:
| Designation | Unit price | Unit |
|---|---|---|
| concrete & scrap 410,00 € tonne | ||
| bulky | 394,00 € | tonne |
| bois | 280,83 € | tonne |
| incinerable | 286,23 € | tonne |
| metal | 172,50 € | passage |
| carton | 172,50 € | passage |
10. Acceptance
The works will be accepted no later than 15 days after their completion. In the absence of this acceptance within 30 days following the completion of the works, these will be considered as accepted without reservation.
11. Terms of payment
As our work is entirely carried out to order, payment is made as follows: • 40% deposit on signature of the estimate • 50% deposit at the start of work • the balance of 10% before acceptance of the work, without discount, rebate or deduction of any kind The signed estimate, the deposit and the VAT certificate (if applicable) must be received before the work begins.
The customer is responsible for verifying that the VAT rate applied is correct. False declaration of a VAT rate is illegal and could lead to a tax adjustment, as well as a fine. Any adjustment, charge, fine, or any additional cost related to a false VAT declaration is payable by the customer.
For any international transaction, the quote amount will be based on an estimated exchange rate. The amount of the invoice may therefore vary according to the exchange rate in force on the invoice date. All bank charges related to an international transfer remain the responsibility of the customer. In the event that the customer is represented by several natural or legal persons, each of these persons is held jointly and severally liable for the payment of the invoices incurred.
12. Extras
All unexpected additional work or work requested by the customer which is not detailed in the initial estimate is considered as extras. The price for additional work will be agreed and paid by the customer. Once payment is received, these works can be scheduled in the work schedule. It is understood that any additional work will directly affect the working hours.
13. Suspension of work
In the event of non-compliance with the terms of payment, the company reserves the right to suspend the work directly after giving notice to the client to keep its commitments.
14. Penalty clause
In the event of breach of contract, attributable to the customer, before the work is carried out, the deposit paid will be retained as lump sum compensation. To this amount will be added the amount of supplies and equipment already ordered. In the event of breach of contract, attributable to the customer, during the work being carried out, a lump sum equal to 30% of the amount including tax of the estimate, as well as any additional costs incurred, will be added to the invoicing of the work carried out. Late payment penalties will be required if the sums due are paid after the payment date shown on the invoice (art. L441-6 of the Commercial Code). The rate of this late payment interest is equal to 1% per month of delay. This interest is calculated per month, the month started counting for a whole month.
15. Retention of title
The goods delivered remain our property until receipt of the work and full payment of the price (law no. 80-335 of May 12, 1980). In the event that payment is not made within the time limit provided, we reserve the right to take back the item delivered and to terminate the contract. These provisions do not preclude the transfer to the customer, upon delivery, of the risks of loss and deterioration of the goods sold, as well as the damage they could cause.
16. Attribution of jurisdiction
In the event of a dispute, jurisdiction is conferred on the courts of the registered office of our company. TGK Construction // 95H Chemin de l'Abreuvoir, 74310 Les Houches // Siret: 811 058 627 00019