Wood defects… living wood
It is a natural phenomenon which after a few years gradually appears when exposing wood (treated or not) to the outside. Some love it, others less so. To overcome this aspect, the application of a saturator or a stain will prevent it from appearing. Graying does not affect the durability of the wood concerned.
They mainly appear on round timber when it is drying or in dry weather. The splits can be declined by small cracks on all the other products. They partially or completely close during wet or rainy periods. The splits do not alter the solidity of the woods concerned.
TRACES OF TREATMENT
These efflorescences are due to an excess of product on the surface of the wood during drying. It is advisable to unstack and ventilate the wood well after injection to dry it. Brushing or very light sanding is enough most of the time to eliminate it.
They can appear occasionally on treated wood stored in a soft and humid atmosphere. A slightly black or gray film forms, it can disappear under the effect of bad weather or light brushing. Mold does not affect the durability of the wood concerned.
Drips can occur after an injection and this with all types of treatment, to greater or lesser degrees depending on the species of wood, their humidity before injection, the stabilization times. We recommend unpacking the packages before implementation for proper drying. In the case of sensitive installations, such as a pergola leaning against a wall, we recommend applying a layer of saturator to the wood before installation. Avoid water runoff to sensitive areas.
This natural phenomenon can occur on the surface of softwoods during drying or following a hot period. These rises can be easily scraped off with a spatula. Turpentine oil can also be used.
1. PURPOSE OF THE SERVICES
CHARPENTIER MARINE MORBIHAN (CMM) is a shipwright. It only carries out repairs / wooden constructions / manufacture of new wooden parts and the operations that these interventions make necessary. Thus, and for example, CMM does not support dismasting, transport and rigging overhaul operations or interventions on the engine, the various equipment, tackle or gear except when they are made of wood. When CMM, for the purposes of the work entrusted to it, has to dismantle equipment, CMM does not reassemble it unless this is expressly provided for in the estimate.
CMM also offers to deposit equipment in its premises, which are unheated. CMM, as such, has only obligations to protect against bad weather and to ensure that no third party damages or steals the goods entrusted. CMM, within the framework of the deposit, is in no way bound to maintenance, repair, expertise or verification of the condition of the vessel/property entrusted. This is for deposit only.
This quotation is, unless otherwise agreed, free of charge. It is carried out according to the customer’s requests to the best of what is visible on the ship / property entrusted without dismantling. It is not an expert’s report and does not mean that any repair other than those mentioned could prove necessary or recommended during the work. It is valid for 30 calendar days from the date of issue.
The prices are expressed including VAT and any modification of the VAT which would occur between the issuance of the estimate and the date of invoicing would be borne by the customer.
3. ACCEPTANCE OF QUOTATION AND PAYMENTS
The acceptance of this estimate will be materialized by the payment of a deposit corresponding to 25% of its total amount. No work will be due before payment of the deposit has actually been made.
The owner of the vessel/property entrusted is liable for the price mentioned in the estimate and any accessories approved by the parties. In the event that the estimate is accepted by a person other than the owner of the vessel/property entrusted, this person will be a joint and several debtor with the owner of the full price.
Unless otherwise agreed in writing, 80% of the total price must be paid before the sea trials (in case of sea trials), and the balance of the price will be paid no later than 7 calendar days after the completion of the sea trials. the absence of sea trials, the price must be paid in full before the departure of the vessel / property entrusted to the vessel. CMM has a right of retention as long as all sums due have not been paid to it.
Payment must be made within 21 days of the date of issue of the invoice. After this period, concerning the repair or shipbuilding, default interest corresponding to 5 times the legal interest rate will be applied, in addition to a flat rate of 40 euros. The vessel entrusted or the part requested may be subject to a right of retention by CMM, as long as full payment of the sums due has not actually been made.
The acceptance of a partial payment does not in any way imply a waiver of payment of the unpaid balance, unless otherwise expressly stated in writing. Unilateral compensation is strictly prohibited.
In terms of storage, billing will be monthly and payment must be made in advance. In the event of late payment, the amount due for monthly storage is doubled, in addition to the application of default interest corresponding to 5 times the legal interest rate and a flat rate of 40 euros per invoice.
4. SHIP DEPOSIT / RETURN
When the vessel is deposited with CMM, a quick inventory will be carried out. This inventory cannot be exhaustive but will have the essential purpose of allowing the parties to have a general idea of the condition of the vessel and to determine together the points on which the client wishes the estimate to relate or not to relate. During this deposit/delivery, the customer indicates the value of his vessel/of the goods entrusted.
In the event of the deposit/delivery of the vessel to CMM before acceptance of the estimate, this deposit/delivery materializes the acceptance of these general conditions by the client. The latter undertakes to accept or refuse the estimate proposed by CMM within 10 calendar days following the transmission of the estimate. In the event of refusal of the estimate, the customer is liable for the storage costs of the vessel/goods entrusted between the date of deposit/delivery and that of the effective recovery. Failing to have taken a position within this period, a lump sum and daily sum of 15 euros will be invoiced by CMM to the customer from the day of deposit of the vessel and until the effective date on which the customer will withdraw the vessel.
When the customer recovers his vessel/property entrusted, he undertakes to make a complete tour of the vessel and to carefully examine it and, where applicable, the work carried out by CMM, in order to immediately mention any damage or defect with written confirmation within 48 hours.
CMM is in no way responsible for the intervention of a third party company at the request of the client, even if CMM suggests or recommends a third party, or even in the event that, at the request of the client, CMM would pay for the services of this third party and re-invoice them to the client.
CMM is only responsible for the services mentioned in the estimate. It is not up to CMM to appraise the ship or to look for possible defects in it.
The owner of the ship undertakes to have “all risk” insurance covering him throughout the performance of the work/storage. As part of this insurance, the customer certifies that his insurer waives recourse against CMM and their civil liability insurer(s).
CMM can only be liable for the direct and material damage which could result for the client from its intervention/deposit, and this within the double limit of the price invoiced by CMM to the client and the value of the vessel/of the goods entrusted declared by the customer. The latter waives all recourse against CMM and/or its civil liability insurer for an amount greater than the price invoiced by CMM to the client and the value of the vessel/property entrusted declared by the client. Any claim will be subject to an annual prescription.
Regarding repair operations / as a shipwright, CMM is not responsible for meeting the deadlines mentioned, which are only indicative.
With regard to deposit services, CMM is only responsible for protecting the ship/goods entrusted against theft and bad weather, i.e. mainly rain, snow and wind. As CMM’s warehouses are not heated or air-conditioned, CMM cannot be held responsible for any deterioration and/or damage due to temperature differences or even very low or very high temperatures.
6. AUTHORIZATION TO USE THE IMAGE
The client expressly authorizes CMM to take photos and videos of the vessel when handed over by the client, during repairs and after the work is completed, in order to use them for commercial purposes. In the event that the client does not wish the name of his vessel to be mentioned, he must expressly indicate this in writing to CMM.
7. APPLICABLE LAW
French law governs the entire pre-contractual phase, the contract(s) concluded between CMM and the client and their possible consequences.