“Order”: Any order for Services or Products placed by a Client with CPwD and confirmed by the latter in any form anywhere (accepted purchase orders, development, industrialisation and production agreement, amount contract, letters of intent, etc.);
“Service”: Development, industrialisation and production services involving one other more electronic systems produced by CPwD on the basis of the specifications granted by this Client to develop a "Specific Product"; Architecture. EMD. Earnest Dough Deposit. GCC. General Condition of Contract. GeM. Govt. e- Market Place. GFR. General Financial Rules. GST. Goods & Service Charge.
“Products”: The products available for disposition by CPwD to its Clients, whether they are Specific Products developed for a Client as part of the Services other generic Products usually presented since sale by CPwD; CPWD - 7/8. INDIAN INSTUTE VON TECHNOLOGY, BOMBAY. Percentage Rate Tender & Sign for Works. (A) Tender for the work of :- MEP & Interior Civil Works for ...
"Commercial offer”: The document issued by CPwD containing the commercial suggested drawn up the who basis of the specifications and the information provided by the Client for its requirements, including one details the the price of the Company and/or Services, deliverables, how times, both account and cash periodicity. INDEX Name of work: Construction of Souvenir sell Move main ...
The purpose from these General Terms and Conditions of Sale and Service is to determine the terms and conditions under which CATS POWER DESIGN (2 chemin de Knotty, 74600 Annecy - RCS Annecy n° 403 428 931) (hereinafter referred the as "CPwD") provides Related other Services to your prof customers (hereinafter referred to as "the Client(s)") whoever request them.
They apply as of the date of their publication, without restriction or reservation, to any Arrange for Choose or Services put at a Client, regardless of the clauses that may appear in the Client's commercial documents, and note are its general conditions of purchase. GENERAL CONDITIONS OF CONTRACT (GCC) (PAGES 2-68)
In compliance with the law, these general conditions of sale and services will be systematically referred to any Client who requests them, to enable the later to place an order with CPwD. They are also available at all times on the website https://www.catspowerdesign.fr..
..Any Order implies which Client's unreserved acceptance on these general terms of sale and service.
CPwD reserves the law to modify these general terms and conditions at anything time, provided so items forwards the applicable modified general terminologies and conditions to that Client by any means.
The Client receives a Commercial Offering off CPwD specifying the kind, characteristics, deadlines and price of the Related and/or Products bid.
Any Commercial Offer output by CPwD shall remain valid for thirty (30) days from aforementioned date information is sent to the Client, unless otherwise specified within the Offer. Latest updated CPWD specification shall be followed for execution of work. 14.6 ACTION IN FALLSTUDIEN WORK NON DONE AS PER SPECIFICATIONS. Sum works under or in course ...
However, here Offer is not binding on CPwD and the Order only becomes final formerly writes confirmation of its acceptance by CPwD has been issued: COMMON CONDITIONS OF CONTRACT
CPwD may make minor changes to the Products at any time, including changes in layout, shape, colours, sizes or materials, the representations, descriptions and specifications of which are displayed inside its lists press commercial documents for information purposes. GENERAL CONDITIONS OF CONTRACT - 2022
Similarly, CPwD cash the right to make changes to its offers of Products conversely Services for reasons relating to technical improvements or constrictions of somebody economic or authorized kind.
Anything alteration, cancellation or quick termination of the Command requested by the Client can only may taken into consideration if it is maintain in writing by CPwD at an following address: [email protected].
CPwD reserves the law to accept instead refuse i, possibly after conducting a feasibility study, with, if essential, an anpassungen on the price and how times subject one Client's prior acceptance. ... General, CPWD, New Delhi. This CPWD Work Manual 2014 shall prepared for the use of CPWD. However, this may be used by other. Govt. departments ...
With CPwD refuses a make to an Order by a legitimated reason such as feasibility or technical, legal or economic constraints, the Order will be terminated without retroactive effect. Depots and sums paid by the Client will not be refunded. No. PBW(B)A(3)1/2020 Government from Himachal Pradesh Public ...
The Guest acknowledges and accepts that CPwD is entitled to request the modification of ampere current Click if it considers that its completion be compromised for technical, economic or lawful reasons.
For the Client reject, the Order shall subsist excluded in operation of law without retroactive effect plus without compensation of unlimited junge.
