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Terms and Conditions of Services

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1. OFFER

  • 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 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. AIMPLAS will be exempt from any responsibility for reasons of force majeure or abnormal or unforeseeable events beyond the control of AIMPLAS as: problems of shortage of raw materials, equipments and/or materials. If it is necessary to extend the duration initially estimated, the parties must agree in writing the new deadlines.
  • 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.

3. SAMPLES

  • 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.

4. RESULTS

  • 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 should 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 protected].

5. CONFIDENTIALITY

  • The data and reports obtained during drawing up and services execution, as well as the results generated, shall remain confidential. If one of the parties wants to use the results, in part or in their entirety, for publication as an article, conference, etc., it must request the consent of the other party in writing, by addressing a registered letter to the other party.

The other party must respond within a maximum period of thirty (30) calendar days, giving its authorisation, objections or disagreement with the information contained in the article or conference, etc. If this period expires without the other party replying, tacit authorisation for its dissemination will be understood.

  • In order to safeguard the information as much as possible, the reports or certificates generated during the service lifetime will be issued exclusively to the contact name that appears on the acceptance of the proposal. If the company wishes the reports or certificates to be forwarded to other staff, this must be expressly stated in writing.
  • The parties undertake to extend the confidentiality to the staff within their organisation who are involved in the service.
  • AIMPLAS hereby informs the company that all its employees sign an individual confidentiality agreement when they are hired.
  • the parties undertake not disclosure, under any circumstances, any scientific or technical information (regardless of its format) belonging to the other party to which it may have had access during the service covered by this Contract.
  • The confidentiality obligation hereinabove mentioned shall not apply if:
    • The information was already known by the Party receiving the information prior to the starting of their cooperation, as long as there is evidence of such knowledge.o The received information is in the public domain or comes into the public domain through means different to an infringement of the confidentiality obligation stated in section above.
    • The Party receiving the information obtains the prior consent in writing for its disclosure by the Party disclosing the information.
    • The Party has received the information legally from a third party.
    • As a result of an official administrative (Government) or court order.
  • AIMPLAS undertakes to protect the confidentiality of the Company in cases where it is not strictly necessary to mention its identity. Should this be necessary, it shall notify the company before revealing its identity, and shall be authorised to do so if it does not receive a response to the contrary within thirty (30) days of notification.
  • This clause does not contravene any confidentiality contract which may have been signed by the parties prior to the signing of this Contract (e.g. previous confidentiality and non-disclosure agreements).
  • The Company authorises AIMPLAS to name this service in any publications required to assess the scientific capacity of individuals or institutions, such as annual reports, RD&I statistics, technological innovation, and official databases.

6. PROVISIONAL SUSPENSION AND CONTRACT CANCELLATION

  • It is recognized the right of the Parties to suspend the execution of the works temporarily, as long as there is a mutual agreement regarding the suspension period.
  •  Notwithstanding the right of termination provided for in current legislation, AIMPLAS reserves the right to suspend the execution of the tasks covered by the Contract in any circumstances which can be attributed to the Company and which delays the payment of any of the agreed amounts by more than thirty (30) days. This suspension, which must be communicated by AIMPLAS to the Company (by registered letter), will be lifted once the circumstances that gave the rise to it have been resolved.
  • This contract may be rescinded in the cases established by law and, additionally, in the following cases:

a) By mutual agreement of the Parties formalized by writing.
b) For substantial breach by any of the Parties of any of the obligations established in the contract. In this case, the compliant and aggrieved Party shall reliably request the Party in breach to proceed to amend the breach within a maximum term of thirty (30) days from the date of the notification. Once this term has expired without the appropriate rectification, the aggrieved Party may conclude the present contract completely.
c) Due to the expiration of the suspension period agreed by the Parties, in accordance with the duration or delivery period, in which case either of the Parties may resolve it automatically, with prior written notice and in a reliable manner.
d) For cases beyond the Parties’ control. If for this reason either of the Parties should be forced to cancel this contract, it shall inform the other Party in a reliable manner.

7. LIABILITY

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.

8. APPLICABLE LAW AND JURISDICTION

  • This Agreement has private nature and is subject to Spanish law.
  •  In case of any conflict or contradiction between these Terms and Conditions and any other applicable terms and conditions, these AIMPLAS Terms and Conditions shall prevail.
  • The Parties agree to submit any dispute, difference or claim relating to this contract and any of its amendments, including in particular, its formation, validity, enforceability, interpretation, execution, breach or resolution, as well as non-contractual claims, to judicial proceedings at the Courts of the city of Valencia (Spain) having jurisdiction.

9. DATA PROTECTION

In compliance with the Regulation (EU) 2016/679 of the European Parliament on the protection of natural persons with regard to the processing of personal data (GDPR) and the Spanish Organic Law on the Protection of Personal Data and Guarantee of Digital Rights 3/2018 (LOPD-GDD), the parties inform each other that the personal data of the signatories and of the people who work for each of the parties, will be subject to treatment with the sole purpose of complying with the contractual relationship, maintaining the relationship derived from it and attending to the possible responsibilities derived from said treatment. The legitimacy of this treatment is based on Article 6. 1 b) of the GDPR, by which it is required for the execution of this contract.
Likewise, the data will be kept as long as the relationship between the parties is maintained and for as long as required by the laws to which the parties are subject. The data processed will not be transferred to third parties except in those cases in which it is essential for the execution of the contract (e.g. service providers needed) and for compliance with legal obligations (e.g. public administrations, financial institutions, among others).

At any time, the parties can contact each other to know what personal data is being processed, rectify them if they are incorrect and delete them once the relationship is over. There is also the right to request the limitation of the treatment, you can oppose such treatment, even the transfer of the information to another entity (portability). To request any of these rights, it is agreed between the parties, to make a written request along with a photocopy of the ID/passport of the person who wants to exercise them, to the postal addresses included in the heading of this document.
The parties may transfer to the Data Protection Officer (DPO) appointed by each of the parties, their doubts, complaints or recommendations about the processing of their personal data:

More information on data protection by AIMPLAS at: https://www.aimplas.net/privacy-policy/

If any of the parties understands that any of these rights have been neglected, a claim may be made to the Agencia Española de Protección de Datos; C/ Jorge Juan, 6, 28001 Madrid (Spain) or in www.aepd.es.
The parties undertake to comply with the current European Union GDPR and the Spanish Organic Law 3/2018 (LOPD-GDD).

10. ETHICS

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.