GENERAL CONDITIONS OF SALE ANALYSIS SERVICES
Article 1: Scope-Opposability
Acceptance of the terms of this document constitutes a contract. Any order implies on the part of the applicant full and complete acceptance of the conditions described in this document. Any request for specific service conditions not falling within the scope of this document is the subject of a written contract in agreement between the Client and the Company.
Article 2: Orders
Any product order or analysis request gives rise to the publication of an “Order form” including the list of products requested and these GCS, in paper (mail) or computer format, via email or via the website www. .adnucleis.com . The order form includes, in addition to the order, the acceptance by the customer of the performance of the analysis by the AD Nucléis laboratory. The Order Form containing the acceptance of the GCS by the customer is returned to AD Nucléis in paper or computer format by email to firstname.lastname@example.org accompanied by direct debit(s). The Customer benefits from a withdrawal period until receipt of the samples sent by consent to AD Nucléis for analysis. A Quotation may modify or supplement the T&Cs and will therefore constitute special conditions. Each order is treated individually, a condition specific to a previous order will not be applied to subsequent orders. The performance of the services can only begin after receipt of the Purchase Order accepted by the Customer and after receipt of the samples. The Customer authorizes the AD Nucléis Company to subcontract the execution of the order by a subcontractor of its choice provided that it is informed and has given its prior agreement to the subcontracting. Requests for services must be the subject of a written and explicit request, specifying the request for analysis, the recipients of the analysis, as well as the name and billing address. The content and identification of the samples are the responsibility of the customers. Once the direct debit has been registered under the references provided by the Customer, no changes will be made. The analytical results produced by the laboratory as well as any comments relate to the object provided by the applicant. The samples are taken to the laboratory or sent by carrier. Transport costs are the responsibility of the Customer. The stability of the direct debit upon arrival at our premises is the responsibility of the Customer. The laboratory keeps the samples for 6 months after the date of analysis before destroying them, except under special conditions.
Article 3: Description of the Service
When an analysis request is issued, it is automatically implied that a contract has been signed with AD Nucléis; the latter can then carry out the analyzes as usual and reserves the right to choose the most appropriate analysis method to best respond to the request made. Specific requests concerning the method, the material, will be the subject of a preliminary study and a formalized written agreement during the review of the contract. The analysis service includes the performance of analyzes and the transmission of analytical results, knowing that the use of these results is the responsibility of the Client who will implement, under his sole responsibility, the measures he deems appropriate. When the laboratory does not have the necessary means to carry out an analysis or when it is not able to carry out the
analyzes requested, it may have recourse to subcontracting.
Conditions of realization, methods of analysis, transmission of results
To. Sample supplies:
The samples to be analyzed are taken by the Client under his full responsibility. In this regard, the AD Nucléis laboratory draws the Customer’s attention to the determining impact on the feasibility of the analyzes by the laboratory: of the sampling conditions and procedures, of the quality and representativeness of the samples. The laboratory makes available to the Customer on simple request from him, the recommended sampling methods. The Customer undertakes to provide the Company, in writing, with all useful information concerning safety and security, transport and disposal of the sample as well as all known or suspected characteristics of toxicity, contamination, flammability , the risk of sample explosion. He will opt for appropriate labeling of the sample for its transport.
b. Identification and transmission of samples Samples submitted for analysis at the AD Nucléis laboratory must be in good condition, have the minimum size necessary for carrying out the analyzes and must be clearly separated and identified by the Customer. Any transmission or remittance must be accompanied by an analysis request form containing all the administrative and technical information necessary for the execution and invoicing of the analyzes ordered. In the event of a quality defect in the samples submitted, the order will be rejected; the duly informed Customer may send a new direct debit. The deadlines for carrying out and transmitting the results of the analyzes are given by the laboratory only as an indication and according to its workload plan. Exceeding these deadlines cannot give rise to the benefit of the Customer in any damages, withholding, or cancellation of the order in progress.
vs. Carrying out the analyzes and transmitting the results:
The laboratory will carry out the analyzes according to the usual method corresponding to each type of analysis ordered, in application of the operating procedures developed by the laboratory. The analysis reports are sent on paper (mail) and/or electronically to the attention of the staff and/or designated Customer representatives. The Company may also provide advice, information, information and assistance in interpreting the results on request. However, the exploitation of the results is the sole responsibility of the Client, who alone implements the measures he deems appropriate.
d. GDPR: Data Processing Information
The information collected about you is processed for AD Nucléis.
