GENERAL AND SCOPE:

General conditions of sale (CGV) described below detail the rights and obligations of the Bouches-du-Rhône departmental fire and rescue service (SDIS 13), and its client in the context of the sale of the following services: training actions, provision of ancillary services (Home, restoration, accommodation…), provision of staff, locals, infrastructure, machinery and equipment for a fee.

The fact of placing an order implies full and unreserved acceptance of the customer to these T & Cs. These prevail over any other special provision, or general purchase condition of the customer, except formal and written acceptance of the SDIS 13. The information given in the catalogs, brochures or other promotional descriptions are given for information only, the SDIS 13 may be required to modify them at any time and without notice.

CONTRACT DOCUMENTS :

For every request, SIDS 13 draws up a service proposal in duplicate. The order is deemed firm and final when the customer returns, by any means, the signed proposal (fax, electronic transmission, mail). For training actions, the proposal will include the title, the synthetic program, the duration, the date(s) of the service.

The customer must return par mail, a duly completed and signed copy, to the SDIS 13 training group: Departmental training center - Garanne roundabout – Place called La Bastide Neuve – 13880 VELAUX.

PRICE AND RULES:

All our prices are indicated in euros excluding taxes. The services are invoiced at the current rate and payable only in euros at 30 days end of month. The invoice will be attached to the receipt issued by the Public Treasury. Payment will be made net and without discount., according to the general conditions of service defined between the SDIS 13 and the customer. Any service started is due in full..

SETTLEMENT BY AN OPCO :

If the client wants the payment to be issued by the skills operator on which it depends. It belongs to him: to make a request for support before the start of the training and to ensure the successful completion of this request; to explicitly indicate this on their registration form or on their order form; to ensure the successful completion of the payment by the OPCO it has designated.

If the OPCO only partially covers the cost of the training, the remainder will be invoiced to the customer.

If the SDIS 13 has not received support from the OPCO at 1^is training day, the client will be charged the full cost of the training. In the event of non-payment by the OPCO, for any reason, the client will be liable for the full cost of the training and will be charged the corresponding amount.

LATE PENALTIES OR DEFAULT INTEREST:

Any amount not paid on the due date will give rise to the payment by the customer of late payment penalties.. A lump sum compensation of 40€ for recovery costs will also be payable by the customer in addition to the penalties.

If the client is a company subject to the Commercial Code, late penalties are calculated at the interest rate applied by the European Central Bank, to its most recent refinancing operation, increased by 10 percentage points. These penalties are due as of right, upon receipt of the notice informing the customer that they have been debited.

If the client is a public body subject to the public procurement code, he will have to pay default interest calculated according to the number of days late, and applied to the amount that suffers the delay. The default interest rate corresponds to the refinancing rate of the European Central Bank, in force at 1^is day of the semester during which default interest started to accrue, increased by 8 percentage points. Default interest and fixed compensation are payable without a reminder being necessary..

REFUSAL OF ORDER:

In the event that a customer places an order at SDIS 13, without having paid the (the) order(s) former(s), the SDIS 13 may refuse to honor the order and deliver the training courses concerned, without the customer being able to claim any compensation, for any reason.

TERMS OF REGISTRATION FOR TRAINING ACTIONS:

The registration for a training implies that the trainee has a level of knowledge allowing him to assimilate the program defined in the service proposal. All training requires the ability to write, understand and speak French.

ORGANIZATION OF TRAINING ACTIONS:

Each course is subject to a clear educational approach, transcribed on a training scenario available to the client. This document specifies in particular the objectives, the teaching methods and materials used. The SDIS 13 will send the beneficiary a certificate of end of training and, depending on the situation and regulatory requirements, a certificate of competence for each of its participants..

This end-of-training certificate or certificate presents the objectives set and developed by the educational engineering within the framework of the skills targeted. The training process must allow acquisition or understanding of the activities and skills required to ensure the referenced activities.

Participants will be able to keep the documentation that will be given to them during the course, it being understood that it is subject to the protection provided for by the law of March 11, 1957 on literary and artistic property.. It may not be reproduced without the express authorization of SDIS 13.

SDIS 13 reserves the right to postpone the training, to change the venue, the content of its program or the presenters, while respecting the same pedagogical quality of the initial internship if circumstances beyond his control require him to do so.

If the number of training participants is deemed insufficient for pedagogical reasons, the SDIS 13 reserves the right to cancel this training at the latest one week before the scheduled date.

SDIS 13 also reserves the right to cancel the training if circumstances « extraordinary» motivated by force majeure or the fact of a third party were to occur.

OBLIGATIONS OF TRAINEES:

Trainees must comply with the safety and operating rules of the SDIS 13 sites. Any failure to respect these rules will result in the exclusion of the trainee (s). In case of exclusion, the payment of the training price remains fully due to SDIS 13, and should be done on the agreed date. During the internship, the participants remain the employees of the client who remains responsible for their actions under article 1384 of the Civil Code for any damage they may cause during the internship.

CANCELLATION AND POSTPONEMENT OF ORDERS :

Regarding order cancellations, requests must be sent in writing to the SDIS 13 training group. The customer agrees to respect a minimum notice of 10 clear days. Failing that, the SDIS 13 reserves the right to charge a penalty of 50% of the cost of the service if the cancellation occurs between the 10^e and the 5^e previous day, and 100% if the cancellation request is received less than 5 clear days before the day of the service. For each order cancellation, the SDIS 13 can, if applicable, charge the customer compensation of 300€ to cover management costs.

RESPONSIBILITY – INDEMNITIES – ASSURANCES:

The customer - or as the case may be, the participant- undertakes to take out and maintain in anticipation and for the duration of the service civil liability insurance covering bodily injury, materials, intangible, direct and indirect likely to be caused by its actions or those of its employees.

The liability of SDIS 13 towards the customer is limited to compensation for direct damage proven by the latter. It is in any event limited to the amount paid by the customer for the service provided..

Never, SDIS 13 cannot be held liable for consequential damages such as loss of data, of files, operating loss, commercial harm, loss of profit or damage to image and reputation. In all cases, the liability of SDIS 13 is excluded in the event of force majeure.

For the trainings, the customer is responsible for verifying the medical fitness of his employees. He must ensure that the agents do not present any incompatibility with regard to the activities carried out during the training, in particular concerning the wearing of the self-contained breathing apparatus. Any difficulty or incompatibility must be reported.

The trainees are during the training on their working time, and benefit in all cases from the legislation on accidents at work for accidents suffered during it. This does not preclude the questioning of the civil liability of the SDIS 13 if the responsibility of the latter is engaged.

No property or personal effects should be brought during the training. The SDIS 13 would not be responsible in the event of theft, deterioration or loss of this type of property during training. The nature of hands-on activities may pose a risk to personal belongings (watches, eyeglasses…), trainees are informed. The damage suffered could only give rise to compensation insofar as the responsibility of the SDIS 13 would be engaged..

COMMUNICATION:

The customer expressly authorizes the SDIS 13 to mention his name, its logo and to mention as references the subscription to an order and any operation arising from its application in all of their commercial documents.

WAIVER:

The fact that SDIS 13 does not take advantage of any of the clauses herein, cannot be considered as a waiver of the right to invoke these same clauses later.

APPLICABLE LAW:

These T & Cs and all relationships between SDIS 13 and its customers are subject to French law.

DISPUTES :

In case of disagreement on the interpretation or execution of these GTC, the customer and the SDIS 13 will attempt to settle the dispute amicably. In the absence of an amicable agreement, they will submit the dispute to the Administrative Tribunal.

Any complaint can be sent by email to the site contact-gfor@sdis13.fr