Terms and condition
SIRET 810 151 654 00011
Pont de L'arn. 81660
1. For the purpose of these Terms & Conditions the following words shall have the following meanings:
(a) "The Company" shall mean MarksMultiservices and any and all operators working for or on behalf of MarksMultiservices
(b) "The Customer" shall mean the person or organisation for whom the Company agrees to carry out works & supply materials.
The representative shall mean the representative appointed by the Company.
Independent assessor/expert, shall mean a person or persons hired or initiated by the client outside of MarksMultiservices.
2. The Company reserves the right to refuse or decline work at its own discretion. Where the Company agrees to carry out works for the Customer those works shall be undertaken by the designated operative of Company at its absolute discretion.
3. Where a written Devis has been supplied to the Customer and a 30% deposit paid to the Company, the total charge to the Customer referred to in the Devis can only be revised in the following circumstances:
(i) if after submission of the Devis the Customer instructs the Company (whether orally or in writing) to carry out additional works not referred to in the Devis.
(ii) if after submission of the Devis there is an increase in the price of materials.
(iii) if after submission of the Devis it is discovered that further works need to be carried out which were not anticipated when the Devis was prepared.
(iv) if after submission of the Devis it is discovered that there was a manifest error when the Devis was prepared.
The company will always issue a new Devis before continuing works.
4. The Company shall not be under any obligation to provide a Devis to the Customer & shall only be bound (subject as hereinafter) by a Devis given in writing to the Customer & signed by a duly authorised representative of the Company. The Company shall not be bound by any Devis given orally or in which manifest errors occur.)
5. Invoices are due for payment immediately upon delivery to the Customer.
(i) There is no warranty/insurance of any kind given or implied before a full and final payment has been made and accepted.
(ii) We do not provide or give credit facilities.
(iii) At no time are partial payments accepted without prior acknowledgment by the company in writing.
(iv) Due notice will be given for overdue accounts, all default accounts will be pursued using legal means without further notice.
(v) No communication will entered into by the company with a defaulting client after the stated due date for payment without full and final payment.
6. Where the date &/or time for works to be carried out is agreed by the Company with the Customer, then the Company shall use its best endeavours to ensure that the operative shall attend on the date & at the time agreed. However, the Company accepts no liability in respect of the non-attendance or late attendance on site of the representative\operative or for the late or non-delivery of materials.
7. If the Customer cancels their instructions prior to any work being carried out or materials supplied then the Customer shall be liable for any related expenditure by the Company had the work been carried out &/or materials supplied in accordance with such instructions. All supplied materials for work are to be paid for on arrival at site.
8. If, after the Company shall have carried out the works, the Customer is not wholly satisfied with the works then the Customer shall give notice in writing within 3 months to the Company & shall afford the Company, and its insurers, the opportunity of both inspecting such works, & carrying out any necessary remedial works if appropriate. The Customer accepts that if he fails to notify the Company as aforesaid then the Company shall not be liable in respect of any defects in the works carried out.
8a. All works carried out after receiving instructions from a customer initiated independent assessment/evaluation, then all works and materials used will covered under the insurance/decennial of the assessor/expert using the last worker principal (the assessor/expert is held to be guarantor of all works).
9. The customer agrees to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by the customer or their agents.
10. These terms and conditions shall be governed by and construed in accordance with French law. We agree to submit to the non-exclusive jurisdiction of the French courts for all purposes in connection with these terms and conditions. These terms and conditions can and will change without prior notice.