ARTICLE 1 - OPPOSABILITY - OBJECT
The present general terms
apply to any transaction of FCBA such as provision of services, sales of materials,
etc. The placing of any order implies acceptance by the customer of these general
terms of sale and implies that he has waived recourse to his own terms of purchase.
Formal and written derogations may be brought by FCBA to the present general
selling conditions.
All information and descriptions featured in our catalogues, brochures, advertising
leaflets etc. are given for information only and have no contractual value.
FCBA shall be entitled, at any time, to make any modifications to the materials
which it may deem appropriate, without being under any obligation to apply these
modifications to materials which has already been delivered, which is in the
process of being delivered or which is on order.
ARTICLE 2 - ORDERS
Orders are definitive only when they have been confirmed in writing and signed
by FCBA.
The contracting party is finally and fully bound by his order, notwithstanding
any cancellation on his part.
ARTICLE 3 - LEAD TIMES
Lead times for the provision of services or materials are given for information
only.
Lead times are calculated as from the date of acceptance of the order by FCBA.
The overrunning of lead times may not give rise to the payment of damages.
ARTICLE 4 - CONTRIBUTION TO COSTS
Products, services and materials are sold at the current price at the time of
delivery.
ARTICLE 5 - TERMS OF PAYMENT
The payment of bills for contributions to costs incurred by FCBA shall be made,
without discount, by any means of payment within thirty days as from the emission
date when there is not any dates stipulated in the contribution to costs bill.
A first instalment of the amount of the contribution to costs will be paid on
placing the order, and the balance on delivery. An intermediary invoice could
be sent to the customer, linked to the progress schedule.
ARTICLE 6 - OVERDUE PAYMENT OR DEFAULT
When the payment is overdue, FCBA may interrupt all orders in progress without
prejudice of any other means of action.
Any sum which remains unpaid on the date shall, as of right, and without prior
official notice, give rise to the payment of penalty interest at one and a half
times the legal rate on the day of invoicing.
This interest shall accrue from the due date to the full payment.
If the terms of payment provide for a first instalment when placing the order,
the delivery shall only be made following the receipt of the full amount of
that first instalment.
ARTICLE 7 - LIABILITY
FCBA may not, under no circumstances, be held liable for any damages linked
with mistakes, lack of information or inaccuracies present in the documents
delivered by the customer. The FCBA liability is only limited to the scope of
the mission it has to do, the consequential damages shall not exceed 30% of
the total order amount for this service or material delivered.
The works realised by FCBA, within the framework of the help for innovation
in conception or for a technical support, deal with the providing of information
on one or several possible solutions faced to a raised problem. Thus there is
no reciprocal commitment in the decision of putting in place the studies' results
of FCBA.
ARTICLE 8 - COMMUNICATION OF THE RESULTS
OF THE WORKS
Results achieved through services performed by FCBA are recorded in a single
copy of a document to the attention of the customer. At a charge, translations
of the documents and certified original copies for a period of 10 years from
the date of issuance of the original document will be issued. In case of divergence
in the translated document, the original document prevails.
Only original and certified copies are binding on third parties. These documents
may not be changed or altered after receipt. Copying of FCBA documents is authorised
on the condition that a full copy of the document is made, with the mention
" reproduction ".
None written document preceding the definitive results of the work and coming
from FCBA shall be communicated by the customer to third parties unless formal
and written authorisation of FCBA.
Any other type of reference to FCBA services shall be subjected to the prior
written approval of FCBA.
ARTICLE 9 - CONFIDENTIALITY
FCBA will not release any information regarding the work it is entrusted with
to third parties without the customer's prior agreement.
ARTICLE 10 - PROTECTION OF MARKS
The FCBA denomination, logos and marks belonging to it benefit from a national
or international protection. Their use without any authorization will be considered
as unwarranted and will be the subject of legal proceedings.
ARTICLE 11 - LEGISLATION - POWER OF
JURISDICTION
This contract shall be governed with respect to its validity, its interpretation
and its execution by French law.
Any dispute arising from this contract shall be the subject of the exclusive
jurisdiction of the French courts in the district of Paris where the head office
of FCBA is situated, notwithstanding cases of third party or plurality of defendants.
TERMS SPECIFIC TO THE TESTING REALISATION
ARTICLE 12 - SAMPLES
The customer has to put free of charge samples of the products or materials
required to perform the provision of services at the FCBA's disposal, costs
of shipping are at the customer's expense. In the event that FCBA must purchase
the sample(s), the related expense shall be charged back to the customer. The
customer must take back all samples, products or materials handed over within
60 days of the date the document containing the results is sent. After this
period, FCBA shall have the right to proceed with destruction thereof without
further notice. Samples will be shipped back at customer request and shipping,
insurance and packaging costs will be at the customer's expense. Samples, products
and materials sent back and forth shall be shipped at the customer's own risk.
In the event the customer would like the products, samples or materials tested
to be retained beyond the 60-day period, the customer must specify this information
on the order and indicate the specific duration of retention. In this case,
the cost of storage will be invoiced at the same time as the corresponding services.
In no event may FCBA be held liable for damages to samples, products or materials
caused solely through the use or experimentation they were provided for.
ARTICLE 13 - COMMUNICATION OF THE RESULTS
Any use of the testing results communicated by FCBA, and/
or any reference to those tests which would mislead the consumer
or user of the product, may be the subject of legal proceedings
in accordance with the law in force.
The results of the works remain the property of FCBA as long
as the customer has not paid the agreed price.
A testing only concerns the tested samples
and does not imply the control of a production quality.
