GENERAL CONDITIONS OF PURCHASE 070622 en
1. PURPOSE - FORMATION OF THE CONTRACT
These General Terms and Conditions "GTC" govern the contracts for the purchase of Supplies and Services (hereinafter referred to as "Contract(s)")
between BAUMERT and its suppliers, service providers and subcontractors
(hereinafter referred to as "SUPPLIER(S)").
To the exclusion of any of the SUPPLIER's own general terms and conditions of sale which may appear in any document whatsoever, the Contract shall be formed by the documents listed below, which shall prevail over one another by order or precedence: 1/ BAUMERT's Order, 2/ the latest version of
BAUMERT's Specifications, if any, 3/ the plans, drawings and technical documents hereinafter referred to as "Technical Documents" drawn up or communicated by BAUMERT, 4/ the technical, commercial and administrative terms and conditions of the main contract between
BAUMERT and its own customer (hereinafter the "Customer") if it is referred to in the Order or Specifications, 5/ these GTC, 6/ all applicable standards which the SUPPLIER declares to be familiar with.
The SUPPLIER is invited to negotiate the CONTRACT with BAUMERT. The outcome of these discussions will be reflected in the conditions of the Order.
Under no circumstances may a technical or commercial deviation not agreed between the Parties and not mentioned in the Order be invoked against
BAUMERT even if this deviation is mentioned in the SUPPLIER's offer. The
SUPPLIER must acknowledge receipt of the Order within three working days of its receipt and confirm the delivery and intervention times, which must comply with the Contract. In any event, any start of performance of the
CONTRACT shall be deemed acceptance of the CONTRACT even if an acknowledgement of receipt has not been returned.
2. INDEPENDENCE OF THE PARTIES
Nothing in the Contract shall be interpreted as creating any kind of association between BAUMERT and SUPPLIER. The SUPPLIER's personnel assigned to the performance of the Contract shall in any event remain under the hierarchical and disciplinary authority of the SUPPLIER and cannot be considered as made available to BAUMERT. The SUPPLIER expressly declares that it is not in a situation of direct or indirect economic dependence on BAUMERT. The SUPPLIER undertakes not to interfere or attempt to interfere in the business relations that BAUMERT maintains with its customers, prospects or partners and shall refrain from any direct relationship with BAUMERT's Customer.
3. STANDING VIS-A-VIS THE TAX AND SOCIAL SECURITY
AUTHORITIES
The SUPPLIER shall keep up to date with its reporting obligations and the corresponding administrative, social security and tax regulations. It will ensure that only declared employees are employed and will apply the labour regulations in force. All its foreign employees subject to a work permit must be in compliance with labour regulations. The SUPPLIER shall provide all the documents referred to in Article D8222-5 of the French Labour Code under the conditions set out in that Article. Furthermore, the SUPPLIER is informed and expressly accepts that BAUMERT may, at its option, organise the collection and verification of the administrative documents concerned through the intermediary of a "Legal Certificate" third party company
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