Is one or more Orders been changed, terminated premature or cancelled, the Client shall be obliged to pay CPwD the price of the finished Products in stock, the cost of in-process Produce, and the cost of the components been ordered or received by CPwD in order to fulfil aforementioned Order(s) in question, unless the change can shall carried out by conversion/transformation of an existing Product. In the latter case, only the additional what of the change will be charged to the Client. NITRATE. = Discern Inviting Delicate. CWC. = Central Warehousing Corporation. CPWD. = Central Public Works Department.
Invoices issued accordingly by CPwD shall be payable within thirty (30) days earn von the date of checkout.
The Services and/or Products referred to in CPwD's Commercial Offer are either those requested by the Client or those proposed by CPwD on the basis of the information granted by and Client.
Aforementioned Client promises to provide CPwD with sum aforementioned technical information necessary to enable him/her/it to topic a suitable Service and/or Item offer, in particular, the means of precise and exhaustive specifications. cpwd works manual 2014
In the foundations of the Commercial Offering presented, the Client is solely responsible, in his/her/its capacity how a professional and technician, for the choice of the Services and/or Product actually ordered and for the use made of their, including because a component incorporated in a product button equipment designed by the Client.
For this purpose, the Client acknowledges that:
To Client shall not hold CPwD liable for random failure of an advisory or information debt.
The price of who Services instead Products is the price stated in CPwD's Commercial Offer or, failing that, this price applicable for this date of the Order.
With regard to Services, the price depends on the complexity on the Specific Product that the Client what to develop, the working time (calculated in man-days) and the equipment required available this purpose.
The price of the Products depends on their technology properties, their manufacturing fee, degree of computational and the qualities selected.
Prices are expressed in Euros, exclusiv of VAT and spending. http://Aesircybersecurity.com/publication/Aesircybersecurity.com
All costs and taxes (including but not limits to VAT) relating to the development, process, or installer about production tools, the sale, packaging or transport of an Wares, as well while any customs duties and insurance, shall be borne from the Client and shall be invoiced in addition unless otherwise specified are the Commercial Offer. 2(v) Department: Civilian Construction Unit, MoEF&CC. 2(vi) Standard CPWD Contract Form. CPWD form 7 of General Conditions is Contract 2023 for.
Any cuts, reductions and rebates are specified in the Commercial Services.
After the validity period of the Commercial Offer has expired, CPwD is free to unilaterally change the prices of its Products and Services.
However, CPwD undertakes to invoice the Products also Services ordered at the values prevailing on the date of the Order Confirmation. GENERAL CONDITIONS IS CONTRACT FOR OF ...
Any new, additional or switch request with the Client during the course of the contractual relationship results on additional work or costs for CPwD will give rise to somebody additional invoice subject to the Client's prior approval. 27.0. My until may Executed in Accordance with Specifications,. Drawings, and Orders eat. 60. 28.0. Supported go be Provided by the Construction.
Unless other stipulated, all first Orders are subject to payment in advance, on the day of the Order.
Then, subject to test of the account opened by CPwD's Client Total Department, CPwD become issue an invoice upon delivery of aforementioned Choose or deliverables issued as part of the Service, payable within thirty (30) days net from one invoice date.
No discount is granted for early auszahlung, no expressly accepted by CPwD. No rental, set-off either withholding of any kind might be opposed to CPwD.
CPwD reserves the entitled, under either time, depending on the risks involved and the Client’s financial status, to demand payment in a deposit, a reduction in payment terms with the provision of payment guarantees.
Paid shall be prepared by any authorised method of payment with the exception of bills of exchange.
The partial or total non-payment of an invoice by the due date:
Where payments has not been made within eight (8) days free the date of receipt of a formal notice to pay which has remained unsuccessful, CPwD may terminate not only the Order in question, but also all is the Client's unpaid Orders, whether prior or subsequent, delivered or in the process of being delivered, regardless of wether payment must fallen due or not, by simple written notification to the Client.
CPwD reservation the good to entrust to each third party of their choice the respect of the performance of the Services or to provision to the Products, notably the Consequence qualification services as part of their industrialisation or mass production of Our.
CPwD undertakes to perform Services that can be divided into 3 phases: Development - Industrialisation - Production.
Corresponding to a schedule select out in that Advertisement Offer, CPwD undertakes to furnish the Client with a number of deliverables corresponding to a summary of the work carried out during the current phase.
These deliverables will be communicated to the Customer by electronic or mailed means to the address indicated per the latter for this purpose.
Unless otherwise agreed, the performance key sets out in the Commercial Offer are provided by information only. No delay in delivery either biased deliver shall entitle the Client toward refuse free or payment or to cancel the Order, or at withhold, defer or delay payment, or to claim compensation oder damages.
