GENERAL CONDITIONS OF SALE OF GENNOVA SCIENTIFIC S.L.
The following conditions regulate the sale of the products and services offered and distributed by Gennova Scientific:
1. ORDERS AND CHANGES
1.1. Orders can be made by telephone, by mail, fax, email or by registering on our website www.gennovascientific.com. Whenever you send us an order confirmation after having advanced it by phone, please indicate us “Advance order, do not duplicate” in order to avoid mistakes being made by duplicating orders.
1.2.When the Customer submits equipment for repair service, the order must be accompanied by the corresponding form that appears on the Gennova Scientific website, duly completed.
1.3. Gennova Scientific will not make any significant variation in its products or services without prior agreement with the Customer.
2. PRICE
2.1. The prices will be in Euros and do not include VAT. Gennova Scientific prices are valid at the time of the offer and for the period specified therein.
2.2. Orders for materials for an amount of less than € 350 will have an additional charge for handling and shipping costs. In the case of shipments that include products that require dry ice, they will also have an additional charge for this concept. Shipments will be made freight prepaid, except in the case of distributors and wholesalers, who will be freight collect.
2.3. In the case of repairs or equipment services, and when these are carried out in Gennova Scientific, the sending of the same shall be borne by the customer and their return, once repaired, on Gennova Scientific’s account.
2.4. Any difference in the invoice will be corrected by total payment of the original invoice and issuance of a new invoice.
3. CONDITIONS OF PAYMENT
3.1. In the event that the Client belongs to the public sector, the payment conditions will be those established in the current Law 9/2017, of Public Sector Contracts or equivalent legislation applicable at any time.
3.2. When the Client is a private individual or legal entity, the payment terms will be those agreed between the parties and will be included in the commercial documents.
3.3. In the event that a Client’s payment is not received within the period established according to the applicable payment conditions, the legal interest increased by 2 points on the final amount to be paid, once the Client has been notified in writing. If, as a consequence of the above, Gennova Scientific had to proceed to recover the amount owed and / or the delivered goods, the expenses that are incurred will be paid by the Client.
3.4. In the case of the supply of goods or the provision of services prolonged over time, Gennova Scientific may adjust prices based on changes in currency exchange rates, tariffs, insurance, freight and acquisition costs.
4. SHIPPING AND RECEPTION OF MATERIAL
4.1. Shipments of the products are made in conditions that guarantee the quality of the same and in accordance with the shipping instructions of the manufacturer. The transport temperature recommended by the manufacturer does not always coincide with the storage temperature indicated on the product.
4.2. The delivery time of the merchandise or start of service delivery will be determined by Gennova Scientific in its commercial documents and should always be considered as an estimate.
4.3. In the event that the service to be provided is for repair or service of equipment to be developed in the Gennova Scientific facilities, the Customer shall be solely responsible for the condition in which the goods or equipment are received.
5. RESERVATION OF DOMAIN
5.1 Gennova Scientific reserves the ownership of the goods delivered by it until the full payment of each and every one of the amounts that are owed by the Customer as a result of their deliveries.
5.2 In the event of breach by the Client of the general conditions or of the particular conditions provided in the commercial documentation, Gennova Scientific may recover the goods or interrupt the provision of the contracted service, being at the Customer’s expense any expense that may be generated thereby.
5.3 The risk of loss or damage to the merchandise will be assumed by the Client from the moment of its reception. Likewise, the Client will be responsible for the consequences for interruption in the provision of the service when it is due to causes attributable to it.
6. RETURN AND CLAIMS POLICY
6.1. Gennova Scientific requires the return to the transport agency of the delivery note of the merchandise, or of the work part in the case of services, duly signed at the time of delivery or service provision.
6.2. Any loss, error or visible damage that may have occurred in the product or its packaging must be noted on the delivery note. Likewise, any malpractice observed in the provision of the service must be indicated in the work part.
6.3. Gennova Scientific will attend to the repairs and returns of the products being on account of the Customer the expenses caused by a misuse made by him.
6.4. Only claims made within 3 days after receipt of the goods and that follow the established rules will be accepted. Once said period has elapsed without receiving any notification, the Client will be considered to be in agreement with the delivery of the merchandise. In the case of services, these will be considered as compliant by the Client if after 15 days from the end of the same (or the delivery of the equipment in the case of those repaired at the Gennova Scientific facilities) there is no written notification of the nonconformity
6.5.Gennova Scientific only accepts returns that have been previously authorized. Therefore, it is essential to fill in the corresponding form ( Download withdrawal form ) (Descargar Formulario desistimiento) and obtain the return authorization number, a requirement without which no goods returned will be accepted. The return of the product must be done in accordance with current safety and transportation regulations, in its original intact packaging, with all its parts, accessories and instruction manual and within a maximum period of 7 working days from the date of authorization.
