Medic Expert – F 54000 NANCY – +33 9 53 93 28 70
SIRET : 829 641 026 000 10 – TVA : FR 90 82 96 41 026
TERMS OF SALES
1 - Application scope
Mainly these general conditions of export (hereinafter referred to as “CGE”) apply to all deliveries, services and offers of MEDICEXPERT, boulevard of the 26th Infantry Regiment, 54000 Nancy, France, (hereinafter referred to as ” Seller “), provided they have not been modified or excluded expressly and in writing.
All divergent conditions are rejected and are not part of any contract, even if the seller does not declare his refusal expressly and in writing.
2 - Conclusion of the contract, price, packing and packaging fees, shipping, transport insurance
2.1 All the seller offers are without commitment.
If the seller has fixed a period of acceptance in his written and firm offer, the contract is deemed to be concluded, when the buyer before the expiry of that period has sent a written acceptance, as long as this acceptance reaches the seller at least in 3 days after the expiration date set. Contractual content is defined by the seller’s specifications.
2.2 All prices are departing factory from the seller (Exw Incoterms 2010), excluding tax on French value added (see 2.3 and 3.1). Buyers of the European Union must indicate their VAT identification number. when training the contract. Buyers outside the European Union are not charged with French VAT.
2.3 Unless otherwise agreed, the packaging is at the discretion of the seller. The buyer is required to have all the packaging materials.
2.4 Goods are shipped to the charge and the risk and peril of the buyer.
2.5 Auxiliary devices and means delivered must be assembled by the Buyer. If the seller supports assembly and commissioning by express agreement, its general mounting conditions are applicable.
3 - Delivery, risk transfer, declaration
3.1 Unless otherwise agreed in writing, all deliveries will be made exclusively Factory departure from the seller (Exw Incoterms 2010). All agreed divergent commercial conditions will be interpreted in accordance with the Incoterms of the Paris International Chamber of Commerce.
3.2 Partial deliveries are allowed.
4 - Delivery time, delay, cancellation of the contract
4.1 Delivery dates are without commitment and are binding only if they are expressly agreed and in writing. The delivery time begins to run with the sending of the sales confirmation, but before the production of all the documents, licenses, permits and other formalities which are required from the buyer or before the receipt of the agreed installments.
4.2 If the seller is responsible for a delivery delay, the buyer, after 3 weeks of delay – excluding other claims – is entitled to damages – if he justifies that he has suffered damage – For every additional week late delay, payable at a rate of 0.5% – but not exceeding 5% in total – calculated on the value of the portion of the delivery which, because of the delay, can not be used as planned. No. 8.2 applies accordingly.
4.3 If maximum damages depending on the NO. 4.2 are reached, the buyer – after fixing an additional reasonable time combined with the announcement that the acceptance of the delivery will be refused – may notify the seller in writing the termination of the contract for the part of the goods who are delayed, unless the seller delivers before termination.
4.4 If the buyer is late with an essential contractual obligation, the seller is entitled to extend the delivery time according to the delay period. No. 5 applies analogously.
5 - Acceptance of delivery
The Buyer supports all storage, insurance, protective measures, etc., resulting from any delay of acceptance. Without further proof, the buyer must pay per week of delaying damages of at least 0.5% of the value of the order, but not exceeding 5% in total.
The seller may request, by written notification, to the buyer to accept the delivery within an additional time if the buyer did not accept the delivery at the time set for the delivery. Nevertheless, it does not affect the seller’s claim on the purchase price.
After the expiry of the additional period, the seller is entitled to terminate the contract in whole or in part by written notification and to claim damages, including claims for lack to win.
6 - Payment
6.1 Unless otherwise agreed, all payments must be carried out by deposit or by confirmed documentary letter of documentary (or bank guarantee, deposit) at least 6 weeks prior to the date of delivery.
The “uniform rules and practices for documentary appropriations” of the Paris International Chamber of Commerce (ERA 600) are applicable. All payments will be made in Euro regardless of any exchange rate deviation and without any reduction or “Free Pay Office” discount.
6.2 In the event of late payment, the seller is entitled to interest from the date on which the payment was due. The interest rate is up to 8 percentage points at the preferential banking rate of the European Central Bank. The seller can so far suspend the execution of the contract.
If the buyer has not paid the amount agreed within a reasonable additional time not exceeding 1 month after the deadline for payment, the seller is entitled to terminate the contract by written notice and claim compensation for any loss, including claims for loss of profit that it has incurred.
6.3 Solvency, late payment.
If particular circumstances create considerable doubts about the solvency of the buyer, all receivables resulting from the entire business relationship will become immediately due.
The seller is also entitled to demand free payment. The sentence 1 applies accordingly regarding the late payment of the buyer for another contract with the seller.
