Terms and Conditions of Sale and Supply of Services
1. Scope of Application
Any order for our products and services implies the client’s unconditional acceptance and full adherence to these general terms and conditions, which prevail over any other document provided by the Client, unless expressly agreed otherwise in advance by our Company. Any proposal or written offer from our representatives binds our Company only if it complies with these general terms and conditions. Our Company reserves the right to modify these general terms and conditions at any time, with the applicable version being the one provided along with the quotes/invoices.
2. Orders
Any request for services is subject to a quote issued by our Company, possibly accompanied by commercial proposals outlining the project. Any request for services, even in the absence of a prior quote or commercial proposal, is subject to these general terms and conditions. Quotes issued by our Company are valid for the period specified therein. If not specified, they are valid for six months. Every order consists of:
• Our quote, returned, dated, and signed by the Client, bearing their stamp and the phrase “approved for agreement.” The Client acknowledges having all necessary information to evaluate the characteristics, scope, and suitability of the services for their intended use.
• Payment of the deposit specified in the quote or specific terms. An e-mail may serve as a purchase order and/or approval.
An e-mail may serve as a purchase order and/or approval.
Any order placed during the service will be subject to an additional purchase order prepared after the request.
In case of product unavailability or force majeure, our Company reserves the right to provide equivalent equipment to fulfill the intended purpose.
Orders submitted to our Company are irrevocable unless expressly agreed otherwise in writing by us.
An order may be modified subject to our written agreement. Any modification requested by the Client may result in a change to the price specified in the quote. If such a request is made less than seven days before the start of the service, a 20% surcharge will be applied. In case of order cancellation, the Client shall compensate our Company for all expenses incurred (including specific equipment, study costs, labor costs, tooling expenses, etc.) and for all direct and indirect consequences. Any order for custom manufacturing will be fully invoiced in the event of cancellation.
Furthermore, if the cancellation occurs less than 15 days before the scheduled shipping date of the order from our premises, the Client must pay 50% of the total order amount. If the cancellation occurs less than seven days before the scheduled shipping date, the Client must pay 100% of the total order amount. If a Client places an order with our company without having paid for one or more previous orders, our Company may refuse to fulfill the order, and the Client shall not be entitled to any compensation for any reason whatsoever.
3. Performance of Services
3.1 General Provisions for All Services
The nature and details of the services ordered are described in the order. Any service requested by the Client but not specified in the order constitutes additional services, which will be billed separately by our Company at the current rate. Our Company undertakes, under a best-efforts obligation, to exercise all necessary care and diligence in the execution of the ordered services, in accordance with professional practices and industry standards. Our Company reserves the right to subcontract all or part of the execution of the ordered services to a service provider of its choice. Any intervention of any kind on our equipment must be exclusively carried out by our teams unless our Company provides written authorization.
3.2 Specific Provisions
• The provision of electrical sources and water supply is the responsibility of the Client, who agrees to ensure optimal access to these resources for our Company.
• To prevent theft, the Client must secure all equipment provided by locking it up every evening.
• Non-standard (i.e., additional) electrical connections will be billed separately.
• If the installation site must be accessible to heavy trucks and forklifts, the Client shall ensure that the ground is suitable for such vehicles.
• The Client must ensure the cleanliness of the installation sites before, during, and after our Company’s intervention.
Our Company will arrange deployment within the timeframes defined by the Client at the time of the order; any changes may result in additional costs, which will be billed to the Client.
• The Client shall ensure the availability and accessibility of sanitary facilities throughout the duration of the service (assembly, usage, disassembly).
4. Delivery Date
The delivery date is understood as the date on which the Client takes possession of the products (sets, furniture, structures, installations, etc.), whether they are merely make available or installed by our Company according to the Client’s specifications. This date is specified in each quote. If a delay occurs, the client will bear all resulting additional costs, including overtime.
Our Company endeavors to meet the delivery date indicated upon acceptance of the order, based on the standard logistical timeframe in the industry (excluding maritime transport) and except in cases of force majeure or circumstances beyond its control, such as strikes, frost, fire, storms, floods, epidemics, or supply chain difficulties (this list is not exhaustive). Delivery delays shall not result in penalties or compensation.
