CONTRACT FOR THE PROVISION OF SERVICES OF THE PHYTOPROTECTION LABORATORY AND BIOLOGICAL EFFICACY STUDIES NUMBER____________ Between us, NATIONAL INSTITUTE OF INNOVATION AND TRANSFER IN AGRICULTURAL TECHNOLOGY, legal identification number 3-007-320067, hereinafter called "INTA", legally constituted, domiciled in the city of San José, Sabana Sur, and the user, _______________________________ (name or corporate name of the user), with identification card ______________ (identity __ / legal entity __ ) number _______________, represented by (name and qualifications of the representative) __________________________________, a resident of ___________________, with sufficient powers for this act, according to the attached power of attorney, hereinafter called "USER", we sign this contract, according to the following clauses and conditions:
1. PURPOSE. To regulate the relations between the USER and INTA on the occasion of the provision of phytoprotection services and biological efficacy studies.
2. ANNEXES. The annexes form an integral part of this contract, which include the specific provision conditions for each service or study requested by the USER, the biological efficacy study application, and the sworn declaration required by law.
3. SUPPLY OF SERVICES. INTA undertakes to provide the USER with quality services or studies in accordance with current regulations and rules, the conditions of which will be indicated in the respective annexes. INTA undertakes to provide the services efficiently and continuously, except in cases of fortuitous event, force majeure, fault of the user, or act of a third party. The USER authorizes INTA so that, through its personnel or any other contractor thereof, duly identified, it may inspect its facilities to verify the status of the services when required.
4. RIGHTS AND OBLIGATIONS OF THE USER. THE USER shall have all the rights and obligations stipulated in this contract and its annexes, in accordance with the provisions of the INTA Law, No. 8149, and other applicable regulations; such as the right to know the general characteristics of the contracted services or studies, prices, quality levels, contractual deadline, compensation and refund policy. Likewise, the User is obligated to comply with the terms of this Service Contract, its Annexes (when applicable), and the current regulations and rules.
5. FORMALIZATION OF THE CONTRACT BY ELECTRONIC MEANS. This contract may be formalized in person or by available electronic means, via email, for which the User accepts and recognizes that it has the same legal effects and validity as documents signed in person. For these purposes, the electronic document must be digitally signed.
6. LIABILITY FOR DAMAGES. INTA shall not be liable for damages in the provision of the service, such as and without limitation: degradation of the to third parties, or that are the product of force majeure or fortuitous event. INTA shall not be liable for indirect damages, including damages for loss of profits, advantages, savings, or dividends of any kind, or increases in operating costs. Likewise, other damages not attributable to INTA and not contemplated here may occur.
7. PROCEDURE FOR HANDLING CLAIMS. THE USER may submit their dissatisfactions or claims regarding the provision of the services or studies, in person (at the Phytoprotection Services Laboratory, located 800 m West of Pops in Sabana Sur), by telephone at (506)2231-5055, or using automated electronic means, be it fax (506) 2231-5004 or email.
8. TIMEFRAMES FOR CLAIMS AND NON-CONFORMITIES. Non-conformities and claims will be resolved according to the following maximum timeframes: a) 48 hours for handling Non-conformities that can be resolved immediately by the Laboratory. b) 15 business days for the study of Claims, where technical or legal assessments that transcend immediate attention or correction are necessary.
9. CONDITIONS FOR THE LOCATION OF THE TRIAL (Ensayo). The User must indicate the location of the area or zone for the trial. In the event that the User does not have a place to carry out the trial, they may request INTA to locate one, provided it is within its institutional possibilities.
10. PRICES, TARIFFS, AND PAYMENT METHODS. INTA will provide the services or biological efficacy and other studies under the methods of prepayment or post-payment. The specific prices and/or tariffs for each service will be indicated in the corresponding annex. Variations in prices and/or tariffs will be available to the User on the website www.inta.go.cr. If the User withdraws from the contracted service, they may request INTA to annul the biological efficacy study application and the refund of the amount paid for said service, authorizing INTA to deduct the costs incurred. Once the field trial is established, provided the user has paid the corresponding invoice, the charge will be applied to it, and the remainder will be returned.
11. MEANS OF PAYMENT. The USER must pay the amounts for the service or study in question, according to the tariff established by INTA and published in the Gaceta. To make their payments, the USER must choose any of the following means: cash at the INTA Cashier's Office (Sabana Sur, Ministry of Agriculture and Livestock building, 700 m South of Canal 7), electronic transfer, or direct deposit in the following bank accounts: BCR.- 001023057206-0 / 15201001023057206. In the BNCR.-100-01-000-213632-3/15100010012136324. The validity of the payment will be subject to INTA being able to make it effective.
12. AUTOMATIC CHARGES FROM ONE SERVICE TO ANOTHER. The User authorizes INTA to charge to the billing of any other INTA service registered in their name, those debts they may have pending for service procedures, unpaid sales or consumption, among others.
13. INVOICING OR MONEY RECEIPT VOUCHER. INTA must issue the invoice or money receipt voucher, which will be given to the user upon receipt, at the INTA Cashier indicated in point 11, safeguarding the security of their data.
