GENERAL TERMS AND CONDITIONS OF SALE
FAST TRACK’s business activity concerns bringing together professionals in the medical sector (manufacturers, importers, and distributors) established throughout the world with the aim of creating advantageous opportunities to further the development of their businesses.
For this purpose, FAST TRACK regularly sets up physical meetings (“MedicaMatch Meetings”) hereinafter, the Event, which enables professionals in the sector to meet and enter into representation and/or distribution agreements.
Article 1. GENERAL REMARKS
The present General Terms and Conditions of Sale apply to any agreement binding FAST TRACK to any natural and legal person, hereinafter referred to as the CLIENT, who orders any service from FAST TRACK that relates to participation by the CLIENT in MedicaMatch Events organized by FAST TRACK.
Any order placed implies the unconditional acceptance of the present General Terms and Conditions of Sale which will prevail over all other conditions, excepting those that have been expressly accepted by FAST TRACK.
These General Terms and Conditions of Sale may be supplemented to by specific conditions transmitted to the CLIENT and that may occur on any written document that is issued by FAST TRACK (quotes, purchase orders, etc.).
Article 2. DURATION
The General Terms and Conditions of Sale apply to the duration of the Reference Period as indicated on the Registration Form. During the Reference Period, many Registration Forms may be signed between FAST TRACK and the CLIENT.
Article 3. VALIDITY OF THE OFFER—ORDER INTAKE
3.1 Registration procedure
A written document called the “Registration Form” will be systematically prepared before any FAST TRACK service. This document details the services to be carried out as well as the specific conditions relating to price, deadlines, and payment.
To validate an order this document must be signed by the CLIENT.
The CLIENT must complete and sign the Registration Form and return it:
- by post addressed to FAST TRACK at 1 Place de la Libération, 73000 Chambéry, France,
- or by email at firstname.lastname@example.org.
In all cases, the Registration Form shall always be accompanied by the down payment, which is also specified on the Registration Form.
The CLIENT agrees to provide a cell-phone number where he or she can be contacted. FAST TRACK agrees to use this number only in urgent cases related to the organization of the Event.
On receiving the down payment and the duly completed and signed Registration Form, FAST TRACK will provide the CLIENT with a personal, secure and non-transferable access code to the MedicaMatch.com Platform, where the CLIENT should present their company and products in order to be chosen by the Sales Partners.
The CLIENT should upload their presentation no later than one month before the Event.
FAST TRACK provides the CLIENT with telephone assistance to help input their products in case of difficulty.
After reviewing the descriptions, FAST TRACK has the right to exclude those products that do not appear to correspond to the purpose of the Event.
FAST TRACK allows fifteen (15) days before the Event, under the same terms and conditions, for the CLIENT to make known the Lectures/Workshops they wish to participate in, as well as the list of Sales Partners they wish to meet, subject to the CLIENT having paid FAST TRACK the full amount for their participation.
3.2 Registration refusal
FAST TRACK reserves the right to reject any pre-registration for whatever reason within fifteen (15) days at the latest after receiving the Registration Form.
The refusal of a registration will not occasion compensatory payment of any kind whatsoever.
In addition, FAST TRACK reserves the right to request further information from the CLIENT, at any time before the first day of the Event and, if necessary, to reject an application to participate based on evidence of misleading or incorrect information or information that is no longer accurate; or to apply the provisions of the article “Termination for breach”, according to Article 8 in the present General Terms and Conditions of Sale.
In all cases, monies paid to FAST TRACK will be retained without prejudice to any damages intended to compensate for the prejudice suffered by FAST TRACK as a result of the non-participation of the CLIENT in the Event.
3.3 Non-participation of the CLIENT
If on the first day of the event, the CLIENT, for whatever reason, fails to appear at the Tables which have been allocated to them, FAST TRACK may dispose of the TABLES and the CLIENT will have no right to claim either a refund or compensation, even if the Tables are allocated to another FAST TRACK client.
3.4 Cancellation by the CLIENT
The CLIENT may cancel their participation, whatever the reason, up to sixty (60) days before the first day of the Event. In this case, the down payment will remain due to FAST TRACK.
In the case of a cancellation in less than 60 days before the first day of the Event, the CLIENT will remain liable for the full amount of the participation fee.
