Terms of Sales

Applicable as of September 1st 2016 (Cancel all previous terms ).

1. General :

Our terms of sales stipulated below are the only ones valid, they prevail over all terms of purchase. They are attached to our commercial offers and form an integral part thereof. They are deemed to be accepted by the buyer when he accepts our commercial offer. Any clause to the contrary must be the subject of a written agreement. They apply in CHF and according to Swiss law for any order issued and/or delivered in Switzerland, and in Euros and according to French law for any order issued and/or delivered in Europe.

2. Termination clause:

In the event of non-compliance by the buyer with the obligations incumbent on him under the terms hereof, any order in progress will be, if it seems to BLANC-LABO, resolved automatically 24 hours after formal notice by registered letter with acknowledgment of Receipt to perform remained without effect and informing of BLANC-LABO's desire to avail itself of this clause, and this without prejudice to BLANC-LABO's right to claim damages in compensation for the loss suffered. The resolution may apply not only to the order in question but also to all other orders in progress, whether delivered or in the process of being delivered and whether their payment is due or not. By express agreement, BLANC-LABO may request interim relief for the return of the goods delivered.

3. Order processing – Prices – Delivery times:

A management fee of 15CHF excluding taxes (€21 in Europe) will be invoiced for any order of an amount less than or equal to 50CHF excluding taxes (€150 in Europe). Our prices exclude departure taxes, and without obligation; those appearing on our catalogues, websites and commercial brochures are given for information purposes only. Our quotes, unless otherwise specified, are valid for one month from the date of dispatch.

The delivery times mentioned on our quotes are given for information only. Any delays can only give rise to cancellation of the sale if the goods ordered are not dispatched within 60 days at the latest following the expiry of the indicative delivery time and only if the buyer notifies BLANC-LABO, 8 days at the latest after the expiry of this indicative period that he intends to exercise this right of rescission. The resolution of the sale cannot give rise to damages. If all the items in the same order are not available immediately, we will ship immediately, unless otherwise specified on the order form, the items available in store.

If, when the equipment is ready to be shipped to the customer, the latter requests a postponement of delivery or installation for more than 2 weeks for your own reasons, Blanc-Labo will invoice the equipment part, without the installation service, if it has been costed and ordered.

Any purchase order issued must be honored in full by the Buyer, once the Order Confirmation has been issued by Blanc-Labo. The Buyer cannot cancel it, except with agreement from Blanc-Labo, and payment of any cancellation costs to the manufacturer, when this is still possible.

4. Transport - Shipping / Receiving - Return of goods:

For Labware products only: if the amount of the order is equal to or greater than 340 CHF (or 340 € in Europe) the products will be packaged and shipped “free of postage and packaging”, to the dock or reception, on the ground floor , without an appointment. Below 340CHF excluding tax (€340 in Europe) a shipping rate of 20CHF excluding tax (€20 excluding tax in Europe) is applied.

For shipments of bulky or fragile goods, such as laboratory furniture, fume hoods, fume cupboards, etc., or for deliveries without docks, reception, or upstairs, postage, packaging and installation costs will be billed. Deliveries by appointment, without prior agreement, are refused and the costs generated would be the sole responsibility of the customer.

In all cases, the transfer of risk on the goods takes place upon dispatch from the warehouses of BLANC-LABO or the manufacturer.

Consequently, the goods travel at the risk and peril of the recipient, it is up to the latter to check, upon receipt, the quality and quantities of goods received by opening the packages if necessary.

In the event of damage or missing items, the customer must make specific reservations on the transport document, he must confirm the damage to the carrier by registered letter with acknowledgment of receipt within three days, non-compliance with these formalities prevents any action against the carrier.

Without prejudice to the above-mentioned provisions, to be made vis-à-vis the carrier, complaints about apparent defects or the non-compliance of the items delivered or items ordered, must be made in writing within 8 days of receipt.

Any return of goods must first be approved by BLANC-LABO. In case of return, a recovery fee of 15% of the said goods will be applied, with a minimum lump sum of 15CHF (15€ in Europe). Repair costs may be charged in the event of deterioration or misuse of the equipment.

5. Payment:

Unless otherwise specified, all orders are payable net 30 days after delivery. Any breach of its obligations will result in the immediate cancellation of the customer's special conditions. Non-payment of the invoice will result, from the day following the due date, in the application of late payment interest on the basis of the legal rate x 3 plus a lump sum compensation for recovery costs of 40CHF (40€ in Europe) .

Any advance payment will not give rise to any discount. Any dispute on an invoicing line cannot result in the non-payment of the entire invoice. Any dispute ultimately proving to be inaccurate will be subject to the application of default interest.

6. Forfeiture of the term of payment:

Any delay in payment entails the payment and full payment of the sums due, even if not due.

7. Penalty clause:

In the event of non-payment(s), the buyer will bear, without formal notice being necessary, the burden of all costs, disbursements, accessories and fees generated by the recovery of the sums due, in particular in the event of recourse to a collection company, a penalty being due in any case by the buyer for unpaid fees and corresponding to 15% of the principal amount due. In addition, legal costs remain the responsibility of the buyer.

8. Retention of title:

BLANC-LABO retains full ownership of the goods until full payment of the invoiced price. Upon delivery to the Buyer's site and until full payment, the Buyer will bear the risk of damage that its goods may suffer or cause for any cause whatsoever. In particular, the Buyer must insure the delivered goods which are on its premises awaiting commissioning and validation, at their purchase value. BLANC-LABO reserves the right to repossess the delivered products until full payment has been made. This resumption is not exclusive of other legal proceedings that BLANC-LABO may exercise.

9. Warranty:

Unless otherwise stipulated, the warranty period for our equipment is twelve months from the date of delivery. The warranty period starts on the day of delivery of the equipment to the customer. During the warranty period, parts recognized as defective by our technical department will be replaced or repaired free of charge; only the cost of return to the workshop or the technician's travel costs will remain the responsibility of the purchaser.

The warranty does not apply in the following cases: replacement of wear parts, breakage, alterations due to use, breakdowns originating from external causes (shocks, overvoltage, condensation, frost, flooding, overheating, transport, shortcomings in the maintenance program recommended by the manufacturer, use other than normal conditions of use, etc.). In all cases, the warranty is limited to the replacement or repair of defective parts, it can in no way give rise to damages.

10. Jurisdiction:

Only Swiss law is applicable to the contractual relationship between the customer and Blanc-Labo SA, for any order issued and/or delivered in Switzerland. The court of Morges is competent for all disputes.

For any dispute concerning an order issued and/or delivered in Europe from Blanc-Labo France, the Commercial Court of Annecy will have sole jurisdiction.