General Conditions of Sale in English

(Updated on 20/08/2019)

The general conditions of sale described below detail the rights and obligations of DELTA LABO whose head office is based in Vaucluse (84) and its Customer within the framework of the sale of goods and associated services. Any order placed with DELTA LABO implies the adhesion without reserve of the Customer to the present general conditions of sale. No contrary clause can be opposed to us if we did not accept it beforehand in writing. No cancellation of order by the Customer will be able to intervene without preliminary fixing of a compensatory allowance.

Art 1 : Description of the goods

The photos, technical characteristics and prices in our commercial documents and on our website are only given as an indication and may be subject to change without notice from us and can in no case be the cause of complaint, this information being given to us in good faith by our suppliers. All documents established by our company (quotations, verification reports, calibration certificates,…) are the property of DELTA LABO and cannot be disclosed to third parties.

Art 2 : Use

All materials, consumables and reagents that we market are exclusively intended for laboratory use and not for medical use and remain under the responsibility of the user. We remind you that the products marketed by DELTA LABO do not necessarily comply with the French or even foreign pharmacopoeias. Users must in particular comply with the manufacturer’s recommendations for use, particularly with regard to staff safety and hygiene provisions.

Art 3 : Contrat

Art 3.1 : Clause relating to the duration of the negotiations

Our offer is valid for a period mentioned on our commercial proposal from the date of issue of the said proposal (estimate, proforma or other commercial proposal) with the exception of precious metals. After this period, the present offer can only be accepted and binding on the parties after its update by DELTA LABO.

Art 3.2 : Formation of the contract

The contract is formed upon receipt of an order or acceptance of our quotation by the customer by the means of transmission available (fax, mail, e-mail) and these conditions are deemed accepted and validated. Any receipt of order engages DELTA LABO only after written confirmation by our care. In order to avoid any error of delivery, we recommend you to take care of the good drafting of your orders and to use the references, designations, quantity etc… mentioned on our catalogs, tariffs, estimates or commercial proposals.

Art 4 : Prices, transport and insurance

Sale Europe :

Our prices are net, excluding taxes, plus shipping and packaging. Our goods travel at the expense and risk of the recipient without derogation to this clause.

Sale outside the European Union :

Our prices are net excluding taxes. Our goods will be at the expense and risk of the seller or the buyer according to the incoterm in force and negotiated at the time of the sale contract.

The packaging of our goods is subject to the greatest care. The recipient must also take care to check the contents of the various parcels, not to throw the packing without being ensured that it does not close any object (checking of a possible double bottom envisaged for the heavy and bulky objects). DELTA LABO cannot be held responsible for any damage or alteration of quality due to transport. -In the event of damage, the reserves must be established clearly on the delivery order with reception of the goods and in the presence of the conveyor and thus to check the state, the quantity and the contents of the parcels. -The complaints relating to the state of the goods must moreover reach us in the 48 working hours following the delivery, in the contrary case, no dispute could be taken into account.

Art 5 : Deliveries and installations

Deliveries made by DELTA LABO are made on the first floor unless otherwise stated on the contract. Additional charges may be applied in the case of delivery or installation in a location that is difficult to access.

The recipient must ensure that access and installation are feasible according to the technical specifications of the product and the data provided to DELTA LABO. Any additional costs incurred for the proper delivery and installation shall be borne by the recipient.

DELTA LABO shall not be liable for any accidents that may occur to customers or third parties during the receipt, installation, commissioning, use and repair of the goods delivered. All our devices are supplied in 230V 50-60Hz with plugs according to European standards and to the characteristics of the instruments. Different voltage and plug: please consult us.

Art 6 : Return of goods

Upon receipt of the order, the return of materials or consumables is only possible with the written agreement of DELTA LABO and at the expense of the recipient. Chemical products cannot be returned or exchanged. The exchange or return will be validated after an expertise of the returned product. The cost of repairing the product may be deducted if necessary. Returns must be made in the original packaging and will incur restocking fees.

Art 7: Warranty of the goods

The duration of the warranty period is in accordance with the warranty period granted by the manufacturer itself. The warranty is limited to the repair (excluding travel expenses of the technician) or exchange of the product recognized as defective (excluding transport costs related to the return of the goods).

Warranty Restrictions:

  • Use not in accordance with the manufacturer’s instructions,
  • Use and handling in accordance with good laboratory practice (GLP)
    Deterioration due to transport,
  • Overvoltage, even momentary, of the mains,
  • Condensation, freezing, overheating, flooding,
  • Cessation of activity of the manufacturer.

No warranty conditions:

  • Charges of frigorific fluids,

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

  • Blades and similar,

  • Heating resistances and similar,

  • Batteries,

  • Any spare parts and parts subject to wear and tear.

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.

When commissioning the equipment, DELTA LABO recognizes the proper use only of persons trained in the service provided by DELTA LABO.

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: Protection of personal data

In accordance with the « Data Protection Act » of 6 January 1978 as amended and European Regulation No 2016/679/EU of 27 April 2016 (applicable from 25 May 2018), you have the right to access, rectify, have portability and delete your data or limit processing. You may also, for legitimate reasons, object to the processing of your personal data.

See: « Appendix to the General Sales Conditions specific to the GDPR » and available on the website: www.deltalabo.fr

Art 16: Collection and recycling of Waste Electrical and Electronic Equipment (WEEE) for professionals

In accordance with the provisions of the Environmental Code on Waste Electrical and Electronic Equipment (WEEE) (Articles R.543-172 et seq.), DELTA LABO assumes its responsibilities as a Recyclum member, in charge of collecting, depolluting and recycling WEEE within ESR.

The ESR eco-organisation is approved by the Public Authorities. DELTA LABO thus provides its customers with the guarantee of being able to benefit from the collection and recycling service offered by Recyclum for the professional electrical equipment it has put on the market when it reaches the end of its life. DELTA LABO customers have various free solutions to dispose of their professional WEEE:

Voluntary deposits (<500kg or <2.5m3);

Deposit of professional WEEE in one of the 200 professional collection points or one of the 1500 professional distributors of the Recyclum network.

On-site collection (≥ 500kg or ≥2.5m3);

Collection request to be made to Recyclum, in order to set up the appropriate logistics and make an appointment for the collection of professional WEEE on site. Depending on the needs, containers can be made available.

The equipment is then depolluted and recycled in a high performance environmental sector. For more information, visit www.recyclum.com

Art 17 : 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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