MECANO ID

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MECANO ID

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Fr
MECANO ID

Legal notice

Please read these terms of use of this site carefully before browsing it. By connecting to this site, you fully accept these terms and conditions.

Site editor

MECANO ID
SARL with a capital of 100,000.00 €
9 rue Paul Charrier 31100 Toulouse, France
[mail]
+33 (0)5 34 60 84 00
www.mecano-id.fr

Site design and management

The editorial and graphic monitoring, as well as the technical and ergonomic design of the site, are provided by the 3Types studio: www.3types.fr

Photographic credits

AIRBUS DS, ESA, CEA, CNES, CNRS, MECANO ID, THALES ALENIA SPACE

Terms of use

he site accessible by the url www.mecano-id.fr is operated in compliance with French legislation. The use of this site is governed by these general conditions. By using the site, you acknowledge having read these conditions and have accepted them. These can be modified at any time and without notice by MECANO ID. MECANO ID cannot be held responsible in any way for misuse of the service.

Limitation of liability

The information on this site is as accurate as possible and the site is periodically updated, but may contain inaccuracies, omissions or gaps. If you notice a gap, error or what appears to be a malfunction, please report it by email, describing the problem as precisely as possible (page causing the problem, triggering action, type of computer and browser used…).

Any downloaded content is done at the user’s own risk and under his sole responsibility. Consequently, MECANO ID cannot be held responsible for any damage to the user’s computer or any loss of data resulting from the download.

The photos are not contractual.

The hypertext links set up within the framework of this website to other sources present on the Internet network can not engage the responsibility of MECANO ID.

Litigation

These conditions are governed by French law and any dispute or litigation that may arise from the interpretation or execution of these will be the exclusive jurisdiction of the courts on which MECANO ID depends. The reference language for settling any disputes is French.

Right of access

Pursuant to this law, Internet users have the right to access, rectify, modify and delete data concerning them personally. This right can be exercised electronically at the following email address: [mail].
The personal information collected is under no circumstances entrusted to third parties.

The information collected about you is processed for: MECANO ID
For the following purpose: Quotation, request for information, application and web traffic analysis.
The recipients of these data are: Our team.
The data retention period is 6 years after registration and 4 years for customer data.
You have the right to access, rectify and port , erasure of these or limitation of processing.
You can object to the processing of your personal data and have the right to withdraw your consent at any time by contacting: [mail].
You have the possibility to lodge a complaint with a supervisory authority.
Since the law “Informatique et Libertés” of January 6, 1978 as amended, you have the right to access and rectify information which you provide. concern. If you wish to exercise this right and obtain information about you, please contact [mail].
You can also, for legitimate reasons, oppose the processing of your data.

Confidentiality

Your personal data is confidential and will under no circumstances be communicated to third parties.

Intellectual property

All the content of this site, including, without limitation, graphics, images, texts, videos, animations, sounds, logos, gifs and icons as well as their formatting are the exclusive property of MECANO ID at l Except for brands, logos or content belonging to other partner companies or authors.
Any reproduction, distribution, modification, adaptation, retransmission or publication, even partial, of these various elements is strictly prohibited without the express consent of written from MECANO ID. This representation or reproduction, by any means whatsoever, constitutes an infringement punishable by articles L.3335-2 and following of the Code of intellectual property. Failure to comply with this prohibition constitutes an infringement which may engage the civil and criminal liability of the infringer. In addition, the owners of the copied content could take legal action against you.

MECANO ID is the identical owner of the “rights of database producers” referred to in Book III, Title IV, of the Intellectual Property Code (law n ° 98-536 of July 1, 1998) relating to copyright and databases.

Users and visitors of the website can set up a hyperlink to this site.

For any authorization or information request, please contact us by email: [mail]. Specific conditions are foreseen for the press.

In addition, the formatting of this site required the use of external sources for which we have acquired the rights or whose rights of use are open: three.js, gsap.js and jquery.js.

