CHERRY BIOTECH S.A.S. Terms & Conditions

  1. General

1.1. Product Utilization – wear proper body protection during experience. Do not operate in an explosive environment. Do not operate in wet/damp conditions. Do not use CHERRY BIOTECH products as safety or emergency stop devices or in any other application where failure of the product could result in personal injury. The protective features of this product may be impaired if it is used in a manner not specified in the operating instructions. Before installing, handling, using or servicing this product, please consult the Customer documentation (Installation guidelines & User guide). Failure to comply with these instructions could result in death or serious injury. If the buyer shall purchase or use CHERRY BIOTECH products for any unintended or unauthorized application, the buyer shall defend, indemnify and hold harmless CHERRY BIOTECH and its officers, employees, subsidiaries, affiliates and distributors against all claims, costs, damages and expenses, and reasonable attorney fees arising out of, directly or indirectly, any claim of personal injury or death associated with such unintended or unauthorized use, even if CHERRY BIOTECH shall be allegedly negligent with respect to the design or the manufacture of the product.

1.2. Returns Policy Damaged or Incorrect Goods – We hope that you will be pleased with your purchase. However, in the unlikely event that you should receive damaged or incorrect goods in your delivery, then please notify us within 7 business days of receipt. You will be offered the option of a refund or an exchange (provided the goods are in stock). You may be asked to return goods to us for inspection and we will refund the cost of return postage. Should the damaged or incorrect item be no longer available, you will be given the option of a refund. Please note that goods that become damaged or broken after 7 business days of receipt cannot be returned.

1.3. Unwanted Items & Cancellations – If for any reason you do not wish to keep your purchase and would like a store credit, then please notify us within 7 business days of receipt. We cannot accept unwanted returns that have been opened, used or damaged by the customer. We will only issue a credit upon receipt of all returned goods. Please note that we are unable to refund your costs in returning unwanted goods or the delivery costs of sending the goods to you in the first place. If you wish to cancel your order please email us immediately on contact@cherrybiotech.com.

1.4. Privacy Policy – Customer details remain private and confidential and will not be released to a third party unless required to do so by law. We use the information we collect about you to process orders, to provide a more personalized shopping experience and, if you request, to notify you of products, special offers or other information that may be of interest to you. We do not sell or pass on any personal information to any other Companies or Organizations.

1.5. Applicable law and jurisdiction – These Terms and Conditions are governed by the laws of France and will be interpreted in accordance with the French courts. The French courts shall have exclusive jurisdiction to settle any claim or dispute which might arise out of or in connection with these terms and conditions.

1.6. CHERRY BIOTECH may use your Company Names and Logos in case studies, promotional materials, or other write-ups, unless you request otherwise.

1.7. Contact Permission – CHERRY BIOTECH and its officers, employees, subsidiaries, affiliates and distributors could send you money-off coupons, exclusive offers and the latest information from CHERRY BIOTECH by email, post, SMS, Phone and other electronic means. We’ll always treat your personal details with the utmost care and will never sell them to other companies for marketing purposes. GDPR compliant, send an email to contact@cherrybiotech.com to remove you from our communication list.

  1. Prices

2.1. All prices are quoted as net prices and do not include value added tax, which is to be paid additionally by the Customer in the amount specified by applicable law.

2.2. Unless otherwise expressly agreed, prices are quoted ex works of the CHERRY BIOTECH facilities. The Customer shall bear all additional freight costs, packing costs in excess of standard packing, public fees (including withholding taxes) and duties.

  1. Products

3.1. Please note that some goods may vary in style, color or detail from the image shown. We reserve the right to change prices at any time without notice. Important Read all Instructions, warnings and precautions prior to use.

3.2. Electrostatic Discharge (ESD) precautions – The inherent design of this component causes it to be sensitive to ESD. To prevent ESD-induced damage and/or degradation, take customary and statutory ESD precautions when handling this product.

3.3. Ownership – According to the present ownership clause, products and accessories remain CHERRY BIOTECH property until full payment has been received by the Customer.

3.4. No Reverse Engineering –  In agreeing with this contract the purchaser shall not, directly or indirectly, modify the features or functionality of, copy or create derivative works using all or any portion of, analyze or remove electronic components from, decompile, or otherwise reverse engineer or attempt to reverse engineer or derive source code, techniques, algorithms or processes from the CherryTemp platform including all its individual elements (Temp, Loop, Exchangers, ergonomic elements or CherrySoft software) or permit or encourage any third-party to do so.

