Article 1 – General Provisions
These General Terms and Conditions of Sale govern the relationship between LABOSEM (SAS), hereinafter referred to as “LABOSEM”, and its customers, hereinafter referred to as the “Clients”. These relations concern the provision of services, analyses, and training, hereinafter referred to as the “Services”.
Any order implies the Client’s unconditional acceptance of these General Terms and Conditions of Sale, regardless of any clauses that may appear on the Client’s documents, in particular its own purchasing conditions.
LABOSEM reserves the right to amend these General Terms and Conditions of Sale at any time. In accordance with applicable regulations, these GTCS are systematically provided to any Client who requests them.
Article 2 – Orders
Clients place orders for Services either by requesting a quotation or directly by sending the samples or products to be analysed, accompanied by a service request form (available on LABOSEM’s website) specifying 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 address.
In the absence of information from the Client, LABOSEM will apply the analytical methods or techniques it deems most appropriate, without its liability being incurred.
Samples or products received by LABOSEM must be in good condition. LABOSEM cannot be held responsible for the quality or representativeness of the sampling, unless the sampling operation forms part of the Service requested by the Client and has been explicitly accepted by LABOSEM. The preparation, packaging, and transport of samples or products are entirely the responsibility of the Client.
If a product presents any hazards, the Client must inform LABOSEM prior to shipment and specify the nature of these hazards. Where a phytosanitary treatment has been applied to 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, should the characteristics of the samples or products received differ from those stated by the Client when the quotation was prepared, LABOSEM reserves the right to revise the quotation. In the absence of a validated quotation, the order is deemed final once the samples or products accompanied by the service request form have been received, verified, and registered in the laboratory’s information system.
LABOSEM informs its Clients that test reports issued outside the scope of accreditation are neither presumed to comply with the reference standard nor covered by international recognition agreements. Furthermore, Clients are not authorised to use the accreditation mark except on the full and complete test report.
Any subsequent modification of an order is subject to LABOSEM’s prior acceptance. LABOSEM reserves the right to refuse any order for justified reasons.
Article 3 – Pricing
A catalogue of the main analytical Services is issued each year to provide reference prices. Upon request, LABOSEM supplies the pricing for Services not listed in the catalogue by any means convenient to the Client.
Service prices are those in effect on the day the Service is performed. Prices are expressed in euros and calculated before tax; VAT and any other applicable taxes on the day of invoicing will be added. Shipping costs for the dispatch or return of samples or products are always borne by the Client and will be invoiced in addition to the Service cost where applicable.
LABOSEM reserves the right to modify its prices at any time. However, Services will be invoiced at the prices in effect at the time the order was recorded.
Article 4 – Delivery of Results and Return of Products
LABOSEM will make every effort to minimise the turnaround time for results or product returns and to comply with the agreed deadlines. However, turnaround times are provided for information purposes only, as they depend on the order of arrival of samples, compliance with preparation requirements, potential requests for additional information before or during the Service, and the possible need for re-analysis. Delays cannot give rise to penalties, compensation, or cancellation of the order.
Results are issued in PDF format, which constitutes the sole reference in the event of a dispute. PDF reports are sent by email or made available through a secure platform. Upon request (or when no valid email address is provided), PDF reports will be printed and sent by post.
The laboratory may issue an interim report or a final report. The interim report is a partial document used to transmit results already available (microsorting, purity, counts, thousand-seed weight, moisture content) pending completion of germination tests. “Interim” is indicated at the top of the report.
The final report contains all results for the same sample. “Final” is indicated at the top.
Note: A final report will always be issued when an interim report has been provided; it will repeat all previously delivered results and add germination results.
Upon request, the laboratory may issue a duplicate of a test report. The requester must already be listed as an authorised recipient of the original report. The duplicate will be an exact copy of the original report, without any modification, and may be sent by the same means or by other means specified by the requester and recorded on the registration form.
For information purposes only, analysis results may be communicated by telephone or transmitted in digital file format; these communications have no contractual value. Only the final report is legally binding. Reproduction of the test report is authorised only in its complete form.
Unless explicitly requested by the Client and accepted by LABOSEM, samples submitted for analysis will not be returned. Any request for sample return will incur additional charges. If the entire sample is returned, the Client waives any right to complaint.
For Services requiring the return of products, LABOSEM will select an appropriate transport method based on volume and weight, unless a specific method has been agreed beforehand with the Client. Products travel at the Client’s risk. The Client may request shipment with declared value, providing the amount prior to dispatch. LABOSEM cannot be held liable for any errors by the transport company.
Article 5 – Invoicing and Payment
Any Service that has been started, even if cancelled at the Client’s request before completion, will be invoiced.
Invoices must be paid by cheque or bank transfer within a maximum of 30 days from the invoice date.
No discount is granted for early payment.
In the event of late payment, penalties calculated at three times the legal interest rate will apply, along with a fixed €40 recovery fee in accordance with the French Commercial Code. Late payment may result in suspension or cancellation of current orders or refusal of new orders, without compensation. LABOSEM may require advance payment for future orders in the event of recurrent late payments or may refuse new orders altogether.
In the event of total or partial non-payment, LABOSEM reserves the right to refer the matter to the competent court to enforce payment, subject to daily penalties.
Article 6 – Confidentiality
LABOSEM undertakes to handle confidentially all data, results, and analysis reports related to the Services entrusted by the Client and will not disclose them to third parties other than those designated by the Client, without the Client’s prior consent.
LABOSEM also undertakes to keep confidential any technical or commercial information communicated for the performance of the Services and identified as confidential by the Client.
If the laboratory is legally required to disclose confidential information, the Client or the concerned person will be notified of the information provided, unless prohibited by law.
Article 7 – Complaints
Any complaint may be submitted to LABOSEM by post, email, or telephone. The complaint should, where possible, include the reference of the relevant Service and a detailed description of the issue. The complaints-handling procedure is available upon request.
Article 8 – Limitation of Liability
LABOSEM provides Services and is therefore bound by an obligation of means.
In the event of a failure to perform a Service, LABOSEM’s liability may only be incurred for direct and immediate damages resulting from intentional breach of contractual obligations. Liability is limited to the amount invoiced to the Client for the Service concerned. The Client has a period of four months from the date of delivery of results or products to report, in writing, the existence of a defect.
LABOSEM cannot be held liable for results that the Client considers unsatisfactory or unsuitable for its intended use.
LABOSEM’s liability is also excluded in cases where non-performance or delay arises from the Client, from force majeure as defined in Article 1148 of the French Civil Code, or from any circumstance beyond LABOSEM’s control.
Article 9 – Jurisdiction
Any dispute relating to the interpretation or performance of these General Terms and Conditions of Sale is governed by French law. Failing amicable resolution, the dispute will fall under the exclusive jurisdiction of the Commercial Court of Angers.
