Valid from 6/1/2019
Sales of COMPLETE HOMES are subject to the provisions of these general terms and conditions, which shall prevail over the BUYER’s terms and conditions of purchase. Any waiver must be accepted by the SELLER in writing beforehand. Any special terms and conditions signed by the parties shall prevail over these terms and conditions in the event of any conflict between clauses.
1 - Definitions and scope of application
Whenever these General Terms and Conditions are used, the following terms shall have the following meanings:
‘HOME’: mobile home by the Résidences Trigano brand, commissioned by the CUSTOMER, consisting of a frame, exterior cladding with panels, partition walls and a roof.
‘EQUIPMENT’: materials, appliances, flooring surface, decorative elements and all other options to kit out the HOME and in part chosen by the CUSTOMER when placing the ORDER.
‘COMPLETE HOME(S)’: the HOME and its EQUIPMENT.
‘CUSTOMER’: any buyer, whether a natural person or legal entity.
‘SELLER’: the company ‘Résidences Trigano’
‘ORDER(S)’: defined by the SELLER and the CUSTOMER in the purchase order; it includes the price, the quantity and the equipment for the COMPLETE HOME(S) sold to the CUSTOMER.
‘DELIVERY’: process consisting in the SELLER making the COMPLETE HOME available at the factory, ex works and unpacked, and receipt by the CUSTOMER of the COMPLETE HOME at the factory.
‘PAYMENT’: credit recorded on the SELLER's bank account of the total amount owed by the BUYER for a given invoice.
2 - ORDER
The SELLER and the CUSTOMER define the features of the COMPLETE HOME model and its DELIVERY date in the order. The ORDER is closed, final and enforceable by the SELLER and the CUSTOMER after the Parties have signed the purchase order.
3 - Price
Unless otherwise agreed between the CUSTOMER and the SELLER, the prices are understood to be made available at the factory, ex works and unpacked. According to the Incoterms 2010 EX WORKS term, the CUSTOMER accepts all costs and risks inherent to the transport of the COMPLETE HOMES from the SELLER’s factory to the desired destination.
The prices in force on the date of the ORDER are valid for all goods to be delivered within three months from the date of the ORDER.
PAYMENTS shall be made in cash at the SELLER’s address.
In the event of partial or full NON-PAYMENT of invoices on the specified dates, the amounts due shall bear interest as a matter of law and without formal notice of 1 % monthly, with the annual rate not being less than three times the legal interest rate in force on the day of the delay, as well as a fixed compensation for collection costs amounting to 40 euros (L441-6 of the French Code of Commerce). The CUSTOMER shall also be immediately liable for all other amounts due to the SELLER on demand. In the event of any deterioration in the CUSTOMER’s creditworthiness, the SELLER reserves the right to postpone or cancel the delivery of the ORDERS until PAYMENT in full of all invoices due has been made.
4 - Delivery and transport
The SELLER shall have fulfilled their delivery obligations when they make the COMPLETE HOME available to the CUSTOMER at their factory, ex works and unpacked. DELIVERY times are for guidance only. Delays in DELIVERY shall not entitle the CUSTOMER to cancel the ORDER nor payment by the SELLER of any compensation, except in the event of notice by the CUSTOMER via registered mail with an acknowledgment of receipt, not followed by the execution of the SELLER within one month from the date of receipt of such notice.
The CUSTOMER undertakes to take ownership of the COMPLETE HOMES within 10 calendar days from the issuance of the invoice. The CUSTOMER shall observe or ensure that their carrier observes a binding period of 72 hours from the date of issue of the invoice before occupying the COMPLETE HOMES. If the CUSTOMER fails to observe the delivery time, the SELLER reserves the right to bill the CUSTOMER storage costs of €10 per day.
