APPLICATION FOR OUR TERMS OF SALES

These Terms apply to all orders placed for delivery to a customer user of our products, materials and accessories in France (place defined by the "delivery address" in the order). Outside (Corsica, DOM-TOM, foreigner), consult us.

Any order placed with the Company (Jacques Boy Institute of Biotechnology - IBJB) automatically entails the full and unreserved acceptance of the client on the following conditions, to the exclusion of all other documents, including catalog, documentation , instructions which have only informative and indicative value not contractual.

No special condition can, except formal and written acceptance of IBJB, prevail over these conditions. IBJB reserves the right to derogate from certain clauses herein in the light of negotiations with the buyer by the establishment of special conditions of sale. Any CGV or purchase contrary to the customer is ineligible for IBJB even when it has been aware.

These Terms and Conditions apply, unless expressly denounced by the Customer by registered letter with acknowledgment of receipt, to any sale made by IBJB during the year 2019.

1. QUOTATIONS

Quotes and price offers are only valid in writing, and sent to the customer or applicant by email. Their validity period is specified on the document. Otherwise, they have a duration of 3 months from the date of their realization.

2. ORDERING PRODUCTS, EQUIPMENT AND ACCESSORIES

All orders must be the subject of a signed customer order form, communicated to IBJB by fax, mail or postal mail. In particular, it must mention: the reference, the quantity, the customer account number, the place if it is different from the billing place, the VAT identification number, the expected delivery times. The customer must also put IBJB in a position to advise him usefully on the conditions of use of products and equipment in particular, by providing all the necessary information to contact him. Any sale is perfect only after the express written acceptance of IBJB. IBJB reserves the right to cancel or refuse any order from a customer with whom there is a dispute, including settlement, concerning a previous order. The customer would then be informed in writing (mail, fax or mail).

3. SUBSCRIPTIONS


Subscription is recommended or necessary for some of our products in Immuno-Hematology and Kleihauer cabinets, due to conservation constraints or manufacturing planning. The products concerned are sent regularly, on dates defined by IBJB according to the references (4 weeks for the IH and the CQI, 12 weeks for the Kleihauer range). The subscription can be subscribed at any time of the year, starts from the date of the closest expedition, and lasts until the end of the current year. The orders transmitted are irrevocable for the customer, except written acceptance of IBJB. Its renewal at the end of the year for the following year is tacit, even if it will be the subject of a prior reminder by IBJB to the client, who can express his wish to terminate it or to cancel it. edit. Its cancellation is done in writing (mail, fax or mail), at least one month before its expiration. Any modification (composition, volume, schedule) is done in writing (mail, fax or mail) at the latest 2 weeks before the next delivery date concerned. For shipments whose amount is less than 30 € HT, an administrative fee of 20 € HT will apply to each shipment. In case of non payment of the invoices of the current subscriptions, IBJB reserves the right to suspend any delivery. For any subscription, only one purchase order will be written in the form of a subscription form. Any order, modification, cancellation will be the subject of a confirmation sent by email by IBJB. By this order is meant any order for our products scheduled deliveries according to the proposed schedule and accepted by both parties, accompanied by the deposit of the possible payment provided on the order form.

4. INVOICED PRICES

The prices indicated are in Euros. The prices invoiced are those in force on the day of placing the order. They are based on items valid on the day of their fixing, such as: raw material prices, exchange rates, taxes and customs duties, etc. IBJB reserves the right to change prices at any time without notice..

5. INVOICING

- VAT - The prices are indicated HT: a VAT of 20% applies (except for the products of human origin: VAT 2.10%) for France, Corsica and DOM-TOM - Management fees - A flat rate of 30 € HT is added to the amount of the order excluding shipping costs (not applicable for orders over 230 € HT) - Prices quoted excluding postage and packing.

6. SHIPPING FEES

Our prices are taken from our stores (ex Works, therefore costs and transport logistics at the expense of the customer) except special conditions. For shipments in France and excluding special conditions specified in our catalogs or expressly granted to our customers, the port is advanced and included on invoice for a total amount of 3% of the total tax excluding the invoice management fees. This amount is previously announced in our quotes. For shipments to areas identified by the carrier as difficult to access in mainland France, Corsica, DOM-TOM and abroad: contact us for a case-by-case study. In any event, in the event that, depending on the destination of the products, a different VAT rate and / or customs duties and customs clearance fees apply to the products shipped, all such charges and taxes would be fully refundable. reported on the invoice and paid by the customer.

7. EXPEDITION

Our goods travel at the risk of the recipient. In case of loss or damage, it is up to the customer to exercise his recourse against the carrier within the time and form provided for in Article L. 133-3 of the Commercial Code. A copy of these reservations should be sent to IBJB. When this is made possible by the carrier, the customer is informed by the latter of the departure of his package by email. The delivery does not imply the transfer of ownership. Any shipment of frozen product is subject to an additional charge to cover specific costs. Rates: contact us.

8. DELIVERY TERMS AND CONDITIONS

From Monday to Thursday, for immuno-hematology products and in stock, any order placed before 15h is entrusted to the carrier the same day and delivered, according to commitment of the latter, the next day before 13h. The delivery time of orders placed on Friday, or concerning products outside IH, or which are no longer in stock, is studied on a case by case basis and communicated to the customer. In any case, delivery times are given for information only and without guarantee. Any dispute must be sent to IBJB within 5 working days of receipt. Delays in delivery do not give the customer the right to cancel the sale or refuse the goods. They may not give rise to any withholding, compensation, penalty or damages. If there is a possibility, at the request of the customer, to reduce the time or to implement more precise temperature or temperature monitoring conditions, a billing supplement will be applied.

