The present general conditions of sale or provision of services apply, without restriction or reserve, to all products and/or services offered for sale by PROGENUS s.a.. The fact for a physical or moral person, to order with PROGENUS (mail, fax or mail) carries full and whole acceptance of the present general conditions of sale. They are accessible at any time on the PROGENUS website (http://www.progenus.be/ and will prevail, if necessary, on any other version and on the Customer's own general purchase or other conditions.
By service, we mean any request formulated by the customer and which includes either a request for analyses or a request for reagent on the basis of an order form.
Our offers are made in good faith and, unless expressly stipulated otherwise, are only binding on PROGENUS for the period of validity specified.
Prices are net, excluding taxes and expressed in Euro (€). Packaging and shipping costs will be charged to customers unless special conditions apply. Our prices are subject to change without notice. We reserve the right to defer any new taxes and rate increases.
Orders will be expressed as a multiple of the standard unit shown at the price in force on the date of the order.
VII. Return of goods
Our customers are informed that our products are neither taken back nor exchanged. We nevertheless guarantee our goods for the duration indicated on the package.
PROGENUS s.a. may only be held liable for missing or damaged goods if the usual reservations have been made to the carrier in good time. No claim will be accepted after 8 days from the date of receipt of goods.
IX. Delivery time
Delivery times are given as an indication and are not mandatory. They cannot involve for PROGENUS s.a. any compensation whatsoever nor the cancellation of the order.
X. Taking delivery
In the event that for any reason whatsoever, the buyer refuses to take delivery of his order, PROGENUS s.a. is entitled to continue the execution of the contract or its resolution. In this case, the contract will be automatically and without formal notice, by simple notification of the will of PROGENUS s.a. by registered letter to the post office, and we will be owed by way of fixed and irreducible compensation a sum equal to 30% of the amount of the order.
XI. Sending samples
The samples submitted for analysis are sent to PROGENUS s.a. under the sole responsibility and at the expense of the client. The customer can obtain information from PROGENUS s.a. on the best conditions for collecting and sending samples. PROGENUS s.a. has the right to refuse to carry out an analysis when the sample proves not to comply with the recommendations made by PROGENUS s.a.. PROGENUS takes the utmost care in the execution and/or registration of each DNA test.
XII. Retention of samples
The samples are kept for a maximum of 4 weeks by PROGENUS s.a. After this period, they are destroyed. However, the customer may ask PROGENUS s.a. to return his samples or to keep them for a longer period to be defined between the two parties and at the customer's expense.
XIII. Sending analysis reports
Each analysis request made by the client will be accompanied by an analysis report. This is sent by post. If the customer wishes to receive the results electronically, the transmission will be under the exclusive responsibility of the customer and PROGENUS s.a. can in no way be held responsible for problems related to this electronic transmission. Unless otherwise agreed between PROGENUS and the customer, the invoice must be paid in order to receive the result of the analysis
All our invoices are payable within 30 days of being sent, unless expressly exempted. Any invoice not paid on the due date will automatically and without formal notice lead to the debit of interest at an annual rate of 10% and a penalty clause of 10% with a minimum of 40.00 € (forty euros). In addition, non-payment of an invoice on the due date will lead to the other invoices becoming payable, even if they are not due. All new orders will also be suspended pending payment of outstanding invoices.
XV. Retention of title
The risks are transferred as soon as the order is placed. However, the products remain the property of PROGENUS until full payment of the price. The customer shall ensure, on the one hand, that the products are maintained in such a way that their identification as PROGENUS property is easy, and, on the other hand, that the said products are insured against the risks normally insured at his own expense.
XVI. Private life
XVII. Competent Jurisdiction
In case of dispute of any nature whatsoever, only the courts of the place where PROGENUS has its registered office have jurisdiction. Belgian law will be applicable for any dispute in connection with a PROGENUS service.