If the payment staggered is agreed and the buyer delays more than 10% of the purchase price due, the entire purchase price becomes immediately due.
6.4 Customer-specific products may be delivered if the Buyer supports development costs in accordance with a prior agreement. The seller is entitled to require the advance payment of two-thirds of the purchase price for the customer’s specific products or variants, payable no later than 3 weeks before the start of production.
The buyer does not have the right to return these products specific to the customer.
7 - Responsibility for the compliance of goods
7.1 Examination and notification requirement.
After acceptance, the buyer must examine the goods without delay. Therefore, it must respect the recognized standards of the industry. In any case, the Buyer loses the right to avail himself of a lack of conformity of the goods if he does not warn the seller, specifying exactly the nature of the default of compliance, as soon as it has discovered or should have discovered it. After agreement with the seller, the buyer is responsible for obtaining all the evidence.
7.2 Handling and storage.
Proof of neat treatment and adequate and dry storage of the merchandise is incumbent upon the buyer.
7.3 Remedy for defects, substitution delivery.
If the goods do not comply with the contract, the seller may remedy the lack of conformity at first and at its sole discretion within four weeks of the purchase request and, even if the defects are substantial, by repair or SUBSTITUTION DELIVERY.
All repairs must be carried out at the registered office of the agreed sequester in the contract. If the place of this receiver differs from that of the buyer, this must be disclosed to the seller. Otherwise, the latter will not support the costs thus increased.
The buyer – upon reasonable request and according to the seller’s instructions – is required to participate in any repair work against reimbursement of its expenses.
7.4 Prorara reduction, termination of the contract.
If the seller does not remedy in the defect of compliance according to the NO. 7.3 By repair or replacement, the Buyer is entitled to a reasonable proportion reduction in the purchase price. If the lack of conformity is fundamental, the Buyer may set a final period of execution and, after an unsuccessful expiration of this final period, require the termination of the contract.
7.5 The seller is responsible for indirect losses only according to the stipulations of NO. 8.2.
7.6 Usual deviations in trade, changes in construction.
The gaps, which are usual in trade, concerning quantities, measurements, quality, weights, etc. are allowed. The equivalent modifications of construction are reserved.
With respect to customer-specific items and goods provided with specific advertising deviations in the delivery volume up to 10% more or less are reserved.
7.7 Compliance with the seller’s instructions.
The seller’s instructions regarding the subsequent processing, the operation or application of the goods must be respected by the buyer, otherwise the resulting damage must be borne by the buyer.
8 - Responsibility for subsidiary functions, general limitation of liability
8.1 The seller is only responsible for contractual or pre-contractual subsidiary obligations in accordance with the provisions of No. 4, 8.2 and no. 11.
8.2 except as stipulated in the n. 4.2, 4.3 and 7.1 to 7.4, 8, 10 and 11, the seller will not be responsible – without regard to the legal reasons – defects of conformity and damage. This applies to all the damage caused by the defect or the rights of third parties, including the loss of production, profit or other indirect losses, whatever they are, (losses and damage not incurred in the goods delivered themselves).
In case of responsibility for a fundamental violation of the contract, the seller is responsible, also in case of gross negligence, but only for the typical contractual losses that could have been reasonably planned. The seller is in all cases responsible, however, of serious negligence, of guarantees particularly rendered, of fraud, of damage caused guilty to life, body or health or if there is a responsibility for physical injury or Damage to private objects under French or foreign laws on product liability. .
9 - Tools, plans, sales equipment, secret
9.1 All rights relating to the drawings, drafts and plans of the seller, in particular the patent, copy and invention rights remain the property of the seller. All sales materials such as catalogs, samples and sample books, price lists, etc. which have been made available to the buyer, remain the property of the seller and will be returned to the seller on request.
9.2 All documents relating to an offer, such as images, drawings, weights, measures, capacities or data on other qualities and other information on contractual products and services, are mandatory than Approximate way. All property rights and copyright concerning the seller’s information – also in electronic form – remain the property of the seller.
9.3 The Contracting Parties agreed to keep secret all the commercial and technical details of their mutual activity – if they were marked as secrets or if the interest in confidentiality stems from the circumstances. This also applies to the elements mentioned in the n. 9.1 and 9.2, which should also not be disclosed or made available to a third party.
9.4 The Contracting Parties shall also ensure that their subcontractors be subject to the same confidentiality obligation as set out in NO. 9.3.
10 - Non-execution, impossibility, disability
To the extent that the seller is unable to deliver in whole or in part, the buyer may terminate the contract by written notification to the seller with respect to the party that is not delivered unless the acceptance of an execution partial is an unreasonable demand. . Numbers 8.2 and 11 apply accordingly.