3.5 Cancellation or postponement by FAST TRACK
FAST TRACK may cancel or postpone an Event if it deems that the number of registrations is insufficient. In the case of a cancellation, FAST TRACK will reimburse the CLIENT with the amount already paid, but no damages will be due.
FAST TRACK may also cancel or postpone the Event in the case of force majeure as defined in Article 7 of the present General Terms and Conditions of Sale.
If by reason of force majeure, the Event cannot take place, the deposit due will be kept by FAST TRACK in order to defray expenses already undertaken for the organization and the running of the Event. No recourse may be taken against FAST TRACK.
Article 4. FAST TRACK OBLIGATIONS
FAST TRACK undertakes to provide the CLIENT with the Services specified in the Registration Form within the agreed deadlines.
FAST TRACK agrees to implement the necessary human measures to execute the Services offered. The CLIENT acknowledges that FAST TRACK is bound only by an obligation of means.
The CLIENT also acknowledges that their cooperation is indispensable to the smooth running of the Service offered.
4.1 Organization of the Event
FAST TRACK selects the venue and fixes the dates, the duration, and the opening and closing hours of the Event, as well as setting the participation fee and the registration deadline.
4.2 Table allocation
FAST TRACK allocates the Tables, and on the first day of the Event, gives the CLIENT a placement plan for the Tables assigned to them.
However, FAST TRACK reserves the right to change the Table placement whenever necessary.
This sort of change does not allow the CLIENT to unilaterally cancel the Contract nor to seek any kind of compensation.
4.4 The organization of meetings between the CLIENT and Sales Partners
During the Event, FAST TRACK undertakes to make every effort to enable the CLIENT to meet the number of Sales Partners specified in the particular participation conditions at the one-to-one meetings of thirty (30) minutes each.
The CLIENT is given a meeting schedule on the first day of the Event. FAST TRACK establishes the schedule according to the meeting requests made by the CLIENT and the Sales Partners on the Platform, and also according to the objectives broadly outlined by the CLIENT and the Sales Partners.
The schedule may be modified particularly in the case of lateness or absence with no replacement for the Sales Partner. This sort of change does not permit the CLIENT to cancel the Contract or to seek compensation.
Furthermore, if a meeting cannot be rescheduled following the tardiness, absence, or non-replacement of a Sales Partner, FAST TRACK, as part of its obligation of means, undertakes to organize it within twelve months from the end of the said Event. This commitment is only made if the number of meetings that the CLIENT had with Sales Partners during the Event, is less than the number of meetings defined in the particular participation conditions. It is emphasized that the travel expenses for this or these replacement meetings with the Sales Partner shall be the responsibility of the CLIENT.
It is agreed that meetings, which are arranged outside the schedule prepared by FAST TRACK and at the initiative of the CLIENT and/or the Sales Partners, are considered under this Article to be meetings planned or organized by FAST TRACK.
FAST TRACK is not responsible for meetings that are not honored by the Sales Partners.
Article 5. CLIENT OBLIGATIONS
5.1 Meetings Punctuality
Given the rapidity of the format of the meetings, the CLIENT must be punctual and arrive at exactly the set time and meeting place indicated on the schedule. If a CLIENT misses a meeting due to unpunctuality, it will not be replaced.
5.2 Product conformity
The CLIENT will provide FAST TRACK with a list of brands, which he will be representing at the Event.
The CLIENT has sole responsibility to ensure the industrial protection of the products to be presented, with no recourse whatsoever against FAST TRACK.
Sales involving immediate delivery at the Event venue are prohibited.
The CLIENT has sole responsibility for the transport and reception of merchandise intended for them, and without any recourse whatsoever against the FAST TRACK company.
Products brought in for the purpose may not leave the premises during the course of the Event.
The CLIENT is obliged to comply with the instructions given by FAST TRACK concerning the regulation of merchandise entering and leaving.
The CLIENT is reminded that it is strictly forbidden to present illicit products or those proceeding from illicit activities.
A CLIENT who contravenes these provisions could be subject to legal proceedings without prejudice to the measures FAST TRACK could take to put an end to the issue.
It is the sole responsibility of the CLIENT to undertake the obligatory customs formalities for those products to be presented and that come from abroad.
This also applies particularly to a non-exhaustive list such as non-compliance with safety regulations and absence of insurance etc.
FAST TRACK will not be held responsible for difficulties that may arise during these formalities.
5.4 Other items
The CLIENT undertakes to comply with all security measures imposed by administrative or legal authorities, as well as any security measures that may be taken by FAST TRACK.