AD Nucléis is responsible for processing your data within the meaning of the “Informatique et Libertés” law and the European data protection regulations (GDPR). The contact details of the data controller and the DPO (Data Protection Officer):
Mr. Pascal FRANCK 24B rue du Stade, 69290 GREZIEU LA VARENNE email@example.com
Your data is collected for the following purposes: The proper fulfillment of your requests,
the proper performance of service operations, sales or purchases, the management of your customer or supplier account: contact you then issue the following documents: quote, order form, delivery note, transport note, invoice, and general accounting; the performance of statistical studies for internal use and the performance of internal research and development at the AD Nucléis laboratory. The recipients of this data are: AD Nucléis internal services. Your data may also be passed on to third party organizations listed below:
The accounting firm, the legal firm, the insurance companies, the certifying bodies under contract with AD Nucléis, the French state bodies. You can object to this at any time by contacting the DPO.
Your data is kept on the Ad Nucléis laboratory management system for 10 years for commercial operations data from the last use in accordance with the obligations of the Commercial Code and 3 years for personal data (prospects, contacts) from the last exchange (inactive people) in accordance with the right to be forgotten.
You can request access to your data, the rectification of inaccurate or incomplete data and under certain conditions, the erasure of these as well as a limitation of processing. You can also object to the processing of your data for legitimate reasons.
You can object to the processing of data concerning you and have the right to withdraw your consent at any time.
You can exercise these rights either with the Data Protection Officer (DPO): by post to the following address: AD Nucléis 24B Rue du Stade, 69290 GREZIEU LA VARENNE, or by email to the following addresses: firstname.lastname@example.org . Any request to exercise rights must be accompanied by a copy of an identity document bearing your signature and indicating the address of the AD Nucléis site.
Upon receipt of AD Nucléis, a period of one month to process a simple request and three months for a complex request (for example in the event of a request for all of its data).
If you believe, after contacting us, that your rights to your personal data are not respected, you can file a complaint with the CNIL.
e. Reiteration of the analysis
The Customer will have 8 days from the date of receipt of the results to file a complaint. The Company may only repeat the analysis if it has samples in sufficient quantity and if the retention periods are compatible with this request.
Article 5: Deadlines
The delivery and analysis times are given for information only on the quotes and other commercial documents and do not constitute a commitment on the part of the Company towards these customers.
Article 6: Ownership of samples
The Customer remains the owner of the direct debits. The Client authorizes the AD Nucléis Company to use the samples free of charge for the purposes of additional analyzes (epidemiological studies for example); he will specify in his order whether, after the analysis, the sample must be returned, destroyed or stored, the Customer bearing the full financial burden of the choice made. The Company can in no way be held responsible in the event of deterioration of the sample. For any return of a sample, made at the request of the Customer, the transport and packaging costs are the responsibility of the Customer. In the absence of precision by the Customer, the sample or its biological derivatives will be kept for a period of 6 months. At the end of this period, the sample or its biological derivatives may be destroyed without prior agreement with the Client.
Section 7: Compliance
The Customer must ensure the regulatory compliance of his sample with the laws and regulations in force on the date of shipment (marking of dangerous and toxic products, marking of contaminated biological materials).
Article 8: Complaint
Customers can report their observations and complaints to AD Nucléis. These are recorded in the form of a complaint form, which triggers the implementation of corrective actions that feed the continuous improvement process initiated by operation under quality assurance.
Article 9: Warranties and Responsibilities of the Parties
AD Nucléis will be bound by an obligation of means in order to carry out the analysis services. The AD Nucléis Company is free to choose and modify the techniques, methods and processes necessary for the production of the products or analyzes subject to acceptance by the Customer in the event of a change in relation to the Estimate. It is recalled that AD Nucléis operates as an analytical service provider. In this capacity, he undertakes to perform on the samples transmitted by the Client, the analysis services ordered in compliance with the internal operating rules. The Customer is responsible for the transport, safety, packaging and insurance of the samples sent for analysis to AD Nucléis. Losses and damages that may occur during transport will be the responsibility of the Customer. The Customer declares to the AD Nucléis Company and guarantees that the samples sent to the Company for analysis are stable and do not represent any danger. He undertakes to bear the direct or indirect damages suffered by the AD Nucléis Company in the event that a sample would cause the Company or any person working for this Company any damage whatsoever, even if the Customer has informed the AD Company Nucleis of potential risks related to sampling. The Customer may only question the liability of the AD Nucléis Company by proving its faulty behavior in the performance of the analytical services ordered. In the event that the AD Nucléis Company is held liable, the amount of the repairs charged to it will be limited, all sums combined, to the amount of the analytical services actually paid by the Customer to the AD Nucléis Company during the calendar year during which is noted the incident or the difficulty having involved the responsibility of the company AD Nucléis.
Article 10: Conditions for sending samples
AD Nucléis declines all responsibility in the sending of the parcel by the customer with regard to any interruptions or delays in the use of the delivery service and/or the services, and for any loss or damage resulting from such an interruption or such delay, and loss or damage resulting from improper packaging. The package must be properly packaged and follow the regulations for the transport of samples.
