GENERAL CONDITIONS OF SALE
ARTICLE 1 – Scope of the conditions of sale
These General Terms and Conditions of Sale apply to the sale or supply of products and materials, from KBS GENETIC, to its customers, unless expressly exempted by KBS GENETIC.
ARTICLE 2 – KBS GENETIC commitment
KBS GENETIC will work diligently to ensure the planned supply of products. However, the company is only bound by an obligation of means and not of results.
ARTICLE 3 – Price
The acquisition of the equipment is carried out in return for payment by the buyer of the price in force on the order date. Our prices are established excluding tax and per unit and are to be increased by VAT at the rate in force at the time of the order.
ARTICLE 4 – Delivery - reservations
4.1. Reception: During deliveries, the customer must carefully check the condition and content of the products, make the reserves of use with the carrier. In the absence of reservations expressly expressed by the customer at the time of delivery, the products delivered are deemed to comply with the order in quantity and quality.
4.2. Deadline: However, the customer has a period of 24 hours from delivery to issue, in writing, such reservations to KBS GENETIC. For this purpose, the customer sends a declaration in due form and will keep all the elements allowing to prove the non-conformity of the delivery to the order.
4.3. Territory: deliveries of purchases made by the customer is only possible on the French territory (excluding Corsica).
ARTICLE 5 – Conditions of payment - penalties
5.1. Our invoices are payable either by credit card or by cash bank transfer. Delivery is subject to full and prior payment of products and materials.
ARTICLE 6 – Force majeure
KBS GENETIC cannot be held liable in the event that the non-performance of obligations results from a case of force majeure. Exceptional weather, natural disasters, attacks, strikes and legal or regulatory restrictions on the supply of products are considered as cases of force majeure.
ARTICLE 7 – Guarantee of apparent and hidden defects for the sale of equipment
7.1. Defects and deterioration of the delivered products following abnormal storage and/or storage conditions at the customer’s premises, in particular in the event of an accident of any kind whatsoever, will not be entitled to the warranty due by our company.
7.2. Under the warranty of hidden defects, our company will only be required to replace free of charge, defective products, without the customer being able to claim damages, for any reason whatsoever.
ARTICLE 8 – Retention of title
KBS GENETIC retains ownership of the products until full payment of the principal and accessory price by the customer (the transfer of ownership of the products to the customer takes place at the time of full payment of the price. However, during the period from delivery to the transfer of ownership, the risk of loss, theft or destruction is the responsibility of the customer). Failure by the customer to fulfil its payment obligations, for any reason whatsoever, gives KBS GENETIC the right to demand the immediate return of the products delivered at the customer’s expense and risk (in the event of a legal remedy affecting the customer, the customer undertakes to establish the inventory of the products for which KBS GENETIC claims ownership. Otherwise, this inventory will be made by bailiff at the customer’s expense. Generally, in the event of late payment, KBS GENETIC may prohibit the customer from reselling, processing or incorporating the products).
ARTICLE 9 – Assignment of jurisdiction - applicable law
9.1. In the absence of an amicable agreement concerning the interpretation or the execution of these general conditions, the courts of Limoges will be the only competent to know any disputes.
9.2. These conditions of sale are subject to French law.