Sales Conditions

These general terms and conditions for the provision of services (hereinafter “Terms and Conditions”) are intended to outline the conditions under which MEDITEST, registered in the Registre du Commerce et des Sociétés de Versailles (Register of Commerce and Companies of Versailles) under the number 329 991 079, carries out its provision of services as ordered by a client (hereinafter “the Client”). These Terms and Conditions are applicable to any resulting service contract (hereinafter the “Contract”) between MEDITEST and the Client. These Terms and Conditions prevail, unless otherwise agreed, over all purchase and / or supply conditions or any other document provided by the Client. These Terms and Conditions may, however, be subject to negotiation. The Client acknowledges and agrees that these Terms and Conditions constitute an indivisible contractual document set with all contractual documents having been negotiated and duly accepted, in application of the provisions of Article L. 441-7 of the (French) Commercial Code, which may include the exceptions negotiated by the parties.

MEDITEST has developed expertise in metrology for low-energy X-ray calibration, photometry, and electrical quantities. MEDITEST performs the calibration of equipment provided by the Client in accordance with the rules of the trade, in strict compliance with applicable regulations and standards (hereinafter “Services”).

All Services orders must be formulated in a written Contract or purchase order which must be returned to MEDITEST at its headquarters in BUC, by fax, postal mail, or e-mail.

No verbal orders will be accepted. In the case in which a Services order is made by purchase order, this order form must precisely and accurately mention the references of the equipment to be calibrated and, if necessary, any particular specifications required by the Client.

The Client must communicate all information and documentation necessary in order for MEDITEST to carry out the Services.

MEDITEST may, at any time, refuse to provide the Services if it considers that certain conditions necessary for performing these Services are not fulfilled, particularly if the said conditions are related to security.

If, while the Services are being performed, it is determined that there is a need for additional services, in particular to comply with applicable security standards, MEDITEST shall inform the Client, who must consent to the additional services by fax or e-mail. In the absence of the Client’s consent to these additional services and if MEDITEST considers that the Services cannot be performed in accordance with the rules of the trade in the absence of these additional services, MEDITEST reserves the right to refuse to perform the Services.

Services are performed on MEDITEST’s premises, located at the following address: 184 rue Tabuteau, Zone d’Activité, 78530 BUC, France.

The transportation of equipment onto the MEDITEST premises is the responsibility of the Client.

Prices, expressed in Euros, are firm and cannot be revised provided that the order reaches MEDITEST before expiration of the validity period indicated on the quotation or of the current price. A list of applicable prices and fees is available upon request from MEDITEST. When appropriate, this list is added as an appendix to the Contract between MEDITEST and the Client.

Shipping costs are the responsibility of MEDITEST for any order delivered within metropolitan France. Any delivery within another country of the European Economic Area will be billed on a flat fee basis. For any delivery outside metropolitan France and outside the European Economic Area, a specific estimate will be provided.

Taxes applied are those in effect at the time of billing.

Depending on the market, MEDITEST reserves the right to request the payment of a deposit at the time of the order as well as down payments as Services are being carried out.

Unless otherwise stipulated in the Contract, payment is to be made by check or bank transfer within thirty (30) days of receipt of invoice.

In the event of delayed payment or non-payment of an invoice, MEDITEST reserves the right to modify the previously accepted payment conditions, without possibility of dispute or recourse by the Client.

When a payment is late, partial, or unpaid by the due date, an interest rate equal to three (3) times the legal interest rate in force may be claimed, fixed every day, not including non-opening days or bank holidays, from the first day of delay, except in cases in which payment postponement has been requested by the Client and accepted by MEDITEST. A flat compensation fee of forty (40) euros per invoice may be applied. This amount could increase if MEDITEST determines that incurred recovery costs exceed the flat fee.

The reception of material is auxiliary to the Services performed by MEDITEST and is in the sole interest of the Client. Upon reception, a notice of reception is drawn up indicating the condition of the material. Any deterioration noted on the equipment at the time of reception is mentioned in this document, to which photos or any other files illustrating the condition of the material may be annexed, if necessary.

In accordance with Article 1927 of the (French) Civil Code, MEDITEST will treat the received material with the same care that it does with its own material. In accordance with Article 1933 of the (French) Civil Code, MEDITEST must return the Client’s material in the same condition as it was in when it was received. As such, any deteriorations in equipment that MEDITEST has not occasioned are the responsibility of the Client.

Unless otherwise stipulated in the contract, service execution times are indicative only. Delays occasionally occur, and they cannot in any circumstances justify the cancellation of the order by the Client nor any request for compensation.

 

Under no conditions shall MEDITEST be responsible for the delay in the delivery of equipment resulting from a case of “force majeure” as defined in Article 1218 of the French Civil Code nor from the Client’s inability to transmit appropriate delivery instructions to MEDITEST which are adequate, relevant, or sufficiently specific to enable the delivery of the equipment.

MEDITEST takes charge of all transport operations required to ship the equipment provided to MEDITEST back to the Client.

The transfer of risk to the Client takes place on the date the Client receives the material. The carrier’s delivery receipt acts as proof of delivery.

It is the Client’s responsibility to carry out the inspection of the goods upon receipt and to accurately mention the appropriate reserves on the carrier’s delivery note, then to notify that service by registered letter with acknowledgment of receipt within 48 hours of the reception of the goods. If this procedure is not followed, the Client rescinds all rights to make any kind of relevant claim against MEDITEST.

In the situation in which the Client takes charge of the equipment transport operations, the transfer of risks to the Client takes place on the date the carrier takes charge of the equipment on the MEDITEST premises.

MEDITEST guarantees the Client that Services are performed in accordance with applicable standards and contract reviews provided by ISO 9001 and ISO 17025 standards.

At the time of equipment delivery, MEDITEST shall provide the Client with a calibration certificate or verification report designating the calibrated instruments and detailing the calibration conditions, the procedure or reference of the procedure implemented, and the results obtained.

The MEDITEST guarantee is limited to the Services and cannot extend to the indemnification of any damage or any expenses resulting directly or indirectly from a manufacturing defect or from a malfunction unrelated to the execution of the Services.

The warranty does not cover damage caused by, in particular, incorrect use, not in accordance with the rules and recommendations expressed in the manufacturer’s instructions for use; any use not provided for in the instructions for use; reasons not related to the equipment itself (such as poor electrical installation, electrical surge, lightning, water damage, etc.); or any attempt to repair or use the equipment by an unauthorized third party.

To invoke the guarantee, the Client must notify MEDITEST of any defects he or she attributes to the Services as soon as they have been detected and provide all justifications to confirm the existence of such defects. The Client must give MEDITEST full freedom to proceed with the authentication of these defects and to remedy them.

Any complaints relating to the service performed must be notified to MEDITEST in writing within ten days of the date of delivery. In the event of a justified claim, MEDITEST’s liability will be limited to the guarantee stipulated in the “Warranty” section.

In the event of a dispute or a disagreement that cannot be resolved amicably, regardless of its level of significance, the Tribunal de Commerce de Versailles (Commercial Court of Versailles) holds the sole jurisdiction in the matter.

The laboratory is responsible for managing all information obtained or generated during its activities. If any information is to be made public, the laboratory will inform the client in advance of its intent and of the information concerned by that intent. With the exception of information made public by the client, or of cases agreed upon between the laboratory and the client, all information is considered proprietary and treated as confidential. Laboratory activities are carried out impartially, and they are structured and managed in such a way as to preserve impartiality.