Any damage, notably to the premises and facilities of the Event venue, caused by the
CLIENT will be at the expense of the CLIENT.
Article 6. FINANCIAL CONDITIONS
The CLIENT agrees to pay FAST TRACK the amount indicated on the Registration Form.
The price can be revised by FAST TRACK up to the conclusion of the Contract in case there are changes to the components, such as labor costs, transport, as well as fiscal and social provisions.
The CLIENT will be given prior notice of this revision.
From the time of the said notice, the CLIENT may expressly refuse to adhere to this revision by sending a registered letter with acknowledgment of receipt within fifteen (15) days. Failing that, the revision will be deemed accepted and will immediately apply to the Contract.
If the revision is not accepted, the contract will be terminated and the deposit returned.
6.2 Payment conditions
Unless otherwise agreed by the Parties mentioned on the Registration Form, any order from the client will give rise to a down payment of 30% of the order. Payment may be made by check, bank draft, or money order. All invoices are payable to FAST TRACK’s head office. No discount shall apply if payment is made before the due date unless otherwise indicated on the invoice.
Once FAST TRACK has received the Registration Form and the down payment, it will send to the CLIENT an invoice detailing the advance paid and the balance due.
The CLIENT undertakes to pay the balance according to the due date set in the Registration Form and at the very latest, two (2) months before the first day of the Event unless there is a specific agreement by FAST TRACK.
6.2 Late payment
By express agreement, and unless a postponement is requested by FAST TRACK, any amount that is not paid by the due date will give rise to a penalty fee for late payment. This will be calculated from the date due to the date payment is paid at a rate equal to that of the European Central Bank interest rate at its most recent refinancing operation plus an increment of ten (10) percentage points.
Furthermore, pursuant to Article D 441-5 of the Business Code, if the due payment date shown on the invoices is not respected, the CLIENT will pay FAST TRACK, over and above the penalty fee, a fixed sum of €40 as compensation for recovery costs.
Where the recovery costs incurred exceed the fixed indemnity sum, FAST TRACK may claim supplementary compensation upon justification (Art. D 441-5 of the Business Code).
In addition, this interest is payable without prejudice to the damages which FAST TRACK could claim from the CLIENT for any loss as a result of delays or non-payment.
In the case of non-payment of the full price within two (2) months before the first day of the Event, FAST TRACK, may forbid the CLIENT to participate and apply the article “Termination for breach” of Article 8 of these General Terms and Conditions of Sale.
FAST TRACK will also keep the amount already paid.
Article 7. RESPONSIBILITY
FAST TRACK cannot be held responsible for force majeure and/or a fortuitous event that would prevent it from carrying out its normal obligations.
The Parties expressly agree to attribute the effects of force majeure to the following events, even if they do not present the legal characteristics of force majeure or a fortuitous event: fire, explosion, or water damage occurring on the premises of FAST TRACK, the CLIENT, or the Event venue; any work stoppage affecting FAST TRACK or its partners, lock-out, flood, epidemic, war, requisition, strike action, hurricane, tornado, earthquake, revolution, legal moratorium, restraint of princes, theft of all or part of any equipment, freezing, lack of fuel or electricity, interruption or delay in transport or post and telecommunication services, difficulty or impossibility of importing or exporting, or obstacles resulting from legal authority provisions for internal economic regulations; any new economic situations, political or social events that would make it impossible to hold the Event, or which would carry the risk of such upheavals and trouble as to severely affect the smooth running of the Event or the safety of persons or property.
The CLIENT expressly acknowledges and accepts that FAST TRACK is bound by an obligation of means in respect of its obligations in their entirety as pertaining to the General Terms and Conditions of Sale and of the contract.
FAST TRACK does not accept any responsibility concerning, in particular, indirect financial or commercial prejudices resulting from the CLIENT’s implementation of the services provided by FAST TRACK, as for example, loss of earnings, general price rises, schedule disruption, loss of profit, clientele, or anticipated gain, etc.
Except in the case of gross or intentional negligence, the overall responsibility of FAST TRACK to the CLIENT under the General Terms and Conditions of Sale, regardless of the legal basis, shall not exceed the amount already paid by the CLIENT in accordance with the current order.