Host

OVH
Host and telecommunications operator
www.ovh.com

Terms of service

This site is available in HTML5 and CSS3 languages, for better ease of use and more pleasant graphics, we recommend that you use modern browsers such as Safari, Firefox, Chrome, …

Information and exclusion

MECANO ID implements all the means at its disposal to ensure reliable information and reliable updating of its websites. However, errors or omissions may occur. The Internet user must therefore ensure the accuracy of the information with MECANO ID, and report any changes to the site that he deems useful. MECANO ID is in no way responsible for the use made of this information, and for any direct or indirect damage that may result from it.

Cookies

For statistical and display purposes, this site uses cookies. These are small text files stored on your hard drive in order to record technical data on your navigation. Some parts of this site may not be functional without the acceptance of cookies.

Hypertext links

The MECANO ID website may offer links to other websites or other resources available on the Internet.

MECANO ID has no means to control the sites in connection with its websites. MECANO ID does not answer for the availability of such sites and external sources, nor does it guarantee it. It cannot be held responsible for any damage, of any nature whatsoever, resulting from the content of these sites or external sources, and in particular from the information, products or services they offer, or from any use that may be made of these elements. The risks associated with this use fall fully on the Internet user, who must comply with their conditions of use.

Precautions for use

It is therefore your responsibility to take the necessary precautions to ensure that what you choose to use is not tainted with errors or even elements of a destructive nature such as viruses, trojans, etc. .

Responsibility

No other guarantee is given to the customer, who has the obligation to clearly formulate his needs and the duty to inform himself. If the information provided by MECANO ID appears to be inaccurate, it will be up to the customer to carry out any checks on the consistency or plausibility of the results obtained. MECANO ID will not be responsible in any way towards third parties for the use by the customer of information or their absence contained in its products, including one of its websites.

General Terms and Conditions of Sale of MECANO ID 

ARTICLE 1 – SUBJECT

The General Terms and Conditions of Sale set out below govern the applicable rights and obligations of the SARL [private limited company] MECANO ID, listed on the register of trade and companies of Toulouse, France, under No. 399 435 379, and the Client in the context of the sale of all MECANO ID’s Contractually Agreed Obligations.

The Parties may agree on special terms and conditions departing from these General Terms and Conditions of Sale in a separate agreement or by means of an amendment. The validity of such special terms and conditions implies the Client’s prior acceptance of these General Terms and Conditions of Sale.

ARTICLE 2 – ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF SALE

The Client acknowledges having acquainted itself with these General Terms and Conditions of Sale and expressly declares that it accepts them without reservation.

These General Terms and Conditions of Sale apply to each Order, regardless of any clauses that may appear in the Client’s documents, and in particular its own general terms and conditions of purchase, over which these General Terms and Conditions of Sale take precedence.

When the Client sends a purchase order accompanied by general terms and conditions of purchase, signature of the acknowledgement of receipt of the order does not equate to acceptance of the general terms and conditions of purchase.

In the event of a dispute on the existence of a contractual relationship, proof may be provided by any means, in accordance with article 109 of the French Commercial Code (correspondence, purchase orders, accepted invoices, etc.).

ARTICLE 3 – DEFINITIONS

‘Client’ means any business or professional entity that buys the Contractually Agreed Obligations of MECANO ID.

‘Work Specification’ means the expression of the Client’s requirements.

‘General Terms and Conditions of Sale’ means these General Terms and Conditions of Sale.

‘MECANO ID’ means the company named MECANO ID.

‘Parties’ means both the Client and MECANO ID together.

‘Sales Proposal’ means any quote or technical and financial offer drawn up by MECANO ID on the basis of the information in the Work Specification provided by the Client, which is considered to be accurate and complete.

‘Contractually Agreed Obligations’ means the Services (engineering, calculations, consultancy, testing) or Products (development and production, manufacture, catalogue) supplied to the Client by MECANO ID under the terms and conditions described in the Sales Proposal.

‘Results’ means the deliverables supplied to the Client by MECANO ID under the Contractually Agreed Obligations.

‘T0’ means the start date of the Contractually Agreed Obligations, determined by formal agreement between the Client and MECANO ID.

