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General terms and conditions

Draft pending approval. The text below is a working draft and an English courtesy translation of the French original. Construction contracts are governed by specific rules — retention, price adjustment, liquidated damages, handover and statutory warranties. This text must be reviewed and approved by legal counsel before publication. In the event of any discrepancy, the French version prevails.

Article 1 — Scope

These general terms govern works and services carried out by ALTAVORY SARL for public or private clients, subject to the particular provisions of the contract, the specification or the agreement signed between the parties, which prevail over these terms.

Article 2 — Proposal and order

All works are preceded by a proposal issued by ALTAVORY SARL, stating the scope of works, the quantities allowed, unit prices, the completion period and the assumptions on which the proposal is based. The proposal is valid for the period stated on it. Works are deemed ordered upon receipt of the signed proposal, the awarded contract or the corresponding order to proceed.

Article 3 — Prices

Prices are expressed in Moroccan dirhams, exclusive of tax, and based on economic conditions applying at the date of the proposal. Constraints not stated in the proposal, and additional works instructed during construction, are the subject of a prior written variation.

Article 4 — Completion periods

Periods run from the order to proceed, subject to effective possession of the site, the necessary administrative consents and the items for which the client is responsible. They are extended as of right in the event of adverse weather, force majeure, delay attributable to the client or additional works.

Article 5 — Execution of the works

The works are carried out in accordance with good practice, applicable standards and the requirements of the contract. ALTAVORY SARL retains control of its construction methods and the resources deployed, unless the contract provides otherwise. The client provides possession of the site and access to it.

Article 6 — Handover

Handover of the works is agreed jointly. Any snags are recorded in the handover record and cleared within the agreed period. Handover marks the start of the statutory and contractual warranty periods.

Article 7 — Payment

Works are paid against periodic valuations based on progress, or as provided in the contract. Payment terms, any advance payment, retention and its release are set out in the contract. Late payment may give rise to penalties under applicable regulations, and to suspension of the works following a notice that has gone unanswered.

Article 8 — Warranties and insurance

ALTAVORY SARL holds insurance policies covering its professional liability and the liabilities attaching to the works carried out. The corresponding certificates are provided on request. Statutory warranties applicable to construction works apply as provided by law.

Article 9 — Liability

The liability of ALTAVORY SARL is limited to direct and foreseeable damage resulting from a breach attributable to it. It cannot be engaged for damage resulting from lack of maintenance, improper use of the works, modification by a third party or an external cause.

Article 10 — Governing law and jurisdiction

These terms are governed by Moroccan law. Failing amicable settlement, any dispute falls within the exclusive jurisdiction of the courts of Casablanca.