Our activities
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English spoken
Monday to Friday from 9h to 18h
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Terms and Conditions of Sale
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The price in effect at the time of shipment will determine the billing price.
Buyer agrees to pay, indemnify and hold ABCYS harmless for all taxes including sales, use, excise, import or export, value-added or similar tax or duty, however designated, and imposed as a result of the purchase and sale of any product through ABCYS's website pursuant to this Agreement.
Terms of payment are pro forma, payable in Euro.
Orders placed with ABCYS may not be cancelled after delivery by ABCYS to a common carrier except by the written agreement of ABCYS.
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TITLE, RISK OF LOSS AND INSURANCE
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Title to each shipment of product sold under this invoice and risk of loss to such product passes to Buyer when such products are delivered by ABCYS or its agent to a common carrier or licensed trucker, consigned to Buyer or its agent but they remain subject to ABCYS's rights of stoppage in transit and reclamation if any cause beyond ABCYS's control prevents shipment or delivery to Buyer or if shipping instructions for any shipment are not received before shipment date or if payment is to be made on or before delivery. ABCYS shall be under no duty to carry insurance on shipments of products for Buyer's benefit. ABCYS shall have no obligation to replace products which have been lost or damaged by the carrier.
All shipments will be by Federal Express, airfreight or other common carrier. For hazardous products covered by the U.S. Department of Transportation and/or International Air Transport Association regulations, ABCYS has the right to elect the most suitable method of shipping in order to comply with those regulations.
In the event of inability to supply the total demand for the products specified in Buyer's order, ABCYS may allocate its available supply among any or all purchasers, on such basis as ABCYS may deem fair and practical, without liability for any damages, which may result there from. Buyer agrees that time is not of the essence in filling any orders.
Products may not be returned to ABCYS without ABCYS's prior written authorization. Should the material be found on receipt to be not as ordered, ABCYS will, if a claim is made within five (5) days from the receipt of the shipment, at its option, take back the material and/or supply new material. In any event, no claim or returns will be allowed if Buyer uses the material.
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USE FOR RESEARCH PURPOSES ONLY
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Unless otherwise specified expressly on the packaging, all products sold hereunder are intended for and may be used for research purposes only and may not be used for food, drug, cosmetic or household use or for the diagnosis or treatment of human beings. Purchase does not include any right or license to use, develop or otherwise exploit these products commercially. Any commercial use, development or exploitation of these products or development using these products without the express written authorization of AbCys S.a. is strictly prohibited. Buyer assumes all risk and liability for the use and/or results obtained by the use of the products covered by this invoice whether used singularly or in combination with other products.
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LIMITED WARRANTY; DISCLAIMER OF WARRANTIES
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These products are offered under a limited warranty. The products are guaranteed to meet all appropriate specifications described in the package insert at the time of shipment. AbCys s.a. sole obligation is to replace the product to the extent of the purchasing price. All claims must be made to AbCys S.a., within five (5) days of receipt of order. THIS WARRANTY IS EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES OR LIABILITIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THE PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF OTHERS, AND ALL SUCH WARRANTIES (AND ANY OTHER WARRANTIES IMPLIED BY LAW) ARE EXPRESSLY DISCLAIMED.
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BUYER'S INDEMNIFICATION OF ABCYS FOR PATENT CLAIMS
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Buyer shall indemnify ABCYS against any claim that Buyer's use of products delivered hereunder infringes any United States or foreign patent.
IN NO EVENT SHALL ABCYS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL OR LOST PROFITS DAMAGES IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF ANY PRODUCT PROVIDED TO BUYER. Buyer's damages, including special, incidental, consequential and lost profits for products delivered by ABCYS shall be limited to the purchase price of the products for which such damages are claimed. Buyer shall notify the carrier of products damaged in transit. Furthermore, failure to give notice of the claim within five (5) days from the date of delivery shall constitute a waiver by Buyer of all claims.
Buyer shall indemnify and hold ABCYS harmless against the consequences of use or misuse of the products by Buyer, its employees or others and shall defend any and all suits brought against ABCYS relating to the use of products by Buyer, its employees or others. Buyer agrees to and will defend any and all suits, claims and demands brought against ABCYS and will pay, liquidate and discharge and satisfy any and all judgments, awards or expenses which may be rendered against or incurred by ABCYS on account of injuries to or death of any person or damage to or loss of any property relating in any way to the products supplied hereunder.
ABCYS shall, under no circumstances, be held responsible for delays or failures in filling any order(s) when due to occurrences or circumstances which are unavoidable or beyond ABCYS's reasonable control, including but not limited to any act of God, riot, war, civil unrest, flood, earthquake, or other causes beyond ABCYS's reasonable control (including any mechanical, electronic, or communications failure).
This sales agreement is made under and shall be governed by the laws of the French Republic, in the U.E.
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COMPLIANCE WITH LAWS AND REGULATIONS
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Buyer shall comply with all relevant laws and regulations in purchasing and using any product of ABCYS's website, including, but not limited to, France export regulations.
Waiver by ABCYS or a breach by Buyer of any provision of this contract shall not be deemed a waiver of future compliance therewith and such provision as well as all other provisions hereunder shall remain in full force and effect.
ABCYS can make changes to this website at any time, and all such changes shall be binding on the Buyer with regard to any purchase made after the date and time at which ABCYS posts such amendments on its website.
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