ARTICLE 4 – CONCLUSION OF THE AGREEMENT

To be considered, any request for Contractually Agreed Obligations must be made in writing by means of a purchase order duly signed by someone authorised to take decisions on behalf of the Client.

This purchase order must refer to a MECANO ID Sales Proposal that describes the deliverables and delivery schedule, in particular.

If the Client cancels the order for any reason whatsoever, except an event of force majeure, MECANO ID shall by operation of law be fully entitled to keep the entirety of any advance payment made. If no advance payment has been made, MECANO ID shall be fully entitled to an amount corresponding to 10% of the order including VAT, by way of damages.

ARTICLE 5 – PRICE

The price of the Contractually Agreed Obligations is the price that appears on the applicable MECANO ID Sales Proposal on the date on which the purchase order is issued.

Prices are given in euros. They are to be considered net and exclusive of delivery and taxes, unless otherwise specified. VAT will be added at the rate applicable on the invoicing date.

All duties, taxes, export documents, bank fees and customs charges, etc., are payable by the Client.

Actions at night, the weekend or on public holidays, any on-call period or any trip other than those planned to the place of performance of the Contractually Agreed Obligations will incur an extra charge.

The prices given are valid, unless otherwise specified, for a maximum of one (1) month from the date of the applicable Sales Proposal.

ARTICLE 6 – PAYMENT TERMS

At each milestone corresponding to the planned invoicing periods, MECANO ID will draw up an invoice in duplicate, one copy of which will be sent to the Client.

Unless otherwise specified in the Sales Proposal, orders shall be paid at the latest thirty (30) calendar days after the invoicing date, either by cheque or bank transfer to the bank details indicated on the invoice.

Payments due to MECANO ID can neither be suspended nor staggered, nor be the subject of any reduction or compensation without the written agreement of MECANO ID.

ARTICLE 7 – FAILURE TO PAY

Total or partial failure to pay, by the due date indicated on the invoice, gives MECANO ID:

  • the right to suspend any delivery to the Client until full payment of the invoice and any penalties that may be due;
  • the possibility of cancelling any agreement, contract or order under way, fifteen (15) days after a formal notice to pay made by MECANO ID by registered letter with acknowledgement of receipt which goes unheeded.

Late payment penalties are calculated based on the price including VAT indicated on the unpaid invoice and are equal to five times the legal interest rate. Penalties are applied for each month of delay.

Under application of article L.441-16 of the French Commercial Code, Clients in arrears owe MECANO ID, by operation of law, a fixed sum of 40 euros for debt recovery costs.

Any bank fees applied due to a bank’s refusal to honour a Client’s payment will be payable by the Client.

No discounts will be given for early payment.

ARTICLE 8 – TERM AND LEAD TIMES

The deliverables of the Contractually Agreed Obligations requested by the Client will be provided within the lead times established in the Sales Proposal. Unless otherwise specified, these lead times are considered in time frames relative to T0.

To pronounce T0, the Client must give MECANO ID (i) the order and (ii) all the input data needed to perform the Contractually Agreed Obligations.

The lead time and the completion date may be changed following a written agreement between the Parties setting out the terms thereof.

The lead times for the Services may be extended by any delay attributable to the Client.

The liability of MECANO ID may not under any circumstances be incurred because of a delay or suspension of the provision of the service that is attributable to the Client, or in the event of force majeure.

The Contractually Agreed Obligations end, and the contractual relationship with them, on the day of provision of the deliverables to the Client, and the full payment of all invoices.

ARTICLE 9 – DELIVERY

The deliverables of the Contractually Agreed Obligations are made available to the Client on the delivery date indicated in the Sales Proposal or agreed during performance of the project.

Unless otherwise specified, the deliverables are provided (i) by email to the address duly provided by the Client in the case of Services, or (ii) at the MECANO ID loading bay (Incoterm EXW) in the case of Products.

In all cases when the Service is delivered by email, the geographic delivery location is considered to be the registered office of the Client, or its site for which the invoice is drawn up.

