Article 1 – General Provisions
These general terms and conditions of sale govern the relationship between the company LABOSEM (SAS), hereinafter referred to as “LABOSEM,” and its clients, hereinafter referred to as “Clients.” These relations concern the provision of services, analyses, and training, hereinafter referred to as “the Services.” Any order implies the buyer’s unconditional acceptance of these general terms and conditions of sale, regardless of any clauses that may appear on the Client’s documents, including its own general purchasing conditions.
LABOSEM reserves the right to modify these general terms and conditions of sale. In accordance with current regulations, these terms and conditions are systematically communicated to any Client upon request.
Article 2 – Orders
Clients place orders for Services either by requesting a quotation or by directly sending the samples or products subject to the Service, accompanied by a service request form (either a pre-defined form or a free-format document). This document must specify the identification of the samples or products, the Services to be performed, the address(es) for sending the results or returning the product, and the billing details.
If the Client does not provide specific instructions, LABOSEM will apply the analytical methods or techniques that it deems most appropriate, without its responsibility being called into question.
The samples or products received by LABOSEM must be in good condition. LABOSEM shall not be held responsible for the sampling process, its representativeness, the packaging, or the transport of samples or products, which remain entirely the Client’s responsibility.
If a product presents hazards, the Client must inform LABOSEM before sending it and specify the nature of the hazards. If phytosanitary treatment has been applied to the seeds, the Client must inform the laboratory.
An order is considered final once the quotation validated by the Client has been received by the laboratory. However, if the characteristics of the samples or products received do not match those initially provided by the Client for the quotation, the laboratory reserves the right to update the quotation accordingly.
If no validated quotation is provided, the order is considered final once the samples or products, accompanied by the service request form, have been received, checked, and recorded in the laboratory’s information system.
LABOSEM informs its Clients that result reports that are not issued under accreditation are neither presumed compliant with the applicable standard nor covered by international recognition agreements. Furthermore, laboratory Clients are not authorized to use the accreditation mark except on the complete result report.
Any subsequent modification of the order is subject to LABOSEM’s prior approval. LABOSEM reserves the right to refuse any order for justified reasons.
Article 3 – Pricing
A catalog of the main analysis Services is published annually to provide reference prices. Upon request, LABOSEM will provide the pricing for Services not listed in the catalog by any means convenient to the Client.
The prices of Services sold are those in effect on the date of the Service. Prices are stated in euros and calculated excluding taxes. Consequently, they will be increased by the applicable VAT rate or other applicable taxes at the time of invoicing.
Shipping costs for sending or returning samples or products are always the Client’s responsibility and will be invoiced in addition to the cost of the Services, if applicable.
Article 4 – Delivery of Results and Product Returns
LABOSEM reserves the right to modify its prices at any time. However, it commits to invoicing Services ordered at the rates indicated when the order is registered.
LABOSEM will strive to minimize the turnaround time for delivering results or returning products and to meet the deadlines agreed upon with the Client. However, delivery deadlines are for informational purposes only, as they depend on the order processing queue, the preparation conditions of the samples or products sent by the Client, any requests for additional information before or during the Service, and the potential need for reanalysis. Delays in result or product delivery cannot result in any penalties, compensation, or order cancellation.
Analysis results are provided in paper reports sent by mail, unless Clients have opted for digital delivery and signed a proof agreement in advance. The laboratory may issue either a provisional report or a final report:
- The provisional report is a partial report that provides all available results for micronet cleaning, purity, counting, thousand-grain weight (TGW), and moisture content while awaiting germination results (in the case of multiple analysis requests that include germination). The term « provisional » is clearly indicated at the top of the report.
- The final report includes all results obtained from a single sample, with the term « final » clearly indicated at the top. If a provisional report was issued, a final report will always follow, summarizing previously communicated results and adding the germination data.
Upon request, the laboratory can issue a duplicate analysis report. The request must come from a person already designated as a recipient of the original report. The duplicate will be an exact copy of the original report, with no modification of the data, and can be sent using the same or different methods as the original, as specified in the service request form.
For informational purposes, analysis results may be communicated by phone or digitally, but these hold no legal value. Only the final report is legally binding in the event of a dispute. Reproducing the analysis report is only permitted in its entirety.
Unless explicitly requested by the Client and approved by LABOSEM, samples submitted for analysis will not be returned. Requests for sample returns will incur additional charges for the Client. If the Client requests the return of the entire sample, they waive their right to make claims regarding the analysis.
For Services requiring product return, LABOSEM selects an appropriate transport method based on the volume and weight of the products unless the Client has specified a different arrangement in advance. Products are transported at the Client’s risk, who may request shipments to be made with a declared value. LABOSEM cannot be held responsible for any errors made by the transport company.
Article 5 – Invoicing and Payment
Any Service that has started will be invoiced, even if the Client requests its cancellation during execution.
Invoices must be paid by check or bank transfer within 30 days from the invoice date.
No discount will be granted for early payment.
In the event of late payment, penalties will be calculated at three times the legal interest rate, and a fixed compensation of €40 will be added for collection costs, in accordance with commercial law. Late payment may result in the suspension or cancellation of ongoing orders or refusal of new orders, without the Client being entitled to compensation.
For recurring late payments, LABOSEM may require upfront payment for new orders or refuse them altogether.
If payment is not made in full or in part, LABOSEM reserves the right to take legal action to enforce payment, with additional daily penalties for delays.
Article 6 – Confidentiality
LABOSEM commits to treating all data, results, and analysis reports confidentially and will not disclose them to third parties other than those designated by the Client without prior consent.
LABOSEM also treats all technical or commercial information received for the execution of Services as confidential. If legally required to disclose confidential information, LABOSEM will notify the Client unless prohibited by law.
Article 7 – Complaints
Complaints can be submitted to LABOSEM via mail, email, or phone. They should include the reference of the Service and a detailed description of the issue. A description of the complaint handling process is available upon request.
Article 8 – Liability Limitations
LABOSEM is obligated to provide best-effort services rather than guaranteeing results.
Its liability is limited to direct damages resulting from intentional breaches of contractual obligations, with compensation limited to the invoiced amount for the concerned Service.
LABOSEM cannot be held responsible for unsatisfactory results from the Client’s perspective, delays due to force majeure, or results that do not meet the Client’s intended purpose.
Article 9 – Jurisdiction
Any disputes concerning the interpretation or execution of these terms shall be governed by French law. If an amicable resolution is not reached, the dispute shall be brought before the Commercial Court of Angers.
