1. OVERVIEW

These general conditions concern the services provided by EXEM.

2. ORDER

All requests for services must be the subject of a detailed order from the client, sent to the head office by post or e-mail. Services will only be provided on receipt of an order form, which must include at least : Order number, date, quotation reference and all information concerning the capacity of the signatory. In the case of a deposit, the service will only begin once the deposit has been paid. The placing of an order implies unreserved acceptance by the customer of these general terms and conditions, of this quotation or, failing that, of the fixed prices for services of which he will have had prior knowledge.

3. PLANNING, PRICES AND DEADLINES

Planning: when the dates for the start of the service appear in the quote, they only become firm and definitive on receipt of the order and after validation by EXEM. EXEM reserves the right to unilaterally modify the dates communicated in the quote, with EXEM only being held responsible within the limits of the conditions defined in the “deadline” section.

Price: the price indicated in our quotation is expressed in euros and is valid for 2 months.

Duration & Deadline: when the provision of a service requires the supply of information that is not available at the time the quotation is drawn up, only a deadline for completion appears on the quotation and it only becomes contractual once all the required elements have been sent to EXEM by the client.

4. CANCELLATION / AMENDMENT

For any service totally or partially cancelled, EXEM reserves the right to issue a compensation invoice. This amount of compensation is increased to a maximum of 20% for information notified within 5 days before the start of the service. No compensation is payable for longer notice periods. In the event of postponement of a part of the service, EXEM reserves the right to issue a partial invoice for an amount corresponding to the services not postponed.

5. PERFORMANCE OF THE SERVICE

Services are carried out in accordance with our proposal and in compliance with our quality manual. Any changes requested by the client during the course of the contract must be confirmed in writing. In addition, any modification decided upon during the performance of the contract will result in novation for the price and deadline indicated in the “order acknowledgement”. Unless a specific clause is stipulated at the time of the order, when a precise date for the execution of the measurement has been agreed with the client and the service cannot be performed on this date for a reason attributable to the client, the client will be billed for compensation that takes into account the immobilisation of human and/or technical resources. This compensation will be established in accordance with article 4.

6. CONFIDENTIALITY

EXEM staff are bound by the requirements of professional secrecy. If it has been agreed that one or more representatives of the client may attend the measurement tests, they must comply with the instructions laid down in order to preserve the rules of professional secrecy in force at EXEM.

7. CLAIMS

Complaints must be made by writing to the EXEM Quality Manager.

8. PAYMENT

Invoices are issued on delivery of the service or in part according to the conditions indicated in the quotation. Invoices and requests for deposits are payable to EXEM’s head office – 39, avenue Crampel, 31400 Toulouse or to the designated factor within 30 days of the end of the month, net of any discount. In the event of late payment, the annual rate of late payment penalties is 12%.

9. JURISDICTIONS

The Commercial Court of Toulouse has sole jurisdiction to deal with any dispute relating to the execution of orders and any dispute relating to the interpretation of these general terms and conditions, notwithstanding any clauses to the contrary by the client. By placing an order with us, the customer accepts this jurisdiction clause and waives, where applicable, any of its own clauses and general conditions.

10. RISK PREVENTION

EXEM reserves the right to refuse to carry out the services if it considers that the measuring equipment and/or its personnel are exposed to significant risks that could affect the reliability of the equipment and the safety of people. If foreseeable dangers exist, the customer must expressly inform EXEM when placing the order. If any hazards are identified at the measurement site, EXEM staff have the right to end the service. The sums relating to the service will be invoiced to the customer.

11. SUBCONTRACTING

EXEM uses the services of COFRAC-accredited third parties to carry out periodic calibration of its equipment.

12. RESIGNATION

If one of the parties in breach of its obligations does not remedy the situation within a period of 4 weeks after notification of formal notice by the other party, the latter may, without prejudice to any other action, revoke the order.