14. TRANSFER OF SERVICES. The User may not transfer the contracted services or biological efficacy studies.
15. COMPENSATIONS AND REIMBURSEMENTS. The USER shall have the right to request compensations and reimbursements, in accordance with current regulations and the terms indicated above.
16. SERVICE CHANNELS. The USER may request services or studies and carry out procedures related to them, through the Plant Protection Laboratory (Laboratorio de Fitoprotección), in person, by telephone, or through automated electronic means.
17. FORMS OF CONTRACT TERMINATION. This contract may be terminated for the following reasons: a) At the user's request at least three calendar days prior to the moment of setting up the trial, b) In the event of insolvency, bankruptcy, or death of the user, c) When the User commits fraud or makes improper use of INTA's services, acts contrary to current regulations, d) Breach of any of the contractual clauses or current regulations. In the cases of assumptions c) and d), THE USER empowers INTA to immediately suspend, as a precautionary measure, the improperly used services and to resolve this contract by operation of law, without prejudice to the collection of any applicable damages and/or penalties, upon prior communication to the user.
In cases of service provision or studies where a minimum permanence agreement has been established, the early termination grounds indicated in subsections a) and b) of the first paragraph of this clause shall not apply.
18. NOTIFICATIONS. The USER indicates the following as the place and/or means for receiving notifications:
Email:_____________________________ .
Address:____________________________________________________________ 19. CONTRACTUAL TERM. This contract is of indefinite duration, because it is determined according to the cycle of the crop or pathogen under study, with the exception of those services included in the annexes that expressly indicate a minimum permanence obligation. The user is obliged to notify INTA of any changes to the information provided in this contract; otherwise, the means indicated in this contract will be considered valid.
20. APPLICABLE LEGISLATION. All the clauses of this contract, as well as anything not expressly provided for herein, shall be governed by the laws of the Republic of Costa Rica. Likewise, the nullity or illegality declared by a Competent Authority of one or more clauses of this contract shall not affect the validity, legality, and enforceability of the remaining stipulations.
Being in agreement, the parties sign in the city of San José, on the ____ day of ____________, __________.
________________________________________ ___________________________________ THE USER THE INTA
AFFIDAVIT (DECLARACION JURADA) NATURAL PERSON/LEGAL PERSON (PERSONA FISICA/PERSONA JURIDICA) To the National Institute of Innovation and Technology Transfer in Agriculture (Instituto Nacional de Innovación y Transferencia en Tecnología Agropecuaria) I,_______________________________________(full name), ____________________ of legal age,__________________________(marital status), _______________________(occupation or trade), _____________________________________resident of ______________________________(exact address), bearer of identity card number ___________________in my capacity as ______________________________ (natural or legal person)___________________________with powers of unlimited general attorney-in-fact, of the company _____________________________________(full company name), legal entity number______________________, registered in the commercial section of the Public Registry at volume_____ folio______ entry__________, DECLARE UNDER OATH, aware of the penalties with which the Penal Code punishes the crime of perjury, the following:
That none of the prohibitions established by Article 22 bis of the Administrative Contracting Law (Ley de Contratación Administrativa) affect me.
1. That I am not disqualified from contracting with the Public Administration, according to the grounds established by Article 100 of the Administrative Contracting Law (Ley de Contratación Administrativa).
2. That I am up to date in the payment of all types of national taxes, as established in Article 65, subsection a of the Regulation to the Administrative Contracting Law (Reglamento a la Ley de Contratación Administrativa).
3. That I am not disqualified from engaging in commerce nor have I been declared in a state of insolvency or bankruptcy.
4. That I am not subject to the prohibitions established in Article 17 of Law 8149, the INTA Law (Ley 8149, Ley del INTA) which establishes: "It is forbidden to enter into any kind of contract with the Institute for the members of the Board of Directors (Junta Directiva) and all other officials, employees, and relatives of such persons up to the third degree of consanguinity or affinity inclusive, as well as for companies of any type in which they have participation or interest. Violation of the provisions of this article shall be sanctioned with the immediate dismissal of the offender, without prejudice to any criminal and civil liabilities that may apply, and shall imply the absolute nullity of the acts concluded by this person." 5. That I am not subject to the prohibitions established in Article 46 of Executive Decree No. 31857 (decreto ejecutivo Nº 31857), Regulation to the INTA Law (Reglamento a la Ley del INTA) which establishes: "It is forbidden to enter into any kind of contract with the Institute for the members of the Board of Directors (Junta Directiva) and all other officials and their relatives up to the third degree of consanguinity or affinity inclusive, as well as for companies of any type in which they have participation or interest. Proven violation of the provisions of this article shall be sanctioned with the immediate dismissal of the offender, without prejudice to any criminal and civil liabilities that may apply, and shall imply the absolute nullity of the acts concluded between the latter and the Institute." I make this affidavit (declaración jurada) aware of the value, scope, and significance of my statements. That is all.
Signature: _______________ It is Authentic (by attorney or notary)