CTAG-IDIADA general terms and conditions

Conditions valid for offers issued from 1st May 2022.
  1. All service contracts signed with CTAG-IDIADA shall be governed by their specific conditions and, additionally, by these general conditions, which shall apply in so far as they do not contradict the specific conditions.
  2. A client’s acceptance of an offer is understood to be a firm order and a contractual commitment between the parties.
  3. The quoted or contracted amounts are net amounts, and do not include VAT or any taxes applicable in the client’s country; these shall be added to the invoice according to the regulations in force.
  4. Invoices shall be issued upon termination of the work or following achievement of the stages stipulated in each case. The fact that requirements such as the indication of an order number, acknowledgement of delivery notes, etc., which are the responsibility of the client, have not been fulfilled shall not preclude the right of CTAG-IDIADA to issue invoices for work contracted and performed.
  5. Payment deadline is set out in the specific terms of the offer, contract or agreement, counting from the date of completion of work or according to the stages previously agreed upon. Prices are provided based on this principle. In any case, these conditions will be within the regulations of the Spanish Law 3 / 2004 of December 29th, which introduces measures against late payment in commercial transactions, amended by Law 15/2010, dated July 5th.
  6. CTAG-IDIADA might request to the Client an advance payment or payment at the beginning of the work when necessary for reasons of materials supply, guarantee or any other reason.
  7. Unpaid invoices within the agreed period, whenever the reason of the failure to pay is not imputable to CTAG-IDIADA, will entail a compensation equivalent to the maximum limits established in Law 3 / 2004, dated December 29th, which introduces measures against late payment in commercial transactions, amended by Law 15/2010 of July 5th.
  8. Spare parts and other consumables not foreseen in the offer and which are supplied upon the client’s request shall be invoiced at market price, plus 12% to cover financial and administration costs.
  9. Transport and accommodation costs that are incurred to meet a client’s request shall be invoiced at cost price, plus 12% to cover financial and administration costs. Journeys made using company vehicles shall be invoiced at the tariff per kilometre in force. Human resources involved in journeys shall also be invoiced in accordance with the corresponding tariffs. When appropriate, the client shall be duly informed about all these tariffs.
  10. All equipment, materials or vehicles belonging to the client must be delivered to CTAG-IDIADA with transport charges, customs duties and taxes paid and complying with international regulations for the interpretation of trading terms established in the Incoterm Delivery Duty Paid (Incoterm DDP), in accordance with the definitions of the standard rules of trade published by the International Chamber of Commerce. If, as a result of the non-fulfilment of this condition, CTAG-IDIADA incurs expenses which were not foreseen in the offer, these shall be invoiced at their cost price, plus 12% to cover financial and administration costs.
  11. Any modifications to the scope of the contracted services, performance time, prices, payment terms or other conditions agreed upon shall be stipulated in an appendix to the contract and signed by persons authorised to represent both parties.
  12. Should the client wish to terminate a signed service contract unilaterally, the client shall pay for services rendered until the date of termination and also any demonstrable additional expenses that CTAG-IDIADA has incurred as a result of the client’s order.
  13. All goods deposited in CTAG-IDIADA premises shall be subject to the standard measures of confidentiality in force, about which the client shall be duly informed upon request. If the client wishes additional confidentiality measures to be taken, notice must be given in advance, in which case the measures agreed upon shall be expressly stipulated in the service contract.
  14. Individuals who have to enter CTAG-IDIADA premises must have previously signed the document in force concerning the commitment to secrecy, and must obey the rules of confidentiality stipulated in the said document.
  15. Any property left in CTAG-IDIADA shall be the responsibility of the client, unless otherwise specified in the special conditions stated in each contract. If this clause is inapplicable, CTAG-IDIADA shall respond up to the limit of the general insurance cover contracted. If the client wishes special cover to be contracted, notice must be given in advance, in which case the agreed terms shall be expressly stipulated in the service contract.
  16. The customer will notify in advance to CTAG-IDIADA the value of the property subject to testing or that must stay, for any reason, under CTAG-IDIADA’s responsibility, provided that their value exceeds fifty thousand euro, or even if their value is below that figure, whenever it exceeds the value that could be assessed at first sight, should the property have any hidden value. In that case, the value of the property shall be stated in the service contract and may increase the price quoted for such a service, to cover a higher risk. Otherwise, CTAG-IDIADA’s responsibility concerning the damage caused to the properties under its care will be doubly limited, on one hand by the value of the property at first sight and, on the other hand by the amount fixed on CTAG-IDIADA’s insurance policy. The limit related to the evident value of the property estimated at first sight will particularly apply to prototype vehicles, whose value will be considered the same as the conventional units on the market. However, property undergoing destructive testing will not be subject to any indemnification for the damages caused due to testing failure, provided the testing has been developed according to the compulsory regulations and, should it be the case, according to the specifications agreed with the customer for each test. In these cases the client gives up claiming expressly damages and prejudices for the properties that have been damaged or destroyed by mistake during the test.
  17. Reports issued to the client are for the client’s own use and are not to be disseminated. If the information they contain is to be included in articles, publicity, reports etc., the prior express authorisation of CTAG-IDIADA shall be required if it can be identified as the originator of the aforementioned information.
  18. It is the responsibility of the client that samples, plans, technical documentation, patents, models or any documentation brought to CTAG-IDIADA for the realisation of the tests, experiments or studies are his property or in his possession as legal title holder, according to the legality in force.
  19. In the case of testing services, the work offered shall refer exclusively to the work itself and the issue of a report detailing the conditions in which it was carried out and the corresponding results, with no comments. Except in those works in which the test method states it this way, at the request of the Client, CTAG-IDIADA may make assessments on the results of the tests carried out, but considering them always independent from the test process, and they may have their own estimate within this offer. If it were necessary to carry out at CTAG-IDIADA previous or subsequent work that was not stipulated in the original contract, it would be subject to a new offer. If, as a result of the work, the repetition of all or part of it was necessary, such work would be subject to a new offer. CTAG-IDIADA shall not be responsible for the deterioration of the goods supplied by the Client in connection with the completion of the planned test.
  20. The Client shall be responsible for the delivery of its test samples or other assets, their corresponding transport and packaging materials (containers, baskets, pallets, etc.), and their subsequent removal from CTAG-IDIADA. Unless otherwise previously agreed or stated in writing by the Client, the materials necessary for the transport of the merchandise shall be destroyed upon unpacking. The client will remove the tested goods within a period not longer than a week after the completion of the work contracted. After this deadline, CTAG-IDIADA understands that the client renounces to remove these goods and may order their destruction. Any other condition that the Client determines regarding the treatment or return of the test goods and samples must be previously stated and, in this case, the agreed measures shall be expressly stated in this contract for the provision of services.
  21. All disagreements arising in connection with the present contract shall be finally settled under the Rules of Conciliation and Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules. Should cases of disagreement arise for which arbitration is not legally applicable, the parties shall submit themselves to the jurisdiction of the Courts of Vigo (Pontevedra, Spain) and shall renounce the jurisdiction that may have applied to them.