General Sales Terms and Conditions 2020 for all territories except France
All orders imply unreserved acceptance of the general terms and conditions of sale below, regardless of the clauses that may appear on the Customer's documents and with the exception of special dispensations expressly accepted by SCALEO Medical in the Distribution contract.
1- Orders
At the time of the first order, the Customer will provide SCALEO Medical with a bank statement, the "Customer account opening" form duly completed and signed, and the present General sales terms signed. Orders are sent and dated, to our Customer Service by e-mail (), mail or fax (+33 4 99 74 01 79), indicating the products ordered, the invoicing and delivery address and the information of the Customer. An Order Confirmation (OC) will be systematically returned within 48 hours.
2- Prices
The prices indicated in our offers and order confirmations are those of the price list in force at the date of the offer and are valid until December 31 of the current year, unless otherwise stipulated. SCALEO Medical reserves the right to modify its prices without prior notice. Our prices do not include taxes and are Ex-Works Montpellier France.
3- Transportation and delivery costs
Unless otherwise agreed, the delivery terms are “Ex-Works Montpellier France” according to the Incoterm® 2010 of ICC. All taxes, duties and customs fees are to the Customer’s account. SCALEO Medical is responsible for packing the goods and making them available at its warehouse. It is the responsibility of the Customer to notify the carrier of any reservations about the delivered product and to inform SCALEO Medical within 48 hours.
4 - Ownership
By convention, the transfer of ownership of the goods to the Customer is subject to suspension pending receipt of the totality of the payment.
5- Terms of payment
Unless otherwise agreed, payment terms are by Bank transfer before shipment of the goods. No discount is granted for anticipated payment of invoices.
6- Warranty
The warranty takes effect on the date of shipment of the equipment. Excluded from the warranty are periodic checks and inspections, normal wear and tear of the equipment, damage resulting from failure to comply with the instructions for use, negligence, accidents, handling errors, maintenance and cleaning of the equipment with unsuitable products.
All warranty claims must be justified by the Customer and sent to our Technical Service. The return of defective equipment may be requested to validate the warranty. If so, the customer must join the return form received by e-mail. Returns are to be sent to the address below. The shipping costs for any return of defective material are the responsibility of the Customer.
If a replacement part is required by the customer prior to the validation of the warranty by the Technical Service, the request will be considered as an order and the part will be invoiced. A credit note will be issued if the warranty coverage is subsequently justified.
7- Spare parts
The availability period for spare parts required for the proper functioning of the devices is 5 years after the marketing of the model has ceased. Spare parts can be exchanged within a maximum of one month following their dispatch date. Returns will only be accepted after the Customer's request is accepted by our Technical Service. Returns are to be sent to the address below and must be sent postage paid, with tracking.
8 - Technical specifications and ownership of studies and plans
Weights, dimensions, capacity and other characteristics are valid on the date of the documents drawn up by our company.
Our equipment and models may benefit at any time and without prior information from all improvements and modifications deemed useful by the manufacturer.
9-Materiovigilance
In order to allow SCALEO Medical to ensure its EC obligations in terms of material vigilance, in particular in the event of a product recall, the Customer must cooperate by communicating any information necessary to ensure the traceability of any medical device purchased from SCALEO Medical. In the event of an accident or a risk of accident with one of our devices, please immediately contact our Quality department ().
10- Training
SCALEO Medical provides various levels of user and technical trainings, and is open for any questions concerning the use and maintenance of the devices. A user manual is provided with each product.
11 - Patents, registered designs and trademarks
The devices manufactured by SCALEO Medical are registered designs and protected by patents. Any action demonstrating infringement of these patents and trademarks will lead to legal action.
12- Sustainable development policy
If the customer does not have its own recycling process, it is his responsibility to send us the products to be disposed at its own expenses.
13- Governing law
For any litigation or dispute, whatever the nature or cause, jurisdiction is attributed to the French law and the Commercial Court of Montpellier France (34000), even in case of appeal of guarantee or plurality of defendants.