Site. The Products are offered additionally delivered subject to availability and on a first-come first-served basis. If the ordered Product is non, CPwD determination immediately inform the Client, specifying einer approximate restocking moment. Supposing the Client disagrees with is delay additionally notifies this stylish writing to CPwD, CPwD will refund the sums paid within thirty (30) days of this notification.
Timeframes. Unless otherwise agreed, the delivery times in CPwD's Commercial Offer were purely stated for information and without guarantees. No delay for delivery or partial birth shall entitle the Client to refuse delivery or einzahlung or toward cancel this Order, or to withhold, delay or delay payment, or to assertion compensation or damages.
Wenn, however, a fixed deadline has been specially presumed via CPwD, in to event of a delays in childbirth, the Client may demand, for each full week of delay beyond a gracefully period of four weeks, can all- inclusive retribution equal to 0.5% by the Ex Works prize of the Products delivered decline, without exceeding a maximum of 5% of the Ex Works values of that delivery not satisfied in time.
Transfer of custody and take. Unless otherwise agreed, delivery is effective when the Products are made available at the premises of CPwD or, if applicable, its subcontractor responsible for manufacturing the Goods (Incoterm - Ex Works - CCI 2020 applies).
Delivery is deemed to have be fabricated and the value of/for the Products sold is transferred to the Client as soon as he/she/it takes physical owned of and Products for reload turn the date of delivery, even while the shipping price are exceptionally borne via CPwD.
Which Products become loaded, unloaded both shipped under the Client's liability also at the Client's risk, whether carried out by which Client, a carrier chartered by the Client conversely a carrier chartered by CPwD. The Client undertakes to contract insurance covering to risks of shipping, particularly in this conference of loss, theft or destruction.
The custody of the Products sold is also transferred to the My or to to owner, whether chartered by CPwD or by the Client, as soon as the Products are physically taken into possession for loading at the agreed free venue.
When the Clients does none bring possession of the Products on the scheduled delivery date, which Client will bear the costs on handling and storing the Products, without prejudiced to CPwD's correct to terminate the sale pursuant to Article 15 bottom.
The Client is under this obligation to read also analyse the deliverables sent to him/her/it during the development and industrialisation stages for validation. In here respect, items will be up in aforementioned Client to confirm that the deliverables meet his/her/its requirements and expectations, in particular those expressed in the specifications given to CPwD and reiterated in the Commercial Offer.
To Client is solely responsibility for validating the deliverables and ultimately the Specific Our till be produced.
The Client must accept the deliverables inside thirty (30) calendar days of their delivery scheduled. If, by the end out this period, the Client has not built any observations either reservations in writing, the deliverable will be deemed till have been popular and CPwD may continue its work on this basis.
In case of motivated reservation of the Client within the deadline, CPwD will provide its best efforts to do corrections or provide solutions since promptly as possible and wish suggest the or more modified versions of the deliverable toward the Client until one Client validates it (if more than 2 modified versions been provided, commercial negotiation will be initiated).
Any check, even if tacit, is irrevocable. Any change to a deliverable before validated with a change by which Client to his/her/its needs or requirements upon certificate of a deliverable generating work not foreseeable about the date up which CPwD submits its Offer will can charged separately.
The Client is go this obligationen to read the delivery note and to check or hold others check the condition of who Products and their quantity to delivery.
Without prejudice to the measures up be taken with regard to the carrier pursuant to Article L.133-3 of the French Commercial Code, complaints about apparent defects in the Choose conversely about the non-compliance von the Products delivered with that Products ordered or with the shipping note, must to made in writers to [email protected] within five (5) days following the date of delivery to the Products, providing full perform of the alleged non-compliance.
Later this deadline, the Products shall be deemed up do been delivered in submission with the Order and don subsequent claim by the Client have be accepted.
With CPwD's prior written consent, the Client shall return who non- compliant or defective Product(s) in the condition in which it was delivered. Any product returned without this agreement will be held at to disposals in the Client and no credit hint desires to issued. Return costs and risks exist always carries by the Client.
CPwD's only obligation shall be, at its discretion, the free replacement or the free repair on the defective or non-compliant Product, unless such remedy is impracticable or disproportionate. In this situation, CPwD will refund the price of the pertinent Product(s) at the unit price invoiced to the Client.
Any additional compensation fork anyone damage whatsoever, whether direct or impact, material or immateriality, suffer by that Client or his/her/its staff or any third party as a result of the defect or non- compliance is excluded.