Any delay relative to the indicative delivery date mentioned in the quote and order confirmation does not justify cancellation of the order placed by the client and accepted by our Company. It neither cancels nor modifies the contract. Penalty clauses included in the Client’s commercial documents are not enforceable against our company.
The delivery date mentioned in an order is only binding on our Company under the following conditions: compliance by the Client with payment terms, timely payment of deposits or guarantees, timely provision of technical specifications, no delays in preparatory studies or works, and absence of force majeure or political, economic, social, or technical events hindering our Company’s operations.
5. Client Obligations
The Client acknowledges having verified the suitability of the ordered services for their needs and intended purpose. By accepting the quote, the Client acknowledges having received all necessary information and advice from our company to make an informed decision. Consequently, the client may not raise any claims against our Company in this regard, and the choices made by the Client during the order or execution of the services are their sole responsibility. To facilitate the proper execution of the ordered services, the Client undertakes to:
1. Provide, at least 20 days before the service execution date, all requested information, content, materials, and documents as well as any other information necessary for the performance of the services.
2. Verify the accuracy of this information and its compliance with applicable laws and regulations.
3. Notify our Company immediately of any changes to this information. The client is informed and acknowledges that this obligation is essential and critical to the proper execution of the services. Our Company shall not be held liable in the event of the client’s failure to fulfill this obligation.
The Client agrees to comply with any recommendations and advice provided by our Company regarding the execution and use of the ordered services (including usage restrictions for certain materials or technical solutions deemed unsuitable). Failure to do so may result in our company terminating the affected order and any other ongoing orders, without the Client being entitled to claim any compensation.
The Client also agrees to inform our Company of any financial difficulties or risk of insolvency.
6. Transfer of Risks (Rental)
The risk is transferred to the Client from the date the worksite opens (start of assembly) until the date the worksite closes (end of disassembly). In the case of early availability or delayed removal, requested or accepted by the Client, the risk is transferred or remains with the Client on these two dates. From these dates, the Client is the custodian and guardian of the rented equipment. In case of goods or equipment being removed from our warehouses, the risk is transferred to the client as soon as the goods leave our Premises.
7. Transport
The transport cost is included in our quotes. In the case of delivery or pick-up by our Company, any additional handling or assembly/disassembly not specified in the quote will incur extra charges. It is the Client’s responsibility to make all necessary reservations with the transporter in case of damaged goods or missing items. In the case of obvious defects or shortages, any claims will only be accepted by our Company if made in writing within three working days from the delivery date. The Client is responsible for providing all evidence of the defects or shortages observed.
8. Pickup of Equipment / Receipt and Installation
The equipment is considered to have been delivered in perfect working and maintenance condition, subject to a joint inspection by both parties. In the event of force majeure or inability to access the delivery site, or if the Client refuses the equipment at the delivery site, regardless of the cause, the Client will remain liable for the full payment of the order, and our Company’s responsibility cannot be engaged. The delivery/receipt of the order must be documented with a specific document signed by the Client and our services. In the absence of a signature, the delivery/receipt will be deemed as accepted and in conformity by the Client, who cannot raise any dispute. The rented or sold equipment must be used according to its usual purpose. Without prejudice to the client’s obligations regarding the transporter as described in Article 7, no return of goods may be made by the Client without our prior written consent. Return costs will only be borne by our Company if an obvious defect or shortage is confirmed by our Company. Only the transporter chosen by our Company is authorized to return the affected products. When an obvious defect or shortage is confirmed by our Company after inspection, the Client may only request replacement of the non-conforming items and/or the missing parts, at the expense of our Company, without the Client being entitled to any compensation or cancellation of the order. Acceptance of the delivered products by the Client without reservation covers all apparent defects and/or shortages. The Client’s claim, made in accordance with the conditions above, does not suspend the payment for the concerned goods.
In case of non-payment of a due invoice after a reminder has gone unanswered for 8 days, our Company reserves the right to suspend any ongoing or future deliveries. Any claim must be reported in writing during the opening period of the event.
9. Return of Equipment
Any extension of the rental period must be reported at least 72 hours before the originally scheduled return date and can only be done with our Company’s approval. This extension must be confirmed with a new order, which must be validated within the same timeframe under the same conditions as the original order. The Client will be held responsible for any damages caused to our Company and its clients due to delays in returning the equipment.