11 - Act of God
11.1 Each Party shall not be responsible for the non-performance, if the execution is prevented by circumstances independent of the will of the party or in particular by one of the following circumstances:
fire, natural disasters, war, seizure, requisition, prohibition of export, embargo or other measures of the authority, general scarcity of materials, restrictions on the use of energy, industrial conflicts or if a breach of contract of sub- treating is caused by such circumstances.
11.2 Each Party may, by written notification, terminate the contract if the execution is prevented for more than 6 months according to the NO. 11.1.
12 - Duration of the prescription
All the Claims of the Buyer based on a defect of compliance with the contract will be limited in time and prescribed within 12 months of the transfer of risks (n ° 3).
The liability of the seller is limited to any defect of conformity appearing within this period.
This does not affect the legal limitation in the time of claims, which occur according to the NO. 8.2.
13 - Retention of title and property
13.1 All delivered goods remain the property of the seller until all his purchase price complaints resulting from the underlying contractual relationship are fully paid, to the extent that this retention of title is valid under the law. applicable.
If the validity of the retention of title is subject to particular conditions or regulations in the country of destination, the buyer is responsible for respect and compliance with these conditions or regulations. He will inform the seller. All bills of exchange or checks are deemed to be executed only at receipt of the full payment.
13.2 The buyer will help the seller take all necessary measures to protect the property and the title of the seller on the product in the country concerned.
The buyer will inform the seller of any danger regarding the ownership of the seller. This applies in particular to the disposals of third parties or the measures of authority.
13.3 The seller – after reminder – is entitled to terminate the contract and to resume any merchandise delivered subject to property after an unsuccessful expiration of a reasonable additional time notified to the buyer, if the buyer does not fulfill his contractual obligations, especially in case of delayed payment. The seller is not obliged to set an additional time in case of legal exceptions.
13.4 The Buyer will at its expense the goods delivered against theft, fire, water damage and other risks for the duration until full payment.
13.5 If the value of all securities exceeds the value of all receivables guaranteed by more than 10%, the seller will renounce, upon request, at his discretion.
14 - Liability under the Medical Products Act
Contractual partners must pay all the responsibilities and obligations resulting from Directive 93/42 / EEC on medical devices, Directive 98/79 / ECVDD on in vitro diagnosis and national processing acts for their field. Mutual responsibility, such as market respect, mutual information and follow-up of products delivered to the final consumer.
15 - Miscellaneous
15.1 All rights and obligations of either party are not transferable, with the exception of purchase price complaints to the seller’s banks.
15.2 The modifications, amendments or other subsidiary agreements to the present CGE are required in written form.
15.3 Any contract concluded in this CGE will remain valid although unique conditions are or become invalid.
15.4 Only the buyer has the right to compensate the claims or to suspend the contractual enforcement of claims that have not been refused by the seller or who have been awarded by the courts.
15.5 Registered trademarks, trade names, marketing, industrial property of the seller.
Only with the prior written consent and only in the interest of the seller, the buyer is authorized to use or register trademarks, commercial names or other signs of the seller.
15.6 Industrial property of third parties.
The buyer is responsible for the industrial property rights of third parties are not violated because of its instructions concerning forms, measurements, colors, weight, etc. At its request as part of any dispute against third party claims based on the infringement of the aforementioned industrial property rights.
16 - Compliance with the law
The seller is responsible for compliance with the French regulations in force, which is decisive unless otherwise agreed and for the export of products manufactured in France. The observation and implementation of the applicable foreign trade legislation (eg import or foreign exchange licenses, etc.) and other laws outside of France are the obligation of the buyer.
17 - Place of execution, resolution of disputes, court competent, law applicable law
17.1 Any dispute occurring on the occasion of this contract, its interpretation, its execution or its resolution shall be subject to a pre-mediation procedure conducted under the auspices of the International Arbitration Chamber of Paris in accordance with its settlement of mediation- Conciliation. In case of failure of mediation, the dispute will be resolved by arbitration under the aegis of the International Arbitration Chamber of Paris in accordance with its regulations, that the parties declare to know and accept.
The headquarters of the arbitration is set at 54000 NANCY; France. The language of arbitration is French.
The mediation and / or arbitration costs defined by the general scale of the International Arbitration Chamber of Paris will be settled by the losing party.
17.2 All disputes arising from or in relation to contracts under these CGVs shall be definitively settled at the headquarters of the seller, without recourse to the courts, in accordance with the rules of arbitration of the International Chamber of Commerce, Paris, by one or more arbitrators designated in accordance with these regulations. The losing party, as determined by the arbitrators, will pay all the reasonable expenses incurred to the winning party in relation to such a dispute. The place of arbitration is 54000 Nancy, France.
17.3 Instead, the arbitration tribunal provided for in No. 17.2, the competent State courts for 54000 Nanct, France, will make final and binding decisions concerning disputes with the buyers of the European Union or Iceland , from Norway and Switzerland.