If a company, owner of a testing report carried out by FCBA,
wishes to mention it in its technical documentation, the following
conditions must be respected :
- All the obtained results are in conformity with the prescriptive
or regulatory specifications, or with a specific requirement,
all accepted by FCBA,
- The communication has to be done in reference only to the
tested product,
- The commercialised product is identical to the tested product.
- With these conditions, the communication must be made mentioning
the following: " FCBA test n° XXX / date + main tested
characteristics "
Subject to the prior and written agreement of FCBA, the company
owner of a testing result carried out by FCBA can authorize
its customers, under its own responsibility, to use this same
statement in their documentation.
TERMS SPECIFIC TO THE SALE OF MATERIALS
ARTICLE 14 - METHODS OF DELIVERY
Delivery takes place on FCBA premises, unless otherwise stipulated
in writing.
Delivery is made either by the direct hanging over of the product to the transferee
or by simple notification that the product is ready, or by delivery into the
hands of a forwarding agent or a carrier. The costs of transport and packaging
are borne by the transferee.
ARTICLE 15 - ASSIGMENT OF RISKS
The assignment of risks takes place at any time of delivery, of which the terms
are defined in the article 14, unless otherwise stipulated in the order acknowledgement.
Consequently, FCBA may not under no circumstances be held responsible with respect
to anything which may happen to the materials following delivery and, particularly,
without this being restrictive, during dispatch or handing over to the carrier.
ARTICLE 16 - CLAIMS
Claims in respect of conspicuous defects or any non-conformity of the products
delivered shall be made in writing, within thirty days of their reception by
the customer.
Any return of material must be the subject of a formal agreement between the
customer and FCBA.
The costs and risks of return are at all times at the customer's expense.
Once the conspicuous defect or the non-conformity of the products delivered
has been duly recorded by FCBA, the latter undertakes, as it chooses, either
to repair or replace free of charge the products, or to reimburse the cost of
the material, to the exclusion of any other compensation.
ARTICLE 17 - CONTRACTUAL GUARANTEE
As the material sold is made of different elements manufactured externally,
the latter shall be guaranteed directly by the manufacturer.
FCBA shall guarantee only those elements which it has manufactured and the services
which it has provided in relation to this material.
In this respect FCBA offers a guarantee against any operation defect for a period
of six months as from the delivery date, unless otherwise agreed and specified
on the order acknowledgement.
Any action taken under this guarantee shall not have the effect of prolonging
the latter.
Under this guarantee, the only obligation incumbent on FCBA shall be the replacement
of the product free of charge or the repair in its workshops of the products
or the elements acknowledged by its technical department as being defective.
Any costs of shipping shall be at the customer's expense.
Defects and damages caused by natural wear or by any external accident (incorrect
assembly, defective maintenance, abnormal use…) or by a modification of
the product, which was neither provided for nor specified by FCBA, are not included
in the guarantee.
ARTICLE 18 - RETENTION OF TITLE The material remains the FCBA property until full payment of the cost. In the event of default in payment at the agreed term, FCBA may repossess
the material of which it remains the owner and may, as it desires, cancel the
contract by ordinary registered letter to the transferee.
As from delivery, the customer shall take out insurance to cover all risks involved
in the holding of the material until its full payment.
The customer shall ensure that the identification of the materials is possible
at all times and shall refrain from selling it prior to the full payment of
its contribution to the costs incurred by FCBA.
ARTICLE 19 - EXPORT
The customer undertakes to comply with the legislation in force (including decrees
and regulations) relating to the restriction to the right to export or the formalities
to be accomplished in order to export. The customer shall check with FCBA that
the material delivered is not subject of a contractual prohibition to export
towards certain countries.
TERMS SPECIFIC TO THE SALE OF PUBLICATIONS
ARTICLE 20 - LIABILITY
FCBA is released from any liability regarding the use of the content of the
publications it resells.
For the publications it publishes, the FCBA's liability is released in case
of any use of their content out of the regular framework.
ARTICLE 21 - PRICE
FCBA abides by the French law 81-766 of the 10th of August of 1981 on the unique
price for the recent books, which limits to 5% the possible discount on the
inclusive of tax public price fixed by the publisher.
ARTICLE 22 - SHIPPING COSTS
Shipping costs are at the customer's expense. They include a participation to
the presentation, packaging and prepayment costs.
TERMS SPECIFIC TO TRAINING
ARTICLE 23- ARRANGEMENTS
All information and descriptions featured in our catalogue are given for information
only and have no contractual value.
FCBA may not, under no circumstances, be held liable for any damage to persons
caused by an untimely use of the materials put at disposal, for material, intangible,
commercial damage or other damage caused directly or indirectly to the customer
or to any other legal entity or person due to the provision of the training.
The settlement shall be enclosed with the registration form. The registration
is effective only after the encashment of the payment.
In case of trainee's withdrawing :
- More than 10 days before the beginning of the course : 80% of the cost of
the course will be reimbursed (20% being retained by FCBA to cover administrative
expenses.)
- Between 2 and 10 days between the beginning of the course : 50% of the cost
will be reimbursed.
- Less than 2 days before the beginning of the course : the total amount paid
for the course will be retained by FCBA.
Any course already started is due in totality.
FCBA reserves the right to cancel, postpone the course or modify the place.
Companies may, up the day before the course begins, replace one participant
with another.
ARTICLE 24 - COSTS
The quoted prices are before tax, and do not include transport and accommodation
expenses.
The training costs may, under certain conditions, be covered by administrative
organisations of training funds. In this case, an agreement of covering should
be provided by the company to FCBA. In case of non-payment, FCBA will invoice
the training cost to the company.