10. Technical Assistance
Any technical assistance that our Company may provide to the Client, free of charge, and upon the Client’s request, regarding products other than those supplied by our Company, shall not in any case engage our Company’s liability.
11. Price and Payment Terms
The prices billed are those in effect on the day of the order, with the applicable VAT rate being that of the legislation on the day the invoice is issued for all products and services. Any price changes will automatically apply from the date indicated in the new price lists. The photos, prices, and specifications in our Company’s catalog and websites are non-contractual. Beyond the validity period mentioned in Article 2, we reserve the right to adjust prices and modify schedules and deadlines. After this period, price proposals no longer engage our Company unless they have been renewed in writing for a new period, with the possibility of necessary adjustments. The prices in our catalogs are provided for informational purposes. They are calculated net, without discount. Any exceptional discount granted must be confirmed in writing by our Company. Any deposit on an order must be received 24 hours before delivery. The price is payable by bank transfer on the due date specified on the invoice. Any billing for additional charges will not block or delay the due date of the original invoice, as long as it corresponds to the order placed by the Client and accepted by our Company. Only the bank transfer credit notice will be considered as full payment under the terms of these conditions. Any late payment will automatically incur late payment penalties at the European Central Bank’s refi- Terms and Conditions of Sale and Supply of Services Sociétés du Groupe D&P – SAS au Capital de 2 000 000€ - 26 rue du chemin vert 78610 Le Perray-en-Yvelines RCS Versailles 75089932000014 – TVA FR42750899320 - APE 6420Z nancing rate plus 10 percentage points, as well as a recovery fee of €40 per unpaid invoice, without prejudice to statutory late payment interest and other collection costs, which will be billed to the Client upon presentation of supporting documents. Late payment penalties are due without reminder. Any partial payment will be applied to the amounts owed, starting with the oldest due amounts, regardless of the cause.
12.Liability
The Client assumes full responsibility for the rented equipment from the moment of delivery until its return, including to third parties, without recourse against our company for any reason. Any rental of lifting equipment, structures, supports, towers, platforms, ladders, and flooring is the sole responsibility of the Client, who must take out all necessary insurance to cover all risks and damages that may arise. The Client further agrees to use the equipment according to its intended purpose and not to make any modifications or repairs to the equipment without prior consent from our Company. Our Company’s liability cannot be engaged due to malfunction or improper functioning of the rented equipment, or in case of the addition of incompatible equipment or misuse of the rented equipment. The equipment remains the property of our Company, and the Client has no rights or claims related to the equipment. Our Company’s liability cannot be engaged for events occurring during transportation, such as destruction, damage, loss, or theft, even if the Company chose the carrier. The liability of our Company is expressly excluded in the case of force majeure and any fault, violation, or failure of the client to meet its obligations as outlined herein, including its essential obligation to provide information, as well as in the case of non-compliance with legal and regulatory obligations. In any case, if our Company’s liability is engaged, the amount of repairs due for the damages claimed, whether direct and/or indirect, material and/or immaterial, including costs, expenses, and other damages incurred by the Client or third parties, will be limited to the price actually paid by the Client for the ordered services. The liability of our Company for damage to premises or installations at the delivery site can only be engaged if the Client has carried out, at their own expense, an inventory at the beginning and end of our intervention.
13. Insurance
The Client must mandatorily take out loss and damage insurance that complies with the insurance offered by our Company and covers the equipment during the period of availability.
14. Intellectual Property
All documents created by our Company remain its exclusive property, as the sole holder of intellectual property rights on these documents, and must be returned upon request. Any element and/or content provided by the Client for the execution of the ordered services remains its exclusive property. The Client declares that they have all necessary intellectual property rights and/or authorizations for the elements and content they provide and guarantees our Company against any claims, demands, or actions by third parties, particularly for the violation of their intellectual property rights. The Client agrees to respect our company’s intellectual property rights (including names, brands, designs, creations, copyrights, etc.), not to infringe them, and acknowledges that they have no rights over them. The Client is prohibited from seeking or obtaining legal protection (including, but not limited to, trademark, patent, design, or copyright claims) in any country, in any class of products or services, identical, similar, derivative, or related to our Company’s intellectual property rights. Our Company retains ownership of the knowhow developed or used in the execution of the services ordered by the Client and is free to use it for other purposes and/or for other Clients. Any service performed by our Company and rejected by the Client remains our full and complete property. In case of violation of this article by the Client, our Company reserves the right to terminate or suspend all or part of the Client’s orders. Any deposits paid will remain with our Company, and the full price of the ordered services, whether fully or partially executed, will be fully invoiced and due by the Client, without prejudice to our Company’s right to seek compensation for the damage suffered. Our Company guarantees that it holds all intellectual property rights on the elements incorporated into the ordered services and commits to indemnifying the Client from any claims, demands, and actions from third parties for infringement or intellectual property rights claims on these elements.
