Cherry Biotech S.A.S Terms and Conditions

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.

Unwanted items and 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.

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.

Payments & Procedures. 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 30 days of the invoice date, net. Failure to pay by the due date shall entitle the Company to suspend delivery of all unexecuted or future orders. The time for payment of the price of the Products shall be of the essence. CHERRY BIOTECH reserves the right at any time in its absolute discretion to demand immediate payment of any account whether due or not and to take legal action to recover the debt and costs. If payment is not made in accordance with this Condition, CHERRY BIOTECH reserves the right to charge Statutory Interest on the overdue balances for the period from the date on which payment became due until the date on which payment is made including any period after the date of any judgement or decree against the Customer. In addition, each overdue invoice will attract a late payment compensation fee of 40 Euro.

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

Products & Prices. 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.

Warranties summary. Legal warranty as specified in French law 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 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. Customer shall prepay shipping charges (and shall pay all duty and taxes) for products returned to CHERRY BIOTECH for warranty service. Except for products returned to a Customer from another country, CHERRY BIOTECH shall pay for return of products to the Customer. 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.

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 explicitely 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.

Exclusive remedies. The remedies provided herein are the customer’s sole and exclusive remedies and would be limited to a maximum total amount of €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.

Assistance. CHERRY BIOTECH Sales and Service office for further information on CHERRY BIOTECH full line of Support Programs. See: www.CHERRYBIOTECH.com. The following 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.

General. Caution for research use only: wear proper body protection during experience. Do not operate in an explosive environment. Do not operate in wet/damp conditions. Do not use this product 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 data sheet and 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.

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

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.

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.

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.

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).

Delivery. 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. CHERRY BIOTECH Incoterms: Ex-works (EXW).

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.

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