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Terms and Conditions
Any order for work implies on the part of the CUSTOMER the unreserved acceptance of the general conditions below and the waiver of its own conditions, unless otherwise specifically agreed in writing.
Article 1 – DEFINITION
- Cham Depan designates all the parties operating on its behalf.
- Cham Depan refers to the EI SIRET: 521 156 596 00046
- Cham Depan carries out the interventions on site itself. All interventions are carried out under its own responsibility, while following the quality charter and the procedures defined by the regulations in force.
- Cham Depan may in order to be able to complete the work on time and cost-effectively subcontract some of the labor. As a Sole Trader, Cham Depan is unable to invoice subcontractors, as such on completion of larger installation work the client may receive a second invoice for a portion of the labor costs directly from the subcontractor. Rest assured that all work will be carried out under the supervision of “Cham Depan” and covered by our “Ten-year Guarantee”. In this case, the subcontractors will invoice you separately and the amount will be subtracted from the “Quotation” amount. The final total of Cham Depan's invoice will be less subcontractor fees.
The COMPANY refers to Cham Depan
The CUSTOMER designates the beneficiary of the SERVICES provided by Cham Depan
The SERVICES designates all home intervention services provided by Cham Depan
The INTERVENTION designates all the means implemented to achieve the requested SERVICE.
Article 2 – PURPOSE
Cham Depan is a company qualified for maintenance or installation of all types of flues such as open fireplaces, inserts, wood stoves, pellet stoves, wood cookers. THE COMPANY is qualified for the rehabilitation and installation of smoke ducts for individuals and professionals.
The COMPANY offers to carry out, at the CUSTOMER's request, various services, sales, maintenance, installations and inspections or information relating to heating and flue installations. These services will be carried out in accordance with the rules of the art of the moment.
Prior to any INTERVENTION, the date, time and place of execution of the INTERVENTION will be agreed upon when making an appointment between the parties, after having answered the questions of the technical pre-diagnosis allowing the COMPANY to determine the conditions of INTERVENTION.
Article 3 – CONTENT OF THE SERVICES
The services of Cham Depan consistent with:
– Maintain flues by chimney sweeping,
– Remove tar from the conduits before casing or reuse
– Rehabilitate existing conduits using casing
– Control the installations,
– Check the conduits by video camera,
– Carry out smoke tests
– Measure the humidity level of firewood,
– Carry out installations of smoke ducts
- Carry out full installations of stoves and insert fireplaces
- Carry out any works related to installation of smoke ducts and their generators
– Assist, advise and inform the customer.
They are aimed at any CUSTOMER or any person designated by the latter, on equipment such as Closed Hearth, Open Hearth, wood stove, smoke evacuation ducts and other heating installations belonging to the customer or any person designated by the customer. This list is not exhaustive, Cham Depan reserves the right to add, modify, complete or delete any previously listed service that it deems useful in order to ensure increased quality of service. The CUSTOMER undertakes to provide all documents from manufacturers and/or distributors and/or suppliers necessary for the smooth running of the interventions.
Article 4 – QUOTE
When the CUSTOMER wishes, prior to any intervention, to know the amount of the intervention, Cham Depan will establish a quote. The quote will be established based on the information transmitted by the CUSTOMER to Cham Depan when making telephone contact or during a site visit. When sending the quote by email, it can be specified that the invoice may be revised upwards or downwards, depending on the number of actual hours spent with the CUSTOMER compared to the time indicated on the estimate. In the event of information transmitted by the CUSTOMER that is inaccurate or does not correspond to the type of installation initially planned, the COMPANY Cham Depan will inform the customer of a possible billing surplus before carrying out the service.
For work worth more than €200 excluding tax to be undertaken, the CUSTOMER must give written consent by signing the quote. The CUSTOMER can accept the quote by return email by including the quote concerned as an Attachment and stipulating “Good for agreement, date, place, name and first name of the signatory” or via the link provided on the quote via Gazoleen our administration system. If, during the work, it appears that the intervention will be different from what was planned in the estimate, Cham Depan must inform the customer and obtain their agreement before continuing the operation. An additional quote is then established.
For the “Chimney sweeping of all types of generator” services appearing on the website www.chamdepan.com, “services” pages, the price displayed corresponds to a package ranging 1-2 hours. Beyond the estimated time spent with the CUSTOMER, the COMPANY reserves the right to charge €25 excluding VAT for each additional quarter of an hour spent with the CUSTOMER.
