General Terms and conditions of Sale
1. APPLICABLE RIGHT
The customer recognizes and agrees that these Terms and Conditions (below “Terms”) govern all relations with the company CRYOPEP and they supersede the terms of any purchase by the customer. Any additions, modifications or deletions made to these Terms and Conditions of Sale shall be null and void unless approved in writing by CRYOPEP. The failure or delay of CRYOPEP to enforce any of these Terms and Conditions of Sale shall not be deemed to be a waiver by CRYOPEP of any such terms. The parts shall designate by common agreement the French law as the only law applicable to contractual relations between CRYOPEP and his customer, and that the exclusion-specific provisions of the Vienna Convention.
It is made of jurisdiction to the courts of Montpellier, which have exclusive jurisdiction, regardless of the nature, cause and location of the
dispute and which may be the special conditions of sale, even in the case of appeal or multiple defendants. Our deliveries, our belongings, our acceptances regulations do not constitute either novation or derogation from the jurisdiction clause.
The order is final only if the order is received in the form of a letter, fax, email or through a recognized CRYOPEP website online ordering system and has references to the designation of products ordered, of quantity, price, and the identification of the customer’s signature and only after acceptance of such order by CRYOPEP.
4. DELIVERIES TIME
The delivery time is at least 24 to 72 hours and in any event, time that could be communicated to the customer by CRYOPEP are given only for illustrative purposes and do not constitute a commitment on CRYOPEP. They begin to run until all specifications are finalized by mutual agreement and that any payments have been paid by the customer CRYOPEP. CRYOPEP will not be obliged to pay any compensation or damages whatsoever for any delay in delivery due to the carrier or other third parties, and in cases of force majeure, in particular in case of strikes, social unrest,
adverse weather conditions, etc.
5.DELIVERY – SHIPMENTS
For France and Benelux: shipments are carriage paid when the net amount of the order exceeds one thousand two hundred EUR (€ 1,200). For orders of less than one thousand two hundred EUR (€ 1,200) excluding VAT, transport costs of fourty EUR (€ 40) will be applied. Transport costs are increased by an additional fourty EUR (40 €) if the products are shipped frozen.
For all other countries: shipping costs will be calculated based on the actual shipping costs with insurance. Transport costs are increased by an additional fourty EUR (40 €) if the products are shipped frozen.
No product returns are accepted by CRYOPEP without prior written authorization.
6. PRICE AND BILL
The price of the products ordered is the one in force at the date of the order for the calendar year, or if the date of delivery thereof to the customer’s request, is subsequent to the date of entry into force of the new rate.
Invoices are payable upon receipt unless prior written agreement CRYOPEP. Payment is made at the address overleaf and failing that, to our headquarters. The financial cost of any delay in payment or deferment is charged by right, without the need of a formal notice at the rate of one and a half times the legal rate of interest. This interest is due from the first day of delay. Effective 1 January 2013, a new fixed penalty will be due the creditor right, without the need of a formal notice to any payment made after the due date. Decree 2012-1115 of October 2, 2012 fixed this late penalty to 40 €. However, if the recovery costs incurred would be higher, CRYOPEP may, upon justification, claim a lump sum later.
Our products are guaranteed for one year from the date of delivery, unless otherwise stated, against any manufacturing defect or malfunction of the product with the exception of any incident due to normal wear and tear, due to handling or not in accordance with requirements contained in the documents and manuals delivered with the product or, more generally, for any abnormal operation or handling. The warranty covers the exchange of defective parts by CRYOPEP. This warranty does not cover glass parts. It does not include either the consequences of a possible detention of personnel or equipment or any other direct or indirect consequence of the failure of all or part of the products. This warranty begins on the date of delivery of the products. The interventions by CRYOPEP under this warranty do not have the effect of extending. CRYOPEP’s responsibility is expressly limited to the warranty specified above and can in no way be held liable due to accidents to persons and things. CRYOPEP is not responsible for damage to customer property used for business purposes. In no event shall the responsibility of CRYOPEP exceed the price paid by the customer for the products concerned. The guarantee is removed and CRYOPEP is relieved of all responsibility when the product has been altered or modified, where the damage is due to negligence, improper storage, improper use, failure to follow instructions contained in the direction insert or if the customer does not meet its contractual payment obligations.
9.RETENTION OF TITLE
It is expressly agreed that CRYOPEP retains ownership of the goods to the order, until full payment of the price in principal and interest, the delivery of effects or other instrument creating an obligation to pay does not constitute a payment. CRYOPEP reserves the right to either initiate litigation as defined in paragraph 10 is to solve right sale 15 days after notice by registered letter with acknowledgment of receipt unsuccessful.
In this case the customer must return the products purchased CRYOPEP.
In case of bankruptcy of the customer, products of the order may be asserted under the provisions of the Commercial Code. Products designated above remain the property of CRYOPEP until full payment of the price, it is expressly forbidden to the customer pledge or otherwise dispose of, to sell or transform. In case of seizure by third parties on these products, the customer is obliged to immediately inform CRYOPEP.
Any complaints should be addressed to CRYOPEP within 2 days from the date of actual receipt. In case of default of payment of any invoice resulting from the use CRYOPEP litigation, it is applied as damages, an amount equivalent to 20% of the unpaid, in addition to legal fees and financial charges defined paragraph 7. In the event of a dispute concerning the interpretation of these Terms, the French version of the said Conditions shall be considered.