General terms of sale

1. GENERAL CLAUSE

These general terms apply to all services provided by EQUIBIOGENES to its customers, unless special conditions have been agreed with the customer. By placing an order or sending samples to EQUIBIOGENES, the applicant ipso facto fully accepts these terms. The applicant’s own conditions are deemed null and void. Any exception or derogation, even partial, requires prior written agreement.

2. EXECUTION OF ORDERS

EQUIBIOGENES endeavours to carry out orders to the best of its knowledge and ability.

To this end, every sample must be accompanied by a request, which serves as an order form, correctly completed and duly signed by the authorised ordering party. It is important to check that the information provided is accurate. This applies in particular to the name, the identification number (SIRE or other) and the transponder number (or tattoo) of the sampled animal.

We must be able to count on the full and fair cooperation of our customers, mainly in the supply of good-quality samples and complete, accurate information on the animals concerned.

The name of the organisation or person who will receive the result and the invoice must be clearly indicated. By signing, the applicant undertakes to comply with these general terms of sale. The invoice will be made out as requested by the subscriber, and it is for the debtor to pay it.

Likewise, the customer must have samples taken according to EQUIBIOGENES’ specifications using the material provided free of charge. This material remains the property of EQUIBIOGENES and is sent on simple request by telephone or email. The customer must send the samples in compliance with the international regulations and/or standards in force for the transport of biological material. EQUIBIOGENES is not responsible for breakage or loss during transport.

3. SUBCONTRACTING

EQUIBIOGENES may subcontract all or part of its analyses, on a regular or occasional basis.

4. EXECUTION TIMES

The time period starts on the day the samples are received at the laboratory. Unless a deadline is expressly agreed or imposed, EQUIBIOGENES is only required to carry out orders as far as it is able, within the most reasonable time. These times are indicative, and any delay cannot be considered grounds for termination or for disputing the price.

5. RESULTS

Results will be sent to the organisation or person indicated on the analysis request, by post or electronically in PDF format, together with the paid invoice. They may however be sent separately by electronic means, provided that the contact details are stated on the analysis request. Only a result officially communicated by post or email is considered the reference document and may be used for any transaction or as proof of possession of the results. Duplicates may be sent on written request from the original ordering party. The ordering party is the sole owner of the information obtained through delivery of the results. EQUIBIOGENES undertakes not to pass the results on to third parties or organisations.

6. INCOMPLETE REQUEST

EQUIBIOGENES may refuse to process a request and/or to analyse samples that it deems non-compliant in terms of quality, quantity or packaging.

7. PRICES

The prices quoted are EXCLUDING TAX. The VAT applied will be the rate in force at the time of invoicing. EQUIBIOGENES reserves the right to change its prices at any time, it being understood, however, that the catalogue price on the day of the order is the only price applicable to the buyer. The prices shown include order processing, transport and delivery costs.

8. PAYMENT TERMS

Services must be paid for in full at the time of the order, without discount, by cheque, bank transfer, money order or in cash. Analyses are not started without the corresponding payment. The paid invoice is sent to the customer with the results.

By way of exception, and with EQUIBIOGENES’ agreement, some services will be subject to an accepted order and invoiced during or after the analyses. In that case, invoices are payable on receipt. Except in exceptional cases, no result is released until the services have been paid for. A fixed recovery indemnity of €40 will apply, plus late-payment penalties at one and a half times the legal interest rate at the time the invoice is issued. Penalties are counted per month of delay, a part month being due in full. The penalty is calculated on the total amount excluding tax due, until the date on which the full amount including tax has been paid. The penalty defined above is subject to VAT.

9. LIABILITY

EQUIBIOGENES’ liability is limited to the analytical service on those samples only.

EQUIBIOGENES shall not disclose to third parties, without prior agreement, any information concerning the samples entrusted to it and the results of the tests carried out on them. The staff of the company and of the subcontracting laboratory are bound by a written commitment to professional secrecy. Unless otherwise agreed, the analysis results provided to the customer by EQUIBIOGENES are for private, individual use. However, the anonymous results of analyses carried out at the laboratory may be used for studies, research, publications, editions and broadcasts. Any commercial use, or any use other than the customer’s personal use and research work, is prohibited without EQUIBIOGENES’ agreement.

EQUIBIOGENES accepts no liability for any unlawful use that may be made of the documents it issues.

10. APPLICABLE LAW

Only French law applies. Failing an amicable agreement, any persistent dispute falls under the exclusive jurisdiction of the Commercial Court of CAEN, even in the case of multiple parties. EQUIBIOGENES nevertheless reserves the right to bring proceedings before any other court in France.

11. TERMINATION CLAUSE

Should one party fail to perform its obligations, this agreement will be terminated automatically in favour of the other party, without prejudice to any damages that may be claimed from the defaulting party. Termination takes effect fifteen days after a formal notice has been sent and remains unanswered.