genourob - marketing

TO ORDER A GNRB®

Correspondence

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General Terms & Conditions of Sale	The present terms and conditions of sale are agreed between Sarl GeNouRoB, a limited company with headquarters at L’Egretais 53500 Montenay, registered in the Laval trade register under no. 498 911 205 (hereinafter referred to as ‘GeNouRoB’) and any individual or legal entity that has acquired GNRB® equipment, as defined below (the ‘Customer’). 1.Scope The general terms and conditions of sale define the contractual relations between GeNouRoB and the Customer, together with the conditions that apply to any purchase of GNRB® equipment, as defined below. The purchase of GNRB® equipment implies acceptation without reserve of the present terms and conditions of sale by the Customer. These terms and conditions of sale prevail over all other general or special conditions that have not been expressly accepted by GeNouRoB, which reserves the right to modify its terms and conditions of sale at any time. In the event of the terms and conditions of sale being modified, the conditions to be applied are those in force on the date of order by the Customer. 2.Product The GNRB® equipment (hereinafter referred to as the ‘GNRB®’) is a device that diagnoses injuries (total or partial ruptures) of the anterior cruciate ligament of the knee of an individual by recording the displacement of their tibia for each force via a sensor placed on the anterior tibial tuberosity. A comparative study of the measurements from both knees enables the type of ACL injury to be determined. The GNRB® is a CE marked product (certificate issued by the G’MED on 08/12/2008) and complies with the EMC standard EN 60601, with certification awarded by the LNE on ) 3. Order All orders for the GNRB® are firm once they have been sent by any means, once the contract review has been returned, signed, to GeNouRoB and following the payment of a fifty per cent (50%) deposit of the total price of the order determined under the conditions specified below. Any modification or cancellation of the order requested by the Customer will only be considered if presented in writing prior to the dispatch of the GNRB®. If GeNouRoB does not accept the modification or cancellation, no deposits will be returned. The sale is concluded when the order is accepted by GeNouRoB by any means. The beneficiary of the order is personal to the Customer and cannot be conceded without the prior express agreement of GeNouRoB. 4.Dispatch – Delivery - Receipt 4.1. The customer assumes all risks as regards the delivery of the products. GeNouRoB declines all responsibility for alterations, loss or deterioration occurring during transport. It is the Customer’s responsibility to notify the carrier by recorded letter of any alterations, loss or deterioration within three (3) days of receiving the GNRB®, in accordance with the provisions of article L 133-3 of the Code of Commerce. 4.2. Delivery is made either by directly providing the GNRB® to the Customer, or by transfer to a shipper or carrier in the GeNouRoB premises. Delivery times are given for information purposes only and depend on the availability of supply and transport of GeNouRoB. As a result, late delivery of an order cannot give rise to the cancellation or modification of the order in question, or to a change in the price of the order, or to granting of compensation by GeNouRoB. Furthermore, GeNouRoB is released from its duty to fulfil orders in the case of events of force majeure that make deliveries impossible. 4.3. Receipt results from the signing of the delivery note by the Customer. The Customer checks the GNRB® dispatch on arrival, making, if necessary, any reserves in the event of alterations, loss or deterioration in the manner and within the time limit provided for in article L 133-3 of the Code of Commerce. As from the date of receipt, the GNRB® is the risk of the Customer, notwithstanding the title retention clause below. 5. Price Unless an express, written agreement has been made between the parties, the price of the GNRB® is given for information purposes only, as the invoice is always issued in relation to the price in force on the date of order. The price does not include tax and is ex-works from L’Egretais (Incoterms 2000). VAT is added at the legal rate. Any duty, tax, fees or other services to be paid under French or European regulations, or those of an import or transit country, are the responsibility of the Customer. 