THE COMPANY will not specify the cost of “roof safety” in the quote sent. In the event of bad weather: rain, snow, hail, wind, or if the roof is damp or icy, or represents a danger, the COMPANY will define whether roof security is necessary or not. If the COMPANY judges that the CUSTOMER's installation requires "roof safety", then the CUSTOMER agrees to pay €50 excluding tax. In all cases, when an intervention on a roof of more than 3m is necessary, the customer agrees to pay €50 excluding tax for “roof safety”.
Article 5 – INTERVENTION ORDER
When an intervention is carried out by Cham Depan following a disaster or any request covered by an insurance contract, the customer and/or the insurance company must, prior to carrying out the work , present and sign the intervention order established by the insurance company.
Article 6 – Limitation of INTERVENTIONS
During interventions at the customer's home, Cham Depan will not be able to ensure the proper execution of its interventions if the installation and/or use of the customer's equipment does not comply with the instructions of the manufacturer and/or manufacturer and/or or distributor and/or supplier and/or the installer and/or the standards in force (NF DTU 24.1, 24.2) and/or: Technical Reviews and/or any other recommendations or obligations relating to Fumistry Work, the opinion of the worker, if the working conditions risk endangering his safety or that of the client. In the opinion of the worker, if the equipment appears to have been modified by an unqualified third party. In the opinion of the worker, if the equipment appears not to meet safety or installation standards.
In the event that it is impossible for the worker to have easy access to the various equipment allowing him to carry out the requested service under the best conditions; Cham Depan reserves the right to cease the intervention requested by the customer if the intervention conditions are different from those which had been predefined when making the appointment.
These general conditions of service provision are brought to the attention of the customer. Consequently, subscribing to the services of Cham Depan implies acceptance of these general conditions of service provision. It is expressly agreed between the parties that the customer acknowledges in his relations with Cham Depan the validity of the information transmitted, readable on the invoice and/or on the intervention report << Visual inspection of apparent non-conformities, depending on accessibility , possible advice and recommendations, anomalies noted during chimney sweeping >>. These documents must be kept by the customer. In the absence of this method of proof, no liability could be incurred against Cham Depan.
Article 7 – PRICES AND PAYMENT
The prices of the interventions are expressed in euros and are stipulated excluding tax. They are available on the website www.chamdepan.com and on request via email. Certain services are only carried out by estimate. In order to receive a so-called “quote” offer, the CUSTOMER must ask the COMPANY to provide a quote for its work(s) or installation(s). The different prices displayed on our website include the cost of the service provided to the CUSTOMER. In the event of an unforeseen additional cost for the intervention, Cham Depan undertakes to inform the customer in advance who may then decide to interrupt the service.
The intervention rates of Cham Depan are payable at the end of the intervention unless otherwise agreed between the parties. Payment is made in full by cheque or in cash payable to Cham Depan. In the instance that the customer does not have the correct means of payment, payment by bank transfer will be accepted within 1 week of the intervention, the COMPANY bank details are clearly displayed on the invoice..
A Chimney Sweep Certificate or Intervention Report including legal notices and an invoice, will be emailed to the customer at the end of the service, as well as, if necessary, the part concerning “Visual inspection of apparent non-conformities, depending on accessibility”.
For other services, payment is to be made immediately upon receipt of invoice. In certain situations, a deposit may be requested before carrying out the various works at the Client's premises, especially those works where purchases are required.
THe COMPANY expects prompt payment on completion of works. Unless agreed in advance with the customer, a 10% penalty will be applied for late payments over 14 days from issue of the invoice. Any delayed payment for over 30 days will result in the application of a fixed compensation for recovery costs of €40.00 excluding tax in addition to the 10% penalty fee.
Article 8 – Obligations and responsibilities of the COMPANY Cham Depan
Cham Depan undertakes to use all means to ensure SERVICES to the CUSTOMER are carried out in optimal conditions, except in the event that an interruption of service is expressly requested by a competent judicial authority.
The COMPANY undertakes to take all due care in the performance of the Services for which it is responsible under and to carry out its duties in accordance with the highest quality standards.
The COMPANY shall perform the Services in accordance with their schedule, and carry out its obligations with all due diligence, efficiency, and economy, in accordance with generally accepted professional techniques and practices, and shall observe sound management practices, and employ appropriate advanced technology and safe methods.
