Our interventions and services are subject to these general terms and conditions of sale unless expressly waived in writing by BIOMEDIQA.
Article 1 – BIOMEDIQA’S OBLIGATIONS
A service proposal is drawn up for each assignment requested by the customer. It is valid for a period of one month from the date of issue.
BIOMEDIQA’s interventions do not replace the activities of manufacturers or installers, or the services of technical or biomedical companies or services responsible for managing, operating, servicing or maintaining the devices.
When BIOMEDIQA’s services include the verification of equipment or installations, this is carried out by visual examinations and measurements carried out using non-destructive testing equipment supplied by BIOMEDIQA, the regular and regulatory verification and calibration of which is ensured by BIOMEDIQA.
These checks only concern the parts that are visible and accessible at the time of the BIOMEDIQA technical team’s intervention, which does not carry out any dismantling or destructive probing, interfacing or modification of the characteristics of the equipment checked.
Whatever the service provided, it is not the responsibility of BIOMEDIQA to ensure that the opinions it has issued are followed by action or to take the necessary measures to eliminate any non-conformities reported.
BIOMEDIQA’s technical team carries out its tasks in accordance with the provisions of this contract.
The interventions give rise to the signature, where applicable, by the BIOMEDIQA technician of the operations register which must be presented to him by the customer. BIOMEDIQA’s operatives shall go to the customer’s site with their own delayed-reading dosimeter and, where applicable, their own operational dosimeter.
Article 2 – CUSTOMER’S OBLIGATIONS
Before the start of the first operation in an establishment, the BIOMEDIQA operative must report to the head of the establishment or his representative. They will carry out a joint inspection of the workplaces concerned by the intervention and the routes to be taken to access them.
During this preliminary discussion, the instructions in force in the establishment that BIOMEDIQA’s operatives will have to comply with will also be communicated. BIOMEDIQA’s qualified personnel have access to the premises and medical equipment as part of their duties and with respect for the privacy and confidentiality of patients.
It is the client’s responsibility to provide BIOMEDIQA with the plans of the installations in its possession, necessary for the accomplishment of the mission.
The customer must appoint a qualified escort who is able to :
Carry out or have carried out the operations necessary for BIOMEDIQA’s intervention,
Take all necessary steps to ensure that the work is carried out properly,
Facilitate access to the installations, equipment and apparatus,
To ensure the operation and preparation of the installation when this is required,
Respect the date and time of the agreed appointment,
Sign the work order at the end of the job.
Whatever the nature of its mission, BIOMEDIQA can never be in charge of the installations covered by the contract.
This means that the customer retains custody throughout BIOMEDIQA’s assignment, and BIOMEDIQA is not liable for the installation being put back into operation after the assignment.
Any additional on-site intervention (excluding expert assessments as mentioned in the contract) will be invoiced as follows:
Fixed price for ½ day: €600.00 excluding VAT (plus travel expenses).
Fixed fee for 1 day: € 950.00 excluding VAT (plus travel expenses).
The pricing conditions are guaranteed subject to compliance with the above conditions.
In the event that the conditions are not met and/or the technician is already on site (equipment unavailable, breakdown, unforeseen circumstances preventing the intervention), a fixed fee of €350 excluding VAT will be charged for travel expenses.
Article 3 – PAYMENT TERMS
Invoices issued by BIOMEDIQA are payable net, without discount, within 30 days of issue, for private establishments.
In the case of public establishments, invoices issued by BIOMEDIQA are payable net, without discount, in accordance with public accounting rules, within 50 days of receipt of the invoice.
Any delay in payment will automatically and without prior notice result in the application of a late payment penalty equal to 1.5 times the legal interest rate. These penalties will run from the day after the due date for payment until the day on which the sums due are paid in full, any calendar month commenced being due in full.
Article 4 – Response times
The intervention deadlines are agreed in advance between the customer and BIOMEDIQA.
Whichever of the two parties initiates a postponement will inform the other at least two weeks before the scheduled date.
Failing this, we reserve the right to invoice the costs incurred.
Article 5 – LIABILITY
BIOMEDIQA undertakes to carry out the services for which it is responsible in accordance with the best practice of its profession. However, if BIOMEDIQA’s liability is recognised in respect of a service provided within three months of its completion, the compensation that may be paid to the customer shall under no circumstances exceed the price corresponding to the service and in proportion to the time spent on the device concerned by the dispute, as evidenced by the work order.
Under no circumstances shall BIOMEDIQ be held liable in the event of use of the equipment or installations for purposes that have not been notified to BIOMEDIQ.
Furthermore, BIOMEDIQA does not at any time assume custody of the installations or equipment subjected to checks, tests or trials.
Consequently, it is the sole responsibility of the customer to take all necessary measures to ensure the safety of persons and property at all times.
Article 6 – CONFIDENTIALITY
All information belonging to one of the parties and of which the other party becomes aware during the pre-contractual phase and during the performance of the assignment will be considered as confidential information and may not be published or disclosed to third parties without the prior written authorisation of the party owning the said information.
The obligation of confidentiality will remain in force after the expiry or termination of the contract.
Article 7 – INTELLECTUAL PROPERTY
The customer is the owner of the report provided by BIOMEDIQA at the end of its service. The technical processes designed and used (including the quality system), as well as the knowledge (patents, know-how, software, etc.) implemented by BIOMEDIQA (or its service providers) to carry out the services are part of BIOMEDIQA’s own assets and remain its property.
Article 8 – ATTRIBUTION OF JURISDICTION
Unless otherwise provided by law, any dispute shall fall within the exclusive jurisdiction of the Commercial Court of LILLE, which shall apply French law.