The CLIENT acknowledges being the only person to foresee and calculate any possible prejudice to them if any difficulty should arise within the execution of the General Terms and Conditions of Sale and of the contract whose terms and conditions (particularly the financial terms) were settled taking into account the limits and exemptions from liability enjoyed by FAST TRACK.
Accordingly, the CLIENT acknowledges and agrees that it is incumbent upon them to insure against all risks that are judged appropriate with regard to their particular situation and to the General Terms and Conditions of Sale.
The CLIENT is obliged, at their own expense, to take out an appropriate insurance policy to cover the products to be presented, and in general terms, any personal and portable items and belongings, and the risks that they and their staff might incur or cause to be incurred by third parties in the course of the Event.
The insurance must be taken out by a reputable, solvent company to cover the CLIENT with adequate provisions.
The CLIENT undertakes to make the policy available to FAST TRACK when it first requests it.
The owners of the location used for the Event meet their civic responsibilities as property and installation owners.
The CLIENT shall indemnify FAST TRACK for any damage or loss, costs, and expenses that it or any of its clients, contractors, or employees have incurred caused by the CLIENT, or one of their guests, agents or employees, which would result from the organization of the Event.
Article 8. TERMINATION FOR BREACH
In case of a breach by one or other of the Parties of their obligations arising from the present General Terms and Conditions of Sale and of the FAST TRACK contract, the Party who is victim of the breach may legally terminate the Contract after formal notice has been served and that has remained without response for fifteen (15) working days after receipt.
This termination will take effect the day after the period of fifteen (15) working days without any other legal formality. All sums paid under the Contract will be retained by FAST TRACK without prejudice to any damages that may be owed by the CLIENT, as a result of this termination.
FAST TRACK is absolved from any obligation to give formal notice to the CLIENT in the cases referred to in the Articles “Registration refusal” and “Non-payment”, and the termination is immediate as laid out in a registered letter with acknowledgment of receipt. The same will apply in the case of breach of the rules of a procedure implemented by FAST TRACK and annexed to the present General Terms and Conditions of Sale.
Article 9. SPECIFIC AUTHORIZATIONS
Unless by prior written consent by FAST TRACK:
* Any illuminated or audible advertising and any activity, show, or demonstration likely to attract crowds to the Event’s venue is forbidden.
* The use of electrical and/or gas-run equipment outside the areas specially designated for their use is forbidden.
* Any visual and audio recording is forbidden.
* Any solicitation, promotion and distribution of promotional documentation or gifts on-site or around the Event venue is forbidden.
Any CLIENT in breach of these restrictions could mean being excluded from the Event and they will not be allowed to claim a refund or compensation. The sums paid to FAST TRACK in the execution of the contract will be retained.
FAST TRACK reserves the right to rescind any authorization granted in the event of impediments to circulation, or the layout of the Event, or any risk to the safety of people and property. In such circumstances, no compensation may be claimed from FAST TRACK as a result of this decision.
Article 10. CATALOG
FAST TRACK holds exclusive rights to the writing, publication, and distribution, paid or free, of the Event’s catalog.
FAST TRACK may concede all or part of this right as well as the advertising included in the catalog.
The information needed for the catalog’s content will be provided by the CLIENT on the Platform.
FAST TRACK cannot be held responsible for omissions or errors in the reproduction, or composition or other errors that may occur.
FAST TRACK reserves the right to refuse or edit any written content, that could injure other participants, and without any possible recourse against FAST TRACK as a result of this decision.
Article 11. INTELLECTUAL PROPERTY
The CLIENT guarantees ownership of intellectual property rights (copyright, trademark rights, patents, designs, and models) for the products and brands represented, or before the first day of the Event, will have obtained the rights or necessary authorization to present them during the Event.
FAST TRACK will take no responsibility particularly in the case of litigation with another FAST TRACK client, Sales Partner, or any third party in general.
The CLIENT authorizes FAST TRACK to reproduce, free of charge, on all communications media (websites, catalogs, promotional videos, brochures, etc.), their company name, trade name, logo, and brand names (a word or semi-figurative), which the CLIENT owns, and also an image of the company representatives present and/or the products to be presented.
The CLIENT waives any right to recourse against FAST TRACK for supporting the Event by broadcasting on television, videogram, an all other media support (internet, catalog, brochures, etc.), their company name, trade name, logo and brand names (as a word or semi-figurative) owned by the CLIENT, as well as an image of company representatives present and/or the products to be presented;
FAST TRACK grants the CLIENT, who accepts, the simple, non-exclusive, personal and non-transferable right, to use the Platform, understood as having the right to download and/or to install it for the purpose of consultation and use as intended for the period authorized under this Contract.
