Instructions concerning contracts

Basic principles

To protect EPFL’s interests, the drafting of any contract binding EPFL to a third party must comply with certain principles.

These principles govern both the formal aspects of the contract—such as EPFL’s address2, the capacity and number of signatories, or the language of the contract—and its content, including the mandatory clauses, in particular:

  • The number of original copies
  • The date and duration, termination and renewal
  • Status (is it an amendment to an existing contract?))
  • Financial clauses
  • Rights and obligations of parties
  • Reporting
  • Exclusion from liability (for research contracts)
  • Application of Swiss law and place of jurisdiction set as Lausanne.

Contract communication and filing procedures must also be followed.
Any deviation from these principles must be objectively justified.
Employment contracts between EPFL and its staff or faculty members must comply with the requirements set out in the “Human Resources” chapter and are governed by LPers (RS 172.220.1) and OPers-EPF (RS 172.220.113).

2. The registered address for EPFL to be included on all contracts is: Bâtiment CE – 3.316, Station 1, CH-1015 Lausanne.

Responsabilities

It is recommended that the relevant EPFL services be consulted for the drafting of all new contracts. These services are listed in the “Advice for Day-to-Day Business” and “Contact” sections below.

Contracts shall be approved by the competent persons prior to their signature. The matrix of roles and responsibilities (Annex 3 of the EPFL Financial Regulations) indicates, by contract category, the competent persons. The rules concerning signatory rights for contracts can be found in the EPFL Financial Regulations (see Art. 34 and thereafter) and in the EPFL Directive on Grants, Research Contracts and Technology Transfer (see Art. 15 and thereafter).

The person responsible for the contract must assess whether data protection clauses are required. In this regard, it is recommended to contact the Data Protection Office.

Further informations 

The EPFL Legal Affairs may be contacted for all further information regarding the principles listed above and for all problems encountered within the context of their application. All requests for exemption from the basic principles outlined in this chapter must also be addressed to the EPFL Legal Affairs.

Legal basis

Advice for day-to-day business 

Upon drafting a contract, consultations must be conducted with the services concerned (e.g. TTO, VPF, VPA, VPO, Deans).

Contact

Simon Brunschwig
Director of Legal Affairs
Tél. 021 693 73 87
[email protected]

Contracts relating to training and research

Melissa Magnenat
Head of Legal affairs education & research
Phone 021 693 70 23
[email protected]

 

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