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Any market or contract between MARQUES CONFORT S.A. and the Client is exclusively governed by these general conditions, which can only be waived with the express and written agreement of MARQUES CONFORT S.A. Any conditions unilaterally imposed by the Client, in their general purchasing conditions or on any other medium, will be unenforceable against MARQUES CONFORT S.A.
These general conditions are supplementary to the provisions of the contract and the specific conditions applicable to it.
The Client is deemed to have received and accepted these conditions by signing the contract, sending an order form, or accepting an offer referring to these general conditions.
2.1. Offres. – The offers from MARQUES CONFORT S.A. specify their validity period. In the absence of such specification, they are valid for fifteen (15) days. The offers from MARQUES CONFORT S.A. are binding only if they bear the signature of an administrator or an authorized representative empowered to bind the company.
2.2. Commandes. – The order placed by the Client is firm and final upon its receipt by MARQUES CONFORT S.A., regardless of its medium. The Client acknowledges having placed the order with full knowledge of the technical characteristics of the equipment sold, made available, and the services subscribed.
2.3. Entrée en vigueur. – The contract comes into effect upon its conclusion between the parties.
3.1. Obligations de moyens. – All obligations of MARQUES CONFORT S.A. arising from the contract constitute obligations of means.
3.2. Assistance. – MARQUES CONFORT S.A. undertakes to make available to the Client all its technical support and consultancy skills for the entire duration of the contract.
3.3. Continuité et qualité des services. – MARQUES CONFORT S.A. undertakes to do everything possible to ensure the continuity and quality of the services it offers.
3.4. Non-disponibilité du matériel commandé. – In the event of an inability to supply the equipment ordered by the Client, MARQUES CONFORT S.A. will strive to propose a satisfactory technical alternative. If applicable, it is specified that the initial offer will be re-evaluated to take into account the cost of the technical alternative.
3.5. Garantie sur le matériel mis à disposition . – MARQUES CONFORT S.A. guarantees the operation of the equipment made available to the Client, in accordance with the specifications related to it under normal usage conditions.
3.8. Garanties sur le matériel vendu. – The Client benefits from the legal guarantees of conformity and against hidden defects on all equipment sold by MARQUES CONFORT S.A. A commercial guarantee can be subscribed by the Client.
3.7. Confidentiality. MARQUES CONFORT S.A. undertakes not to disclose, transmit to third parties, or exploit in any way, information covered or not by a possible professional secret as well as any other internal information of the Client that it may have become aware of during and in the execution of this contract binding it to the Client. This obligation will not cease with the end of the contract for any reason except legal obligations. MARQUES CONFORT S.A. undertakes to ensure that the above obligations are respected by its employees and by any person it may call upon for the execution of this contract. Upon the expiration of the contractual relationship, MARQUES CONFORT S.A. undertakes either to return to the Client or to destroy all documents and information concerning the Client that it has had in its possession in any medium whatsoever.
4.1. Fonctionnement et entretien. – The installer informs the Client about the operating procedures of the installation and the routine maintenance work. The Client undertakes to respect these operating procedures and to have the necessary maintenance work carried out by a professional.
4.2. Cas de non garantie. – The installer’s warranty does not apply in the following cases: in case of non-performance of maintenance work, in case of non-compliance with the operating conditions of the installation; in case of non-operation of the installation due to intervention by others, in case of damage due to freezing, in case of damage due to water quality. The Client is obliged to report any defect found in the installation within a short period from its discovery or from the moment when the defect should have been discovered by a normally diligent person. The installer never guarantees indirect damages such as, in particular, damages suffered following the cessation of the company’s operations.
4.3. Conditions préalables au chantier. – The Client must obtain all necessary legal authorizations before the start of the work. MARQUES CONFORT S.A. assumes that at the time of the start of the work all required authorizations have been granted to the Client. The client must ensure the installation of electrical connections, the operation of lighting, and the water supply on the site, as well as access to functional sanitary facilities. In the absence of these prerequisites, MARQUES CONFORT S.A. is entitled to refuse to start the work.
4.4. Stockage. – The client will provide MARQUES CONFORT S.A. with a sufficient area for its site installation and the storage of its equipment. MARQUES CONFORT S.A. may use a room equipped with a personal door locked to allow individual identification of the goods. As long as the price has not been fully paid, MARQUES CONFORT S.A. will be authorized to ensure that the goods are still individualized. If they are no longer individualized, it is entitled to demand their immediate payment, and/or to refuse any further delivery.
4.5. Confidentialité. – The Client undertakes, unless otherwise agreed in writing and in advance, not to exploit or communicate to a third party the data, methods, know-how, manufacturing processes, technical information, plans, offers, schedules, commercial operations, and financial operations of the other party, to which it would have had access during the execution of this contract.
