Terms and Conditions of Services
- This offer is valid for 30 days from the date of issue.
- For the provision of the required services, the confirmation of the acceptance in writing of the fully completed offer is required, as well as the purchase order, if applicable.
- Deadlines for tests could be confirmed to the customer at acceptance of the budget and reception of samples.
- The quotation has been calculated on the assumption of service execution under normal conditions. The client may inform AIMPLAS of any modification of the conditions or repetitions, which may involve price changes.
- To offer a full service to the customer, the quote may include tests or assays performed in collaborating laboratories or research centers. – The acceptance of this offer commits AIMPLAS to carry out confidential treatment of all the information obtained or created during the execution of the works. The information that the client makes available to the public or that agreed between the client and AIMPLAS by mutual agreement will be considered non-confidential. Only upon judicial request AIMPLAS may disclose information and this information will be timely notified to the client. – The tests included in the offer are carried out in accordance with the current edition of the test standards mentioned on the date of issuance of this offer, unless explicity stated other edition.
2. PROVISION OF SERVICES
- AIMPLAS and the Client commit themselves to comply with the regulations on the labour risk prevention. Therefore, in the event of concurrence of workers belonging to both entities to carry out joint activities in any of the work centres, the provisions of Spanish legislation (Real Decreto 171/2004) regarding the Coordination of Business Activities (CAE) will be applied.
- AIMPLAS will inform the customer of any circumstance that may delay or prevent the correct performance of the quoted services.
- In case of additional difficulties during the execution of test services that may affect the price, the customer will be informed and pertinent modifications in the quote will be made.
- If the customer wishes to cancel the offered services once they are totally or partially executed, AIMPLAS will estimate the costs of the executed services and the corresponding invoice will be submitted to the customer.
- If, due to circumstances of force majeure, subcontracting of tests included in the scope of accreditation of AIMPLAS would be necessary, the customer will be informed and asked to give its consent.
- The samples will be accepted by AIMPLAS only if they are duly identified.
- AIMPLAS will not assume any liability derived from the obtention of anomalous results in case the sample had been considered unsuitable for the tests and the customer had been previously notified.
- The shipping and insurance costs derived from the service shall be borne by the client. AIMPLAS will not assume any liability for damage or deterioration incurred during transport.
- Should the customer wish the samples to be returned once tests are finished, shipping costs shall be borne by the customer.
- The tested materials or samples will be stored in AIMPLAS for one month after Report or Certificate issuance, at which time they will be destroyed. Therefore, any request regarding tested materials or samples should be made within this period.
- The Report or Certificate will be issued in the name of the applicant contained in the offer acceptance. If the name must be different, the client will indicate in writing the personal details that shall appear on the Report or Certificate.
- The Report or Certificate will be sent to the applicant by email and without any encryption system to protect the confidentiality of the data. Therefore, any additional measure in this regard shall be requested.
- The results of the service will not be delivered in case of unpaid invoices issued by AIMPLAS, whether within the scope of this work or any other service, technical assessment, etc.
- AIMPLAS will be liable for all the information in the Report or Certificate, except for the information previously provided by the customer which may affect the validity of the results.
- The test Reports or Certificates are not an expert opinion to be used before a judicial body and therefore they may not be used as such before a court of law.
- When the Reports or Certificates are requested for use in judicial proceedings, AIMPLAS will participate preferably by videoconference. In case this would not be possible, the costs of travel expenses, subsistence allowance or other additional costs that may be generated during the service, will be borne by the client. AIMPLAS will previously prepare a quotation that will be sent to the client for his knowledge and approval.
- Use of AIMPLAS brand: in the event that the CLIENT intends to use the name and/or logo of AIMPLAS for advertising or commercial purposes to indicate the collaboration established in the present CONTRACT, it must be previously authorised by AIMPLAS, by contacting email@example.com.
Last update date: 23rd June 2023
5. CONTRACT CANCELLATION
Regardless of the resolutory power provided for in the legislation in force, AIMPLAS reserves the right to suspend the execution of the works object of the Contract in any circumstance that, caused by the CUSTOMER, delays the charging of any of the agreed payments, in a period exceeding thirty (30) days.
Limitation of liability. The customer disclaims any liability to any member of AIMPLAS, therefore, regarding the services provided, may only bring claims against AIMPLAS.
Actual Damage – Any liability that may be incurred regarding the services provided shall be limited to that part of the actual damage that has been exclusively and directly caused by AIMPLAS. Anyway, the parties agree to restrict the economic liability to the amount specify in this Agreement and restricted to that part of the actual damage that has been only and directly caused by AIMPLAS.
Specific losses. AIMPLAS, neither its employees, shall be responsible for loss of system data, loss of profits, loss of business opportunities, loss of estimated savings or profits, or indirect losses of the customer, as a consequence of the execution of this contract.
In case the Customer delivers materials, designs or any element susceptible of protection under an intellectual and/or industrial property title, the Customer shall be responsible for obtaining all authorizations or licenses required to be able to use them for which they have been delivered to AIMPLAS.
AIMPLAS will only grant the warranties that have been expressly agreed in writing and for the duration of the service excluding any implied warranty. AIMPLAS makes no warranties of any kind in relation to the newness of the development or the absence of violation of third party rights, assuming no liability to third parties or to the Customer in relation to any damage or injury caused by the use that the Customer makes of the development object of this contract, including but not limited to any dispute arising from the manufacture and / or marketing of the result.
7. APPLICABLE LAW AND JURISDICTION
The contractual relationship between the contracting parties shall be subject exclusively to Spanish law. The Parties agree to submit the resolution of disputes arising from the relationship between the customer and AIMPLAS to the Courts and Tribunals of Valencia (Spain).
8. DATA PROTECTION AND CONFIDENTIALITY
The data and reports obtained during the preparation and performance of this service, as well as the final RESULT, will be kept confidential. The parties undertake to extend this confidentiality commitment to those persons within their organization who are involved in the service. AIMPLAS wishes to inform the CLIENT that all its employees have signed, at the time of hiring, an individual confidentiality document.
In accordance with the General Data Protection Regulation EU 679/2016 (GDPR) and the Organic Law on Personal Data Protection and Guarantee of Digital Rights 3/2018 (LOPD-GDD), the parties inform each other that the personal data of the signatories and of the persons working for each of the parties, will be processed for the exclusive purpose of fulfilling the contractual relationship, maintaining the relationship resulting from this and addressing the possible liabilities arising from such processing. Likewise, the data will be kept as long as the contractual relationship between the parties is maintained and for the time required by the laws to which the parties are subject. The data processed will not be transferred to third parties except in those cases where it is essential for the execution of the contract and for the fulfillment of legal requirements.
The Customer may exercise the rights of access, cancellation, rectification or opposition provided by law, by sending an e-mail to firstname.lastname@example.org.
More information about data protection by AIMPLAS at: https://www.aimplas.es/politica-privacidad/. If either party believes that any of these rights have been disregarded, a complaint may be filed with the Spanish Data Protection Agency; C/ Jorge Juan, 6, 28001 Madrid or at www.aepd.es.
9. ETHICS AND INTEGRITY
AIMPLAS establishes a scrupulous monitoring of ethical conduct and corporate governance in its relationship with all its stakeholders. It provides its services in accordance with current legislation, respecting in any case the internal policies as well as the principles established in national and international protocols. AIMPLAS requires the same level of respect and enforcement of these rules to all those individuals or legal entities that sign AIMPLAS contracts. Any violation of these guidelines will be considered as a cause of automatic cancellation of the contract.