Unless otherwise stated, all sales transactions are expressly subject to these Terms and Conditions. Modifications or additions will be recognized only if accepted in writing by AFFINISEP. Provisions of Buyer’s Purchase Order or other documents that add to or differ from these Terms and Conditions are EXPRESSLY rejected.
Quotation and Published Prices
AFFINISEP’s quotes are subject to confirmation after reception of orders from clients. Orders are only binding for AFFINISEP, if AFFINISEP has confirmed it or complied with the order by sending the goods.
Quotations automatically expire 30 calendar days from the date issued unless otherwise stated in the quotation. Quotes are subject to withdrawal by notice within that period. Prices shown on the published price lists and other published literature issued by AFFINISEP are not offers to sell, and are subject to change without notice.
All purchases of products by the client shall be evidenced by a purchase order. By placing a purchase order, the client confirms their agreement with and acceptance of all the provisions of general conditions of sale. Any change or modification to the AFFINISEP’s purchase orders processing will require a written agreement of AFFINISEP. Any order placed by the client, is concluded only after confirmation by AFFINISEP in the form of an acknowledgment of receipt of order.
AFFINISEP reserves the right to refuse any purchase order for legitimate reasons. The client may cancel purchase orders, reduce quantities, revise specifications or extend schedules only by mutual agreement with AFFINISEP.
AFFINISEP prices are in Euros and “ex works” Le Houlme /France, unless otherwise specified in the order confirmation. Dispatch and transportation are always at the expense and risk of the client. VAT is listed separately for sales inside France.
- The purchase price is payable upon receipt of the invoice and/or goods, unless otherwise specified in the order confirmation. AFFINISEP reserves the right to ask, in particular, new clients for payment in advance before delivery.
- Discounts are only permissible if they are agreed upon in writing by AFFINISEP or if they are expressly noted on the quotation by AFFINISEP. An essential precondition for any discount is the settlement of all other payables of the client in a business connection which is older than 30 days.
- Additional fees of 2% per month (26.8% per year) will accrue on all accounts past due. If any payment is in default and it becomes necessary to hire a recovery agency or a lawyer, the client accepts to pay, in addition to the outstanding balance, recovery fees equal to 20% of the balance in capital and interests.
- Delivery dates indicated in the contract documents are approximate and are based on prompt receipt of all necessary information regarding the product covered by the contract. AFFINISEP will use reasonable efforts to meet the indicated delivery dates, but cannot be held responsible for its failure to do so.
- In the event of any delay in delivery caused by the Buyer, AFFINISEP can store and handle all items ordered at Buyer’s risk and will invoice Buyer for the unpaid portion of the contract price, plus storage, insurance, and handling charges. The invoice will be payable in full within 30 days from the invoice date, unless otherwise expressly agreed to in writing by AFFINISEP.
- AFFINISEP will not hold orders unless specifically approved. AFFINISEP has the right to make partial shipments and bill for those shipments; the buyer will make payment in accordance with the terms mentioned in this policy.
Modification of products
During the execution of the order, AFFINISEP can make changes to products made necessary by compelling circumstances, including in particular the change of technical standards or methods of manufacture or the entry into force of laws and regulations, without affecting the essential characteristics of the products involved in that order.
Guarantee on products
AFFINISEP ensures that the delivered products have the characteristics agreed in the order confirmation. AFFINISEP’s responsibility cannot be retained toward a product:
- if the product is not in compliance with its specifications for reasons that are not attributable to AFFINISEP;
- if the default affecting the product comes from a product modification at the initiative of the client;
- if the default affecting the product comes from a normal wear and tear, a negligence, a default in maintenance or a misuse storage from the client;
- if the period of use of the product has expired;
- if the default affecting the product comes from a Force Majeure case.
For any defective product or recognized nonconformity for other reasons than those stated previously, AFFINISEP can, at its choice and, excluding any other compensation:
- either replace the product without expenses for the client;
- or, if the sale price has been settled, refund to the client the sum already paid and corresponding to the product.
No claim from the client is acceptable beyond a one year delay after the delivery date of the product concerned by the claim.
AFFINISEP’s Customer Service is available to assist the client at any time should a problem arise with their order. The client should inspect the packages immediately upon receipt of the goods and notify AFFINISEP within the next two (2) business days of any damage and/or discrepancies. Should a product be sent to the client incorrectly or by mistake, as the result of an error on AFFINISEP’s part, AFFINISEP will take quick and appropriate action to correct the problem at no charge to the client.
In order to maintain the quality of our products and to continue to provide competitive prices, some products may not be returned for credit. AFFINISEP will not grant credit for:
- Shelf-worn, used or defaced products;
- Products which are personalized or customized;
- Products which have been discontinued;
- Products not directly purchased from AFFINISEP.
Prior to any return, an authorization and a return material authorization number must be obtained from AFFINISEP Customer Service. Shipping instructions will also be provided at this point. The client has 30 days from the issuance of that to return the goods. Returns made without an authorization number will not be accepted and will be returned to the Buyer.
Returns are subject to a 50% restocking and/or disposal fee.
Intended use of the goods – Obligations of the client – Liability
- As far as AFFINISEP has to make a delivery promise depending upon the intended use for certain products, the client is liable for any disadvantage which might accrue from details which are unfounded by AFFINISEP. For toxins and other substances, the use of which may only be executed within the scope of legal or official provisions, the client’s order also serves as a statement that these substances should be used for a permissible purpose in the preceding terms. The consumers of AFFINISEP’s products are obliged to adopt the good practice of laboratory or the laboratory directives of the professional association. The consumers must read all documents delivered with the products for an appropriate use. Private clients may not be supplied with chemicals.
- AFFINISEP’s products are used and tested exclusively for laboratory purposes. Before use thereof for another purpose, especially in medicine or in food or luxury foodstuffs processing, they must be rechecked by the user for their compatibility in relation to this. Consequently, AFFINISEP can not assume liability for this use.
- The client is not entitled to resell the products sold.
Retention of title
AFFINISEP reserves the right to ownership of the purchase item until all payments from the delivery contract have been received. In the event of improper conduct on the part of the client in particular in the event of payment arrears, AFFINISEP is entitled to have stipulated a reasonable time-frame, to take back the purchase item. By AFFINISEP taking back the purchase item, the contract is withdrawn. AFFINISEP is authorized, following the withdrawal of the purchase item from its use, to credit the exploitation proceeds against the liabilities of the client less reasonable costs-in-use.
All products are sold for laboratory or manufacturing uses only and are not intended for human, drug, food additive, clinical or household uses. Only professional laboratory staff should handle AFFINISEP’s products.
Use of client data
AFFINISEP is entitled to, within the scope of the legal provisions, collect, save and process client data within the company.
Place of jurisdiction for all disputes arising from the contract is Rouen, France.