The recommended packaging is P650 packaging or any other packaging satisfying the following conditions: 1 or more leaktight primary receptacles, 1 leaktight secondary packaging, 1 sufficiently robust outer packaging taking into account its capacity, its weight and the intended use. which it is intended. In the case of liquids: sufficient absorbent material to absorb the entire contents must be placed between the primary receptacle(s) and the secondary packaging. Attention, you must imperatively enclose the summary of your order inside the package to allow the identification of your sample on its arrival at the laboratory. You must also put the printed shipping label in a transparent sleeve to avoid any problem reading the bar code (if there is no transparent sleeve, you can tape it to your package, provided that the address and the bar code are perfectly legible.)
Article 11: Quality assurance
The AD Nucléis company analyzes samples using reagents produced by the AD Nucléis company certified by AB certification under the ISO 13485 manufacturing standard, DM DIV manufacturer standard. AD Nucléis is committed to good laboratory practices according to standard 15189.
Article 12: Insurance
AD Nucléis has taken out an insurance policy covering its professional civil liability with the company MMA, renewable by tacit agreement. The Customer also undertakes to take out all necessary insurance with a reputably solvent organization to cover all damages attributable to it under this contract or its execution.
Article 13: Cancellation of the Provision of Services
See article 2 entitled “orders” In the event that the Customer is unable to pay the invoices under the conditions specified in this contract, the Company may suspend the performance of its contractual obligations towards the Customer, to the fault of the Customer.
Article 14: Force majeure
The AD Nucléis Company reserves the right to suspend or terminate all or part of the analytical service, as of right, in the event of force majeure, in particular in the event of a new law or regulation, request from the government or any administrative authority. authority, failure to obtain or withdrawal of the necessary administrative authorizations or fortuitous events, such as: strikes, bad weather, accidents or any external cause likely to stop or slow down the execution of the analytical service, or any cause not directly and exclusively attributable to AD Nucléis. He must inform the Customer in this respect, as soon as he becomes aware of such an event, and will not be liable to him for any compensation of any kind whatsoever.
Section 15: Confidentiality
The AD Nucléis Company applies a strict principle of confidentiality, and the analysis reports are only sent to the person requesting the analysis. The latter may nevertheless make a written and explicit request for a copy of the analysis report to be sent to a third party. The AD Nucléis Company is prohibited from using or communicating to any third party, whether analysis reports or any personal information, except to prove the performance of the service and in particular to obtain payment, or on prescription or at the request of a competent administrative authority or upon execution of a court decision that has become final. AD Nucléis undertakes to treat confidentially all technical, commercial and financial data and information communicated to it for the performance of analyzes and identified as confidential by the Customer.
The Client undertakes to treat in a confidential manner all technical, commercial and financial information and data of which it may become aware on the AD Nucléis Company in the context of the performance of an analysis service.
Article 16: Integrity clause
It is agreed that this contract contains all the conditions and obligations that the parties have adopted, and that it cannot be contradicted or supplemented by previous statements or documents. This contract replaces any other document that may have been signed previously or exchanged between the parties on a date preceding the conclusion of this agreement.
Article 17: Termination of the Contract
If there is a Contract, and apart from the case provided for in article 4, the possibility of terminating the contract takes place: In the event of non-compliance by the Customer with his contractual obligations subscribed to at the end of these will be acquired one month after the date of sending a registered letter with acknowledgment of receipt (without waiting for the expiry date), without any claim for damages from either party cannot be formed under this head. The signatory parties hereby expressly waive any right to claim any damages following such termination. The sums due to AD Nucléis for the remaining period of the duration of the contract will be immediately payable. Any service started is due in full.
Article 18: Applicable law and competent jurisdiction
It is expressly agreed between the Company and the Customer: that will be solely competent, in the event of a dispute of any kind, dispute or difficulty of interpretation of these general conditions of sale and more generally concerning the relations existing between the parties, the Commercial Court of Lyon, unless the AD Nucléis Company prefers to seize any other competent jurisdiction, that French law will be the only one applicable, this clause applies even in the event of summary proceedings, incidental claims or multiple defendants. If the general conditions of sale are translated into a foreign language, the French language will prevail over any other translation in the event of dispute, litigation, difficulty of interpretation or execution of the general conditions of sale and more generally concerning the existing relations between the parties.
Article 19: Tolerance – partial invalidity of the GCS
In the event of the nullity or inapplicability of one of the T&Cs, the other agreements will retain their full force and scope. The non-application of the rights mentioned in the GCS by the AD Nucléis Company or by the Customer cannot constitute a deprivation of these rights.
General Terms and Conditions of Sale (January 2016), AD Nucléis, SAS with capital of €1,246,000, Head office: 30 chemin des mouilles 69290 GREZIEU LA VARENNE. SIRET: 497 802 165 000 17, intraCEE VAT: FR 364978021650001