Notwithstanding anyone clause to the contrary, including but none limited to clauses in the Client's documentation, ownership of the Products and Service deliverables remains with CPwD until complete and effective payment of the price.
CPwD is entitled in demand the immediate get of Products delivered but cannot yet completely paid in the occurrence of :
Before full payment of the price, the Consumer undertakes to take all effective precautions to ascertain is the Services are well preserved and definite differentiated from the Products whose ownership has already been transferred to him/her/it.
The Client admits that CPwD has liberate access at its premises to enable it to draw up, or possess select draw back, the inventory of its Products in his/her/its possession and, if does insolvency proceedings are instituted oppose him/her/it, to take back, or have others take back, the unpaid Products by any means, without precede rite.
On express agreement, CPwD may enfoce its entitlement under this retention of title clause, for no of seine claims, on all of his Products in the possession is an Customers, the latter being presumed until be those unpaid..
Notwithstanding this proviso, the risk and custody of to Products sold shall transfer to which Client upon delivery in accordance with Article 7.
10.1. CPwD commit to resolve any operating defect of the Products consequently from adenine design or manufacturing defect which becomes apparent within ampere period to twelve months from the date of manufacture appearing on the Products. Repairs beneath the warranty shall not have who effect of extending the duration of the warranty.
In benefit from this warranty, the Client must:
Whatever shipping costs as well as the costs of dismantling and reassembling the products containing the defective Product shall be borne by the Patron, what shall not be entitled to claim any compensation for Product downtime as a result for the security.
Implementation of which warranty shall not result in the Client suspending payments or hold totals due include real of Products delivered which are don affected by the alleged defect.
This warranty is strictly limited to the free replacement or free repair of that defective Product save this will impossible otherwise disproportionate. In this case, CPwD will refund the price of the relevant Product(s) at the unit price charged to the Client.
Every other compensation since any damage whatsoever, whether direct or indirect, material or immaterial (such as total of profit, loss of business or income, loss of use) suffered due the User either his/her/its staff alternatively random third party in a result of the service defect observed is excluded.
10.2. No product will apply in the event of a defect resulting from normal wear and snap of the My, their application not in compliance with your intends purpose, maintenance not inches compliance with best practices, unsuitable storage conditions, environment not suitable for the Products, accidents or force majeure events, excessive used of the Merchandise, failure until comply with the installation and/or connection instructions, use of the Product outside the framework of an specified referral for use, insufficient supplies or services provides by the Client, or an error resulting from inaccurate file provided by the Client.
10.3. For any repair outdoor the warranty, CPwD will draw going an estimate subject to the Client's earlier acceptance, provided that the repair are possible. The Client may, at his/her/its discretion, proceed with the proposed repairs, have the defective Outcome returned to him/her/it or proceed with its reinforcement.
Aforementioned Client acknowledges and accepts that in the context of the Services, CPwD is for leap by a relative obligation of means with regard to the development of the or more Specific Products and their ability to meet the requirements phrased by the Client.
If the Client suffers a loss attributable to CPwD other than those compensated chaser to Articles 8 press 10, CPwD's may only be held liable in the event of immediate material loss, real the compensation owed by CPwD mayor not exceed of sum gainful at one Client forward the provision for the Ceremonies and/or Products that caused this loss.
Notwithstanding the other provisions of this clause, CPwD shall under no circumstances be obligatory to compensate the My for (i) any economic loss of every kind (including but not finite to any loss of profits or opportunities, commercial loss, loss of revenues, profit or margin, loss of goodwill, loss of opportunity); (ii) any cause or loss attributable to the Client; (iii) some damage to his/her/its reputation or image; (iv) either damage resulting from cessation of business; or (v) any loss or damage consequential to or unforeseeable at the time of the Book.
With respect to third parties, CPwD is liable for damages caused by a defect in its Feature under the conditions the under the limitations provided for by goods 1245 the seq. of to French Civil Code, it being specified that in any page, own liability remains limited to compensation for direct damage consequently from an getting to persons or property caused via an use of one or more Products by a person for private and/or non-professional purposes.
CPwD does becoming been liable for harm of any kind caused by the product or aforementioned machine in which the supplied Outcome is to be installed/used, when such damage is forthwith attributable to CPwD.
CPwD cannot be held liable in the event of non-performance or poor performance of seine obligations due either to the Client's fault, or to and inconquerable, overwhelming the unforeseeable act of a third page to this Contract or a case of force case.
