GENERAL TERMS AND CONDITIONS OF SALE (GTC) FOR THE PROVISION OF SERVICES
Identification of the Service Provider These GTC are established by:
Company name: KERMELEC
Legal form: EURL
Registered office address: Cité 1200 logement, coopérative Granitex bt 5 n°1
16024 Bab Ezzouar
Telephone:
Email: contact@kermelec-dz.com
Article 1: Definitions and Terminology
For the purposes of these GTC, the following terms shall have the following meanings:
The Service Provider: The company [Company Name] that provides the services covered by this document.
The Client: Any natural or legal person who orders and benefits from the Service Provider’s services.
The Quote: The written document prepared by the Service Provider, detailing the nature, cost, and terms of performance of the services. This document, once signed by the Client, constitutes a contract and constitutes acceptance of these Terms and Conditions.
Services: All services defined in the quote and provided by the Service Provider.
Parties: The Service Provider and the Client, collectively.
Article 2: Purpose and Enforceability of the Terms and Conditions
The purpose of these Terms and Conditions is to define the rights and obligations of the Parties in connection with the provision of services. They apply to all service orders placed by the Client with the Service Provider. Signing the quote or order form implies the Client’s unconditional acceptance of these Terms and Conditions. The Client acknowledges having read these conditions prior to entering into the contract. These Terms and Conditions prevail over any document issued by the Client.
Article 3: Order Process and Contract Formation
3.1. Assessment and Quotation: The order process begins with a assessment phase that allows the Service Provider to analyze the Client’s needs. A quote is then prepared, which constitutes a firm and definitive contract offer from the Service Provider. The quote must include, at a minimum, the following information:
The word “QUOTE” and its unique number.
The date the quote was prepared and the validity period.
The full identity of the Service Provider and the Client.
A precise and detailed description of the services, as well as a price breakdown.
The cost of labor and any travel expenses.
The total price excluding taxes (VAT) and including all taxes (VAT).
3.2. Acceptance of the Quote: The contract is considered concluded on the date the Client signs the quote, thereby indicating their acceptance. Payment of a deposit, if provided, also constitutes final acceptance of the contract. Any modification to the quote after its signature requires a written amendment signed by both parties.
Article 4: Prices and Invoicing
4.1. Prices of Services: The prices of the services are set out in the quote. They are expressed in Algerian Dinars (AD) and include Value Added Tax (VAT) if the Service Provider is subject to it.
The quote may be chargeable if the Service Provider has clearly informed the Client in advance, particularly if its preparation requires travel or an in-depth study.
4.2. Invoicing: In accordance with Algerian law, the Service Provider is required to issue an invoice for each service provided. The invoice must be issued upon completion of the service. Failure to invoice may result in penalties.
The invoice must include the following mandatory information:
The word “INVOICE” and its unique, sequential number.
The invoice date.
The service delivery date.
The full identity of the Service Provider (name or company name, address, RC number, NIF, NIS, etc.).
The full identity of the Client (name, address, registration numbers if professional).
The description and quantity of services performed.
The unit price excluding VAT and the applicable VAT rate.
The total amount excluding VAT and including VAT, in figures and words.
The payment terms and deadline.
Article 5: Payment Terms and Late Payment Penalties
Payment of the price of services is made according to the terms and deadlines specified in the quote and on the invoice.
In the event of late payment, late payment penalties are automatically applied, without the need for prior formal notice. The rate of late payment penalties may be set by the parties. For information purposes, SMT Network applies a fixed penalty of 2% of the sale price per month of delay. These penalties are in addition to the tax surcharges incurred in the event of non-payment of taxes (form G50) within the legal deadlines.
Article 6: Obligations of the Service Provider
The Service Provider undertakes to perform the service with diligence and professionalism, and to provide work in accordance with industry standards. The Service Provider is bound by an obligation of means, unless otherwise stipulated. In the event of a defect in the performance of the service, the Client may formally notify the Service Provider to correct the defect.