6. Payment - Late payment penalties All orders are subject to the payment of fifty per cent (50%) of the total amount of the invoice, payable on placing the order, which shall be considered as a deposit. Unless specified otherwise, the balance of the invoice must be paid on delivery of the GNRB®. All amounts due by the Customer are to be paid by cheque or by bank transfer, on the due date, without a discount, by a bank cheque issued by a bank based in mainland France or in an EU country. Early payment by the Customer cannot give rise to a discount. Any complaint by the Customer cannot be a reason for postponing or suspending payment of any amount due by the Customer to GeNouRoB. Any amount not paid by the Customer on the due date shall automatically result in the application of late payment penalties equal to one and a half times the legal rate of interest (law no. 20001-420 of 15 May 2001, known as the “NRE” law), applicable as of the day following the payment date detailed on each invoice. All costs incurred by the contentious recovery of amounts due by the Customer shall be paid by the Customer. 7. Title retention In accordance with the provisions of article 2367 of the Civil Code, GeNouRoB shall retain ownership of the GNRB® until full payment has been received from the Customer, with the transfer of ownership of the GNRB® occurring on full payment of the cost. However, throughout the period from the moment of delivery to the transfer of ownership, risks of loss, theft, deterioration or destruction are the responsibility of the Customer. 8. Warranty – Complaints – Limit of responsibility 8.1 GeNouRoB guarantees that the delivered products comply with regulations in force and with the specifications as detailed in the instructions, subject to the conditions of use of the GNRB® being followed. Any complaints regarding the compliancy of the GNRB® must be notified without delay by the Customer, who must also supply any evidence to justify their complaint. Any complaint by the Customer does not exempt them from paying amounts due to GeNouRoB on the due date. 8.2 GeNouRoB may in no way be held responsible for claims involving contractual responsibility, criminal responsibility or any other claims for all indirect or direct damage, incidents and accessories of any nature, or for any prejudice including, but not limited to, moral, financial or commercial prejudice, such as, in particular, the loss of profits, turnover or opportunities arising from the use of the GNRB®. 8.3 By accepting the present general terms and conditions of sale, the Customer acknowledges that the GNRB® is a measuring instrument that has been subject to statistical tests. Consequently, the Customer undertakes only to use the GNRB® in the conditions specified in the instructions for use and only to take decisions based on the use of the GNRB® after confirmation of the diagnosis, the interpretation of which is solely the responsibility of the Customer. The Customer acknowledges and accepts that the GNRB® is for use under their entire responsibility and that GeNouRoB can in no way be held liable in the event of complaints, damage or loss that may result from the use of the GNRB® by the Customer. As a result, GeNouRoB can in no way be held responsible for a decision that the Customer may take based on the use of the GNRB®. 8.4 The Customer undertakes to compensate and to free GeNouRoB of any responsibility concerning any complaint, expense or damage arising from the abnormal, improper or non-compliant use of the GNRB®, from negligence, breach of the present general terms and conditions of sale or any fault of the Customer, particularly including, but not limited to, use of the GNRB® in conditions or for purposes other than those for which the GNRB® has been authorized. 9. Trademarks and intellectual property rights. GNRB®, together with all signs and distinctive names included on the GNRB®, are registered trademarks, the use of which is not granted to the Customer under the present contract. The present general terms and conditions of sale do not involve any transfer of licence, patent or any other intellectual property rights whatsoever, or any marketing and/or distribution rights by GeNouRoB to the Customer as regards the GNRB®. The Customer must comply with all the laws, rules and/or guidelines applicable to the use of the GNRB®. Any resale of the GNRB® must be subject to the prior agreement of GeNouRoB and will be subject to the general terms and conditions of GeNouRoB. 10. Applicable law Any questions regarding the present general terms and conditions of sale, together with the sales it governs, which have not been covered by the present contractual stipulations, shall be governed by French law, to the exclusion of any other law and, as a supplement, by the Vienna convention on the international sale of goods. 11. Scope and jurisdiction Any dispute arising from the application of the present general terms and conditions of sale and their interpretation, performance and the sales contracts agreed by GeNouRoB, or payment of the price, shall be brought before the Commercial Court of the headquarters of GeNouRoB, including the introduction of third parties or multiple respondents.
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