9. PAYMENT

Concerning the orders of materials and accessories, IBJB will be able to ask for down payment corresponding to 30% of the price including tax during the taking of order. Invoices are payable cash upon receipt of invoice, by check or bank transfer, and payable within the legal period of 30 days end of month. - CIC (France): IBAN FR7630087337800001960830138 BIC: CMCIFRPP - Kolb (DOM-TOM, export): IBAN FR7613259041531058110020064 BIC: KOLBFR21 The payment will be considered as realized after actual collection of the price. Under no circumstances may payments be suspended or compensated without the prior written consent of IBJB. In accordance with Article L. 441-6 of the French Commercial Code, late payment penalties are due to non-payment on the day following the date of payment shown on the invoices. The rate of these penalties is 20% annual. Late payment penalties are due without the need for a reminder. The fixed compensation for recovery costs, the amount of which is set at € 40, is due automatically to its creditor by any professional in a situation of late payment. In case of late payment, our company reserves the right to suspend, as of right and without formalities, the execution of orders in progress.

10. PROPERTY AND INTELLECTUAL PROPERTY

All our sales are concluded with retention of title. As a result, the goods and materials sold by IBJB S.A.S. remain its property until the full regulation (law of 12/05/80). All technical, commercial and photographic documents given to our clients remain the exclusive property of IBJB, the sole owner of the intellectual property rights in these documents, and must be returned to him at his request.

11. RISK TRANSFER

Upon leaving the products of our stores, the customer will assume all the risks that the products may suffer, or are likely to cause. As a result, the customer agrees to take out insurance covering all of these risks. The customer must always check the parcel on delivery.

12. RESPONSABILITIES

The responsibility of IBJB will not be engaged or any refund or repair requested by the customer, in what capacity and for any damage whatsoever, which would result from any treatment, use, intervention on our products not in accordance with the instructions and documentation accompanying the products. . Similarly, IBJB can not be held responsible for the consequences of non-compliance with the legislation in force regulating the use of the products it markets.

13. UTILISATION DES DONNEES PERSONNELLES

In accordance with the European General Data Protection Regulation (GDPR), information collected about you is subject to computer processing intended solely for IBJB. We use them to implement our collaboration or relationship in the best conditions, in compliance with the standards and regulations that are imposed on DMDIV providers: ISO 13485: v2016, Directive 98/79 / EC and Public Health Code. They can allow us to: - follow and manage the business relationship that unites you to our company: for example, give us the opportunity to contact you easily to advise you, inform about any order binding us, or follow the products you buy especially in the context our responsibilities as a DMDIV provider; another example, the "delivery" contact sometimes requested (last name, first name, telephone, email) is registered on the platform of our partner carrier to send you a mail tracking the package from his departure from our premises; - respond to your requests and active requests, that you send us by mail, fax, mail, via our website, or any other means; - inform you in good time about our news and important information about the products and services of which you would be current or potential buyer; - perform statistical processing on the basis of anonymised information. The only recipient of this data is the IBJB, especially its "technical" and "commercial" services. We will not disclose the contents of your accounts receivable unless we are legally obliged to do so or if such disclosure is necessary to enforce and enforce these Terms or any other agreement, or to protect our rights or those of third parties. Beyond these cases, IBJB undertakes not to communicate your contact information to third parties for commercial purposes. The shelf life of the data concerning you corresponds at least to the duration of the commercial relationship with IBJB, and / or the shelf life of the products purchased, to the extent that IBJB does not need to keep more for a long time for regulatory / legal purposes, in particular to be able to handle a potential reactivovigilance subsequent to your purchase. If this case arises, your data will be kept for this purpose only and will not be used for any other commercial purpose by IBJB or a third party. Since the law "Informatique et Libertés" of January 6, 1978 modified, at any time, you have a right of access, rectification, portability, erasing data concerning you by contacting our head of processing data to This email address is being protected from spambots. You need JavaScript enabled to view it. or 03 26 79 72 72; you can oppose their treatment and have the right to withdraw your consent, within the limits outlined earlier. You have the possibility to lodge a claim with a supervisory authority. More details in our Terms and Conditions for the use of personal data on www.ibjb.fr.

14. FORCE MAJEURE CLAUSE

The occurrence of a case of force majeure has the effect of suspending the performance of IBJB's contractual obligations in terms of manufacturing and shipping. Is a case of force majeure any event beyond the control of IBJB and hindering its normal operation at the stage of manufacture or shipment of products. In particular, cases of force majeure constitute a natural disaster, total or partial strikes hampering the smooth operation of IBJB or that of one of its suppliers, subcontractors or carriers as well as the interruption of transport, supply of energy, raw materials or spare parts.

15. ATTRIBUTIVE CLAUSE OF JURISDICTION

In case of dispute concerning the interpretation and the implementation of the present GTC, only the Court of Reims is competent.

16. TO CONTACT THE SALES DEPARTMENT

The sales department is reachable from Monday to Friday, from 8:30 to 12h and from 13h to 17h30 (16h30 on Friday). Phone: +33 (0) 3 26 79 72 72 - Fax: +33 (0) 3 26 79 72 73 - Mail: This email address is being protected from spambots. You need JavaScript enabled to view it. / This email address is being protected from spambots. You need JavaScript enabled to view it. - Website: www.ibjb.fr - Address : 4 Albert Caquot Lane - F 51868 REIMS Cedex 2.