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PURCHASE TERMS
AND CONDITIONS (PTC)
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French document.
Article 1 – Scope of application of
these terms
The purpose of these standard terms of purchase is to define
the framework of the contractual relationship between the CNRS
and its co-contracting parties for all government supplies and
services contracts entered into pursuant to the French
Government Contracts Code (the “CMP”) and for all contracts
entered into pursuant to Order No. 2005-649 of 6 June 2005
concerning the contracts entered into by certain public or
private entities not subject to the French Government
Contracts Code.
In these standard terms of purchase “the contractor” shall
mean the co-contracting party of the CNRS.
If it is entered into in accordance with a procedure that is
adapted pursuant to Article 28 of the CMP or in accordance
with the terms freely defined in Article 10 of Decree No.
2005-1742 of 30 December 2005 setting out the rules applicable
to contracts entered into by the contracting authorities
mentioned in the aforementioned Article 3 of Order No.
2005-649 of 6 June 2005, the contract may take the form of a
simple order form drawn up by CNRS.
Save for a derogation expressly stipulated on the order form
or its annexes or in these standard terms, the stipulations of
the General Administrative Terms and Conditions applicable to
standard supply and services contracts in its version annexed
to the Decree of 19 January 2009 approving the General
Administrative Terms and Conditions of standard government
supplies and services contracts (hereinafter, the “CCAG FCS”),
are applicable to the contract.
By way of illustration, the CCAG FCS may be consulted at the
following address:
www.legifrance.fr
Under no circumstances will the provisions contained in the
documents filled out by the contractor, notably, its standard
terms of sale, prevail over these standard terms of purchase.
If a contract prepared by the CNRS was drafted specifically
for the contract, its clauses shall prevail over these terms,
which, in this case, shall only supplement these terms.
Article 2 – Notification
By derogation to Article 4.2 of the CCAG FCS, if the contract
takes the form of a simple order form, its notification shall
consist of sending the contractor a copy of the order form and
its annexes. In this case, the natural person authorised to
represent the CNRS for the purposes of performing the contract
according to the meaning of Article 3.3 of the CCAG FCS is the
person who signed the order form. However, the contractor is
asked to contact on a priority basis the contact person, the
contact information of whom appears on the order form.
Article 3 – Subject matter, content and technical
specifications
The contract’s subject matter, content and technical
specifications are mentioned on the order form issued by the
CNRS or its annexes.
In the case of supply contracts, the contractor is subject to
an obligation to achieve a specific result concerning the
rendering of the services in accordance with its contractual
commitments.
Article 4 – Technical documentation
The contractor covenants to supply at the time of delivery any
(up-to-date) documentation to perform maintenance on and to
ensure the proper functioning of the equipment. This
documentation is drawn up in the French language and is
provided at no additional cost.
Article 5 – Place and time limit for rendering the services
The place and time limit for the rendering of the services
appear on the order form, or else, on the documents enclosed
with it.
The starting point of the time limit for rendering the
services is the contractor’s receipt of the order.
Pursuant to the stipulations of Article 13.3.3 of the CCAG
FCS, when the contractor requests an extension of the time
limit for rendering the services, if the CNRS does not notify
its decision within 15 days of the date of receipt of the
request by the contractor, it shall be deemed to have rejected
the extension request, save for those situations mentioned in
the second and third paragraphs of Article 13.3.3 of the CCAG
FCS.
Article 6 – Penalties
By derogation to the stipulations of Article 14.1 of the CCAG
FCS, if the time limits are not adhered to, the contractor
shall incur a penalty calculated using the following formula:
P = (V x R)/100, where:
P = the penalty amount;
V = the amount of the services on which the penalty is
calculated; this amount is equal to the amount, excluding tax,
of the portion of the delayed services, or all of the services
if the delay in rendering some of the services results in all
of the services being unusable;
R = the number of calendar days of delay.
Regardless of the circumstances, P cannot exceed V.
Article 7 - Inspection of deliveries
By derogation to Article 23.1 of the CCAG FCS, simple
inspection work shall take place within at most two working
days from the delivery date of the supplies or the rendering
of the services.
By derogation to Article 22.3 of the CCAG FCS, CNRS is
not automatically obliged to notify the contractor of the
dates and times scheduled for inspections. However, the
contractor may contact CNRS to know the dates and times
scheduled for the inspections, in order to be present or
represented at these inspections.
Article 8 - Warranty
By derogation to Article 28 of the CCAG FCS, the warranty’s
starting point is the date of the acceptance of the services.
Article 9 – Payment terms
The overall payment time limit is 30 days for those contracts
entered into pursuant to the CMP or to order No. 2005-649.
An overrun of the payment deadline shall give rise
--automatically and without any other formality for the
contractor or the subcontractor-- to the benefit of late
payment interest, as of the day following the expiry of the
time limit, in accordance with the application terms provided
for by Law 2013-100 of January 28th 2013 and Decree
No. 2013-269 of March 29th 2013.
Invoices, accompanied by an official slip giving full bank or
post office account details [known in France as a “RIB” or
“RIP”, respectively] must comply with the provisions of
Articles 289-0 and 289 of the French General Tax Code [“le
Code Général des Impôts” (“CGI”)] and
contain, in addition to the information required by Article
242 nonies A of Annex 2 of the General Tax Code, the
references of the order, the contract and the corresponding
lot, if applicable.
Article 10 – Disputes
In the event of a dispute, only French law shall be
applicable.
Any disputes shall be brought before the administrative court
in the legal district in which the order form is issued.
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29 September 2014
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