3.5. Environmental Conditions – This instrument is intended for indoor use. It is designed to operate at a maximum relative humidity of 95% and at altitudes of up to 2000 meters. Operating temperature range is +5°C to 45°C. Do not operate in an explosive atmosphere. Do not operate the instrument in the presence of flammable gases or fumes. Before applying power, verify that the line voltage matches the product’s input voltage requirements and the correct fuse is installed. Use only the specified line cord for this product and make sure the line cord is certified for the country of use.

3.6. Fuses – Only fuses with the required rated current, voltage, and specified type (normal blow, time delay, etc.) should be used. Do not use repaired fuses or short-circuited fuse holders. To do so could cause a shock or fire hazard. Keep away from live circuits Operating personnel must not remove instrument covers.

3.7. Component Replacement – Component replacement and internal adjustments must be made by qualified service personnel from CHERRY BIOTECH company only, subject to the loss of the warranty. Do not replace components with power cable connected. Under certain conditions, dangerous voltages may exist even with the power cable removed. To avoid injuries, always disconnect power, discharge circuits and remove external voltage sources before touching components. Do not service or adjust alone. Do not attempt internal service or adjustment unless another person, capable of rendering first aid and resuscitation, is present. Do not substitute parts or modify instrument. Because of the danger of introducing additional hazards, do not install substitute parts or perform any unauthorized modification to the instrument. Return the instrument to a CHERRY BIOTECH Office for service and repair to ensure that safety features are maintained. Instruments which appear damaged or defective should be made inoperative and secured against unintended operation until they can be repaired by qualified service personnel.

3.8. CE Compliance – This product meets the essential requirements of applicable European Directives, as amended for CE marking, as follows: Electromagnetic Compatibility COUNCIL DIRECTIVE 89/336/EEC of 3 May 1989. This directive has been amended by the following Council Directives: (i) 92/59/eec of 29 June 1992 (General Product Safety) ; (ii) 93/68/eec of 22 July 1993 (CE Marking directive) ; (iii) 99/5/ec: Directive of Radio Equipment & Telecommunications Terminal Equipment (R&TTE).

  1. Delivery

4.1. Unless otherwise expressly agreed, CHERRY BIOTECH shall deliver ex works (EXW INCOTERMS 2010) of the CHERRY BIOTECH facilities using these Terms and Conditions.

4.2. Unless otherwise expressly agreed, CHERRY BIOTECH shall deliver within net 60 days of the purchase order date. Delivery dates are indicative. CHERRY BIOTECH shall not be liable for any delay in delivery. Claims arising from delivery delays will not lead to any financial compensation from CHERRY BIOTECH company. In case of major delays in delivery dates, claims will be treated amicably.

  1. Payment & Procedures

5.1. Payment from private customers must be paid for in advance of shipment. Trade orders from registered companies or organizations can be invoiced. Payment is due strictly within net 30 days of the invoice date.

5.2. Statutory Fixed Charge & Late Payments Costs – In case of late payment an indemnity of EUR 40 is fixed for recovery costs. The statutory interest rate for late payments is set by the European Central Bank’s main refinancing rate.

  1. Assistance, Warranty & Insurance

6.1. Assistance – CHERRY BIOTECH Sales and Service office for further information on CHERRY BIOTECH full line of Support Programs. See: https://www.cherrybiotech.com/customer-care. The general safety precautions must be observed during all phases of operation, service, and repair of this instrument. Failure to comply with these precautions or with specific warnings elsewhere in this manual violates safety standards of design, manufacture, and intended use of the instrument. CHERRY BIOTECH assumes no liability for the customer’s failure to comply with these requirements.

6.2. Legal Warranty as Specified in French Code 2014-344 – art. 211-7. Products are warranted against defects in material and workmanship for a period of 2 years (European Union) or 1 year (World) from date of delivery (art. L211-7 – 2014-344). The CHERRY BIOTECH hardware products are warranted against defects in material and workmanship for a period of 2 years from date of delivery except for: (i) the CHERRY BIOTECH consumables (chips, spacers, chambers, liquids) warranted 30 days from date of delivery ; (ii) the CHERRY BIOTECH software and firmware products, that are designated by CHERRY BIOTECH for use with a hardware product and when properly installed on that product, warranted not to fail to execute their programming instructions due to defects in material and workmanship for a period of 90 days from date of delivery. During the warranty period CHERRY BIOTECH will, either repair or replace products that prove to be defective. CHERRY BIOTECH does not warrant that the operation for the software, firmware or hardware shall be uninterrupted or error free. For warranty service, this product must be returned to a service facility designated by CHERRY BIOTECH. If CHERRY BIOTECH is unable, within a reasonable time to repair or replace any product to condition as warranted, the Customer shall be entitled to a refund of the purchase price upon return of the product to CHERRY BIOTECH. This warranty does not apply to any equipment which has not been installed and used within the specifications recommended by CHERRY BIOTECH for the intended and proper use of the equipment.

