APPLICATION OF OUR INTERNATIONAL TERMS OF SALES
These International GTS exclusively govern the contractual relations between the customer and the seller. According to the current French legislation, our General Terms of Sale (GTS) are the sole basis for commercial negotiation with our buyers : therefore, and unless they contravene the mandatory rules of the national law to which the buyer is subject, these international GTS apply to all orders placed and delivered in 2019, when the customer placing the order has his headquarters outside of France territory (meaning outside metropolitan France, Corsica, DROM-COM) – the address on the purchase order prevailing. Even without written agreement, any order placed to Institut de Biotechnologies Jacques Boy (IBJB) automatically entails the full and unreserved acceptance of the client, despite any stipulations to the contrary that may appear either in the Buyer’s order forms and terms of purchase, or in any other documents, like catalog, flyers, instructions that only have an informative and indicative role, not contractual. P>
The fact that IBJB does not refer at any given time to one or several provisions of the GTS cannot be construed as a renunciation and the supplier IBJB remains at all times free to demand their strict application. p>
Except with formal and written acceptance of IBJB, no other special or purchase condition may prevail over the present GTS. P>
1. QUOTATIONS AND PRICE OFFERS
2. ORDERING PRODUCTS, EQUIPMENT AND ACCESSORIES
3. SUBSCRIPTIONS
4. INVOICED PRICES
5. INVOICING
- VAT : prices are indicated in euros, net, excluding tax and various rights. IBJB reserves the right to change prices at any time:
*a VAT of 20% applies (except for the products of human origin: VAT 2.10%) for France, Corsica and DROM-COM
*outside France, supplies to taxable companies either outside or intra-Community are exempted upstream
- Management fees - A flat rate of €30 ex VAT is added to the amount of the order excluding shipping costs (not applicable for orders over €230 ex VAT)
- Prices exclude shipping.
6. EXPEDITION
Goods are considered taken from our factory and travel at the risk of the recipient and its carrier. The customer must always check the parcel on delivery and is obliged to provide a copy of the export documents. 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 in the national law or terms of the carrier. IBJB should be informed of those transport damages. In case the delivery address is in metropolitan France, contact us.
Delays, loss or damage 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.
In particular cases, and according to special contractual conditions, the prevailing Incoterms® may be different : that will therefore be the result of a formal and personalised negociation between the customer and IBJB, and specified in a particular contract.
7. SHIPPING FEES
For shipments in metropolitan France (ie excl Corsica and DROM-COM) and excluding special conditions expressly granted to a customer in a dedicated and personalised offer or contract, the transport fee is advanced and included on invoice for an amount corresponding to 3% of the total amount excluding the potential management fees. This amount is previously announced in our quotes.
Any shipment of frozen product is subject to additional charges to cover specific costs. Rates: contact us. 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.
8. EXPEDITION TERMS AND CONDITIONS
In any case, when given, delivery times are for information only and without guarantee; they depend on the carrier’s terms. IBJB engages himself on the expedition date only. If shortened delivery delays or precise / monitored temperatures conditions are needed, the customer may deal the appropriate contract directly with his carrier;
9. PROPERTY AND INTELLECTUAL PROPERTY
10. RISK TRANSFER
11. TERMS AND DELAY OF PAYMENT
Unless stipulated otherwise in our order confirmations, our goods are payable in Euro within 30 days from date invoice. Nevertheless, any new customer will be asked to perform an advance payment (on proforma invoice) before delivery or before the service begins to be performed.
Invoices are payable cash upon receipt of invoice, by either SWIFT transfer to the below designated bank account or by irrevocable documentary credit confirmed by a bank of our choice, and payable within the legal period of 30 days from date of invoice.
>> Kolb: IBAN FR7613259041531058110020064 BIC: KOLBFR21
In case the payment is provided for by a documentary credit or is guaranteed by a standby letter of credit or any other type of security, the order will only be executed upon receipt of notification of the opening of an operational documentary credit without any particular conditions or the issue of a standby letter of credit, bond or guarantee as required.
In accordance with Article L. 441-6 of the French Commercial Code and directive 2011/7/UE for intra-community payments, 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 needing 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.
12. RESPONSiBILITIES
13. USE OF PERSONAL DATA
- manage the business relationship between the customer and IBJB;
- respond to the customer’s requests sent by email, fax, post, via IBJB website, or any other means;
- inform the customer in proper time about news and important information about the products and services that may be of interest for him;
- perform statistical processing on the basis of anonymised information.
The only recipient of this data is the IBJB, especially its "technical" and "sales" services. IBJB will not disclose the contents of the customer’s accounts receivable unless they are legally obliged to do so or if such disclosure is necessary to enforce these Terms or any other agreement, or to protect IBJB’s rights or those of third parties. Beyond these cases, IBJB undertakes not to communicate the customer’s contact information to third parties, especially for commercial purposes.
The shelf life of the data concerning the customer 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 batch recall subsequent to the purchase. If this case arises, the data will be kept for this purpose only and will not be used for any other commercial purposes by IBJB or a third party.
The customer has a right of access, rectification, portability, erasing data concerning himself by contacting the company to This email address is being protected from spambots. You need JavaScript enabled to view it. or +33 (0)3 26 79 72 72; the customer can oppose their treatment and have the right to withdraw their consent, within the limits outlined earlier. They have the possibility to lodge a claim with a supervisory authority.
More details in our privacy policy on www.ibjb.fr14. FORCE MAJEURE CLAUSE
15. ATTRIBUTIVE CLAUSE OF JURISDICTION
The General conditions of sale is executed both in French and English, with the same legal binding force. In the event of any discrepancy between the versions, the French version shall prevail.
16. TO CONTACT THE SALES TEAM
Phone: +33 (0)3 26 79 72 72 - Fax: +33 (0)3 26 79 72 73 - EMail: 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 - Adresse: 4, allée Albert Caquot – F 51868 REIMS Cedex 2
GTS for France are available at : https://www.ibjb.fr/fr/legal/conditions-generales