General Terms and Conditions of Sale (GTC) Algobank-Caen

Definition of the term “MATERIAL”: any available microalgae strain owned by ALGOBANK-CAEN and any cellular materials derived therefrom.

Scope of application

These general terms and conditions of sale (GTC) apply automatically to all MATERIAL provided by ALGOBANK-CAEN to a public or private operator (hereinafter referred to as the “BENEFICIARY”). Any order for MATERIAL from ALGOBANK-CAEN implies unreserved acceptance of these GTC, which prevail over any other terms and conditions or documents issued by the BENEFICIARY, in particular its general terms and conditions of purchase, unless a separate (written) contract has been negotiated in good faith between the BENEFICIARY and ALGOBANK-CAEN and provides for exceptions to the general terms and conditions set out herein. Any handwritten notes shall be deemed not to have been written.

Use

The MATERIAL provided by ALGOBANK-CAEN to the BENEFICIARY is the exclusive property of ALGOBANK-CAEN, unless otherwise specified in a negotiated (written) contract with the initial depositor(s). ALGOBANK-CAEN grants the BENEFICIARY, who accepts it, a temporary and non-exclusive right to use the MATERIAL for the purpose of carrying out the programme specified in the order (hereinafter the “PROGRAMME”), to the exclusion of any other use.

The MATERIAL shall not be transmitted by the BENEFICIARY to any third party other than the employees involved in the implementation of the PROGRAMME and working directly under the authority of the manager of the recipient BENEFICIARY. The BENEFICIARY guarantees ALGOBANK-CAEN that its employees will accept and comply with the provisions of these GTC. It is prohibited to transport or send the MATERIAL to any destination other than the BENEFICIARY to whom it is addressed. The BENEFICIARY undertakes to inform ALGOBANK-CAEN in writing when the use of the MATERIAL differs significantly from the intended use at the time of supply.

Cost

The MATERIAL is provided to the BENEFICIARY at the rate detailed on the ALGOBANK-CAEN website. In addition, the BENEFICIARY shall bear the costs relating to the transport of the MATERIAL. French customers shall also be liable for VAT (20% in 2026).

Intellectual property

ALGOBANK-CAEN is recognised as the exclusive owner of the MATERIAL and related intellectual property rights.

It is expressly agreed that the right to use the MATERIAL granted upon delivery of the MATERIAL may not, under any circumstances, be interpreted as conferring, expressly or implicitly, any right or title of ownership, option or licence to the BENEFICIARY over the MATERIAL supplied by ALGOBANK-CAEN.

The BENEFICIARY is expressly prohibited from carrying out any manipulations or modifications that could affect ALGOBANK-CAEN's rights to the MATERIAL without the prior written consent of ALGOBANK-CAEN, i.e. a separate (written) contract negotiated in good faith between the BENEFICIARY and ALGOBANK-CAEN and providing for exceptions to the conditions of use set out herein.

Results obtained from the use of the MATERIAL

The results obtained from the use of the MATERIAL are the property of the BENEFICIARY.

In the event that the results relate to an improvement or identification of a new effect or potential use, whether patentable or not, made by the BENEFICIARY on the MATERIAL, the BENEFICIARY shall immediately inform ALGOBANK-CAEN.

No licence is implied by the provision of the MATERIAL by ALGOBANK-CAEN to the BENEFICIARY. Consequently, in the event that a licence for the MATERIAL is required for the commercial exploitation of the results, the BENEFICIARY and ALGOBANK-CAEN shall negotiate in good faith the terms and conditions of an indirect licence to use the MATERIAL for the benefit of ALGOBANK-CAEN.

Publications and communications

In the event of publication or communication on the MATERIAL, the work carried out and/or the results obtained, whatever their nature and media, the BENEFICIARY undertakes to keep ALGOBANK-CAEN informed of the publication, ideally in advance and, at the latest, within one month of the article being submitted.

In accordance with current scientific practice, all publications or communications relating to the use of the MATERIAL shall refer to the origin of the MATERIAL. This reference shall take the following form: “Linnaean name of the strain - Code ACXXX - ALGOBANK-CAEN - University of Caen Normandy”. Similarly, the contribution of ALGOBANK-CAEN researchers who isolated the MATERIAL shall be expressly mentioned, in the form of acknowledgements, in all publications or communications.

Guarantees and liability

ALGOBANK-CAEN makes every effort to ensure the correct taxonomic identity of the MATERIAL, but we cannot guarantee that a strain has been correctly identified at the species, genus or class level. The BENEFICIARY is requested to inform ALGOBANK-CAEN in the event of a misidentification of the MATERIAL.

ALGOBANK-CAEN gives no warranty as to the use, commercial value or suitability for any particular purpose of the MATERIAL. ALGOBANK-CAEN only guarantees the survival of the MATERIAL during the transfer. After the transfer, the BENEFICIARY is responsible for maintaining the MATERIAL in optimal condition and ensuring its survival.

In the event that the MATERIAL is defective, the PARTIES undertake to negotiate in good faith in order to remedy the situation.

The BENEFICIARY is solely responsible for any risk or damage that may arise from the use of the MATERIAL, including injury, death, property damage or any other loss or damage that may result from the use, testing or handling of the MATERIAL. Toxic MATERIAL must be treated as toxic organic chemicals, and the BENEFICIARY undertakes to use and dispose of the MATERIAL in an appropriate and safe manner, in accordance with all domestic and foreign laws, requirements and government directives relating to the disposal of toxic organic chemicals. ALGOBANK-CAEN reserves the exclusive right, at its sole discretion, to refuse shipment of toxic MATERIAL for any reason or no reason. Even if MATERIAL is not labelled as toxic, the BENEFICIARY hereby acknowledges and accepts the potential risks associated with such MATERIAL and undertakes to use the MATERIAL in accordance with the legislation in force in the country of use.

MATERIAL originating from ALGOBANK-CAEN is subject to French laws, rules, treaties, regulations and international agreements relating to exports. All BENEFICIARIES are required to comply with French export laws, rules, treaties, regulations and international agreements, as well as applicable foreign laws, when importing, exporting or disposing of this MATERIAL. For international shipments, BENEFICIARIES agree to ensure that all required documents are provided for customs clearance in the country of destination. ALGOBANK-CAEN cannot be held responsible for delivery delays caused by administrative issues involving third parties.

Personal data

Any personal data that may be collected when you create your account will be processed in accordance with the regulations on the protection of personal data, in particular the French Data Protection Act of 6 January 1978, as amended, and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR). You can access or modify your personal data at any time via this website. Your account and data can be permanently deleted at any time upon request.