Upon the arrival of the goods and before unloading, it shall be the CUSTOMER's responsibility to verify the exterior conditions of the COMPLETE HOME and its conformity with the ORDER, as well as note down any possible issues on the transport delivery note and, if necessary, to file a claim with the carrier in accordance with the rules governing this matter. The CUSTOMER shall convey all issues noted down to the SELLER within 72 hours of receipt of the HOMES, as well as a copy of the claim addressed to the carrier. COMPLETE HOMES shall be understood to have been received complete and in good order by default.
If the CUSTOMER – a professional – intends to take any legal action, they must do so within one year from the date of delivery. Once this period has passed, the statute of limitations on their right to take such actions will expire. Any COMPLETE HOME that clearly shows a lack of conformity notified within the period specified above must be replaced or restored – upon the SELLER's discretion – without entitling the CUSTOMER to demand compensation for any reason.
5 - Warranty and liability
The HOME is guaranteed by the SELLER under the terms and conditions set out in their warranty brochure, pending the application of the third-party warranty. The CUSTOMER alone shall assume the warranty of conformity required of sellers in their relationships with their own customers. Failure to comply with the usage rules contained in the SELLER’s documentation as well as the assembly of the equipment not in accordance with the technical standards or any modification of the COMPLETE HOME without the prior written consent of the SELLER shall exonerate the latter from all liability. All EQUIPMENT is guaranteed under the general terms and conditions of its suppliers.
The COMPLETE HOME comes with a legal warranty, excluding the warranty for obvious defects, for the CUSTOMER.
6 - Industrial property - trade name
The CUSTOMER may not modify, cover up or remove the distinctive signs placed by the SELLER on the HOMES. Failure to comply with this obligation may result in the automatic termination, without prior notice, of the current ORDER(S) and the advance claim of any amount owed by the CUSTOMER, all of this without prejudice to any action that the SELLER may take against the CUSTOMER. The CUSTOMER may place – while abiding by the provisions set forth in the paragraph above – their own brand or sign, which may not cover a surface area greater than 25% of that occupied by the different signs placed by the SELLER.
7 - Retention of title clause
The SELLER expressly reserves ownership of the COMPLETE HOMES until PAYMENT in full of its price, the principal, expenses and accessories has been made. Until PAYMENT in full has not been made, the CUSTOMER may not resell the COMPLETE HOME or grant a third party any kind of right over it, except through a prior written agreement with the SELLER. In addition, the CUSTOMER undertakes to place on all COMPLETE HOMES not delivered on their premises, and at their own expense, a sign saying that the COMPLETE HOME is an unseizable property of the SELLER.
The CUSTOMER must return to the SELLER, in good condition and at their own expense, the COMPLETE HOME whose price, including expenses and interest, has not been paid to the SELLER. Any amount paid by the CUSTOMER shall be kept as compensation.
8 - Transfer of custody and risks
From the time of DELIVERY, the risks and custody of the COMPLETE HOMES shall be transferred to the CUSTOMER. The CUSTOMER shall take out, at their own expense, an insurance policy ‘in the name of the person to whom the HOME will belong’ covering all risks of damage to the COMPLETE HOMES and shall submit it to the SELLER, upon first demand.
9 - Termination
The contract between the CUSTOMER and the SELLER may be automatically terminated, and delivery may also be postponed or the goods withheld, if the SELLER deems it appropriate in the following cases: non-payment on the agreed due date of all amounts due for the items specified in this contract or noncompliance with the provisions of Clauses Seven and Eight. The termination shall take effect on the day of first presentation to the CUSTOMER of a letter of notification sent via registered mail with an acknowledgment of receipt.
10 - Acts of God or force majeure
War, strikes, epidemics, interruption of transport, shortage of raw materials, accidents, disasters and, in general, all acts of God or force majeure shall automatically entitle the SELLER to suspend or delay the execution of the ORDERS in progress, without any right to any compensation or damages.
11 - Applicable legislation - attribution of jurisdiction
This contract shall be governed by French Law.
All disputes arising from the execution, interpretation or termination of this contract shall, in the absence of an amicable agreement, be submitted to the competent court located in the jurisdiction of Paris. This attribution clause shall not apply to any disputes arising from the sale of a HOME to a private individual.