Where the contract includes a price variation clause, the final value of the references used for the application of this clause shall be assessed at the latest on the date of performance of the services as provided for in the contract, or on the date of their actual performance if this is earlier.
The payment calculated on the basis of the final reference values used for the application of the price variation clause shall be made no later than three months after the date on which these values are published.When the final value of the references is not known on the date on which an advance payment or final partial payment is due, the purchaser shall make a provisional payment on the basis…
When advances are reimbursed by deduction from the sums due as a deposit or balance, the deduction is made after application of the price variation clause to the initial amount of the deposit or balance.
In the event of total or partial termination of the contract, the parties may agree, without waiting for the final settlement of the balance, on an amount of debts and receivables, excluding any compensation, accepted by them, on a provisional basis. If the balance is in favour of the contractor, the purchaser pays him 80% of this amount. If the balance is in favour of the purchaser, the holder pays…
In the event of termination of the contract giving rise to entitlement to compensation, if the parties fail to reach agreement on the amount of compensation within six months of the date of termination, the contractor shall, at his request, receive the amount proposed by the purchaser.
The sole purpose of the guarantee deduction is to cover reservations made on acceptance of the contract and, where applicable, those made during the guarantee period when the defects were not apparent or their consequences were not identifiable at the time of acceptance.
The amount of the guarantee deduction may not exceed 5% of the initial amount of the contract plus, where applicable, the amount of any amendments made during performance. For public contracts entered into by the State and a small or medium-sized enterprise mentioned in article R. 2151-13, this rate is 3%.
The retention is deducted in instalments from the payments on account, the partial final payments and the balance. In the event that the amount of the sums owed to the contractor does not allow the deduction of the guarantee deduction, the contractor is required to provide a first demand guarantee in accordance with the procedures set out in sub-section 2 of this section. The second paragraph does not apply to…
Where the contract provides for a retention of guarantee, this shall be reimbursed within thirty days of the date of expiry of the guarantee period.However, if reservations have been notified to the creditor during the guarantee period and if they have not been removed before the expiry of this period, the retention of guarantee shall be reimbursed within thirty days of the date of their removal.
The holder of the contract may, throughout the term of the contract, substitute for the retention of guarantee a first demand guarantee or, if the purchaser does not object, a personal and joint guarantee.The purpose of this substitution guarantee is identical to that of the retention of guarantee which it replaces.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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