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Terms and conditions

by Frédérique Foudrinier last modified 31-08-2016 11:25

General conditions of services from BRC Toxoplasma


1. Scope         
These conditions shall apply to all products and services provided by BRC Toxoplasma to a purchaser (hereafter called “recipient”), comprising strains delivery, genotyping, strains or derived products in particular amounts or stage, and deposit (hereafter called "products" and "services"). These conditions presuppose that the recipient is a legal entity validly established under the applicable laws, and its connection to BRC Toxoplasma is within the scope of its trade, business or profession. These conditions shall apply to each individual contract between BRC Toxoplasma and a recipient. BRC Toxoplasma does not accept any terms and conditions contrary to these conditions, except if such terms and conditions have been expressly accepted by BRC Toxoplasma in writing. Any such acceptance shall apply only to the contract at issue, and in particular not to any past or future supplies or services. The acceptance of supplies and services are classified as acceptance of the present conditions.
2. Order conditions      
Recipient must complete the “order form” which is submitted to the scientific committee of BRC Toxoplasma. The scientific committee is susceptible to require more informations from the recipient before to pronounce its advice. The BRC Toxoplasma is able to supply its services only when scientific committee has agreed to, and the written signed form has been received.
3. Availability and prices       
Prices are determined to cover strain maintenance and disposable charges, without any profit for BRC Toxoplasma . BRC Toxoplasma reserves the right to cancel availability of products or their delivery conditions without prior notice.
4. Shipping     
BRC Toxoplasma organizes package and shipping at recipient's expense. Recipients are warned that the delivery of strains in dry-ice is restricted, see the list of countries available on english/shipping-services/service-options/dangerous-goods.html (link to FedEx). If the country of destination is not supplied, recipient can choose its own courier transport towards BRC Toxoplasma. BRC Toxoplasma reserves the right to refuse the delivery if transport conditions are not consistent with these terms. Deliveries are subject to different national and international regulations. Recipient is responsible for enquiring actual national regulations of its country, especially about products of risk group 2 and dry-ice. BRC Toxoplasma assumes no liability for recipient’s violation of laws or obligations of the countries that the products go across, nor for lost of viability of the biological material due to transport damage or delay. Recipient is responsible for consulting import restrictions.
5. Restrictions of use 
Recipient assumes that the products will be used for the sole scientific project described in its request. Recipient is not allowed to distribute or pass to third parties. Publications or communications about BRC Toxoplasma products must cite BRC Toxoplasma according to the terms of the contract of delivery. In case of depositor property rights, recipient may only use the products after written acceptance of any limitations imposed upon BRC Toxoplasma by the depositor.
6. Liability
Products supplied by BRC Toxoplasma are for scientific and in vitro use only. Recipient has to ensure that the received biological material will be processed by qualified agents in an appropriate laboratory environment, with containment methods of risk group 2. BRC Toxoplasma assumes no liability for damage or injuries resulting from improper handling of the products delivered, or of manufactured products from them.
7. Warranty    
Recipient is aware of the products being biological material and therefore subject to alteration. Recipient has to inspect products immediately after arrival. Any damaged or missing product has to be reported to BRC Toxoplasma without delay. Otherwise, if growth capability is not achieved within 6 weeks from the date of delivery, recipient has to inform BRC Toxoplasma. If claim is considered valid, BRC Toxoplasma will propose replacement, or substitution by an equivalent material, free of charge.
8. Deposit       
BRC Toxoplasma assumes no liability for lost of the biological material or its viability. Biological material being deposited and associated documentation will be treated strictly confidential. BRC Toxoplasma examines carefully the depositor’s informations relative to deposit but assumes no liability for correctness of them.

9. Terms of Payment
All invoices shall be paid upon receipt of invoice references. All products and services are billed based on the price list prevailing at the time of acceptance of the order by BRC Toxoplasma . Any taxes and duties payable on the date of invoice shall be added to the prices indicated in any publication or price list. 

10. Amendments and Modifications  
BRC Toxoplasma reserves the right to amend or modify these conditions by unilateral notice with proactive effect.

11. Disputes    

All contracts and these conditions shall be governed by the laws of France. All disputes arising under or in connection with contracts or these conditions shall be submitted exclusively to the competent courts.


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