Skip to Content

EG2SI – GENERAL TERMS AND CONDITIONS OF SALE (B2B)

 

Clause 1: Purpose

These general terms and conditions of sale detail the rights and obligations of EG2SI (a sole proprietorship with its registered office at Route du lac 1062 – 74140 Excenevex, registered with the RCS of Thonon-les-Bains under number B-887537348) and its clients in the context of the sale of the following services:

Et de ses clients dans le cadre de la vente de services suivants :

  • IT services and consulting

Any service performed by EG2SI implies unreserved acceptance by the buyer of these general terms and conditions of sale.

Clause 2: Prices

The prices of services sold are those in effect on the day the order is placed. They are stated in Euros or CHF and calculated excluding taxes. Therefore, they will be increased by the applicable VAT rate on the day of the order. EG2SI reserves the right to modify its rates at any time. However, it undertakes to invoice the services ordered at the prices indicated when the order is recorded.

Clause 3: Discounts and rebates

The proposed rates include any discounts and rebates that EG2SI may grant, based on its results or the buyer's assumption of certain services.

Clause 4: Early payment discount

No discount will be granted for early payment. 

Clause 5: Terms of payment

Payment for orders is made by:

  • Bank transfer;
  • Check;
  • Payment slip

Upon order confirmation, the buyer is not required to pay a deposit on the total invoice amount, except in specific cases (exclusive services, high mission costs, long-term commitment). The balance is payable upon receipt of the invoices based on the services delivered.

Clause 6: Late payment

In case of total or partial non-payment of delivered services, the buyer will be reminded and must justify the reasons or force majeure for the delay. The assignment will be suspended.

If no amicable solution is found, EG2SI reserves the right to claim compensation and penalties for recovery costs, in accordance with Article L441-10 of the French Commercial Code (late penalties are due without reminder) from the day following the due date indicated on the invoice.

This penalty will be calculated on the gross amount of the remaining due sum and will apply from the due date.

Clause 7: Service delivery

The service is carried out:

  • In accordance with the information stated on the order form,
  • In accordance with the information stated in the service contract if established in addition to these terms,
  • In accordance with the description of the client's needs at the time of the order.

The delivery time indicated at the time of the order is for reference only and not guaranteed.

Therefore, any reasonable delay in the completion of services or deliverables shall not entitle the buyer to:

  • Claim for damages;
  • Cancel the order;

In case of disagreement on the quality of deliverables, the buyer must express all necessary reservations. These must also be confirmed in writing within five days of the disagreement, by registered letter with acknowledgment of receipt.


Clause 8: Force majeure

EG2SI shall not be held liable if the non-performance or delay in the performance of any of its obligations under these terms results from a force majeure event. Force majeure refers to any external, unforeseeable, and irresistible event under Article 1218 of the French Civil Code.


Clause 9: Termination – Contract resolution

  • 9.1 Termination for breach

If one of the parties fails to fulfill any of its essential contractual obligations and does not remedy this within 30 days following a formal notice sent by registered letter with acknowledgment of receipt, the other party may terminate the contract by right, without prejudice to any damages.

  • 9.2 Termination for convenience

Each party may terminate the contract at any time, provided that it notifies its decision in writing with a 30-day notice. Services performed up to the effective termination date shall be invoiced pro rata.

  • 9.3 Effects of termination

Termination of the contract, for any reason, does not affect rights and obligations already arisen between the parties. Clauses relating to confidentiality, intellectual property, liability, and jurisdiction shall survive the termination

  • 9.4 Early client disengagement

For services invoiced hourly or daily, EG2SI undertakes to remain available to the client as per the expressed needs, based on a forecasted schedule or an implicit or explicit agreement for regular involvement. This availability commitment implies voluntary limitation of allocation to other projects

In the absence of written notice of mission end or temporary suspension, any unilateral disengagement by the client (unplanned activity reduction or service stoppage) without 30 days’ written notice will entitle EG2SI to invoice a disengagement compensation equal to 50% of the average monthly amount invoiced over the last 3 months, pro rata to the unnotified notice period.

This provision aims to cover opportunity losses due to unnecessary maintained availability and to ensure minimum planning visibility for EG2SI.

Clause 10: Jurisdiction

Any dispute relating to the interpretation and execution of these general terms is subject to French law. In case of a dispute with a client located outside France, French courts shall have exclusive jurisdiction.

If no amicable resolution is reached, the competent court shall be the Commercial Court of Thonon-les-Bains, France, including in the case of multiple defendants or third-party claims.


Clause 11: Data protection

EG2SI undertakes to comply with current regulations regarding the protection of personal data. Information collected from clients is processed in accordance with our privacy policy available at  www.eg2si.com/privacywww.eg2si.com/privacy. In accordance with the General Data Protection Regulation (GDPR – EU 2016/679), the client has the right to access, rectify, and delete personal data.


Excenevex, on janvier 2021
Pascal HENRAS, Managing Director of the company.