Terms & Conditions
MPC Services is a multi-trade building company. Operating in France, any work we carry out for you is governed by French law and should you wish to take further advice you can contact your local 'Notaire' or your local 'Chambre de Metier'.
In this document references to “we”, “us” or “our” refer to MPC Services or the abbreviation MPC who you have requested to carry out maintenance/building works and/or associated services (the “Services”) and/or to supply associated goods (the “Goods”). References to “you” or “your” are to the company, firm or individual who has requested us to provide the Goods and/or Services (together the “Work”).
a) This document sets out the terms of sale of the Work. It is our intention that all Work is provided and accepted on these terms.
b) This document sets out the entire agreement between you and us and supersedes all earlier agreements, representations and arrangements with respect to the subject matter hereof and each party warrants to the other that it has not relied on any representation other than as expressly set out in any Contract. Nothing in the agreement shall operate to limit or exclude any liability for fraud. No variation to these terms or the Contract shall be effective unless in writing signed by authorised representatives of you and us.
2. QUOTATIONS: If we have issued a quotation for any Work then you have a reasonable period in which to accept the quotation provided that in any event it will be deemed to be withdrawn 90 days from the date of issue.
We offer a free quotation basis, however we reserve the right to charge accordingly for additional/ amended quotations and/or paperwork that is requested by you, this will be put to you in writing prior to any continuation of adminstrative works.
3. CANCELLATION: Subject to paragraphs 5 and 7 below you may not cancel the agreement between you and us for the provision of Work without our consent which if given will be deemed to be on the basis that you shall be liable to us for the loss of profit and such other reasonable and foreseeable loss as we may suffer as a result of such cancellation (such as, without limit, travel and time costs incurred by us prior to cancellation) and such damages shall be paid by you upon such cancellation. We shall use reasonable endeavours to reduce any such damages by an amount to reflect any replacement contract which we are able to carry out as a result of cancellation.
4. THE WORK: The Work to be carried out is as specified in our quotation or as agreed between you and us in writing and if at any time your requirements alter then you should provide us with written details.
5. PROVISION OF WORK: We will do all that we reasonably can to provide the Work within the agreed timescale (or if none has been agreed, within a reasonable timescale) however we cannot be held responsible for delays due to weather, strikes, lock outs, industrial disputes, terrorism, acts of God or other circumstances beyond our reasonable control. If the work is not provided within a reasonable timescale then you will be able to cancel the Contract without penalty.
6. INSPECTION OF WORK: You should inspect all Work as soon as reasonably possible during the course of the project and after its completion. If you notice any defects in the Work then you should notify us within 7 working days and give us permission to inspect the Work and correct if applicable.
7. THE PRICE: The price payable by you is as set out in our quotation. If, after we have agreed to carry out any Work for you, the cost to us of carrying out the Work increases by reason of any increase in the cost of materials and/or labour and/or any other factor outside our control then we may increase the price of the Work, which will be explained to you in depth, save that if you are unhappy with the proposed increase then you will have a reasonable opportunity to cancel the Contract without penalty.
a) Our standard company policy is to use an agreed payment plan, we generally operate a 40%/40%/20% system, this being 40% prior to starting, 40% at an agreed stage through the project and 20% on completion. We provide written receipts at every stage and a statement of account as necessary. This system may not be required for smaller projects, in which case we will discuss with you an agreed deposit and then we will send you an invoice once the Work has been completed. Unless we agree otherwise, or have a contract stating different terms than stated below, payment must be received by us within 7 days of the date of the invoice.
b) You shall not withhold or reduce the amount payable by you to us under the Contract on account of any complaint unless such complaint has been notified to us in writing or verbally and in any event shall only withhold or reduce the amount payable by a reasonable amount.
c) Payment shall be made in full without any deduction, legal or equitable set off or abatement on any grounds, unless prior written or contractual agreement is in place. We may appropriate any payment made by you to any outstanding invoice.
9. PASSING OF PROPERTY: Ownership of any goods and services supplied in connection with any works will not pass to you until payment has been received in full.
10. RELEVANT FACTS:
a) Prior to us commencing the Work you shall notify us of all relevant facts which may be connected with the Work, for example, potential hazards, adverse working conditions and access rights which are required to carry out the Work and of any steps which are necessary to deal with such facts.
b) If any hazardous or dangerous materials are present on the premises where the Work is to be carried out then full disclosure must be made prior to the commencement of any work. You shall also notify us in writing of any special requirements laid down by any relevant authority.
(c) It is the clients responsibility to obtain any planning permissions that may be required and any notifications that may be required to give to local authorities.
11. EXCLUSION OF LIABILITY:
a) Following completion of the Work, the quality of the Work can be affected by natural conditions which are beyond our control. We will not be liable for any loss, damage or expense arising directly or indirectly out of or in connection with such natural conditions or from any pre-existing structural defects.
b) We will only be liable for losses that are foreseeable and caused by our own negligence.
c) Nothing in these conditions shall exclude or limit our liability for death or personal injury caused by our negligence nor affect your statutory rights.
12. WORK GUARANTEE :
a) Our guarantee is covered by our 'Decinnale Assurance', which under French law the client is entilted to see, advise us at any stage, preferably prior to commencement of works, that you wish to see and verify our insurance and associated guarantee.
b) Please note that this guarantee does not apply where the defect arises from fair wear and tear, failure to follow our instructions, your negligence or your misuse or alteration of the Goods without our approval.
c) If we are in breach of the above guarantee then we will at our option either refund the price attributable to the faulty Work or repair, rectify or replace the faulty Work.
d) In addition to the above guarantee, where any Goods are not manufactured by us then we will do all that is reasonably possible to assist you in obtaining the benefit of any warranty given by such manufacturer in respect of such Goods.
13. YOUR LIABILITY: You shall be liable for all loss, damage or injury (whether direct, indirect or consequential) resulting from your negligent failure or delay in the performance of your obligations under the Contract.
14. YOUR RESPONSIBILITIES: You shall be responsible for the provision and cost of all necessary power and a clean water supply from the mains to enable us to carry out the Work.
15. DAMAGE TO EQUIPMENT: If as a result of your negligence, we incur any loss or expense as a result of any damage to any of our equipment then we will seek to recover such losses and expenses from you.
16. ERRORS & OMISSIONS: Any typographical, clerical or other error or omission contained in any quotation, document, website, email or acknowledgement of order by us shall be subject to correction without any liability on our part.
Any waiver by us in exercising our rights will not restrict us from exercising any of our rights at a subsequent date.