CFG Services, making geothermics simple. A subsidiary of the BRGM.

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General terms and conditions

Validity of offer and prices

Unit prices before tax as shown are firm and shall remain so for the provisional duration of the service, insofar as the offer is accepted, and subject to the option period. Unless otherwise stated, said period shall last for 1 (one) month. Prices and duration shall exclusively apply to those services described in the specific terms of the offer.

Any firm order accepted by CFG Services implies that the purchaser shall fully and unreservedly accept these general terms and conditions of sale and intervention, and this whatever clauses may appear on his own documents.

Any would-be specific terms departing from these general terms and conditions of sale and intervention shall be binding on CFG Services solely in the event that they have been expressly accepted in writing by CFG Services.

Any and all offers are intellectual property owned by CFG Services. They are exclusively intended for information purposes for the recipient and may not be, in whole or in part, used or communicated to a third party without the express, prior authorisation of CFG Services.

Contract period overrun and additional work

In the event that the initial contract deadline is extended for a cause that is non-attributable to CFG Services, or in the event that the services to be performed are modified by the customer, the price shall be revised and established through an amendment to the contract.

Terms of payment

Invoices are payable within 30 days of receipt, by bank or postal cheque sent to CFG Services, or by transfer to :

Société Générale – BP 1639 – 45006 Orléans Cedex 2 - France
Account name: CFG Services
Bank code: 30003
Branch code: 01540 (Orléans République)
Account number: 00020916846
RIB key: 55
Intra-community VAT number: FR 94444572044
IBAN: FR76 3003 01540 00020916846 55
BIC / SWIFT: SOGEFRPP

Any invoice that remains unpaid at its due date shall be charged interest as of the date of receipt by the customer of a properly made out formal notice. Charges shall be calculated on the basis of one and a half times the legal interest rate in effect at the time of payment, increased by one point.

In the event of a dispute on the part of the purchaser, the part of the invoice that is not being challenged should nevertheless be paid on the stated due date. Any amount due shall be paid free of any cut, deduction, charge or commission.

The VAT applied to studies performed by CFG Services shall be that in effect within the borders of the French Republic at the date of invoice.

On-site intervention

In the event of an on-site intervention :

  • The grounds are deemed to be free of any occupancy. The customer shall be responsible for any requests for authorisations, for any conditions of access and occupancy of the worksites.
  • The grounds, and especially the access to every study or intervention locale shall normally be accessible to a standard lorry. Failing this, any fitting work required to allow access shall be invoiced separately on the basis of direct labour hours, if the work does not require the use of equipment or the provision of materials. In the event of major works, a prior estimate of the works cost shall be presented to the customer.
  • The customer shall provide the precise, accurate location of any underground pipes, cables and structures that may be located under the grounds being studied or their immediate surroundings (by means of a detailed map). The customer shall appoint a manager in charge of assisting CFG Services staff and of providing any useful instructions required to avoid any worksite accidents.
  • In the event that such an accident should occur, caused by an error in the map, CFG Services shall not be liable.

Confidentiality

Information provided by CFG Services

The customer shall provide CFG Services with any information he possesses that is required for CFG Services in performing its mission, or that is likely to facilitate said mission, as well as any would-be documents mentioned in the engineering schedule.

CFG Services shall commit not to disclose any of the information acquired during the execution of the contract, unless it contradicts legal stipulations, or unless it concerns data that belongs in the public domain, or unless CFG Services has acquired said information prior to signing the contract, or from a third party outside the contract who is permitted to disclose it...

Informations émises par CFG Services

CFG Services shall retain full ownership of the intellectual property pertaining to any and all processes, methods, tools and/or techniques it may be led to develop or adjust within the framework of its intervention and performance.

Consequently, CFG Services shall retain full intellectual ownership for all documents, of any kind whatsoever, that it provides to the customer. Therefore, the customer hereby commits not to disclose any information therein that has been identified as confidential, and to solely limit access to said information to those employees who are directly involved, in exchange for a formal commitment on the part of said employees that they shall obey the terms of this clause.

The following information shall not be considered confidential by CFG Services :

  • Any information which, at the time of disclosure or at a later date, is or will become public knowledge, unless the purchaser receiving said information is responsible for its publication.
  • Any information which the purchaser already has at the time said information is disclosed, provided he can prove that he had prior personal knowledge of said information.
  • Any information received by the purchaser through a third party who is permitted to disclose it.

In the event that the customer should breach the above non-disclosure obligations, CFG Services reserves the right to terminate the contract without notice and to sue for damages proportional to the prejudice caused by said breach.

Use of documents

Any and all reports, together with any parts, maps or documents whatsoever appended thereto, make up an inseparable whole.

