General Conditions
These general conditions apply to all services and products provided by CORPORATE OPERATIONAL STRATEGIES SA. Special conditions, contractually agreed and applicable to a specific service performed by CORPORATE OPERATIONAL STRATEGIES SA, may supplement or modify these general conditions.
Article 1 : Purpose
Any offer established by CORPORATE OPERATIONAL STRATEGIES SA and accepted by the customer results in establishment of a contract for the services and the duration mentioned in the offer.
The customer acknowledges that acceptance of the offer is expressed by one of the following events:
- signature by the customer of the offer established by CORPORATE OPERATIONAL STRATEGIES SA;
- acceptance by e-mail mentioning acceptance of the offer in question;
- acceptance by SMS mentioning acceptance of the offer in question;
- payment of a deposit with reference to the offer in question.
In the event that no financing agreement has been negotiated in writing, the customer declares that he has the financial resources to pay any invoice in connection with the offer in question and accepts responsibility for payment. Regarding emergency service calls, an offer cannot be made before the intervention. The prices for the services will be communicated to the customer upon request. In the event that the customer does not request the exact amount or an estimate of the costs resulting from the emergency call, he accepts responsibility for payment.
Article 2 : Offer and contract
- The offers of CORPORATE OPERATIONAL STRATEGIES SA remain free and non-binding, unless they are designated as binding in each individual case. In this case, CORPORATE OPERATIONAL STRATEGIES SA is bound by its offer, unless an exceptional period is indicated in the offer.
- The legends of the offer indicating illustrations, drawings, weights or measurements are not binding and are only approximate, unless they are designated by CORPORATE OPERATIONAL STRATEGIES SA as binding for the specific case. The data related to the contract is generally only job descriptions and does not constitute guarantees.
- All copies, drawings, illustrations, photographs, plans and technical and offer documentation provided, concept and cost estimates, remain the exclusive property and intellectual property of CORPORATE OPERATIONAL STRATEGIES SA. Without prior consent from CORPORATE OPERATIONAL STRATEGIES SA, they cannot be used, made accessible or given to third parties, in whole or in part. They must be returned immediately and upon initial request to CORPORATE OPERATIONAL STRATEGIES SA if the offer contract is not accepted.
- In the event that the contract is established with the customer by acceptance of a contract or an order signed with CORPORATE OPERATIONAL STRATEGIES SA, the service provider reserves a maximum processing time of ten working days following receipt of the order. During this period, the customer is and remains bound by his order.
- For a specific contract or order, the confirmation [shall be deemed as proof] in case of doubts. The customer is required to check the order confirmation from CORPORATE OPERATIONAL STRATEGIES SA upon receipt as concerns the content of his contract.
- To be valid, contracts, orders, order confirmations and declarations of acceptance must in written form and can be sent by fax and e-mail.
Article 3 : Payement and billing
The price of the emergency service call is communicated to the customer upon request and is payable immediately at the end of the service. The products and merchandise sold remain the property of CORPORATE OPERATIONAL STRATEGIES SA until full payment has been received. However, the risks related to the goods will be transferred to the buyer or the transporter, upon physical remittance of the products. CORPORATE OPERATIONAL STRATEGIES SA reserves the right to take back the merchandise installed at the customer’s premises in the event of non-payment at the time of an emergency service call.
Article 4 : Performance and timeframe for services to the client
Respect of the delivery timeframe in the order of the contract signed and agreed with CORPORATE OPERATIONAL STRATEGIES SA requires that all commercial and technical questions have been resolved between the parties and that the customer has satisfied all of his obligations. The delivery timeframes offered by CORPORATE OPERATIONAL STRATEGIES SA do not start until these obligations and formalities for execution of the delivery time are in compliance. Labour disputes, riots, government action, other cases of force majeure and the appearance of unforeseen and unavoidable obstacles, which are not the direct responsibility of the CORPORATE OPERATIONAL STRATEGIES SA, excuse the service provider from respecting delivery timeframes. This also applies to unexpected absences of delivery by the partners of CORPORATE OPERATIONAL STRATEGIES SA. The service provider agrees to immediately inform the customer about the beginning and end of these disturbances. If delivery is delayed or even impossible due to these circumstances, the customer’s claims are excluded.
Article 5 : Urgent service calls
Regarding urgent service calls, CORPORATE OPERATIONAL STRATEGIES SA guarantees its customers fast service within 1 hour in the Grand Duchy of Luxembourg.
The [CORPORATE OPERATIONAL STRATEGIES SA] technician cannot be held responsible for any damage caused when doors are opened.
The customer acknowledges having been informed that, in certain cases, damage cannot be avoided when opening doors in an emergency situation.
Article 6 : Payment for emergency service calls
For emergency service calls, payment is to be rendered to the technician immediately after the service has been completed, in cash or by bank card. The customer will receive an invoice which may be used to request reimbursement from his insurance company. If the customer cannot settle the invoice at the time of the service call, he will be granted a term for payment which will indicated in writing, a copy of which will be remitted to him. He must transfer the amount due to the bank account of CORPORATE OPERATIONAL STRATEGIES SA as it appears on the front of the terms and conditions of sale or on the various sites of the group. If payment is not made by the due date, CORPORATE OPERATIONAL STRATEGIES SA may assess a penalty against the customer for the daily amount of 20.00 €.
Article 7 : Acceptance of the work
By signing, the customer accepts the general conditions of sale of CORPORATE OPERATIONAL STRATEGIES SA and accepts the finished work. Any complaint by the customer must be made before signing the acceptance report for the work and must be explained to the technician so that these flaws can be rectified immediately.
Article 8 : Order
Each order for materials recorded on our form is accepted by the client’s signature and must be respected. If the customer changes his mind later, he will have to pay for the materials ordered. After payment for his order, the materials in question will be remitted to him.
Article 9 : Cometent jurisdiction
Any dispute which may arise between the parties regarding execution or interpretation of this contract shall be subject to the exclusive jurisdiction of the Commerce Court of Luxembourg. Any dispute that may arise between the parties will be resolved in accordance with the institution’s mediation and arbitration rules. Any dispute which may arise between the parties, regarding execution or on the occasion of this contract, will be brought, at the initiative of one of the parties, before an arbitration panel made up of three people.
Legal information
False statements and misuse by another unauthorized person are the sole responsibility of the customer. All customer data we collect will only be kept for the needs of the contractual services and will not be made available, in whole or in part, to third parties.