5.1. Définitions du prix. –
5.2. Tarifs d’intervention en régie. – Interventions will be billed at the following hourly rates
The rates are established based on the consumer price index in force in the Grand Duchy of Luxembourg on April 1, 2023 (index base 921.40). They are subject to the evolution of this index.
5.3. Majoration. – The rates apply to the normal opening hours of MARQUES CONFORT S.A., namely from 8:00 am to 5:00 pm from Monday to Friday inclusive (excluding public holidays). Any service hour provided outside these hours will be increased as follows:
– between 5:00 pm and 10:00 pm from Monday to Thursday: increase of 40.%
– between 10:00 PM and 8:00 AM from Monday to Thursday: 100% surcharge
– between 5:00 PM on Friday and 8:00 AM the following Monday: 100% surcharge
– on public holidays: 200% surcharge
These surcharges are cumulative.
6.1. Commande effectuée par Client non-référencé. – For any order placed with MARQUES CONFORT S.A. by a non-referenced Client, a deposit equal to 30% of the order amount is payable at the time of placing the order by the Client, and the balance is payable before delivery.
6.2. Commande effectuée par un Client référencé.
6.2.1. Conditions générales – For any order placed with MARQUES CONFORT S.A. by a referenced Client, a deposit equal to 30% of the order amount is payable at the time of placing the order by the Client. Invoices are payable within thirty (30) days following their billing date.
6.2.2. Special conditions.
– A deposit of 30% depending on the type of goods payable at the time of order,
– The rest in installments up to 90% depending on the progress of the project,
– The balance upon receipt of the project.
6.3. Modalités de paiement. – Only cash payments (up to 3,000.00-.€) and bank transfers are accepted.
6.5. Retards de paiement.
6.5.1. Délai de paiement. – Unless otherwise stated on the invoice, the payment period is thirty (30) days after the invoice is notified to the Client, which is done within the month following the date of the service.
6.5.2. Délai de contestation. – The Client has a period of eight (8) days from the notification of an invoice to contest all OR part of this invoice and provide the reasons for their dispute. The introduction of a written dispute does not discharge the Client from paying the invoice.
6.5.3. Legal interest. – Without prejudice to the right of MARQUES CONFORT S.A. to request the termination of the contract, it is expressly agreed between the parties that any delay in payment will result, the day following the payment due date, in late payment interest which is payable without notice in accordance with Article 3 of the law of April 18, 2004, on payment deadlines. The applicable reference rate is that in accordance with Article 3, paragraph 2, of the aforementioned law.
6.5.4. Indemnisation. – A fixed compensation for recovery costs of 40 euros is automatically charged to the Client in accordance with Article 5 of the law of April 18, 2004. MARQUES CONFORT S.A. may also claim reasonable compensation for all other additional recovery costs incurred due to late payment, including expenses incurred for hiring a lawyer or a debt collection agency.
6.5.5. Cession de créance. – MARQUES CONFORT S.A. may assign its receivables to a factoring company.
7.1. Ajustement du prix. – The delivered equipment is billed based on the prices in effect on the day of the order so that MARQUES CONFORT S.A. reserves the right to adjust the prices listed in its offers, order confirmations, or any other document in case of changes in economic conditions, exchange rates, taxes and customs duties, and transportation costs occurring up to the day of delivery. This price increase will be directly charged to the Client provided it does not exceed 5% of the initially proposed price, with the Client having the option to withdraw their order in all other cases. Prices are exclusive of VAT and taxes, which are the responsibility of the Client.
7.2. Modification des conditions générales. – MARQUES CONFORT S.A. reserves the right to modify these general conditions, as well as any special conditions of the existing contract. However, it will inform the Client by email. In the absence of a dispute within eight (8) days following the notification, the changes are deemed accepted by the Client. The Client agrees that by continuing to use the services of MARQUES CONFORT S.A. after the notification of the revision, they acknowledge and agree to comply with the modification of the General Conditions.
7.3. Modification du contrat à l’initiative du Client.
7.3.1. Prohibition de la modification unilatérale des conditions de l’offre. – Notwithstanding any acknowledgment of a purchase order by MARQUES CONFORT S.A., any provision or condition in any purchase order, receipt, letter, or other memorandum issued by the Client, which in all cases is irrelevant, or adds to, renders the provisions of this agreement null and void. Neither the course of dealings between the parties nor commercial practice shall be invoked to modify the provisions of this Contract.
7.3.2. Demande de modification de la part du Client. – Any request for modification of the contract by the Client, both in its form and content, will be subject to an amendment signed by both parties. This amendment will be subject, after reviewing the Client’s requests, to specific financial conditions. Any addition, annotation, or deletion must be initialed by both parties under penalty of nullity.
7.4. Annulation de commande. – Cancellation or modification of an order is only possible with our explicit agreement and provided that our supplier accepts the termination. In the event of a return of equipment, 20% of the order price as well as our costs will be due.