15. Confidentiality
The Parties agree to keep all information and documents they may become aware of during their relationship confidential, for a period of 5 years from the end of the contract. By accepting these general terms and conditions, the Client expressly authorizes our company to refer to them as a business reference in advertising and communication materials, and to include their name, brand, and logo on brochures, commercial documents, websites, and social media.
16. Non-Solicitation of Personnel
The Client agrees not to directly or indirectly solicit any member of our Company’s staff who participated and/or collaborated in the execution of the ordered services during the execution period and for one year following the end of the services, even if the initial solicitation was made by the employee themselves. In the event of non-compliance with this clause, the Client will be required to pay our Company a lump-sum indemnity equal to the gross remuneration received by the employee during the six months prior to their departure.
17. Personal Data
Our Company may collect personal data concerning the Client. This data is collected to enable the execution of the ordered services and to send the Client information about our activities and services. The Client’s data is accessible only to the persons (employees and managers) within our Company who have a legitimate interest in knowing it. Outside of our Company, the Client’s personal data may also be accessible to IT and technical service providers who work on our information systems, servers, tools, and software applications, or who ensure data hosting. Our Company reserves the right to share the Client’s personal data to comply with legal obligations, particularly if required in the context of judicial, administrative, or legal procedures or under administrative, legal, or judicial decisions or constraints. Subject to proving their identity, the Client has the right to:
• Access their personal data and obtain a copy;
• Correct any incorrect or outdated personal data;
• Request the deletion of their personal data. However, our Company may retain certain data to comply with its legal and regulatory obligations and when it has a legitimate reason;
• Object to the processing of their personal data if they have legitimate reasons;
• Withdraw consent;
• Limit the processing of their personal data;
• Exercise the right to data portability, i.e., receive a copy of their personal data in a structured format and transmit it to another data controller. The Client also has the right to file a complaint with the French National Commission on Informatics and Liberty (CNIL) if they believe their rights have been violated. To exercise their rights and for any questions regarding the processing of personal data by our company, the client can send an email to dpo@dparchi.com. The Company reserves the right to decline any request that appears unreasonable due to its repetitive or systematic nature or that could jeopardize the security of servers, files, systems, and data. For more general information about the personal data we collect, please refer to our Privacy Policy.
18. Force Majeure
Our Company will not be held responsible for any failure to fulfill its obligations resulting from an event of force majeure, as defined by law and case law. If our Company is prevented from fulfilling its obligations due to a force majeure event, the parties must try to find a fair solution and take all reasonable steps to minimize the consequences of the force majeure, without either party being entitled to claim compensation. In any case, our company will be entitled to retain any deposits paid and invoice the full price of the services actually provided, even if only partially. If the event lasts more than 30 days, the contract between our Company and the Client may be terminated by the most diligent party, without either party being entitled to claim damages.
19. Miscellaneous Provisions
Assignment/Transfer: The Client is prohibited from assigning or transferring without our prior written consent. Nullity: If any provision of these terms is deemed null or unenforceable, the other provisions will remain fully applicable. Tolerance/Non-Waiver: Any tolerance by us in the application of these provisions cannot be interpreted as a waiver of our right to enforce them later against the Client.
20. Applicable Law / Jurisdiction
These terms and any orders placed under them are governed by French law. Our Company’s registered office is the elected domicile. Any dispute or claim must, before resorting to any court, first be subject to amicable discussions. If an agreement is reached, it will be recorded in a protocol. Any dispute not resolved amicably by the parties will be submitted to the jurisdiction of the Court of Versailles.