Our general terms and conditions.
These Terms and Conditions are valid for any commercial relationship between BIDEA LAB, S.L.U. (hereinafter BIDEA LAB) and the CLIENT (CLIENT), even if they are not expressly referred to. Any divergent or complementary Terms or General Conditions of the client do not become part of the contract, even if they have not been expressly contradicted. By issuing an order to BIDEA LAB, the customer declares their binding consent to these Terms and Conditions. These General Terms and Conditions replace all previous documents containing such Terms and Conditions and may be subject to change at any time, without prior notice, written or otherwise. A client in the sense of these Terms and Conditions is a natural or legal person with sufficient legal capacity to contract the services of BIDEA LAB.
The Spanish version of the present Terms and Conditions prevails over the English version.
BIDEA LAB and the CLIENT undertake to treat confidentially all documents, data, materials and information provided by one of them to the other and not to disclose them to any third party, or use them for any other purpose other than the fulfillment and development of the contracted service, unless prior written consent of the other Party. This obligation will remain valid even after the termination of the contract. Both parties agree to impose the same confidentiality standard on employees or suppliers involved in the contracted activity.
Scope of contract
- The analysis activity of BIDEA LAB is exclusively limited to analyzing the existing state of the delivered sample at the time of execution of the analysis.
- BIDEA LAB is not responsible for the information and data provided by the client to carry out the test.
- This report and its results refer exclusively to the samples tested.
- The scope of supply of BIDEA LAB ends with the execution and delivery of the report. BIDEA LAB will not comment on the results, make value judgments, or issue opinions regarding the test results.
- The reports sent to the client are considered original. A copy of them will be filed in BIDEA LAB for a period of 5 years. If this period must be extended, written confirmation is required from the client. The total or partial reproduction of the BIDEA LAB test reports is prohibited.
- BIDEA LAB is not responsible for the decisions made by the client in relation to the results presented in the test reports.
- To start any of the contracted services, it is necessary to send BIDEA LAB the formal and express acceptance of its offer, ratifying it by means of a purchase order or payment in advance. The Client will be responsible for issuing the purchase order in favor of BIDEA LAB for the service that they wish to contract before the start of the service. The client will be responsible for paying BIDEA LAB the purchase price indicated in the Order within the due dates indicated by BIDEA LAB in its service invoice. In the absence of an order, the CLIENT may also confirm BIDEA LAB‘s offer by paying for the services offered by it in advance, by bank transfer, before the start of the service. The CLIENT explicitly accepts that the absence of an order or payment in advance, as well as the existence of unpaid overdue invoices, exempts BIDEA LAB from the execution of the contracted services.
- The prices offered are always subject to confirmation and are not binding until the purchase order is confirmed in writing. All prices offered are EXW (exworks) without packaging and are subject to the corresponding VAT. If the contaminating load of the sample to be tested is such that it saturates the test equipment, the laboratoty, in addition to billing the total amount of the purchase order, will raise an extraordinary debit note of € 1000 to cover capacity loss and cleaning costs.
- The term of execution of the analysis services to be carried out by BIDEA LAB will be approximately seven to ten working days after receiving the order and the samples (both conditions are necessary for the start of the services).
- After carrying out the analyses, the extraction filters will be stored in BIDEA LAB for a maximum of three months from the date of the analysis report, after which BIDEA LAB will proceed to destroy them, the CLIENT expressly renouncing any type of claim for this fact. .
- After carrying out the analyses, the sample components will be disposed of at the customer’s expense, the customer expressly waiving any claim for this fact.
- It is the client’s absolute responsibility to send BIDEA LAB the samples to be tested in a perfect state of preservation, preserved in such a way as to avoid contamination for subsequent analysis and in an adequate quantity for its practice. BIDEA LAB reserves the right to reject samples in the event that they are not received in perfect conditions for analysis and/or testing, proceeding, at the discretion of the laboratory, to return or eliminate them, at the customer’s expense.
- Unless expressly agreed otherwise, samples will be received at the BIDEA LAB facilities at c/ Mejía Lequerica 8 – 08028 in Barcelona, in the morning from 8:30 a.m. to 3:00 p.m. uninterruptedly from Monday to Friday.
- The client who contracts the performance of an analysis with BIDEA LAB, assumes full responsibility for the products, samples, specifications and technical documentation sent for it, leaving BIDEA LAB harmless against third party claims.
- At the conclusion of the inspections, BIDEA LAB will provide the analysis report in a standardized format, indicating in it the results obtained in the analytical determinations carried out. These results will make exclusive reference to the samples submitted for analysis.
- At the moment in which the offer of BIDEA LAB is accepted, unless otherwise indicated in writing by the CLIENT, the criteria for acceptance of test compliance will be carried out according to document IT-LAB04 available at www.bidea-lab. com
- The inspection report will, once delivered to the client, be the property of the client. Its dissemination to third parties, if any, must be carried out in its entirety, and may not be partially reproduced without the prior written authorization of BIDEA LAB.
- Unless expressly communicated, the test report will be delivered by email only and exclusively to the person designated by the client in writing. If the client requests it, BIDEA LAB will send an original of the report on paper by mail or courier against delivery as requested by the client.
The term of payment of BIDEA LAB is due at invoice date after the delivery of the service reports. BIDEA LAB only accepts payments by bank transfer to the account number indicated on the invoices. Bank charges, discounts or other expenses are borne by the customer. All expenses derived from the return of receipts or any other bank expense caused by the client’s non-payment on the agreed due date, will be charged and charged again to the client, regardless of the causes of this.
Responsibility and Guarantee
BIDEALAB‘s liability for claims of any nature will not exceed the basic contractual price as a whole and will not include in any case damages arising from loss of profits, loss of income, production or use, capital costs, costs of inactivity, delays and claims from customers of the Buyer, replacement energy costs, loss of anticipated savings, increase in operating costs or any special, indirect or consequential damages or losses of any kind. The limitation of liability contained in this clause shall prevail over any other contained in any other contractual document that is contradictory or inconsistent with it, unless such provision further restricts BIDEA LAB’s liability.
- Law will apply to these general conditions, and to the legal relationships that may arise from applying and interpreting them. For the interpretation and application of these general contracting conditions, the parties will submit, waiving any other jurisdiction, to the courts and tribunals of Barcelona (Spain).
- In accordance with the General Data Protection Regulation regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data (RGPD), the client accepts that their data become part of a File owned by BIDEA LAB S.L.U., with CIF/NIF B66578782 and registered office at: C/Mejía Lequerica, 8 Local, 08028 – Barcelona (Barcelona). The purpose of said data is to develop and comply with the obligations set forth in the contract, or legal-business relationship, which links the CLIENT with BIDEA LAB. Likewise, its collection for said purpose is legitimized. The client’s data will be kept for a minimum period of five years and will not be transferred for purposes other than those described above, except for legal obligation, although they may be transmitted to service providers that are bound by a treatment order contract with BIDEA LAB The client can exercise their rights of access, rectification, cancellation, limitation, portability and opposition to the processing of their data when certain circumstances arise, in which case they will only be kept for the fulfillment of the legally established obligations. To exercise the rights described above, you must contact BIDEA LAB. either by sending a letter to your registered office or by email. Similarly, we inform you that the Spanish Agency for Data Protection is the competent body for the protection of these rights. In order to keep the data updated, the client must communicate any changes that occur on them.