8.1. Délais d’exécution. – Execution times are given as an indication and only start after all preliminary contract formalities have been completed (e.g., technical data specifications, receipt of the deposit) and are calculated for continuous and uninterrupted execution of the work. The start of the work is conditioned by sufficient progress of other work so that the assembly can be carried out without hindrance. If the delivery or assembly is delayed due to the Client, the latter must reimburse MARQUES CONFORT S.A. for the related costs and expenses.
8.2. Non-liability in case of delay. – MARQUES CONFORT S.A. shall not be held responsible in the following cases:
8.2.1 Suspension in case of non-payment. – In the event of late payment, the execution of the contract by MARQUES CONFORT S.A. is suspended until the Client’s debt is cleared without the need for prior notice.
8.2.3 Suspension in case of force majeure. – The occurrence of an event covering the characteristics of force majeure and causally preventing the execution of the contract by one of the parties will result in the suspension of the contract’s execution.
In addition to the cases usually recognized by law and jurisprudence, events constituting force majeure include total or partial strikes, internal or external to the company, epidemics, pandemics, earthquakes, storms, floods, fires, explosions, declared or undeclared wars, blockades or embargoes, riots, governmental restrictions or prohibitions, blockages of supply transportation for any reason, telecommunications blockages, including switched telephone networks, all value-added networks, prolonged power outages.
The party alleging the occurrence of such an event and considering itself unable to fulfill its obligations will notify, in a detailed manner, the suspension of the contract’s execution as soon as possible by registered letter with acknowledgment of receipt. If the force majeure event lasts longer than fifteen (15) calendar days from the receipt of the notification of the event’s occurrence, the parties agree to meet to redefine the terms of their contractual relationship.
In the event of the occurrence of one of the aforementioned cases, MARQUES CONFORT S.A. reserves the right to extend delivery and execution times and reserves the right to modify prices if necessary.
Without prejudice to the effects of the retention of title clause and any partial acceptance, the Client undertakes to hold MARQUES CONFORT S.A. harmless from any damage caused by third parties on the site. If necessary, MARQUES CONFORT S.A. subrogates the Client in its rights against the perpetrator of the damage.
The goods and installations related to this contract and its amendments remain the property of MARQUES CONFORT S.A. until full payment of the price. The transfer of ownership of the goods is thus subject to full payment of the price. Before the transfer of risk, the Client undertakes to insure the equipment against any risk incurred such as theft, fire, or deterioration. Before the transfer of risks, the Client is obliged to inform MARQUES CONFORT S.A. in writing of any seizure or attachment of the delivered equipment. If the price is not fully paid by the due date, MARQUES CONFORT S.A. may, after formal notice by registered letter, take back its goods. They will be identified jointly, and a receipt will be given to the Client, who will have to pay the costs related to the return.
11.1 Reception. – The reception of the works and, if applicable, the partial reception will always be recorded by a reception report, which will have been previously notified in writing by the most diligent party. In the event of the Client’s unjustified absence, the reception report will be notified to them by registered mail by MARQUES CONFORT S.A. In case of use of the installation, the works already carried out and the materials already installed are presumed to have been received. The legal warranty periods start from the reception.
11.2 Transfer of risks. – The transfer of risks takes place from the day the invoice for the work tranche to be executed is sent (art.10)
12.1 Scope of the warranty. – MARQUES CONFORT S.A. is obliged to guarantee defects in the elements embedded in the main structure for 10 years from the reception. Minor works, such as radiators and visible elements, electrical, electronic, and mechanical rotating equipment and parts, are covered by a two-year warranty, unless the defect is due to wear and tear from normal operation of the installation. MARQUES CONFORT S.A. is obliged to replace the defective part. However, the warranty does not cover the cost of labor, which remains the responsibility of the Client.
12.2 Possibility to refuse to perform the work. – MARQUES CONFORT S.A. may refuse to perform the work in cases authorized by law, for example, during inclement weather, in case of non-compliance with safety and health regulations by the Client… This refusal to perform the work cannot in any case constitute a cause for termination of the contract.
12.3 Obligations and rights. – By signing the contract, the Client grants MARQUES CONFORT S.A. the right of access to the site. MARQUES CONFORT S.A. undertakes to inform its employees to respect the Client’s property, third-party installations, and to keep the site clean and sanitary. After reception (cf. article 11), MARQUES CONFORT S.A. hands over the installation documentation to the Client and informs the Client about the operating procedures of the installation and the routine maintenance work. The Client undertakes to respect these operating procedures and to have the necessary maintenance work carried out by a professional.
12.3 Cases of non-warranty. – cf. article 4.2
These general conditions are exclusively governed by Luxembourg law, with any dispute being under the express and exclusive jurisdiction of the Courts of Luxembourg. If any provision of these general conditions of sale is found to be null and void, the validity of the other provisions will not be affected.
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