The Client is aware of the risk of sending the deliverables of the Contractually Agreed Obligations by email, in particular the risk of interception and hacking, which do not fall under the responsibility of MECANO ID.

The Client has eight (8) working days to raise any non-conformity, error or obvious defect.

ARTICLE 10 – OBLIGATIONS OF THE CLIENT

The Client undertakes to:

  • provide MECANO ID with all updated information and documents required to perform the Contractually Agreed Obligations;
  • appoint a contact person with the authority to make decisions in good time;
  • use the Contractually Agreed Obligations in line with current regulatory and legislative provisions;
  • use the Contractually Agreed Obligations in a way that does not disturb the public order or violate accepted standards of behaviour;
  • respect the rights of third parties, in particular, personal rights and the intellectual property rights of third parties, such as copyright and rights over patents or marks;
  • take out all necessary insurance with an organisation known to be creditworthy in order to cover any damages for which it may be liable under this Agreement or its enforcement.

The Client acknowledges having checked that the Sales Proposal suits its requirements and having received all the information and advice necessary for it to make an informed decision and agree to the Contractually Agreed Obligations.

MECANO ID is not responsible for the way the Client decides to use the calculations, consultancy services, recommendations, prototypes, results, materials and software provided as Contractually Agreed Obligations (an exhaustive but not definitive list).

The Client cannot under any circumstances transfer, lease or licence all or part of the Contractually Agreed Obligations, or provide them free of charge.

ARTICLE 11 – INDUSTRIAL PROPERTY

Unless otherwise specified in the Sales Proposal, the Parties agree that the Client will have full and complete ownership of the Results of the Contractually Agreed Obligations performed by MECANO ID. This ownership will only be acquired after payment of all the invoices. Such assignment of rights is granted for the entire world, and for the entire statutory duration of the protection of intellectual and industrial property rights.

MECANO ID reserves all right, title and interest over:

  • the original elements appearing in the work, documents, memos, consultations, opinions, conclusions or other procedural documents, etc., created in the context of the Contractually Agreed Obligations, including, but not limited to, any copyright, registered trademark or any other related intellectual property right;
  • all the methods, processes, techniques, developments and expertise, whether incorporated into the Contractually Agreed Obligations or not, or that MECANO ID may be led to develop or supply.

Neither Party may mention or use the name, designation, marks and logos or other terms, commercial or otherwise, of the other Party without the prior written agreement of the latter.

By way of derogation from the above, MECANO ID may use the name, designation, marks and logos of the Client where strictly necessary for the performance of the Contractually Agreed Obligations, including in later service proposals. Furthermore, the Client authorises MECANO ID, at the end of the performance of the Contractually Agreed Obligations, to cite its name/designation as a reference, and accompany this citation, where applicable, with a generic description of the services performed.

ARTICLE 12 – WARRANTY

MECANO ID guarantees the Client that the Contractually Agreed Obligations shall be duly performed, as described in the Sales Proposal and in accordance with the rules of the trade and good engineering practices.

MECANO ID is free to choose the method employed to fulfil the requirements of the Work Specification as best possible.

MECANO ID guarantees the Client that the Services will fulfil the provisions of the Sales Proposal and the regulations applicable to the Contractually Agreed Obligations, in the context of a best-efforts obligation.

If the Client does not expressly raise any reservations or complaints upon receipt of the Contractually Agreed Obligations, the latter are considered to fulfil the order, in quantity and quality. The Client has eight (8) working days from receipt of the Contractually Agreed Obligations to raise, in writing, any non-conformity, error or obvious defect, with all related supporting documents, with MECANO ID. No complaint can be validly accepted if the Client fails to perform these formalities within the deadline.

MECANO ID will rectify, as quickly as possible and at its own expense, the Contractually Agreed Obligations provided for which a non-conformity has been duly demonstrated by the Client.

As MECANO ID is subject to a best-efforts obligation, it will not be held liable, and its liability will not be incurred, in the event of a loss connected to the disorganisation of the work of the Client, or in the event of damage to the material because of the incorporation or use of the results of the Contractually Agreed Obligations in a mechanical, logical or electronic system.

