I- GENERAL INFORMATION
The services provided by LABOGENA DNA are DNA-based tests on animals and delivery of the result to its Applicant (the person who signed the Submission form or the person on whose behalf the Submission form was signed). The services will comply with the Applicant’s request expressed in written on the Submission form, signed and returned with the sample to LABOGENA DNA. The services cannot be extended beyond the Applicant’s request, expressed on the Submission form.
Applicants expressly agree and accept the current General Conditions of Services that they declare having a full knowledge of. Therefore, Applicants waive the right to rely on any contrary documents and especially its own terms and conditions that will not bind LABOGENA DNA, unless specific written authorization of LABOGENA DNA’s legal representative.
II- SAMPLES COLLECTION AND SHIPMENT
The sample collection of the biological material is under the Applicant’s responsibility. Consequently, the Applicant undertakes to provide to LABOGENA DNA good quality samples in order to obtain complete and accurate information on the animals concerned by the analysis. The Applicant must respect the specifications given by LABOGENA DNA and use the material provided by LABOGENA DNA. The material provided by LABOGENA DNA remains its exclusive property. In this regard, any material not returned to LABOGENA DNA within 2 (two) months will be invoiced to the Applicant.
Applicant must respect the legal and international procedure governing the shipment of biological material when sending their samples to LABOGENA DNA. Any sample must be accompanied with its Submission form completely fulfilled and signed, in particular Applicant must state clearly the organization’s legal name or the name of the person receiving the results and the invoice.
LABOGENA DNA will be entitled to refuse any request and/or sample analysis that LABOGENA DNA will deem to be non-compliant in term of quality, quantity and/or sample storage. If LABOGENA DNA refuses the request and/or the samples analysis, LABOGENA DNA undertakes to notify the Applicant this refusal. The Applicant may proceed to a new collection at its own expense but only one of them will be charged. If the test result cannot be provided, LABOGENA DNA will not be hold responsible and the service will be charged to the Applicant, unless LABOGENA DNA has committed a proven misconduct.
III- SPECIFIC REQUESTS
In the event an Applicant requests for a specific analysis requiring an unusual research and development work, LABOGENA DNA will be entitled to demand an extra-billing for the performance of this specific request.
IV- INDICATIVE TEST DURATION
Unless expressly stated otherwise between the Parties, LABOGENA DNA will perform its services within a reasonable period depending on its availabilities. The test duration given by LABOGENA DNA are indicative and any delay cannot be considered as a valid ground for termination and/or contesting the price.
V- PROPERTY RIGHTS
The sole obligation of LABOGENA DNA is to analyze the sample and to deliver the test result requested by the Applicant.
BY NO MEANS WILL THE ANALYTICAL PROCESS BE GIVEN TO THE APPLICANT, EVEN IF THE APPLICANT MAKES SUCH A REQUEST IN ADVANCE. LABOGENA DNA REMAINS THE SOLE AND EXCLUSIVE OWNER OF THE ANALYTICAL PROCESS AND OF THE KNOW-HOW ACQUIRED DURING ITS RESEARCH AND DEVELOPMENT WORK.
Nothing in the current General Conditions of Services, e-mail, letter, exchange, note or any other document, shall be interpreted as transferring any right to the Applicant, unless the Parties expressly agree otherwise in a writing signed by LABOGENA DNA’s legal representative.
All the results are confidential and LABOGENA DNA undertakes not to transfer these results to any third-person without the Applicant prior authorization. The results cannot be given by telephone. Depending on the performance requested, the results will be sent either to the Applicant or the person designated by the Applicant on the Submission form. Unless otherwise stated by LABOGENA DNA, the results must officially be delivered by regular mail or email to be considered as reference document and be used for any transaction or justification with third-party body. Upon written request, a duplicate may be sent to the Applicant.
FOR ALL THE ANALYSIS, THE APPLICANT AUTHORIZES IN ADVANCE LABOGENA DNA TO TRANSFER ANY INFORMATION AND/OR TEST RESULT TO INSTITUTIONS FOR THE SOLE PURPOSE OF SUPPLING THE NATIONAL DATABASES AS PART OF THE MANAGEMENT OF LIVESTOCK-POPULATIONS PROGRAM. IN THE EVENT THE APPLICANT DOES NOT WANT LABOGENA DNA TO TRANSFER ITS INFORMATION AND/OR TEST RESULT, THE APPLICANT MUST SPECIFY IT CLEARLY AND LEGIBLY IN THE SUBMISSION FORM.
VII- INCOMPLETE REQUEST
For any incomplete request, LABOGENA DNA reserves the right, after a written reminder not answered after a three-month period, to invoice the incomplete request at the rate corresponding to the work accomplished.
VIII- TERMS OF PAYMENT
All the invoices are sent by regular mail or email at the addresses written on the Submission form.
The service must be paid on invoice receipt, without discount, by bank transfer, transfer order and/or cash. Any invoice unpaid on its due date shall rightfully, and without prior notice, bear interest from the due date until the full payment of all the sums due. The rate of interest shall be equal to three times the legal interest rate. In addition, for any late payment, Applicants must pay lump-sum of 40 € (forty euros).
In the event of payment default, LABOGENA DNA reserves the right to suspend any delivery and/or service, whatever order conditions, until full payment of the service, and to demand penalties for the late payment, without prejudice to its rights and/or remedies.
THE SAMPLE COLLECTION IS AT THE APPLICANTS EXPENSE AND RISK.
IN PERFORMING ITS SERVICES, LABOGENA DNA IS ONLY BOUND TO AN OBLIGATION OF MEANS AND NOT TO A PERFORMANCE OBLIGATION. IN ADDITION, IN THE EVENT THAT LABOGENA DNA WOULD LOSE A SAMPLE, ITS LIABILITY MUST BE LIMITED AS FOLLOWING:
- DURING THE DELIVERY, AT THE COMPENSATION PROVIDED IN THE CARRIER’S CONTRACT;
- DURING THE SERVICE PERFORMANCE, AT THE PRICE PAID BY THE APPLICANT FOR THE SERVICE;
LABOGENA DNA CANNOT BE HELD LIABLE BEYOND THIS AMOUNTS.
X- SAMPLE STORAGE
UNLESS STATED OTHERWISE, LABOGENA DNA WILL KEEP APPLICANT SAMPLE FOR A ONE-YEAR PERIOD AFTER RECEIPT. BEYOND THIS ONE-YEAR PERIOD, APPLICANT AUTHORIZES LABOGENA DNA, IN ADVANCE, TO DESTROY THE SAMPLE. BEFORE THE EXPIRATION OF THIS PERIOD, APPLICANT MAY REQUEST, IN WRITING, THE TRANSFER OF THE SAMPLE TO ANY PLACE OF THEIR CHOICE. THIS TRANSFER WILL BE SUBJECT TO A SPECIFIC SERVICE AND WILL BE MADE AT APPLICANT EXPENSES AND RISKS.
XI- DISPUTE RESOLUTION – GOVERNING LAW
Only French law and regulations are applicable. Failing with a friendly agreement, any dispute shall be finally resolved by the Courts of Versailles, even if there are more than two parties.