general conditions of purchase
Applicable to supply and service contracts established on May 1st, 2021
CGA APPLICABLE TO LOW-VALUE, LOW-VALUE MDP-ADAPTED CONTRACTS AWARDED BY PURCHASE ORDERS
Article 1 - Scope of application of these conditions
The purpose of these general conditions of purchase (hereinafter referred to as the "GPC") is to define the framework of the contractual relations between La Monnaie de Paris and the contract holder and are applicable to public contract awarded according to an adapted procedure by purchase order issued by La Monnaie de Paris.
Acceptance of the order by the holder automatically implies acceptance of the GPC.
For the purposes of these general conditions of purchase:
- "The Holder" means the co-contractor of La Monnaie de Paris,
- The Contract" means the administrative contract between the Holder and La Monnaie de Paris. The constituent documents of the contract in order of priority are the Purchase Order, the CCAG-FCS and the supplier's offer.
- the "Purchase Order" means the document sent by the purchaser to a supplier to materialise the order detailing the supplies and/or services ordered and all the conditions useful for the proper execution thereof.
- the "CCAG FCS" refers to the general administrative clauses for current supplies and services approved by the Order of 19 January 2009.
Unless expressly waived in the GPC, the provisions of the CCAG-FCS are applicable to the Purchase Order.
By derogation to article 39 of the CCAG-FCS, La Monnaie de Paris will not indicate the summary list of the articles of the CCAG-FCS from which derogations will be made.
The GPC shall prevail over any general conditions of sale of the Contractor.
The supplies and/or services shall be carried out in accordance with the specifications mentioned in the Purchase Order.
Article 2 - Acceptance of the Order
By derogation from Article 4.2 of the CCAG-FCS, when the contract takes the form of a simple purchase order, its notification consists of sending the Contractor a copy of the purchase order and its annexes, including these GPC.Any reservation by the Holder in relation to this order must be sent by post or e-mail to La Monnaie de Paris within a maximum of 3 working days of its receipt.
In the event that a reservation is made, La Monnaie de Paris has 3 working days to accept or refuse it. In the event of refusal or silence and if no agreement is reached, the Purchase Order is cancelled.After the 3 working days period for the issue of reservations, the Holder will be deemed to have accepted the order under the terms and conditions herein.
For the purposes of the performance of the services, the Holder is invited to contact, in the first instance, the person whose contact details appear on the Purchase Order.
Article 3 - Purpose, content, technical specifications
The subject of the contract, its content and its technical specifications are mentioned in the Purchase Order issued by La Monnaie de Paris or in its annexes.
For supply contracts, the Holder is subject to an obligation of result concerning the execution of the services in accordance with its contractual commitments.
Article 4 - Technical documentation
The Contractor undertakes to provide on delivery all (updated) documentation enabling the maintenance and correct operation of the equipment. This documentation is written in French and is supplied at no extra cost.
Article 5 - Place and time of performance
The place and time of performance of the services are indicated on the Purchase Order or, failing that, on the documents attached to it.
The starting point of the time limit for the performance of the services is the receipt of the order by the Contractor.
In the context of the provisions of article 13.3.3 of the CCAG-FCS, when the Holder requests an extension of the time for performance of the services, if the Paris Mint does not notify its decision within 10 days of the date of receipt of the Holder's request, the request for an extension is deemed to have been rejected, except in the cases provided for in the second and third paragraphs of article 13.3.3 of the CCAG-FCS.
The extension cannot be refused when the cause of the delay is due to La Monnaie de Paris or to a case of force majeure.
Article 6 - Penalties
Notwithstanding the provisions of article 14.1 of the CCAG-FCS, in the event of failure to comply with the deadlines, the Contractor shall incur a penalty calculated according to the following formula: P = (V x R) / 100, where:
P = the amount of the penalty ;
V = the value of the services on which the penalty is calculated, this value being equal to the amount, excluding VAT, of the part of the services that is late, or of the whole of the services if the delay in the execution of a part makes the whole unusable;
R = the number of calendar days of delay.
In any event, P may not exceed V.
Article 7 - Verification of deliveries
Verifications shall be carried out in accordance with the CCAG FCS unless otherwise stipulated in the Purchase Order.
Article 8 - Responsibility
It is expressly agreed that the Contractor acts hereunder as an independent contractor without representation, and that any order does not create any relationship of subordination between
La Monnaie de Paris and the Titleholder or the Titleholder's personnel. All of the Holder's personnel assigned in whole or in part to the execution of the services covered by the order shall remain under the hierarchical and disciplinary authority of the Holder in all circumstances.
Article 9 - Social and Environmental Responsibility
9.1 Protection of the environment
The Titleholder shall ensure that the services he provides comply with the legislative and regulatory requirements in force, in terms of the environment, the health and safety of people and the preservation of the neighborhood. It must be able to justify this, during the performance of the contract, and during the guarantee period of the services, on simple request from La Monnaie de Paris representative.
9.2 Waste management
The Holder, as holder of the waste, is responsible for the recovery or elimination of the waste created during the performance of the service.
The Holder will carry out a selective sorting of the waste and will have to ensure their transport as a priority to recycling or incineration channels or to an approved reprocessing centre. Among other things, it undertakes to take back all the packaging of the materials delivered, in order to eliminate, recycle or reuse the latter.