CFG Services shall not be held liable for any misuse that could be made of the partial disclosure or duplication of said reports and/or appendixes, nor for any interpretation made of said reports and/or appendixes beyond the formulation and indications provided by CFG Services, nor for any use made of reports and/or appendixes for another purpose than that for which they were provided.

CFG Services shall not be held liable for any modifications made to its study, unless it has given its prior written approval for said modifications.

Acceptance of the studies and work

The deadline for acceptance or refusal of the documents is set at one month following their delivery. Following said deadline, the documents shall be deemed as accepted.

In the event of work performed towards the construction of a structure, acceptance is established through an acceptance sign-off signed by the customer and CFG Services. The final report is delivered in 3 copies, unless otherwise stated.

Type and scope of obligations

CFG Services commits to implementing all of the means at its disposal, both in qualified staff and in equipment, required for the completion of the studies and work in accordance with standard accepted procedure. CFG Services is solely under a best-effort obligation, and its involvement does not include geological hazards, which are contractually deemed to be elements of force majeure.

The term “geological hazard” is understood to mean the occurrence of a difficulty relating to: either an element, the awareness of which could not be obtained on the basis of available information and of standard assessment means utilised, or exceptional variations in underground water table levels or in geological features.

CFG Services is authorised to outsource certain services.

Liability

Tort and/or quasi-tort liability

CFG Services shall bear the monetary consequences of the civil liability it incurs in accordance with articles 1382 and following of the French Civil Code, for any damage caused to third parties while performing the services executed as per the contract.

Damage to structures

In the event of the construction of a structure, CFG Services shall bear the monetary consequences of any material damage to the structure should its liability be incurred, especially when articles 1792 and 2270 of the French Civil Code apply, yet the monetary commitment of CFG Services shall not exceed the amount of its payment for the work.

Other damage

Each party to the contract shall be liable for its staff, its movable and/or immovable property, as well as all and any damaging consequences attributable to its missions. In the event of a defect due to a fault, an error or a shortcoming by CFG Services, the company shall bear the cost of any corrective studies or any modifications to be made on the established maps and documents, up to and including the amount of its payment for the work.

CFG Services’ liability shall not be invoked for any damage caused by errors resulting from documents provided by the customer under his own liability, or resulting from the choice of a supplier of outsourcer regarding which CFG Services has expressed reservations, or for any direct or indirect intangible prejudice, particularly those stemming from denial of use, immobility, loss of production, loss of profit and additional costs.

Insurance

Each party to the contract shall take out the insurance required to cover any monetary consequences stemming from the aforementioned liabilities as well as from the performance of all of their business activity. A specific insurance scheme, of the “all worksite risks” type, may be chosen in accordance with all parties, according to the kind of intervention involved, and for which the premium, as well the usual deductibles, will be paid for exclusively by the customer.

Any equipment and facilities required to perform the work, whether owned by CFG Services or by the customer, shall be under the customer’s responsibility once they have arrived at the site.

The customer will be asked to prove his insurance policy coverage. Given that the equipment warranty lasts for a period of twelve months as of its date of commissioning, would-be complaints shall only be duly considered if the installation has been utilised in accordance with CFG Services instructions.

Termination

In the event that, one month following the date appearing on the provisional schedule in the specific terms, one of the documents or records pertaining to the start of the work (including the deposit upon ordering) should be missing, CFG Services shall reserve the right, at any time, to ask for: either an update of the prices on the contract and an extension of the deadline, or a rightful termination of the contract. In the event that there is no schedule, the deadline for services shall be of one month as of receipt by CFG Services of the customer’s acceptance of the offer.

In the event that one of the parties to the contract should substantially fail to honour their obligations, the contract may be rightfully terminated 30 days after the sending of a registered letter with proof of delivery serving as formal notice, without prejudice to any damages that may be pronounced by a Court of Law.

In the event that said termination should be attributable to the customer, CFG Services would be paid for all costs, charges and services committed up to the date of termination, as well as paid a termination indemnity equal to 10% of the contract amount including taxes.

Disputes

Any dispute arising from this contract, whether regarding its interpretation or its execution, or stemming from said interpretation or execution, and which would fail to come to an amicable resolution after one month following the start of the dispute, shall come under the exclusive jurisdiction of the Court of Orléans ( FRANCE ) and be subject to French law.

November 2017

GLOBAL GEOTHERMAL ENERGY SUMMIT 2017

CFG Services will be present in Amsterdam for the 5th Global Geothermal Energy Summit (29th-30th November). You can contact our delegate Erwan Bourdon, International Business Manager,…

more info

3, avenue Claude Guillemin - B.P. 46429 - 45064 Orléans Cedex 2 / France
Tel. 33(0)2 38 64 31 22 - Fax 33(0)2 38 64 32 83