The warranties granted under the terms of these General Terms and Conditions of Sale are the only warranties MECANO ID gives under the Contractually Agreed Obligations. They prevail over any other warranty. If the applicable law does not permit a warranty to be the subject of such a waiver, this warranty will be expressly limited to the duration of the warranty period stipulated in this article. The Client expressly waives all other express or implicit warranties.

MECANO ID undertakes to take out any insurance necessary to cover the liabilities it incurs due to the performance of the Contractually Agreed Obligations to adequate levels with an insurance provider known to be creditworthy.

ARTICLE 13 – LIMIT OF LIABILITY

The commitments of MECANO ID merely constitute an obligation of due care. Contractually Agreed Obligations are carried out in strict compliance with the regulations of the aviation, spatial or nuclear industries applicable to MECANO ID, and, where applicable, in accordance with the conditions set out in writing in the Sales Proposal accepted by the Client.

MECANO ID cannot be held liable for damages caused by serious or intentional negligence, or by errors arising from documents or information provided by the Client, particularly if MECANO ID has previously issued the necessary reserves.

MECANO ID cannot be held liable should a fault or technical problem be found by the Client on its equipment, goods and services, further to operations it has carried out or those carried out by its staff or subcontractors.

In any event, the total amount of damages that may be charged to MECANO ID, if it is held liable, will be limited to the total amount of the sums corresponding to the pre-tax price of the Contractually Agreed Obligations for the part or batch for which MECANO ID has been held liable.

MECANO ID also excludes any liability, for indirect damages that may be caused to the Client due to the Contractually Agreed Obligations, and particularly in relation to loss of profit, turnover, opportunity, customers, image, data or use thereof.

With regard to third parties, the Client will be solely liable for damages that arise from the incorporation of Contractually Agreed Obligations into a system or from their use.

Where the liability of MECANO ID regarding the payment of damages is excluded or limited, such exclusion or limit also extends to the personal liability of its employees, representatives and agents.

Any action that may be taken against MECANO ID but has not been in the twelve (12) months further to the generating event will be deemed to have expired.

ARTICLE 14 – NON-SOLICITATION OF STAFF

The Parties undertake not to hire, directly or indirectly, or call on the services of any member of the other Party’s staff, or subcontractors, who helped to carry out the Contractually Agreed Obligations, neither throughout the duration of the Agreement, nor for a period of one year further to the Agreement expiring without the written consent of the other Party.

In the event that one of the Parties does not respect this obligation, this Party undertakes to pay the other Party compensation of no less than twelve months’ gross salary of the relevant member of staff, calculated based on the last full month prior to his or her departure, notwithstanding the right of the adversely-affected Party to apply for the enforcement of this clause.

ARTICLE 15 – FORCE MAJEURE

MECANO ID cannot be held liable if it fails to comply with one of its contractual obligations when this failure is caused by an event of force majeure, or an unavoidable accident beyond the control and due diligence of the Parties.

The performance of this Agreement and its resulting obligations will be suspended should an event of force majeure occur, beyond the Parties’ control, making it impossible to deliver the Contractually Agreed Obligations, within a deadline considered acceptable by both Parties, without MECANO ID being held liable for this reason by the Client, and with no associated compensation being requested of it by the latter.

In such circumstances, the Parties undertake to seek an alternative solution in good faith that allows the Client to continue operating as usual.

The performance of the agreement will resume as normal, and the Parties will again be obliged to respect all obligations therein, as soon as the event of force majeure has duly ceased.

ARTICLE 16 – TRANSFERABILITY AND SUBCONTRACTING

Neither Party can assign its rights and obligations herein unless the other Party gives its written consent – but to assignees claiming the rights of one of the Parties, exclusively by way of a company transfer, a merger or a partial transfer of assets. Furthermore, all Parties will have the right to assign this Agreement to a company within its Group as set out in article L 233-3 of the French Commercial Code.

MECANO ID can fully or partially subcontract its Contractually Agreed Obligations without the prior written agreement of the Client to a subcontractor or subcontractors.