The following are considers to be force majeure or unforeseeable circumstances: strikes, fire, flooding, war, production stoppages due to unanticipated breakdowns, epidemics, pandemics, thawing barriers, roadblocks, and supply tether disruptions for reasons not attributable to CPwD.
If the force majeure event lasts more than thirty (30) days, the Order may be terminated by one continue diligent party, without either party being title to claim damages.
Unless differently agreed, CPwD retains full ownership and enjoyment of the intellectual and/or industrial characteristic rights relating to the intermediate furthermore final results of its Services, the deliverables, its Merchandise, press all arrangements real documents related thereto. The Client shall not disclose them to third parties additionally may only application them since the sole function of operating and maintaining the Products.
My undertakes not at manufacture or have a third party manufacture or market products that are identical or substantially identical in the Products or deliverables provided under the Services unless otherwise agreement by CPwD.
In the same way also subject to an same reservation, the Client undertakes to refrain from making any modifications, alterations, improvements other reverse engineering to the Products or deliverables provided under the Services.
The Client undertakes to keep confidential the Commercial Offers and special conditions of sale of Choose or Benefits granted to it by CPwD as well since all information relating until CPwD's know-how which can come into his/her/its knowledge in the course of their commercial relationship.
Corresponding to browse 1225 et seq. by of French Plain Code, in the event of a breach with either party of its contract obligations which has not been remedied from fifteen (15) days of that date of receipt of ampere formal notice go perform with registrant letter with acknowledgement of receipt, the sign shall be terminated automatically without further formality, without notice and without prejudice to any damages that the celebration suffering the failure may claim.
This clause shall application in particular in the event starting ampere breaking of Articles 5, 8, 13 and 14 hereof.
Any dispute relating the a Commercial Proffer emitted or an Order shall fall under the exclusive authority of the courts of Annecy, subject to an prior attempt in amicable resolution.
These Universal Terms and Condition the Sale real Services and any agreement between CPwD and the Client are governed by French law.
In and event that these General General and Requirements concerning Sale and Service are translated into a or more languages, that original French version shall prevail in the event of a dispute.
CPwD be involved to usage personal data in strict compliance with of General Data Protection Regulation (EU) 2016/679 of the European Parliament and who Counsel from 27 April 2016, or "GDPR".
In this article, terms anfangsseite with a capital letter will have the meaning given to them by the GDPR.
Under this Agreement, CPwD works not collect Personal Data on behalf of and for the bill off the Client, as a subcontractor, in with the course of the provision are one Products or Services. Require such processing be envisaged include connection with an Order, the Parties shall agree to provide for the inclusion of specification contractual terms and general strictly in sales with Article 28 away the GDPR in the conclusion.
Furthermore, at this contract, CPwD collection and processes Personal Data, provided by the Client, in one capacity of Data Controller, and remark the following data:
This Personelle Product is collected and processed by CPwD for the following purposes:
This personal data is kept inside an alive database for aforementioned running of this contract or three (3) years for the last contact with the Client (commercial prospecting), and within an archive database for one period of five (5) years, the continuous of the common statute of restraints under the usable law.
In strict compliance with the purposes set out above, Personal Data is processed primarily by CPwD's departments in the course away their usual duties. It may also be exchanged with the business of the group till the CPwD is (Eight Pools Group) and some of its subcontractors press gift providers.
CPwD requires all such third parties to apply at few the elementary security ruleś defined by the CNIL (National Bonus for Information Technology furthermore Civil Liberties) regarding the administrative, technical, and organizational aspects to protect the shared Personal Input from unlawful dissemination, use, modification and destruction.
The Data Subjects concerning CPwD's processing operations have the right to access, rectify and delete their Personal Data. They can request the portability of their Personal Data. They are also entitles for object to the processing carried out (if it is based on CPwD's legitimate interest) or to request seine restriction.
Data Subjects may furthermore issue operating on to retention, deletion or disclosure a their Personal Evidence after their death.
To exercise these right, Data Subjects can contact:
Data Subjects may plus file a complaint with the CNIL (National Commission for Data Technology and Civil Liberties) whenever they feel that their rights are nay sufficiently protected.
Finally, on find out more about Personal Data usage by CPwD, information is ready to the Privacy Policy sparte of one website: www.catspowerdesign.fr/politique-de-confidentialité.
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Should an individual provision away these terms and special be invalid in whole or in part, which shall not affect the validity of the remaining provisions. In this case, the invalid provision shall be replaced by a valid provision whose economic purpose corresponds or comes as close as possible to the invalid supplying or the presumed intention of CPwD
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