RCC terms and conditions of use

Definition of ‘Material’: Any strain(s) of any organism, or any derivative(s) of any strain(s) supplied by the RCC.

Scope: The terms and conditions set forth here apply to all Material provided by the RCC to its Users. The RCC does not accept any terms and/or conditions contrary to those set out here, except if a separate (written) contract has been negotiated in good faith between the User and the RCC that may provide exceptions to the terms and conditions stated here.

Distribution: RCC Users acknowledge and agree that all Materials that are provided by the RCC fall under the RCC's sole control and ownership, unless a negotiated (written) contract with the original depositor(s) specifies otherwise. The User shall not sell, lend, distribute or otherwise transfer the Material supplied except within the same company department or research group. The User agrees to provide written notice to the RCC when the purpose for which the Material is used has changed considerably from the purpose that was stated at the time of supply.

Cost: RCC Users agree to pay preparation and handling fees for cultures as detailed on the RCC web site as well as shipping costs.  French customers (except from CNRS) will also have to pay VAT (20% as of 2014).  

Identification: The RCC makes every effort to ensure the correct taxonomic identity of strains, however we cannot guarantee that a strain is correctly identified at the species, genus or class levels. The User should always independently verify taxonomic identity. The User is requested to inform the RCC in the case of mis-identified strains.

Safe Handling: Material from the RCC should only be handled by appropriately trained persons in suitable laboratory conditions. The User is responsible for maintaining, using and disposing of the Material with appropriate precautions to minimize any risk of harm to persons, property, and the environment, in compliance with domestic and foreign laws, regulations, and guidelines. Culture samples or other related products provided by the RCC are not for internal use in humans or any animals.

Toxic Strains: Cultured cells or materials derived from cells of a toxic culture strain must be treated as toxic organic chemicals and the User agrees to use and dispose of cells and cellular materials properly and in a safe manner that meets all domestic and foreign governmental laws, requirements and guidelines for the disposal of toxic organic chemicals. The RCC reserves the exclusive right, at its sole discretion, to refuse shipment of a toxic culture strain for any reason or no reason. Even if a strain is not labelled as toxic, the User hereby acknowledges and accepts the potential risks of the strains and shall use the strains in compliance with domestic and foreign laws, regulations, and guidelines.

Supply of Cryopreserved Strains: The User acknowledges that ordering any culture sample that must be thawed from cryopreservation may delay shipment of the sample for up to two (2) months. The User also acknowledges that, due to the inherent unpredictability of biological materials, revival of cryopreserved strains is not always successful. In the event a cryopreserved culture strain cannot be shipped, the User will receive full payment credit on a future order from the RCC. Note that a restocking fee of 100€ will be charged for each cryopreserved culture strain that has been thawed for a purchase order, but whose purchase order is cancelled at any time prior to shipment by the RCC.

International Export: Material from the RCC is subject to French export laws, rules, treaties, regulations and international agreements. All Users shall assume the responsibility of abiding by French export laws, rules, treaties, regulations and international agreements along with applicable foreign laws when importing, exporting, or otherwise disposing of such Material. For international shipments, Users agree to assume the responsibility for ensuring that all required paperwork is provided for passage through Customs in the country of destination. The RCC will not take responsibility for any delay in delivery occasioned by third-party administrative issues. 

Intellectual Property: Nothing in this agreement grants the User any rights under any patents, propriety, intellectual property, or other rights with respect to the RCC Material acquired. When the use of the Material violates any other person’s rights, the User will bear responsibility for this, and will deal with the matter on his/her own.

Commercial Users: The RCC strongly encourages entrepreneurial / commercial use of Material by it’s Users. However, it is necessary that such uses be governed by a separate (written) contract that has been negotiated in good faith between the User and the RCC. Furthermore, genetic manipulation or any other modification of RCC Material for commercial purposes or the commercial production of a metabolite or other compound derived from either an original RCC culture sample or from a genetically manipulated or otherwise modified version of a RCC culture sample is not permitted, except and only if a separate (written) contract has been negotiated in good faith between the User and the RCC that may provide exceptions to the Terms and Conditions of Use stated herein. Commercial distribution to third parties or resale of RCC Material is not permitted. If the recipient desires to use the Material (or modifications) for defined commercial purpose(s), it is incumbent upon the recipient, in advance of such use and providing that the Country of Origin is a signatory to the CBD, to negotiate in good faith with the depositor or appropriate authority in the Country of Origin, the terms of any benefit sharing in compliance with the Convention for Biological Diversity.

Feedback: If cultures arrive in an unsatisfactory condition they will normally be replaced free of charge if we are notified within 14 days of dispatch, however, we do have to charge for the costs of postage and packaging of resupplied items. When the Material arrives in a satisfactory condition, the RCC shall not bear any responsibility for subsequent problems with maintenance of the Material at the User’s institute.

RCC acknowledgement: The User agrees to cite the RCC strain number(s) in all publications and patent applications that reference the Material and acknowledge the RCC as the source of the Material. The User is kindly requested to provide the RCC with details of the related publications.