ARTICLE 17 – CONFIDENTIALITY

Both Parties agree not to disclose Confidential Information received from the other Party. Confidential Information is understood to mean information of any kind, visual or spoken, in any medium whatsoever, pertaining to the structure, organisation, business, various internal policies, projects and staff of each of the Parties.

Subject to the exceptions referred to below, this confidentiality obligation will remain in force for a duration of five (5) years after the end of the Contractually Agreed Obligations.

Letters, information and memos provided by MECANO ID during performance of the Contractually Agreed Obligations are also confidential. These documents are sent to the Client for strictly internal use and under the condition they are neither disclosed to third parties nor appended to a document it may be led to produce. If required, on a one-off, exceptional basis, at the Client’s written request, MECANO ID may waive the confidentiality obligation.

The obligations and restrictions set out above do not apply to Confidential Information that:

  • belongs in the public domain, or was freely acquired before the start of the service;
  • is or becomes known otherwise than further to a breach of this article;
  • is or becomes known through other sources not bound by a restriction on disclosure;
  • or, must be released pursuant to a statutory or professional obligation or at the request of any legal or regulatory authority authorised to demand the disclosure of confidential information.

Subject to its confidentiality obligations, MECANO ID reserves the right to perform Contractually Agreed Obligations for the Client’s competitors.

The Client acknowledges and accepts that:

  • the Parties may, unless the other Party expressly requests otherwise, correspond or transfer documents by email over the Internet without either Party being held liable in the event of a breach of the security of the emails or their integrity;
  • MECANO ID may not be held liable for any loss, damage, costs or harm caused by the loss, delay, interception, misappropriation or alteration of any email brought about by a third party.

ARTICLE 18 – DATA PROTECTION

The Parties expressly agree to comply with the provisions of the French law of 6 January 1978 concerning information technology, data protection and privacy (known as the ‘Loi informatique et libertés’). The Parties will take all measures required by the national legislation applicable to them respectively to protect the personal data processed in the context of the order.

Each Party must alone assume the consequences of the failure to fulfil its obligations with regard to the protection of personal data, and ensure an adequate level of IT security to protect such data in an appropriate fashion.

ARTICLE 19 – RESCISSION

If one of the Parties fails to fulfil its obligations under the Agreement, the other Party may pronounce the rescission of the Agreement, after formal notice sent by registered letter with acknowledgement of receipt that goes unheeded for thirty (30) days after the notification and without prejudice to all damages, should it wish to do so.

Regardless of the way the Agreement ends, the Contractually Agreed Obligations performed by MECANO ID may not be brought into question and the amounts due for the Services performed will remain payable and MECANO ID shall be fully entitled to them, without prejudice to any damages.

The ‘industrial property’, ‘non-solicitation of staff’ and ‘liability’ articles will remain in force after the end of this Agreement, including after its rescission or cancellation for any reason whatsoever.

ARTICLE 20 – SEVERABILITY

If any one of the provisions of these General Terms and Conditions of Sale is considered null and void under the terms of a statutory or regulatory provision or a final decision of a court of law, it will be severed. It will not lead to the other provisions being declared null and void.

ARTICLE 21 – NO WAIVER

If MECANO ID fails to invoke a failure on the part of the Client, this does not mean MECANO ID waives its right to invoke said failure. Any waiver will only be binding if it is expressed in writing and signed by the legal representative of MECANO ID.

ARTICLE 22 – APPLICABLE LAW

By express agreement between the Parties, the General Terms and Conditions of Sale and the resulting sale and purchase operations are governed by French law. They are written in French.

Any disputes to which these General Terms and Conditions of Sale may give rise, as much concerning their validity, interpretation, performance or termination, and any consequences and related issues, will be referred to the competent courts of the jurisdiction of Toulouse, France.Dispose d’un menu contextuelParagrapheDispose d’un menu contextuel

Contact us

MECANO ID is at your disposal for all your comments or suggestions. You can write to us in French by e-mail at: [mail].