GENERAL TERMS AND CONDITIONS OF SERVICE
Updated on : 26 octobre 2021
1. SUBJECT
The purpose of these General Terms and Conditions is to define the terms of performance and the legal framework of the services offered by SEREC. They alone govern its relations to the exclusion of all other general or specific conditions or any other contractual document of the Client or of any third party.
Unless prior written instructions to the contrary are given to SEREC by the Client, no other party is entitled to give instructions to SEREC, in particular with respect to the scope of the requested services and the Reports.
Only the present General Conditions drawn up in the French language are authentic and shall prevail, particularly in the event of contradiction, over any translation drawn up in another language.
2. DEFINITIONS
« SEREC » : refers to the company SEREC France, SAS registered in the Rouen Trade and Companies Register under number 789 927 381 and whose registered office is located at 17 quai Gustave Flaubert 76380 Canteleu, as well as all its subsidiaries, any subcontractors, managers, staff and any person to whom it has recourse in any capacity whatsoever.
“Client”: means the person giving instructions and/or the beneficiary of the services provided by SEREC.
“Data”: means the personal data, as defined in the applicable regulations, of the Client collected by SEREC.
“Report”: means reports and certificates issued by SEREC following its intervention.
“Third Party”: means any person outside the relationship between SEREC and the Client.
3. PERFORMANCE OF THE SERVICES
3.1 SEREC performs fumigation, pest management, anti-parasite treatments, disinfection or auditing of such treatments at the request of the Client. It is the responsibility of the Client to draw the attention of SEREC on any information in its knowledge and which could have an impact on the performance of such services, in particular in terms of safety for persons and property.
The Client is advised that the services performed by SEREC involve the use of hazardous substances which may be potentially harmful in case of contact with persons or pets and may damage certain furniture or surfaces.
3.2 The opportunity of the operations, their scope, extent and timing shall be determined by the Client, which, if necessary, is invited to question SEREC in writing as to the appropriateness of extending, postponing or amending the services ordered from SEREC.
3.3 SEREC undertakes to provide the Services with the care and skill that can reasonably be expected from it, and in accordance with the Client’s specific instructions or, in the absence of such instructions, any method that appears appropriate in light of technical, operational and/or financial constraints.
3.4 Any Reports issued by SEREC during or after its intervention only reflect the facts/findings observed or made at the time of its intervention and within the limits of SEREC’s intervention.
3.5 SEREC may delegate all or part of the Services to an agent or subcontractor, and the Client authorizes SEREC to disclose to the agent or subcontractor any information necessary for the performance of the Services, in compliance with applicable regulations.
3.6 In case of rat-disinfestation or disinsectisation, SEREC is not bound by the operations to be carried out following its intervention, such as the cleaning of possible residues or the removal of dead insect bodies, which are the responsibility of the Client.
4. CLIENT'S OBLIGATIONS
4.1 To ensure the safety of persons and property, the Client undertakes to:
(a) Inform SEREC of any element of which it is aware or which it suspects, or of any questioning, which may affect safety during the performance of the service and thereafter. For all operations involving the use of a gas or the release of a gas in a confined space, it is the responsibility of the Client to ensure that the space concerned is perfectly sealed, whether before, during or after the intervention of SEREC.
(b) In case of doubt, question or difficulty, the Client should immediately ask SEREC what to do.
(c) Ensure that all necessary arrangements are made for the safety and security of working conditions, sites and facilities during the performance of the services, and immediately thereafter.
(d) Specifically with regard to fumigation on board ships:
– The Client undertakes to inform SEREC of any watertightness issue in the holds and in particular of any potential communication between the castle and the hold(s), especially those to be treated. The Client undertakes to inform SEREC of any doubt it may have so that SEREC, which is not a marine expert, may, if necessary, carry out an ultrasound test to ensure the said watertightness.
– The Client undertakes that no one will enter the holds once the fumigation process has been initiated by SEREC.
– The Client is informed that the gas used may have disappeared from the surface of the cargo but be buried in the cargo. The recovery operations of the elements used by the fumigation shall only be carried out by professionals specially trained for such purpose and the Client undertakes not to unload the goods before a professional has expressly confirmed in writing that it is safe to do so.
– The Client undertakes, during the intervention of SEREC, to ask any questions which may appear useful to the Client regarding the conduct to be followed once the fumigation has been carried out and, in the event of the slightest difficulty or question, to consult the SEREC documentation and/or to contact the SEREC teams without delay.
– The Client undertakes to comply with all the instructions given by SEREC as to the conduct to be followed in the presence of a fumigated cargo (in particular as to the manner and frequency of controls or the conduct to be followed if it is found that the gas used for fumigation has penetrated into the castle).
4.2 To ensure the proper performance of the services, the Client undertakes to:
(a) ensure that the necessary information, instructions and documents are provided in a timely manner and communicated to all relevant persons
(b) obtain access for SEREC’s representatives to the premises where the services are to be performed, and take all necessary steps to remove or remedy any obstacle or interruption in the performance of the services
(c) comply with the indications/instructions of SEREC regarding the follow-up of its intervention.
(d) inform its personnel and any Third Party of the intervention of SEREC. It shall ensure that they will comply with the indications/instructions of SEREC.
5. RIGHT OF WITHDRAWAL, PRICE AND PAYMENT
5.1 Only Clients who are consumers benefit from article L.221-18 of the French Consumer Code, under which, in the case of a contract concluded remotely, they have the right to withdraw from the contract within 14 days of acceptance of the quote/order.
