GTC
ARTICLE 1 - ENFORCEABILITY - PURPOSE
These General Terms and Conditions (GTC) apply to all services rendered by FCBA, including
consultancy, tests and trials, training, etc. The placing of any order implies the client’s
acceptance of these General Terms and Conditions of Sale and the renunciation of his own
ones. Explicit written exemptions may be made to the GTC by FCBA.
All information and descriptions provided in FCBA catalogues, brochures and other digital
media, etc. are given solely for information purposes and have no contractual value.
ARTICLE 2 – QUOTES – ORDERS
Any quote made by FCBA is valid for 3 months as of the day it was issued. Quotes include one or more down payments. The amount of any down payment is decided at the time the quote is issued.
Orders are not finalised until the client signs and returns the quote issued by FCBA. On placing an order, the client enters into a definite and full commitment, notwithstanding any cancellation on his part.
ARTICLE 3 – LEAD TIMES
The lead times stated for services are given for information purposes only. They start once all items necessary to fulfil the order have been received by FCBA or, where appropriate, once an order has been accepted.
Lead time overruns shall not give rise to damages and interest payments. and full commitment, notwithstanding any cancellation on his part.
ARTICLE 4 – PRINCING
Services are sold in line with the price schedule valid at the time the quote is issued.
ARTICLE 5 - PAYMENT TERMS
The invoices issued by FCBA are due 30 days end of month from the date of the invoice, without discount. A down payment is made on placing the order, with the rest to be paid on delivery.
Intermediate invoices reflecting project progress may be issued to the client.
ARTICLE 6 - OVERDUE PAYMENT OR DEFAULT
In the event of any late payment, FCBA may suspend all current orders without prejudice to all other legal proceedings. If the payment terms provided for an instalment to be paid upon order, the delivery will be made subject to the full collection of the instalment.
Any amount outstanding on the agreed term shall automatically result, with no prior injunction,
in the payment :
– of a fixed compensation amount for collection costs in an amount of EUR 40
– late payment penalties at the interest rate applied by the European Central Bank to its latest refinancing transaction increased by 10 percentage points. The rate applicable during the first half year of the respective year is the rate applicable on January 1 of the respective year. For the second half of the respective year, it is the rate applicable on July 1 of the respective year. Such penalties shall be calculated on the outstanding amount all taxes included accruing from the term until full settlement.
Such amounts shall be owed without a reminder being needed.
ARTICLE 7 - LIABILITY
FCBA may not, under no circumstances, be held liable for any damage resulting from errors, omissions or inaccurate information in the documents provided by the client.
FCBA may only incur liability within the scope of the task entrusted to it, with any financial compensation not exceeding 30% of the price paid for the service in question.
The purpose of any work performed by FCBA in the context of innovation design support or technical support is to provide information on one or more possible solutions to a set problem.
FCBA is not therefore involved in the client’s decision to implement the results of FCBA studies.
ARTICLE 8 - COMMUNICATION OF THE RESULTS
The results of the services rendered by FCBA give rise to a single set of documents compiled in the name of the client. Translations of documents and certified copies may be provided for a fee for a period of ten years following the issuance of the original document. In the event of a translation diverging from the original document, the latter takes precedence.
Only the original documents and the certified copies are valid vis-à-vis third parties. No modification or alteration may be made to these documents once they have been communicated. The reproduction of a document established by FCBA is only authorised when the a full copy mentioning the word “reproduction” is made.
No written document preceding the final results of the service and emanating from FCBA may be communicated by the client to third parties without the express written authorisation 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 - BRAND PROTECTION
The company name FCBA, the logos and brands belonging to the company benefit from national
or international protection. Their unauthorised use will be considered as abuse and subject to
legal proceedings. Authorisation will not be given for purely commercial purposes.
ARTICLE 11 - LEGISLATION –JURISDICTION
These GTC and any contracts based on them are governed by French law with regard to their validity, interpretation and execution.
Any dispute arising from them will fall under the exclusive jurisdiction of the French courts in Paris, notwithstanding the case of a warranty claim or multiple defendants.
TERMS SPECIFIC TO THE TESTING REALISATION
ARTICLE 12 - SAMPLES
The client must make available to FCBA free of charge the samples, products or materials necessary for performing the service, with any transport costs borne by the client. In the event of FCBA taking responsibility for their purchase, the associated costs will be billed to the client.
The client is required to take back his samples, products or materials within two months of the sending of the document presenting the results. In the event of this deadline being exceeded, the samples, products or materials may no longer be reclaimed and FCBA may proceed with their destruction without further notice. Should anything be sent back to the client, a quote for the costs for transport, insurance and packaging will be issued. The shipment of samples, products and materials to and from the client takes place at the client’s risk.
In the event of the client wanting the tested products, samples or materials to be stored for more than two months, he must specify such on placing the order, indicating the exact period. Storage
costs will then be invoiced together with the services rendered.
Under no circumstances may FCBA be held liable for any deterioration of the samples, products or materials attributable to their use or the tests performed on them in the course of the work entrusted to FCBA: In the event of any major deterioration, the samples, products or materials may not be preserved.
ARTICLE 13 - COMPLAINTS
Any dissatisfaction expressed by the client in writing and relating to the results of characterisation and/or evaluation services will be registered as a complaint and will be processed as such with a view to providing the client with a response. FCBA will make available to any client demanding such a description of its complaint handling process.
ARTICLE 14 – USE OF THE FCBA TRADEMARK – COMMUNICATION OF CHARACTERISATION AND/OR EVALUATION RESULTS (TEST REPORT, TECHNICAL FILE, OPINION OR CERTIFICATE OF CONFORMITY, ETC.)
