Unless otherwise expressly formulated, our work is always subject to the following conditions, which are mandatory and accepted without reservation by the customer, who must take full knowledge of these conditions prior to the confirmation of any order:
In the absence of a specified period of option, the validity of the offer expires 60 days after its issuance; once this time has elapsed, it is automatically null and void without any other formality. Moreover, any offer may be cancelled at any time if the customer has not given his or her acceptance under the conditions below (see § no. 2).
Acceptance by the customer will take the form of a deposit of 20% of the total amount stipulated on the offer. This acceptance necessarily implies the customer’s acceptance of the present conditions.
The work schedule is always given for indicative purposes only. Similarly, the haul out of the vessel may be deferred because of unfavourable weather conditions or unforeseen work on the previous vessel. The C.N.E. shall in no case be held responsible for any delay. Beyond 30 days of delay, the customer may require a refund of the deposit, thus resulting in a termination of the contract.
It is expressly agreed that any offer, purchase order or quote accepted by the customer irrevocably commits the latter and accordingly, he or she will in all events be held to fulfil his or her obligations under the conditions laid down by the said order. In the case of withdrawal, the customer is unconditionally obliged to pay in full the amount specified in the contract.
Any work in addition to the initial quote will be the subject of a supplementary quote or will be invoiced on a cost reimbursable basis at the current hourly rates.
Work invoiced by the hour is subject to a cost reimbursable contract. Any hour begun is due.
All prices are tax exclusive and net of any discount on the basis of the current rates and tariffs at the time of invoicing and are subject to change without notice. The C.N.E. cannot be held responsible for VAT exemption for foreign vessels. In case of refusal by the Customs authorities, VAT shall be attributable to the customer in full.
All goods are the property of Chantier Naval de l’Estérel until full payment of the invoices (Act 80-335 of 12 May 1980).
Unless otherwise stipulated, turnaround times are indicative and without guarantee.
It is the customer’s responsibility to verify the work delivered and to make any reservations necessary. If no observation has been formulated in writing, the departure of the vessel from C.N.E. constitutes acceptance of the work by the owner or his/her representative and no claim will be admitted subsequently.
a deposit of 20% of the total amount of the quote excluding tax is made at the time of acceptance. An additional amount of 30% is due when the vessel is hauled out. The intermediate monthly statements are to be settled immediately. In the case of a delay in payment of more than 7 days, compensation increased by 100% will be added during the first 30 days, and 300% for each additional day of storage ashore. The balance is due before launching. Beyond 30 days of delay in payment, a penalty corresponding to 1.5 times the current legal rate of interest may be required by the C.N.E.
It is the responsibility of the person responsible for the vessel to ensure the validity of the authorisations to work in France for the crew and any person or subcontractor engaged by them. Similarly, the C.N.E. cannot be held liable in the event of an accident caused or suffered by the employees of the vessel. In addition, only authorised subcontractors are permitted to operate within the C.N.E. enclosure. Non-compliance with this clause entails an immediate breach of contract without compensation.
Hauling out and launching is carried out under the responsibility of the Captain. In no case can the C.N.E be held responsible for any damage to the vessel. Similarly, in no case can the C.N.E be held responsible for theft or damage to vessels stored ashore. Warning: if the vessel is ashore and our teams are unable to work on it for reasons* that are independent of the boatyard, daily storage fees will be tripled (*non-exhaustive list of examples: waiting for survey, seizure of the vessel, late payment of monthly statements or the balance, etc…).
If asbestos is present in the composition of the boat, in particular in the parts where work is to be carried out, the owner or his/her representative must notify the C.N.E. in the shortest time possible.
A tax of 2% of the total net amount of the invoice (excl. tax) will be applied for the evacuation of waste produced by the boat outside of that originating from the work carried out by C.N.E.
It is the responsibility of owners or their representatives to cover general risks by an insurance policy established with the company of their choice. Consequently, the C.N.E. cannot be held liable for any theft, damage, claims or accidents that may occur, whatever the cause, to the vessels stored ashore in the boatyard.
Our labour services are guaranteed for 1 year, with the exception of woodwork, which is guaranteed for 3 years. The equipment installed aboard by the boatyard is guaranteed for 1 year, the guarantee being assumed by our suppliers and subject to correct use. The damage caused by non-compliant use or due to an accident are excluded from any warranty.
You are required to comply with the written (see entry form and boatyard displays) and oral instructions concerning the ISO 14001 standard, which has been implemented by Chantier Naval de l’Estérel for the respect of the environment.
The Tribunal of Commerce of Cannes is the sole arbiter in the case of any claim.