The CUSTOMER acknowledges that Cham Depan is only subject to an obligation of means. Cham Depan cannot be held responsible for any non-performance of services when the cause of the non-performance is due to the occurrence of a case of force majeure or a fortuitous event, as defined by the jurisprudence of the French courts.
The CUSTOMER accepts that his own request for intervention on one of his equipments which is not provided and installed by Cham Depan may result in a breach of the warranty of the manufacturer and/or manufacturer and/or distributor and/or supplier and/or installer, a warranty which is not a substitute. not any guarantee from Cham Depan. The CUSTOMER may want to confirm this with the supplier and/or manufacturer and/or installer before any intervention
Article 9 – Customer obligations
The CUSTOMER must establish and maintain an optimal environment so that the COMPANY Cham Depan can intervene in the best conditions on the site. The CUSTOMER must make available to the technician of the COMPANY Cham Depan all the technical documentation provided by the manufacturers and/or distributors and/or suppliers and/or installer, the references of the generator(s), etc. and must inform the technician of the appearance of disorders or malfunctions.
The CUSTOMER must respect the procedures for using the equipment and in particular not make technical modifications, himself or by an unqualified person.
The CUSTOMER must allow safe access to all areas of the property that may be required to carry out the intervention.
The CUSTOMER must undertake to carry out all communications via official channels direct with the COMPANY Cham Depan via email to chamdepan@gmail.com , via the contact forms on the website https://www.chamdepan.com/contact-form or via mail to our address 855 route des Pelerins , 74400, Chamonix Mont Blanc. This will ensure all communications are recorded correctly by the office.
Article 10 – Limites de responsabilité Cham Depan
Cham Depan is released from all liability when:
- the quality of the intervention it carried out is not the cause of the incident which is the subject of the customer's complaint.
- the defect noted is due to the fact that the customer had the installation repaired or maintained by an unqualified person and/or without compliance with the recommendations of the manufacturer and/or manufacturer and/or distributor and/or supplier and/or the supplier. installer and/or the standards in force (NF DTU 24.1, 24.2) and/or Technical Notices and/or any other recommendations or obligations relating to Chimney Work; and/or if the chimney sweeping frequencies defined by the Decret 2023-641 are not respected. Checks after flue lining are not carried out periodically according to NF DTU 24.11 P1 Article 14.6 and appendix C.
- the non-compliance in part or total of the work. The installation has been used in conditions which do not comply with those prescribed by the manufacturer. The installation was not carried out and/or maintained normally and in particular in accordance with the manufacturers' instructions. The fuel is not suitable for use.
- there is improper use of the generator. The installation shows signs of dilapidation. Under no circumstances can Cham Depan be held responsible for any direct or indirect damage, material or immaterial, relating to its data resulting for any reason whatsoever from its intervention.
Article 11 – ROOF ACCESS
Cham Depan chimney sweeps will only be able to access the roof and the stack on the imperative condition of compliance with the legislation in force concerning work on roofs such as article R4534-85 of the labor code. Correct access and safety features must be provided onsite by the client.
Roof Safety - In the event of bad weather: rain, snow, hail, wind, or if the roof is damp or icy, or represents a danger, the COMPANY will define whether roof security is necessary or not. If the COMPANY judges that the CUSTOMER's installation requires "roof safety", then the CUSTOMER agrees to pay €50 excluding tax. In all cases, when an intervention on a roof of more than 3m is necessary, the customer agrees to pay €50 excluding tax for “roof safety”.
Article 12 – Contractual validity of information
All documents given to the client by Cham Depan must be kept by the client, until the guarantees or responsibilities of the various parties are exceeded.
Article 13 – Guarantee
Cham Depan undertakes to carry out annual chimney sweeping maintenance or any other services in accordance with current legislation. Cham Depan implements all means to comply with the rules of the art of chimney sweeping and fumisterie, within the limits of the realities and constraints relating to chimney sweeping and servicing of generators.
The customer must respect the legislation regarding the frequency of maintenance and control of his installations, according to the standards in force (DTU 24.1/24/2 – the departmental RDST - Decret 2023-641 – the directives of the manufacturers or suppliers).
Article 14 – Applicable law
All clauses appearing in these general conditions of provision of services are subject to French law.