GENERAL SALES CONDITIONS
By agreement between the parties, SensoStat’s General Conditions of Sale govern the contractual relations between the parties.
SensoStat agrees to provide the services in accordance with these Terms and Conditions and accordingly, all service offers or tenders and all contracts, agreements or other agreements resulting therefrom will be governed by these Terms and Conditions, except as expressly and expressly the quote or proposal sent to the client. The latter renounces any clause defined in its general conditions of purchase that would be contradictory to the following General Conditions.
OBJECT
When an estimate or a proposal of technical services are established by SensoStat, they constitute the special conditions that modify and supplement these “General Conditions”. The period of validity of the offer is fixed in these conditions and the contract is concluded for the duration stipulated in them. Any modification must be the subject of a written agreement signed by the Customer and SensoStat.
SENSOSTAT OBLIGATIONS
SensoStat undertakes to implement the necessary means, in accordance with the “rules of the art” and described in the specifications, to carry out the execution of the service. He can only be held responsible for cases of proven negligence.
If SensoStat expresses reservations about any deficiencies concerning the requested analyzes, it can’t be held liable in case of maintenance of the request by the Customer.
The responsibility of SensoStat can’t, under any circumstances, be sought beyond 50% of the total amount inclusive of the service. The responsibility of SensoStat can’t be sought for any indirect damage resulting from the execution of the Service.
CUSTOMER OBLIGATIONS
The Customer shall ensure that the necessary products and information are transmitted in a timely manner to SensoStat to enable it to perform the service.
He must fulfill all his obligations under the relevant sales contract, otherwise SensoStat will be relieved of any obligation to the Customer.
SAMPLES AND PRODUCTS SUBJECT TO TESTING OR ANALYSIS
The Customer is responsible for the conformity and representativeness of samples and products subject to the performance of services.
Except in the case of a sample taken by SensoStat, the Customer must make available to SensoStat, free of charge, the samples and products necessary for the performance of the service. Shipping costs are the responsibility of the Customer.
For any reshipment of samples and products upon express request (mail or mail), transport costs, insurance and packaging are charged extra.
The products supplied by SensoStat will be billed including purchase costs and time spent on purchases.
For sensory tests carried out on samples and products supplied by the Customer, the latter guarantees to SensoStat that it provides products that are completely harmless for SensoStat, its employees, consumers and, more generally, for anyone who manipulates them for the needs of a service. The Customer warrants SensoStat against any recourse that may be exercised against him in the event of direct or indirect damage caused by the handling, ingestion or use of the products supplied.
In this context, the Customer agrees to:
- Provide SensoStat with a document to ensure that the tested product is safe for consumption;
- Provide SensoStat with any precautions and recommendations associated with the tested products. The Customer undertakes to specify to SensoStat contraindications for the health of certain categories of people (for example, presence of allergens).
CONFIDENTIALITY
SensoStat undertakes to keep confidential any information it knows about the activity of the Customer, unless expressly authorized by him. This obligation of confidentiality will remain as long as the information is not disclosed in the public domain.
Unless expressly requested by the Customer, SensoStat reserves the right to quote the Customer’s name in the context of its commercial publications.
Property of the results:
The transfer of ownership and the right to use our products, software, equipment, software, work, analysis reports is subject to full payment of their price.
Unless specifically requested by the Customer, SensoStat reserves the right after full payment to retain, use and publish any analysis results in an anonymous manner and that does not identify the Client.
FINANCIAL CONDITIONS, POSTPONEMENT OR CANCELLATION
In payment of its services, SensoStat will collect the sums of which the amounts and the terms of payment are fixed in the conditions appearing in the estimate.
When ordering, SensoStat can issue a 50% deposit invoice, payable upon receipt. The balance is paid by the Customer 30 days after the billing date, net and without discount.
In the event of late payment, the Customer shall be automatically liable for a penalty calculated on all outstanding sums resulting from the application of a rate equivalent to 3 times the legal interest rate.
Any cancellation made by the Customer after receipt of his / her agreement will be billed by SensoStat to the Customer for the full amount of the Study. Any delay in the delivery of the products resulting in the postponement of the land (including sensory analysis sessions) or any study carried out at the customer’s request less than 8 working days before the scheduled date of the tests, may cause SensoStat to invoice the Client compensation amounting to 30% of the total amount HT of the Study, which can in no case be less than 1500 € free of charge.
LITIGATION
These “General Conditions” and the contracts concluded with the “Customer” are governed by French law. Any dispute that can’t be settled amicably will be the exclusive jurisdiction of the commercial court in whose jurisdiction is located the headquarters of SensoStat, even in case of multiple defenders.