GENERAL TERMS OF SALE
Clause No. 1: Purpose and scope
These general terms and conditions of sale (GTCS) form the basis of commercial negotiation and are systematically sent or handed to each buyer to enable them to place an order.
The general terms and conditions of sale described below detail the rights and obligations of the CyRISBio company and its customer in the context of the sale of laboratory consumables.
Any acceptance of the quotation/order form including the clause "I acknowledge that I have read and accept the attached general terms and conditions of sale" implies the buyer's unreserved acceptance of these general terms and conditions of sale.
Clause No. 2: Price
The prices of the goods sold are those in force on the day the order is taken. They are denominated in euros and calculated exclusive of tax. Consequently, they will be increased by the VAT rate and transport costs applicable on the day the order is placed.
The CyRISBio company reserves the right to modify its prices at any time. However, it undertakes to invoice the goods ordered at the prices indicated when the order is registered.
Clause No. 3: Discounts and rebates
The prices quoted include any discounts and rebates that CyRISBio may grant on the basis of its results or the buyer's assumption of responsibility for certain services.
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Clause No. 4: Discount
No discount will be granted for early payment.
Clause No. 5: Payment terms
Payment of orders is made:
- or by bank transfer;
- or by credit card;
- If applicable, indicate the other means of payment accepted.
Payments will be made under the following conditions:
- Payment within 30 days of receipt of goods .
or
- Payment at 45 days end of month following invoice date .
or
- Payment within 60 days of invoice date .
Clause No. 6: Late payment
In the event of total or partial non-payment for goods delivered on the due date, the buyer must pay CyRISBio a late payment penalty equal to three times the legal interest rate.
The legal interest rate retained is that in force on the day of delivery of the goods.
As of January 1, 2015, the legal interest rate will be revised every 6 months (Ordinance n°2014-947 of August 20, 2014).
This penalty is calculated on the amount including VAT of the sum still due, and runs from the due date of the price without the need for any prior formal notice.
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In addition to late payment indemnities, any sum, including the deposit, not paid on its due date will automatically give rise to the payment of a fixed indemnity of 40 euros due for collection costs.
Articles 441-10 and D. 441-5 of the French Commercial Code.
Clause No. 7: Resolutory Clause
If, within fifteen days of the implementation of the "Late payment" clause, the buyer has not paid the sums still due, the sale will be cancelled by operation of law and may give rise to the right to the allocation of damages to the benefit of the CyRISBio company.
Clause No. 8: Retention of title clause
The CyRISBio company retains ownership of the goods sold until full payment of the price, in principal and accessories. In this respect, if the purchaser is the subject of receivership or compulsory liquidation, CyRISBio reserves the right to claim, within the framework of the receivership proceedings, the goods sold and remaining unpaid.
Clause No. 9: Delivery
Delivery is carried out:
- or by direct delivery of the goods to the buyer;
- or by depositing the goods at the place indicated by the buyer on the order form.
The delivery time indicated when the order is placed is given as an indication only and is in no way guaranteed.
As a consequence, any reasonable delay in the delivery of the products shall not give rise to:
in favor of the buyer.
- the award of damages;
- cancellation of order.
The risk of transport is borne entirely by the buyer.
In the event of missing or damaged goods in transit, the buyer must make all necessary reservations on the order form upon receipt of said goods. These reservations must also be confirmed in writing within five days of delivery, by registered mail addressed to the company.
Clause No. 10: Force majeure
The CyRISBio company may not be held liable if the non-performance or delay in the performance of any of its obligations described in these general terms and conditions of sale arises from a case of force majeure. As such, force majeure is defined as any external, unforeseeable and irresistible event within the meaning of article 1148 of the French Civil Code.
Clause No. 11: Jurisdiction
Any dispute relating to the interpretation and execution of these terms and conditions of sale shall be subject to French law.
Failing amicable resolution, the dispute will be brought before the Saint Genis Laval Commercial Court: Tribunal de commerce Lyon 69000