Article 1: Acceptance of Terms

By purchasing and accepting delivery of the products supplied by MAC BHM SCIENTIFIC, customers agree to be bound by these General Terms and Conditions of Sale (“General Terms and Conditions”).

Article 2: Modifications

Once submitted, any modification to the customer’s order may only be made with the written consent of MAC BHM SCIENTIFIC. Once the order has been submitted, the customer may cancel it only with the written consent of MAC BHM SCIENTIFIC. MAC BHM SCIENTIFIC reserves the right to cancel any order, in whole or in part, in the event of a breach of these General Terms and Conditions or any circumstance that reasonably leads MAC BHM SCIENTIFIC to doubt the customer’s solvency, willingness, or ability to perform.

Article 3: Delivery and Claims

All sales shall be delivered at MAC BHM SCIENTIFIC’s shipping point, unless otherwise specified. If shipping and handling charges are quoted or invoiced, they include fees in addition to actual transportation costs. Delivery of the products to the carrier at MAC BHM SCIENTIFIC’s shipping point constitutes delivery to the customer, who assumes all risks of loss or damage during transit. The customer must inspect the products upon receipt and notify MAC BHM SCIENTIFIC in writing of any claim within seven days. After this period, the products shall be deemed conforming and irrevocably accepted.

Article 4: Delays

Delivery dates are estimates only and do not constitute a firm commitment. MAC BHM SCIENTIFIC shall not be liable for any loss or damage resulting from delays or failure to deliver. If such an event continues for more than 180 days, either party may terminate the order, with the customer remaining liable for work already performed. In the event of force majeure or delays attributable to the customer, deadlines shall be extended by a reasonable period determined by MAC BHM SCIENTIFIC.

Article 5: Product Allocation

If MAC BHM SCIENTIFIC is unable to meet all product demands specified in the customer’s order, it shall not be held liable.

Article 6: Limitation of Liability for Equipment and Various Products

6A. Purpose and Scope

This article governs the use of equipment and various products sold by MAC BHM SCIENTIFIC.

6B. Lack of Supervision and Multiple Users

Equipment may be used by a large number of users, with or without supervision. MAC BHM SCIENTIFIC cannot guarantee continuous monitoring or the permanent integrity of products, materials, or samples. The company declines all liability in the event of:

deterioration, loss, theft, or destruction of stored materials;
improper handling by third parties;
overload, improper storage, or non‑compliant use of shared spaces.
“in the absence of any supporting documentation (laboratory notebook recording the use of the product or equipment; maintenance register; user log specifying user names and dates …)”

6C. Risks Inherent to Collaborative Environments

MAC BHM SCIENTIFIC cannot exclude unauthorized interventions, unintentional handling, or malicious acts. It shall not be liable for any direct or indirect consequences of such acts.

6D. User Responsibility

Each user is responsible for:

proper and compliant labeling of their products;
regular monitoring of their samples or materials;
compliance with safety and traceability rules;
implementing protective measures when necessary. Users acknowledge that storing items in shared spaces involves risks.

6E. Technical Failure of Equipment

In the event of breakdown, temperature fluctuation, power outage, or malfunction, MAC BHM SCIENTIFIC will intervene within a reasonable timeframe but does not guarantee the absence of damage. No liability shall be incurred for losses or scientific, financial, or operational consequences.

6F. General Exclusion of Liability

To the extent permitted by law, MAC BHM SCIENTIFIC excludes all liability for:

material, bodily, scientific, or financial damage;
consequences affecting projects, experiments, or publications;
loss of data, samples, reagents, materials, or equipment. No compensation may be claimed on these grounds.

Article 7: Prices and Payment Terms

Applicable prices are those in effect on the order date. Prices are exclusive of taxes and additional charges. Unless otherwise agreed, invoices are payable within 30 days from the date of issue. Any late payment shall automatically incur:

late interest at the legal rate plus ten percentage points;
the statutory recovery fee. MAC BHM SCIENTIFIC may suspend deliveries in case of late payment.

Article 8: Force Majeure

Neither party shall be liable in the event of force majeure as defined by Article 1218 of the French Civil Code. Events considered force majeure include, but are not limited to: natural disasters, fires, pandemics, strikes, terrorism, war, power outages, or major supplier failures. The affected party must notify the other party as soon as possible.

Article 9: Intellectual Property

MAC BHM SCIENTIFIC retains all intellectual property rights related to products, documents, software, methods, and know‑how provided. No reproduction, modification, or distribution is permitted without prior written consent.

Article 10: Confidentiality

Each party agrees to keep confidential all technical, scientific, commercial, or financial information obtained during the contractual relationship. This obligation remains in force for five years after termination of the contract.

Article 11: Limited Warranty

MAC BHM SCIENTIFIC warrants that products conform to their specifications at the time of delivery for 12 months. The warranty is limited to replacement or refund of the non‑conforming product. It does not cover:

normal wear and tear;
damage resulting from improper use;
unauthorized interventions.

Article 12: General Limitation of Liability

MAC BHM SCIENTIFIC’s total liability is limited to the amount paid by the customer for the relevant order. MAC BHM SCIENTIFIC shall not be liable for indirect, immaterial, or consequential damages, including loss of operations, data, or scientific results.

Article 13: Governing Law and Jurisdiction

These General Terms and Conditions are governed by French law. Any dispute shall be submitted to the exclusive jurisdiction of the courts of the district in which MAC BHM SCIENTIFIC’s registered office is located.