6.6. There are cases in which the return of products will not be accepted: refrigerated or frozen products, expired reagents, products manufactured on demand, products without labels or instruction manual, books, computer programs, equipment without its original packaging, damaged boxes, written or deteriorated and deteriorated or manipulated products.
7. WARRANTY
7.1. Gennova Scientific guarantees that its products comply with the descriptions and specifications contained in the catalogs of its represented companies. The warranty period will be established by the manufacturer in each case, or the legally established period..
7.2. Gennova Scientific will not be responsible for those defects that occur due to an external cause.
7.3. The guarantee will not apply if the manufacturer, at its own discretion, determines that the buyer has misused the products or has not used them according to their protocol / instruction manual, if any.
7.4. The equipment warranty covers both spare parts and labor in those cases in which the fault is due to a manufacturing defect of the equipment and never in case of misuse or lack of maintenance by the user. Likewise, the supply of consumables is excluded from the guarantee.
7.5. In the case of repairs, the warranty period will be 3 months from the delivery of the repaired product. This will not be applicable in the case that, after the inspection of the equipment, it is determined that the nature of the new ruling has no relation with the one that was the object of the previous repair. Likewise, the repair guarantee will not be valid if it is verified that the equipment has been subjected to improper use or manipulation. Those other services or maintenance that are not corrective (calibrations, verifications, etc.) will not have any guarantee.
7.6. The sole and exclusive responsibility of Gennova Scientific with respect to the products or services for which Gennova Scientific is proven to be defective or non-compliant will be, at Gennova Scientific’s option, either the replacement of said products or the repetition of the services rendered, repair (in case of equipment) or the payment of the corresponding purchase price after the return of the mentioned products according to the instructions provided by Gennova Scientific in the corresponding section.
7.7. Gennova Scientific will not be responsible in any case for any damage or loss, material and / or personal, that occurred directly or indirectly, both to the Client and to third parties, which are due to a possible failure of the products marketed by Gennova Scientific.
7.8. The execution of an order to Gennova Scientific implies acceptance of the general terms and conditions of sale to which all Gennova Scientific products are subject and which are published on our website and our commercial documents. If you wish to receive a copy of them, you can request it from our Customer Service Department or consult them on our website.
8. FORCE MAJEURE Neither Party shall be responsible for any delay or failure to fully or partially execute its obligations, if such delay or failure to execute is due to force majeure. Force majeure causes are those that meet the characteristics expressed in Article 1.105 of the Civil Code and, in addition, all cases that are beyond the control of the Parties.
9. DATA PROTECTION Gennova Scientific guarantees the absolute confidentiality of the personal data of its customers. The data provided will be incorporated into a database managed under the exclusive responsibility of GENNOVA SCIENTIFIC, created with the purpose of offering its customers the best service, guaranteeing the traceability of the products and informing them about the complementary products and services that may be of their interest. In compliance with the provisions of Regulation (EU) 2016/679 on the Protection of Personal Data and any other complementary provision or regulation that may be applicable, the user may at any time exercise the rights granted by law regarding access, rectification, cancellation and opposition to the transfer of your data to the proprietary file GENNOVA SCIENTIFIC, SL by sending an e-mail to: info@gennovalab.com
10. ENVIRONMENT Complying with the obligation established in Royal Decree 782/1998, of April 30, approving the Regulation for the development of Law 11/1997 of April 24, on packaging and packaging waste, responsible for the delivery of the waste container or container used for proper environmental management, will be the final holder. Also in compliance with the current regulations on Waste Electrical and Electronic Equipment, Gennova Scientific may be delivered any electrical or electronic equipment that it has provided, for proper treatment as waste, and at the express request of the customer, we can take care of the waste consisting of electrical or electronic equipment that, although not supplied by Gennova Scientific, will be replaced by others that Gennova Scientific does supply. No. of Producer REI-RPA: 263 and REI-RAAE: 923
11. RESOLUTION
11.1. Either party may terminate the contract in the following cases:
11.1.1.When the other party substantially or repeatedly fails to comply with these General Conditions and does not remedy said breach within a period of 30 days once the written requirement has been received for it.
11.1.2. When the other party is declared insolvent or becomes unable to meet its obligations to pay amounts owed.
11.2. Gennova Scientific may terminate the contract immediately by written notification provided that the Client does not pay the price under the conditions agreed upon by the parties.
12. NOTIFICATIONS All notices between the parties must be sent in writing to the address of Gennova Scientific indicated on the invoice.
13.MISCELLANEOUS If any of the present General Conditions are null or voidable, said declaration will not invalidate the rest of the conditions, which will maintain their validity and effectiveness. The clause or null clauses must be replaced or integrated with others that, being in accordance with the Law, respond to the spirit and purpose of the replaced ones. The Parties waive any claim for damages that may be requested for this circumstance.
14. LEGISLATION AND ARBITRATION
14.1. The Spanish law will be the one of application.
14.2. The parties will submit, with waiver of their jurisdiction if it were another, to the jurisdiction of the Courts and Tribunals of Sevilla.
