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GENERAL SALES CONDITIONS

(in force as from 02/11/2013)

 

The general sales conditions set out hereunder itemize the rights and obligations of DELTA LABO whose head office is based in the Vaucluse, France and their Client within the framework of an associated sale of goods and services. Any order passed through DELTA LABO implies the adhesion with no reserve on behalf of the Client to the present general sales conditions. No contrary clause may be held against us unless we have accepted it previously in writing. No cancellation of orders by the Client may take place without fixing a compensatory indemnity.

 



Art.1: Description of the goods

The photos, technical techniques and tariffs of our commercial documents and our web site are given as an indication and may be the object of modifications without notice on our behalf and may in no case be the cause of any claim, as this information is given comes from our suppliers. All documents established by our company (estimates, reports of verification, certificates of calibration…) are the property of DELTA LABO and shall not be disclosed to third party.

 

Art. 2: Use

All material, consumables and reactives that we commercialize, are exclusively destined for use in laboratories and not at all for medical use, and remain under the responsibility of the user.

We remind you that the products commercialized by DELTA LABO are not necessarily in conformity with French pharmacopeia, or foreign ones.  The user shall in particular respect the recommendations of use of the manufacturer, in particular concerning the staff security and the dispositions relative to hygiene.

 

Art. 3: Contract

 

Art. 3.1: Clause relative to the period of negotiations

Our offer is valid for the period indicated in our commercial proposition starting at the date of emission of the said proposition (estimate, pro forma or other commercial proposition) with exception made for precious metals. Once this period over, the present offer shall no longer be accepted or link the parties, until it is updated by DELTA LABO.

 

Art. 3.2: Development of the contract

The contract is developed at the reception of the order or acceptance of our estimate by the client by the means of transmission at hand (fax, post, e-mail) and the present conditions have been accepted and validated. DELTA LABO is only commited, after confirmation in writing by them, to any reception of an order.

 

 

Art. 4: Price, transport and insurance

Sales within Europe: Our prices are net before tax; transport and packaging are in addition. Our goods travel at the charge and risks of the consignee with no exemption to this clause.

Sales outside Europe: Our prices are net before tax. Our goods are at the charge and risk of the seller or the purchaser according to the Incoterms in force at the time of the sales contract.

 

The packaging of our goods is the object of the greatest care. The consignee shall also verify the contents of the different boxes carefully, not to throw away the packaging before being certain that nothing is left inside (verify that there is no double bottom for heavy and voluminous objects).DELTA LABO’s responsibility shall not be put in cause for any damage or alteration of quality coming from the transport.

- In the case of damage, any reservations shall be established clearly on the goods’ delivery form and in the presence of the transporter, and also the verified state, quality and contents of the box.

- Claims relative to the state of the goods shall be sent to us within 48hours working days following the delivery; on the contrary, no contesting shall be taken into consideration.

 

Art. 5: Delivery and installation

Deliveries by DELTA LABO shall be made on the ground floor unless contrary notification is established in the contract. Supplementary expenses may be applied in the case of a delivery or installation on premises with difficult access.

The consignee shall ensure that the access and installing are feasible according to the product’s technical specifications and the data supplied to DELTA LABO. The supplementary expenses generated by a good delivery and set-up remain at the charge of the consignee.

DELTA LABO’s responsibility shall not be engaged for accidents which could be caused by the clients or by third party during reception, installation, putting into service, use and repairing of the delivered goods.

All our apparatus are supplied in 230V 50-60Hz with a standard European plug. For different voltages and plugs, please consult us.

 

Art. 6: Return of goods

At the reception of the order, the return of the material or consumables only takes place after written consent from DELTA LABO and is at the charge of the consignee. The chemical products may not be the object of any return or exchange. Exchange or return shall be validated after expertise of the returned product. Expenses for repairing may be demanded. Return has to be made in the original box.

 

Art. 7: Guarantee of the goods

The length of the guarantee period is in conformity with the guarantee period granted by the manufacture themselves. Guarantee is limited to the repairing (before the technician’s expenses) or the exchange of the product acknowledged faulty (before expenses of the goods’ return).

Restrictions of the guarantee:

·          Use not in conformity with the manufacturer’s notice,

·          Damage consecutive to transport,

·          Overvoltage, even brief, from the mains,

·          Condensation, freezing, overheating, flooding,

·          Cessation of the manufacturer’s activity.

 

No conditions for guarantee:

·          Charges of frigorific fluids,

·          Glass work, including lamps, tubes, thermometers and electrodes,

·          Blades and similar,

·          Heating resistances and similar,

·          Batteries,

·          Any spare part.

The purchaser shall not, except written consent from DELTA LABO, do, or have done repairs by third parties.

All guarantees are excluded concerning the replacement or repairs resulting from the normal use of the material, human incidents, natural catastrophes, damage from negligence, non specified use of the goods without consent on our behalf.

 

Art. 8: Repairing, up-keep, contract of maintenance

Any intervention of Customer Service shall take place after acceptance of an estimate established by DELTO LABO. In the case of refusal of the estimate, the return expenses of the goods and other possible expenses shall remain at the charge of the client.

The up-keep and maintenance contracts do not extend the manufacturer’s guarantee.

 

Art. 9: Obligation of assistance

The Client shall provide DELTA LABO with all the necessary information for the good realization of the training service, putting into service and the metrological verification under optimal conditions. DELTA LABO reserves the right to modify the period of fulfillment initially provided at the order.

 

Art. 10: Modalities and periods of payment

·          The mode, period and means of payment are specified in DELTA LABO’s commercial offer.

 

Art. 11: Lateness of payment

In the case of total or partial failure of payment, the client shall pay DELTA LABO a lateness penalty. This penalty, of a sum at least the equivalent to 1.5 times the rate of legal interest in force, is calculated on the amount of the sum remaining due, and shall run ipso jure as from the date of the term of the price with no prior notice being necessary.

 

Art. 12: Clause of property reserve

·          Sales in Europe: as from delivery, the storing expenses and risks for the goods are transferred to the purchaser.

·          Sales outside the European Union: Our goods are at the charge of the seller or the purchaser according to the Incoterms in force and negotiated in the sales contract.

·          In conformity with the terms of Law 80.335 of 12th May 1980, the ownership of the sold goods is ours until effective payment of the totality of their price in principal and accessories, until then the purchaser shall have the quality of depositary of the unpaid goods.

·          Does not constitute a payment in the sense of this present clause the transfer of a title creating an obligation to pay (bill of exchange or other).

·          Failure to pay any one of the installments may bring about a claim on the goods.

 

Art. 13: Resolutive clause

If the Client has not paid the remaining due sum within fifteen days following the setting-up of “Art. 11 – Lateness of payment”, the sale shall be annulled ipso jure and may open the right to damages for DELTA LABO.

 

 

Art. 14: Clause of exemption

DELTA LABO’s responsibility shall not be engaged if the non-fulfillment or lateness of the execution of one of their obligations described in the present general sales conditions comes from a case of force majeure.

On this account, force majeur shall be any exterior, unforeseen and uncontrollable event in the sense of Article 1148 of the French Civil Code.

 

Art. 15: Applicable law and competent jurisdiction

Any dispute which may arise from this present agreement shall be subject to mediation of which the organization shall be entrusted to the Avignon Mediation Center (Centre de Médiation d’Avignon). This organization shall name a mediator for the parties’ acceptance. In the case of refusal by one of the parties to present themselves before the mediator or in the case of failure of the meditation, the parties recover all their rights to act before the law.

In the case of legal procedure, the competent tribunal is in Avignon.



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