Use of the trademark registered as Institut Technologique FCBA under no. 3513573 and its logo are reserved for the Institut Technologique FCBA, unless expressly authorised.
Any use of the results of characterisation and/or evaluation services communicated by FCBA, and/or any reference to these service likely to mislead a product’s consumer or user, may become the subject of legal proceedings in accordance with the legislation in force.
The results of the services remain the property of FCBA until the client has paid the agreed price.
Services relate solely to the samples characterised or evaluated and have no bearing on any controls of the quality of their production.
Should a company owning a document relating to a characterisation or evaluation performed by FCBA wish to mention such in its technical documentation, on its website or in the social media, the following conditions must be respected:
– All results obtained comply with standard-related or regulatory specifications or with a specific bill of specifications accepted by FCBA,
– The communication in question must refer solely to the product characterised or evaluated by FCBA,
– The product marketed is identical with the product characterised or evaluated,
– The technical documentation, the information on the website or its publication in the social media must not contain superlatives or affirmations out of line with and/or exceeding the main characteristics evaluated,
On those conditions, the communication must mention the following : “’name of the service’
FCBA n° XXX / date + the main characteristics characterised or evaluated” on the website or in
the social media, while any hyperlink may refer to a full copy of the characterisation/evaluation
document(s) concerned. All other communications require the prior express consent of FCBA.
Subject to the prior written consent of FCBA, the company owning a result of a characterisation or assessment service performed by FCBA may authorise its clients, under its own responsibility, to use this same statement in their documentation.
ARTICLE 15 - DATA PROTECTION
FCBA respects the privacy of its clients and undertakes to maintain the confidentiality of all information received, in particular concerning the client’s use of FCBA services, that could allow a client to be identified.
The information gathered is processed by FCBA, with its registered office at 10 Rue Galilée – 77420 CHAMPS SUR MARNE. In the sense of the GDPR, it is the data controller responsible for managing your requests, orders, invoices, etc.
The collection of client data is essential for the provision of our services. Refusal to consent to the processing of one’s personal data would prevent execution of these services.
Once the client has given his consent, his personal data may also be used to build a client file for marketing purposes.
Personal data is stored for the legal retention period and is intended for those necessary for its processing within FCBA as well as for subcontractors when the contract signed between the subcontractors and the data controller mentions obligations incumbent on subcontractors in terms of protecting data security and confidentiality (Article 28 of the EU General Data Protection Regulation (GDPR / EU 2016/679) and specifies in particular the security objectives to be achieved.
No data is transferred outside the European Union by FCBA.
Pursuant to the GDPR, the client may exercise his right to access the data concerning him, to correct or delete it, to request that its processing be limited, to oppose such, or to request its portability, by contacting :
ARTICLE 15 - DATA PROTECTION
FCBA respects the privacy of its clients and undertakes to maintain the confidentiality of all information received, in particular concerning the client’s use of FCBA services, that could allow a client to be identified.
The information gathered is processed by FCBA, with its registered office at 10 Rue Galilée – 77420 CHAMPS SUR MARNE. In the sense of the GDPR, it is the data controller responsible for managing your requests, orders, invoices, etc.
The collection of client data is essential for the provision of our services. Refusal to consent to the processing of one’s personal data would prevent execution of these services.
Once the client has given his consent, his personal data may also be used to build a client file for marketing purposes.
Personal data is stored for the legal retention period and is intended for those necessary for its processing within FCBA as well as for subcontractors when the contract signed between the subcontractors and the data controller mentions obligations incumbent on subcontractors in terms of protecting data security and confidentiality (Article 28 of the EU General Data Protection Regulation (GDPR / EU 2016/679) and specifies in particular the security objectives to be achieved.
No data is transferred outside the European Union by FCBA.
Pursuant to the GDPR, the client may exercise his right to access the data concerning him, to correct or delete it, to request that its processing be limited, to oppose such, or to request its portability, by contacting :
TERMS SPECIFIC TO THE SALE OF PUBLICATIONS
ARTICLE 16 - 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 17 - 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 18 - SHIPPING COSTS
Shipping costs are at the customer’s expense. They include a participation to the presentation, packaging and prepayment costs.
TERMS SPECIFIC TO THE SALE TO TRAINING
ARTICLE 19 - TRAINING TERMS AND CONDITIONS
The information and descriptions listed on the FCBA training website www.formation.fcba.fr are provided solely for information purposes and have no contractual value.
Under no circumstances may FCBA be held liable for any bodily injury caused by inappropriate use of the tools made available, and for any tangible, intangible, commercial or other damage
caused directly or indirectly to the client or to any natural or legal person relating to the provision of training.
For intra-company training courses, a signed quote acts as the purchase order.
For inter-company training courses, or courses provided on our premises, the signed quote and/or the signed training agreement act as the purchase order.
In the event of a trainee withdrawing:
– More than 10 days before the start of the training: 20% will be invoiced by FCBA for the costs incurred.
– Between 2 and 10 days before the start of the training: 30% will be invoiced by FCBA.
– Less than 2 days before the start of the training: the full cost of the training will be invoiced to the company.
Once training has started, the full cost is due.
At the end of the training, the invoice may be made out either to the company or directly, in part or in full, to the training fund insofar as this has been accepted before the start of the training.
FCBA reserves the right to cancel the training or to modify its dates and place. Companies may substitute a trainee by another one, subject to having informed the FCBA training department at least two days before the start of the training. Modified administrative documents will be sent out.