5.2 The price of SEREC’s services is the price mentioned in the accepted quotation. If no quotation is accepted, the price of SEREC’s services shall be the standard price applied by SEREC at the date of the order.
5.3 Invoices are payable within twenty calendar days of their issuance. In the absence of payment on this date, contractual interest of five times the legal interest rate will automatically be due as well as a fixed recovery penalty of 50 euros.
5.4 Unilateral offsetting is strictly prohibited.
5.5 In the event of non-payment and/or late payment by the Client, the costs of collection, including lawyers’ fees and all ancillary costs, shall be borne exclusively by the Client.
5.6 In the event of any unforeseen problems or costs arising during the performance of the Services, SEREC shall use its best efforts to promptly inform the Client and may charge the Client for the time and costs required to complete the Services if such additional costs are not due to its fault.
5.7 If SEREC is unable to perform all or part of the Services for any reason beyond its control, including the Client’s failure to perform any of its obligations, SEREC may demand payment:
– of the amount of any non-reimbursable expenses incurred by SEREC;
– and the portion of the price corresponding to the part of the service actually performed.
6. SUSPENSION OR TERMINATION OF SERVICES
SEREC has the right to immediately suspend or terminate its services, without any liability, in the following cases:
(a) endangerment of the Client and its employees and/or any Third Party,
(b) breach by the Client of any of its obligations without such breach having been remedied within ten (10) days after notice thereof by SEREC to the Client;
(c) any suspension of payment, arrangement with creditors, insolvency, winding up or termination of activities of the Client.
(d) force majeure, i.e. any unexpected event that makes the performance of its services by SEREC impossible or significantly more costly. Covid-19 and related diseases, or any containment measure, are force majeure events.
7. LIABILITY AND INDEMNIFICATION
7.1 SEREC is bound by an obligation of diligence with respect to the services entrusted to it, within the limits of the accessible spaces. SEREC does not guarantee the result of its services, in particular the destruction of all pests after the treatment.
The audits prepared by SEREC are based on information, documents and/or samples provided by or on behalf of the Client, and for the sole benefit of the Client, which alone decides how to use the Reports. SEREC shall not be liable to the Client or to Third Parties for claims initiated or not on the basis of such reports or for incorrect results resulting from unclear, erroneous, incomplete, ambiguous or false information provided to SEREC.
SEREC shall not be liable for any delay, total or partial non-performance of the Services, caused directly or indirectly by an event beyond its control and/or irresistible circumstances making it much more expensive for SEREC to perform the Services, including the Client’s failure to comply with any of its obligations.
7.2 In the event of a breach of its obligations, SEREC shall only be liable for compensation of the direct material damage foreseeable at the time of the signature of the contract, to the exclusion of any other damage.
7.3 SEREC’s liability is limited to an amount equivalent to ten (10) times the fees paid for the single service which is the subject of the claim with a maximum and global limit of 20.000 €.
7.4 The Client must notify any claim in writing within thirty (30) days of the finding of the facts/negligences on which the claim is based, otherwise its claim will be time barred. Furthermore, any action between the Parties shall be barred within one year from:
the date of completion of the only service giving rise to the Client’s claim; or
the date on which the said service should have been performed or fully performed, in the case of alleged non-performance;
if several services form the basis of a claim, the date of performance of the last service (even if unfinished).
7.5 The Client warrants and undertakes to indemnify SEREC for any damage suffered from a claim started by a Third Party for any loss, damage or expense of any kind, including legal fees and related costs, howsoever arising, resulting from the performance, alleged performance or alleged non-performance of the Services.
7.6 SEREC is insured for civil liability by GENERALI under contract number AD 854 077.
8. PROTECTION OF PERSONAL DATA
The Client is hereby informed that in order to provide the Services, SEREC collects and processes the Client’s Data. The Data are collected only for the purpose of enabling SEREC to perform the services entrusted to it, to ensure their follow-up and the management of its client file. This Data is kept for a period which does not exceed the purposes for which it was collected. It is used by SEREC and, if necessary, its subcontractors.
The collection and processing of Data is carried out in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 and the applicable national transposition regulations, including, in France, Law No. 78-17 of 6 January 1978 on information technology, files and freedoms, as amended (hereinafter, in a global manner, the “Regulations”).
In accordance with the Regulations, the Client has a right of access, rectification, deletion, limitation, portability and opposition to its Data that it may exercise in compliance with the Regulations by contacting SEREC either by post at the following address: 17 quai Gustave Flaubert 76380 Canteleu, or by email at the following address exe@serecfrance.com. The Client is also informed that he/she has the right to file a complaint with the competent supervisory authority if he/she believes that his/her rights have not been respected (CNIL – Commission Nationale de l’Informatique et des Libertés).
For security reasons and to avoid any fraudulent request, any request must mention the origin of the collection of Data and the Client is invited to bring any proof of his identity.
9. MISCELLANEOUS
(b) During the performance of the Services and for a period of one (1) year from the end of the performance, the Client undertakes not to, directly or indirectly, encourage employees of SEREC to leave SEREC or make an offer of employment to them.
(c) The use of the company name or trademarks of SEREC for advertising purposes is prohibited, unless SEREC has given its prior written consent.
10. APPLICABLE LAW, JURISDICTION AND DISPUTE RESOLUTION
In the event of a dispute that cannot be resolved amicably, the Courts of the registered office of SEREC shall have exclusive jurisdiction.
The Client which is a consumer is reminded that it has the right to refer to the Consumer Mediator of SEREC.