17.4 In all cases, the seller is also entitled to invoke the state courts of the registor’s head office.
17.5 All contracts concluded under this CGE shall be submitted to the United Nations Convention on International Contracts of Goods (CISG) of 11.04.1980. The right of substance and subsidiary proceedings is that in force at the head office of the seller.
18 - Data Protection Act, General Regulations on Data Protection (GPDR)
To the extent that personal data are processed by the seller in the context of the contractual relationship or in preparation for the contract, the seller will treat them solely in the context of the legal provisions, in particular in accordance with the provisions of the General Regulation on the protection of the protection of the law. Data (RGPD) and EU law on the adjustment and implementation of data protection.
The seller will process the personal data of the buyer that the seller obtains from the buyer or any third party in the context of the preparation and execution of the contract. These are usually coordinates (name, address, telephone number, e-mail address), bank details and payment transactions (bank, account coordinates, payment reference, credit card information if applicable) , information from sources accessible to the public, information from databases and credit agencies (for example, Internet, Trade Register, rating agency) and other data that the buyer freely provides to the seller.
The seller will send the personal data of the buyer to the public authorities / public bodies to the extent required by the predominant legal provisions.
Where applicable, the seller will forward the buyer’s personal data to the companies of the sales group of the seller and external service providers. The latter can be located outside the European Economic Area and not have the same level of protection of personal data. In such a case, the seller will ensure that the transmission takes place only in compliance with the statutory provisions.
The buyer has the right to obtain information on his personal data stored by the seller, to rectify personal data stored inaccurately or to modify his consent to processing activities at any time, also without indicating reasons, effective For the future, to revoke it, restrict the processing of its personal data in the future, opposite or demand the deletion.
The buyer has the right to file a complaint with a data protection authority. The competent supervisory authority for the seller is the responsible for the protection of data and freedom of information.
LEGAL NOTICE
General informations
At MEDICEXPERT, the protection of personal data is very important. We treat them confidentially and only on the basis of the legal provisions.
In this privacy notice, we inform you of the most important aspects of data management as part of the Medicapert management system in combination with its website.
Purpose of treatment & legal basis
Your personal data will be used in our management system in which our commercial contacts are stored. This allows us to offer personalized support for the needs of our customers.
We safeguard personal data because of the legitimate interest in optimally informing our prospects and customers about our products and benefits and implement customer contracts.
We remember that any data transmission on the Internet (that is, an email conversation) may present vulnerabilities. Full data protection against possible access does not exist.
Responsible organization
The body responsible for data processing on this home page is :
MEDICEXPERT
Boulevard du 26ème Régiment d’Infanterie,
F – 54000 NANCY
Phone : +33 9 53 93 28 70
Email : admin@medicexpert.fr
Revocation of your consent to data processing
Many data processing activities require your explicit consent. You can revoke an existing consent at any time. An informal email message is sufficient. The legality of data processing done until the revocation is not affected by the revocation.
Information, blocking, deletion
In accordance with the provisions in force, you have at any time the right to obtain free information about your safeguarded personal data, their origin and recipient as well as the purpose of data processing and you can influence their correction, blocking or erasure. For this as well as for other questions about the theme “Personal Data”, you can contact us at any time at the indicated address.
If you find that your right to confidentiality is violated, you can also use the data protection authority of your country or other data protection supervisory authority within the EU.
An overview can be found under:
http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm
Right to data portability
At your request, the data that we are dealing with automatically according to your consent or in execution of a contract can be transmitted to yourself or a third party in a standard-readable standard format. If you need the direct transfer of data to another responsible person, this only happens if it is technically possible.
Contact form
If you contact us using one of the contact forms available on our website, your data, including the contact details provided by you, will explicitly be used to process your request or your order and will be registered for any follow-up questions. . We will not share this information without your consent.
The processing of the data entered in the contact form takes place without exception on the basis of your consent. You can revoke this consent at any time. An informal message by e-mail is enough. The legality of data processing done until the revocation is not affected by the revocation
Registration on our website
To use more features, you can register on our web page.
All the personal data you transferred, MedicaExpert will keep them only for the time and purpose of your interest.
After your successful registration, MedicaExpert can use your personal data to contact you.
Treatment and storage of data
(customer data / contract data)
We collect, treat and use personal data only, to the extent necessary for reasoning, content design or the change of legal relationship (personal inventory data). Personal data will only be retained as long as a customer relationship exists.
In carrying out a contract between the client and medicaext, the personal data will be saved as long as we are obliged because of the legal obligations of storage, declaration and documentation.
The collected customer data will be removed after the end of the business relationship. Legal conservation deadlines, however, remain unchanged.