Standard Terms of Sale

March 2015

The general terms and conditions of sale and delivery are deemed accepted for all orders placed with our company. In the event of a dispute, our terms and conditions prevail over any other clauses and stipulations printed on orders or in the buyers’ correspondence. Modifications to the initial contract or to supplementary agreements are only valid if they have been concluded in writing.

1. Products

The specifications and figures contained in our catalogues are given for information purposes only and without obligation. SeraSpain reserves the right to modify its articles without prior notice in accordance with improvements imposed by technical developments.

2. Orders

Orders can be placed by mail or by email. Orders are final only when confirmed in writing by SeraSpain. They must include:
– the numbers of our catalogues or our offers. In the event of imprecise wording, if we have to make a choice ourselves, we decline liability; the return costs for non-conformity arising from this will be the responsibility of the buyer.
– delivery and billing addresses
– intra-community VAT number

3. Deliveries

3.1- Deadlines and deliveries

Delivery times are confirmed upon receipt of the order. In the event that the products are not available in stock, a delivery time is proposed as an indication subject to unforeseen circumstances and force majeure. No penalty for delay or compensation for damages can be claimed if these deadlines are exceeded.
SeraSpain chooses the shipping method that it considers most appropriate for its customer, if the latter has not issued any particular requirement.

3.2- Unforeseen circumstances and force majeure

SeraSpain is released from its obligation to deliver due to any unforeseen circumstances or force majeure that prevents both manufacturing, shipping or introduction into Spain. Any event beyond our control that results in delaying or preventing execution without being able to be reasonably controlled or avoided constitutes a case of force majeure.

4- Prices and invoicing

The prices listed in catalogues, printed materials, price lists or online are given for information purposes only. SeraSpain reserves the right to change them without notice. Our prices are guaranteed for the period of validity of the offer or quotation, except for variations in the price of raw materials, currency exchange rates and customs duties. The prices invoiced are always those in effect on the day of actual delivery. Unless otherwise specified in writing, our prices are net and without tax.

5. Payment

5.1 Terms and Conditions

Our invoices are payable by cheque, bank or postal transfer, LCR or promissory note, within 30 days from the date of invoice, net and without discount, unless otherwise agreed in writing.
SeraSpain reserves the right to request an advance or deposit before the execution of the order.

5.2- Penalty clause and expiration clause

By express agreement and unless previously agreed by SeraSpain, failure to pay an invoice on the due date will automatically entail, regardless of the form of payment:
– a minimum interest rate of 3 times the legal rate set by decree on 1 January of each year.
– immediate payment of all outstanding amounts.
The costs, disbursements and fees incurred by SeraSpain to obtain payment for the goods will be borne by the customer, pursuant to article 700 of the N.C.P.C.: Fixed compensation for collection costs: 40 euros.
In addition, pending regularisation, the company based in SeraFrance reserves the right to suspend all subsequent deliveries.

6- Service and reservation guarantee

6.1- Complaints

The customer must ensure upon receipt of the products that the delivery is in accordance with his order. Any claim relating to transport must be made to our services within 48 hours and recorded on the carrier’s receipt. For any other non-apparent defect, it is advisable to notify it within a maximum of 3 months after receipt of the products, and to respect the instructions for storing the products while awaiting our instructions.

6.2- Claim for partially defrosted serum

We do not accept claims for partially defrosted animal serum, and we will not replace it free of charge; because our tests show very good stability of the product even under these conditions.

6.3 Return

No returns will be accepted without prior written agreement from our sales department, which will specify the conditions of return. Returned products will be refunded after deduction of a fixed fee for inspection and replacement costs of 15% of the sales price, with a minimum of 35 euros, and only if they are in their original condition.

6.4 Scope of Warranty

The user must determine that this product is suitable for his specific application. The products in our catalogue are intended for scientific use only (in vitro use only). They cannot be used as a medicine, as an auxiliary therapeutic product, as a pharmaceutical preparation, as a cosmetic, as an agricultural product, as a product for human or veterinary use. The buyer is solely responsible for their use.

6.5 Transfer of Risks

Our goods and their packaging always travel at the buyer’s expense and risk, even when sent with postage paid. We decline all responsibility for any alterations that occur during transport. In the event of damage of any kind, it is the recipient’s responsibility to notify the carrier who made the delivery by registered letter within three days of receipt of the goods, of the losses and damages noted upon arrival, in accordance with the provisions of article 105 of the Commercial Code, and in general to exercise any recourse against the carrier.

7- Reservation of title clause

The seller reserves ownership of the goods until full payment of their price in principal and interest. In the event of non-payment of the price on the agreed due date, the seller may repossess the goods, the sale will be automatically cancelled if the seller deems it appropriate, and the deposits already paid will be retained in exchange for the use of the goods by the buyer.

8. Disputes

The courts of the jurisdiction of the place of registered office shall be the only competent courts in the event of litigation of any nature or any conflict related to the formation or execution of the order. Spanish law is the only applicable law to orders placed with the company SeraSpain.