6.3. Limitation of warranty – CHERRY BIOTECH explicitly disclaims all warranties, express or implied, for any period during which the goods are operated or stored not in accordance with the technical specifications. CHERRY BIOTECH expressly disclaims any warranties for issues arising out of any reason of act of God, fire, flood, or other natural disaster, malicious injury, strikes, lock-outs, or other labour troubles, riots, insurrection, war or other reason of like nature that would not result from Cherry Biotech’s fault. CHERRY BIOTECH does not assume any liability arising out of any application or use of any product or circuit and specifically disclaims any and all liability, including without limitation consequential or incidental damages. All operating parameters, including without limitation recommended parameters, must be validated for each customer’s applications by customer’s technical experts. Recommended parameters can and do vary in different applications. CHERRY BIOTECH reserves the right, without further notice, (i) to change the product specifications and/or the information in this document and (ii) to improve reliability, functions and design of this product. The foregoing warranty shall not apply to defects resulting from improper or inadequate maintenance by the Customer, Customer-supplied software or interfacing, unauthorized modification or misuse, operation outside of the environmental specifications for the product, or improper site preparation and maintenance.

6.4. CherryCare Insurance – This additional Insurance includes all the details mentioned in the Legal Warranty (see 5.1.) and its limitation (5.2.). This Insurance does not cover purchases of the Products from a Reseller by a party who is not intending to be the end user of the product.
CherryCare “Fast publication” Insurance includes: (i) Hardware repaired for free; (ii) a free loaner system in the event your system requires a repair taking 3+ weeks; (iii) anticipation of any calibration offset (Gemini©); (iv) software upgrades and free releases; (v) Free* shipping back and forth to your address (*excl. taxes).
Cherry Care “Premium” Insurance includes: (i) all advantages of Cherry Care “Fast publication”; (ii) easy and free supply of consumables up to 6 chips per year, 20 elastomers per year, 20 spacers per year and one-year liquid refills per year.

Support service under any Cherry Care is defined by the following terms: (i) the CherryCare insurance terms are only valid if the Customer expressly specifies to CHERRY BIOTECH Support team the object of the issue (support@cherrybiotech.com); (ii) The Support team will reply to the user to diagnosis the system within 24h (working days); (iii) a solution is given to the user depending on the issue’s features (hardware vs software); (iv) for software issues, a remote solution (e.g. via emails, phone call, conference call…) is provided; (v) for hardware issues, return of the system (parts or entire system) following a dedicated procedure is organized.  The Cherry support team takes in charge all the shipping procedure. We send you a loaner system in case an after-sales service immobilizes your machine for more than 3 weeks; (vi) for the anticipation of calibration offset (Gemini ©), the Customer is required to provide a file from the software, CHERRY BIOTECH will provide the process and/or the hardware to correct the risk of deviation of the sensors; (vii) CherrySoft software updates are available on our website and users will be warned by email; updates shall then be installed by the user.

6.5. CherryCare Insurance limitations – The following elements are not included in this additional insurance: (i) boundary duty & taxes are not included; (ii) repairs in case of improper use of the equipment. Hardware repairs apply to any equipment which has been installed and used within the specifications recommended by CHERRY BIOTECH (see 1.1.) for the intended and proper use of the equipment; (iii) the CherryCare insurance will not be valid if the declaration of the problem is anterior to the formal purchase order of a CherryCare insurance. CherryCare must be validated and paid to ensure the user to benefit from all the services included.

6.6. Exclusive remedies – The remedies provided herein are the customer’s sole and exclusive remedies and would be limited to a maximum total amount of EUR 15,000. CHERRY BIOTECH shall not be liable for any direct, indirect, special, incidental, or consequential damages, whether based on contract, tort, or any other legal theory. No other warranty is expressed or implied. CHERRY BIOTECH specifically disclaims the implied warranties of merchantability and fitness for a particular purpose. This Limitation of Warranty and Liability shall be applicable to any claim presented to Cherry Biotech whether the legal theory forming the basis of such claim involves contract, tort, negligence, strict liability or otherwise.

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