9.3 Ethical commitment and social responsibility
The Parties declare that they are aware of and comply with the ethical and commercial compliance principles.
La Monnaie de Paris asks the Holder to commit to respecting the regulations on :
- Fundamental human rights, in particular the prohibition of the use of child labour and any other form of forced or compulsory labour;
- Non-discrimination in recruitment and employment, in particular with regard to remuneration, social benefits, professional promotion on the grounds of social or ethnic origin, sex, sexual orientation, gender identity, age, family status, race, religious beliefs, nationality, political opinion or disability;
- Their workplaces, in particular with regard to health and safety for staff and third parties;
Article 10 - Price
The amount of the order is firm and fixed. It includes all the charges and constraints linked to the execution of the services, including transport.
Article 11 - Invoicing and payment terms
The overall payment period for services is a maximum of 30 days from the date of receipt of the invoice or from the date of completion of the services when this is later than the date of receipt of the invoice. Payment for services shall be made in one instalment after certification of the service rendered.
Invoices are sent via the Chorus Pro portal: https://chorus-pro.gouv.fr.
Any invoice submitted by any other means, apart from the exceptions below, will not be processed by La Monnaie de Paris.
To this end, dematerialised invoices sent to La Monnaie de Paris must include the following information
- the SIRET number, which will identify La Monnaie de Paris as the recipient of the invoice: 160 020 012 00011 ;
- the commitment number corresponding to the order number for the service they are invoicing (or the contract number).
In addition to the compulsory information, the invoices must also include the order number and the bank details to which the transfer should be made.
Article 12 - Confidentiality
The parties who, during the execution of the Purchase Order, become aware of information or receive communication of documents or elements of any kind, indicated as being of a confidential nature and relating, in particular, to the means to be implemented for its execution, to the operation of the services of the Holder or of La Monnaie de Paris, are obliged to take all necessary measures to avoid that this information, documents or elements are disclosed to a third party who does not need to know them.
A party may not request the confidentiality of information, documents or elements that it has itself made public.
This clause is applicable for a period of 5 years from the date of dispatch of the Purchase Order to the Titleholder.
Article 13 - Processing of personal data
The employees of the Holder are informed that the data collected by La Monnaie de Paris, under this contract, are subject to computer processing intended to ensure, in particular, the follow-up of contractual relations with the Holder and the execution by La Monnaie de Paris of its legal and regulatory obligations under national and Community law.
The recipients of the data are La Monnaie de Paris personnel, in particular the order-giving department and the financial department. The data is kept for a period equal to that of the contractual relationship, unless otherwise provided for by law. La Monnaie de Paris takes all necessary precautions to preserve the security of the data and prevent it from being communicated to unauthorized persons.
In accordance with the legal and regulatory provisions in force concerning personal data, the Holder's employees have a right of access, rectification, opposition to processing, portability, limitation and deletion of data concerning them. Persons concerned by data processing by La Monnaie de Paris also have the right to give instructions concerning the fate of their personal data after their death.
These rights can be exercised by sending a request by e-mail or post to the following address
Monnaie de Paris
Data Protection Officer
11 quai de Conti
75270 Paris Cedex 06
Or by email to the following address: firstname.lastname@example.org
In the event of dissatisfaction with his or her requests relating to the processing of personal data, any person has the right to lodge a complaint with the competent control authority.
Article 14 – Force majeure and health context
14-1 Force Majeure
La Monnaie de Paris cannot be held responsible for an event of force majeure as defined by the law and the courts in France.
The following are notably considered as force majeure events
- Damage to La Monnaie de Paris building making it impracticable for the execution of the Contract concerned,
- Exceptional bad weather,
- General strikes and strikes by Monnaie de Paris personnel,
- Threats of attack, sabotage, terrorism,
- Serious political events, demonstrations and popular movements, national mourning,
- Public order and security measures,
- Pandemic, epidemic, state of health emergency,
- Closure ordered by an administrative authority.
La Monnaie de Paris shall notify the Holder of the occurrence of a case of force majeure likely to interrupt the performance of the Contract by e-mail, specifying its nature and foreseeable duration.
The performance of the contractual obligations will be suspended for a period equivalent to that during which these circumstances of force majeure will have acted, or postponed to a later date unilaterally set by Monnaie de Paris.
Monnaie de Paris shall be released from its obligations without any reimbursement or indemnity being due to the Holder.
14-2 Measures related to an exceptional situation :
The restrictive measures that may be taken by the public authorities, both at the national and local levels, in connection with an exceptional situation such as the health situation related to the Covid-19 epidemic, may lead La Monnaie de Paris to modify the organization or the schedule of the Prize. This reorganization may in no case be considered as a breach by La Monnaie de Paris of its obligations. In the same way, if the measures taken by the authorities make it impossible to maintain the execution of the services, La Monnaie de Paris reserves the possibility of cancelling them purely and simply, without this cancellation being considered as a non-performance by La Monnaie de Paris of its obligations. The provisions of this article are stipulated without prejudice to the application of article 17 of the Rules in the event that the conditions of force majeure are met.
Article 15 - Applicable law and jurisdiction
In the event of a dispute, only French law shall apply.
This Purchase Order is subject to public law, and is subject to the administrative courts with jurisdiction in the event of a dispute.