To this effect, the CLIENT expressly acknowledges that they are not authorized to:
* extract, by transferring permanently or temporarily, all or part of the Platform content, in any substantially qualitative or quantitative way, to any medium by any means or form whatsoever.
* reuse, and make available to the public, the whole or a substantial qualitative or quantitative part of the Platform’s content in whatever form.
* extract or reuse, repeatedly and systematically, the qualitatively and quantitatively insubstantial parts of the Platform when these actions clearly exceed normal conditions of use.
* reproduce or represent all or part of the Platform beyond what is prescribed in this article.
Article 12. MISCELLANEOUS
12.1 Unless prior and written authorization has been obtained from FAST TRACK, the CLIENT may not assign or transfer the benefits of the present to any chosen natural or physical person. FAST TRACK reserves the right to assign the benefits of the present to any natural or legal person of its choice without notice.
12.2 In the context of carrying out the General Terms and Conditions of Sale, FAST TRACK may freely confer the execution of certain tasks to partners or subcontractors.
12.3 The General Terms and Conditions of Sale and the Registration Forms issued by FAST TRACK express the obligations of the Parties in their entirety.
The fact that FAST TRACK might not pursue a failure to comply with obligations or any other breach by the other Party of any of its obligations, may not be construed as a waiver of the obligation in question, nor of the rest of the provisions laid down in the General Terms and Conditions of Sale and in the Registration Forms. In the same way, any delay or omission by FAST TRACK in the exercise of the rights and prerogatives conferred on it, may not be interpreted as any kind of waiver of the benefits of the said rights and prerogatives
12.4 The General Terms and Conditions of Sale and the Registration Forms issued by FAST TRACK constitute completely and exclusively all the terms of the agreement reached between FAST TRACK and the CLIENT and replace any previous written or oral negotiations, proposals, communications, statements, and commitments between the Parties, with regard to the present subject.
12.5 If one of the clauses of the General Terms and Conditions of Sale should be declared void, illegal, or inapplicable, this clause will be deemed unwritten and will not lead to the nullification of the General Terms and Conditions of Sale in their entirety. The Parties will try to replace this clause with one that is valid with an equivalent effect.
12.6 The clauses of the General Terms and Conditions of Sale will prevail over any other previous agreement reached between the Parties. Any modification of the General Terms and Conditions of Sale will be subject to an amendment to be signed by both Parties.
12.7 Each Party undertakes to put all the information necessary for the proper execution of the General Terms and Conditions of Sale, and of the contract in general, at the disposition of the other.
Article 13. JURISDICTION AND APPLICABLE LAW
In the case of dispute, the CLIENT undertakes to submit their written claim to FAST TRACK before any procedure.
With the formal consent of the CLIENT, any action brought before the expiration of the fifteen (15) working days from the time of making the claim will be declared inadmissible.
These present General Terms and Conditions of Sale are subject to French law.
The Parties expressly agree that any dispute arising from the interpretation, conclusion, or the execution of the Contract, will be submitted to the Chambéry Commercial Court, even for interim or on request third-party proceedings.
Article 14. PERSONAL DATA
In compliance with the newly issued General Data Protection Regulation, the CLIENT agrees to have read and understood the present clause stipulating that FAST TRACK under its own responsibility may collect information and personal data in an internal data register and use them strictly and only for the sole purpose of carrying out the mission entrusted to the company by the CLIENT.
The CLIENT may, at any time, request FAST TRACK to destroy and/or transfer all their personal data without giving any explanation or particular reason.
In the case of the CLIENT’s confidential information being compromised via the register or data becoming known by FAST TRACK, FAST TRACK must notify the National Commission for Data Protection (CNIL – France) as soon as possible.
Article 15. CONFIDENTIALITY
FAST TRACK undertakes to keep confidential all information, reports, documents, and technical data supplied by the CLIENT and may not divulge or release them to a third party without the express agreement of the CLIENT, except to execute delivery of service within the context of disclosing information to third parties where required by a judicial or administrative decision in a court case, or information that has fallen into the public domain.
The General Terms and Conditions Sale updated on 24 August 2018,
Which nullify and replace all previous versions.