Sales Conditions

These general terms and conditions (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, provides its products. These Terms and Conditions are applicable to any resulting sales contract (hereinafter the “Contract”) between MEDITEST and a client (hereinafter the “Client”). Any order implies the acceptance of these Terms and Conditions, which 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.

All orders must be made in writing and sent to MEDITEST at its headquarters in BUC by fax, postal service, or e-mail. No verbal orders will be accepted.

The Client ensures that the terms of the order are complete and accurate. Orders must mention the references and descriptions from the MEDITEST catalogs and prices. The Client shall ensure that all necessary information relating to the desired place of delivery is communicated to MEDITEST. If a delivery error should occur as a result of imprecision, MEDITEST declines any liability, and any return costs shall be the responsibility of the Client.

Equipment is described in the MEDITEST or manufacturer’s catalog.

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. Prices are in Euros, net, excluding taxes. A list of applicable prices and fees is available upon request from MEDITEST. Elements pertaining to any possible price reductions are communicated upon request.

Shipping costs are the responsibility of MEDITEST for any order delivered within metropolitan France. However, for orders of less than 1000 euros, the Client is responsible for a shipping fee of 15 euros. Any delivery within another country of the European Economic Area shall be billed on a flat fee basis. For any delivery outside metropolitan France and outside the European Economic Area, a specific estimate shall be provided.

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

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. Prices are in Euros, net, excluding taxes. A list of applicable prices and fees is available upon request from MEDITEST. Elements pertaining to any possible price reductions are communicated upon request.

Shipping costs are the responsibility of MEDITEST for any order delivered within metropolitan France. However, for orders of less than 1000 euros, the Client is responsible for a shipping fee of 15 euros. Any delivery within another country of the European Economic Area shall be billed on a flat fee basis. For any delivery outside metropolitan France and outside the European Economic Area, a specific estimate shall be provided.

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

Invoices for delivered goods are to be paid in full, without discount, on or before the 30th day following the date of the invoice. Payment is to be made by check or bank transfer. Any other means of payment must be previously negotiated and accepted by the parties.

 

 

Any late payment shall result in the application of penalties equal to three times the legal interest rate. In addition, in the event of late payment, indemnity fees for recovery costs at a flat rate of 40 euros shall be automatically due (Article D 441-5 of the (French) Commercial Code). When the collection costs incurred exceed the amount of this flat rate indemnity, additional compensation may be claimed upon proof of receipts (Article L 441-6 of the (French) Commercial Code).

Non-payment of all or part of an invoice automatically invalidates the conditions granted and any pending deliveries and occasions the immediate payment of all sums due. Additionally, MEDITEST reserves the right to repossess the delivered material, wherever it may be situated, fifteen days after a formal notice to pay which remains without effect, and this, without affecting the amount of damages MEDITEST can claim.

All material remains the property of MEDITEST until full payment of the principal price and any related accessory fees in accordance with articles beginning at 2367 of the (French) Civil Code, with the understanding that the delivery of a title creating an obligation to pay, bill of exchange or other, does not constitute payment within the meaning of this clause as long as the said commercial paper has not been paid. This stipulation does not prevent the transfer to the Client of various risks, including the risk of loss or damage to the equipment. Therefore, as of the time of delivery, the Client assumes all risks related to the possession, custody and / or use of the products. In case of seizure, or any other intervention of a third party on the equipment, the Client must imperatively and immediately inform MEDITEST. Additionally, the Client is prohibited from pledging or assigning the equipment as security.

The claim by MEDITEST of the unpaid material shall automatically entail the resolution of the sale. All costs of recovery shall be the responsibility of the Client and shall not have any effect on any other claim that may be incurred by MEDITEST.

Delivery 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 purchased equipment. 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.

Purchased goods are guaranteed for a period of one year starting on the delivery date. MEDITEST takes the responsibility to remedy any defects in its devices and reserves the right to repair or replace the defective goods at its expense under the warranty. The warranty does not cover damage caused by:

  • 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.); and
  • any attempt to repair or use the equipment by an unauthorized third party.

Under no circumstances shall MEDITEST pay compensation to the Client, nor will the equipment be refunded. Beyond the warranty period, any request for repair or exchange will be subject to a written fee proposal.

Any complaints relating to the quality of the shipped products 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. No returns will be accepted without the agreement of the Sales Administration Service. Any unauthorized return will be returned at the Client’s expense. If a product is returned, it should be packed in its original packaging, accompanied by a letter of explanation, and related shipping fees will be the responsibility of the Client. Any returned product that is not in impeccable condition (scratches, stains, sticker traces, traces of glue, etc.) will be refused and immediately returned to the Client at the Client’s expense. It is understood that the returned products will then be entirely due for payment by the Client, even in the initial case of a loan. The introduction of a claim does not in any way allow the Client to delay the payment of a sum due.

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.