B2B General Terms and Conditions of Sale – MEDIMAX
Last updated: 19 September 2026
These General Terms and Conditions of Sale, hereinafter referred to as the “Terms and Conditions”, govern the sales, services, sourcing, development and commercial transactions carried out by BIGMED under the MEDIMAX brand with customers acting exclusively in the course of their professional activities.
MEDIMAX is exclusively intended for professionals. The Medimax.fr website, its prices, offers, quotations and services are intended in particular for healthcare establishments, nursing homes, pharmacies, medical equipment stores, distributors, wholesalers, groups, purchasing centres, public authorities, manufacturers, importers, professional networks and businesses.
By placing an order, accepting a quotation or entering into a commercial relationship with MEDIMAX, the Customer acknowledges that it is acting for the purposes of its professional activity and accepts these Terms and Conditions.
1. Seller Identification
BIGMED – MEDIMAX
Private limited liability company (SARL)
Share capital: €11,100
83 Boulevard Ampère
79180 Chauray – France
SIREN: 934 092 974
RCS: Niort
Email: contact@medimax.fr
Telephone: +33 9 80 80 21 35
2. Scope
These Terms and Conditions apply in particular to:
- products available from stock;
- hygiene and incontinence products;
- medical and paramedical equipment;
- lift chairs and mobility equipment;
- comfort and well-being products;
- bulk orders;
- pallet orders;
- container orders;
- direct imports;
- ex-factory sales or sales under an Incoterm;
- specific manufacturing projects;
- OEM products;
- private label products;
- customised products;
- sourcing projects;
- development of new products or packaging;
- business services offered by BIGMED, excluding regulated activities.
Specific terms may supplement these Terms and Conditions in a quotation, contract, order confirmation, proof, specifications or any other document expressly accepted by MEDIMAX.
3. Professional Status of the Customer
The Customer represents and warrants that it is acting exclusively for the purposes of its professional activity.
MEDIMAX may at any time request documents required to verify the Customer’s professional status, including:
- a Kbis extract or equivalent document;
- a SIREN or SIRET number;
- a VAT identification number;
- professional contact details;
- proof of business activity;
- a professional licence or authorisation where required;
- any document useful for assessing the Customer’s creditworthiness.
MEDIMAX may refuse or suspend access to certain offers, prices or terms where the Customer’s professional status or creditworthiness has not been sufficiently established.
4. Acceptance and Priority of the Terms and Conditions
Any order implies acceptance of these Terms and Conditions.
The Customer’s General Terms and Conditions of Purchase, supplier charters, logistics specifications, supplier portals, internal procedures, penalty systems or other documents issued by the Customer are binding on MEDIMAX only if they have been expressly accepted in writing in advance by BIGMED.
The mere receipt of a purchase order or use of a purchasing portal does not constitute acceptance of the Customer’s terms.
In the event of conflict, the following order of priority applies unless otherwise agreed in writing:
- specific terms expressly accepted by BIGMED;
- MEDIMAX order confirmation;
- accepted MEDIMAX quotation;
- these Terms and Conditions;
- general information on the website.
5. Quotations and Commercial Offers
Unless otherwise stated, MEDIMAX quotations and commercial offers are valid for thirty (30) days from their date of issue.
Prices and conditions are determined in particular according to:
- product references;
- quantities;
- forecast volumes;
- product mix;
- packaging;
- MOQ;
- payment terms;
- destination;
- transport costs;
- customs conditions;
- exchange rates;
- level of customisation;
- technical specifications;
- economic conditions existing on the date of the quotation.
Any change to these elements may justify an adjustment to the price or other commercial terms.
6. Formation of the Order
Any order placed by the Customer constitutes a firm offer to purchase.
An automatic acknowledgement of receipt or automatically generated email from the website does not necessarily constitute MEDIMAX’s final acceptance of the order.
The order may become firm in particular following:
- written confirmation from MEDIMAX;
- final acceptance of the quotation;
- receipt of the requested payment or deposit;
- commencement of order preparation;
- placement of an order with a manufacturer;
- commitment to specific sourcing;
- approval of a proof, prototype or sample;
- commencement of production;
- shipment of the goods.
7. Refusal, Suspension or Cancellation by MEDIMAX
MEDIMAX may refuse, suspend or cancel an order for legitimate reasons, including:
- a previous dispute;
- late or non-payment;
- exceeded credit limits;
- insufficient guarantees;
- fraud or suspected fraud;
- incomplete or inaccurate information;
- a manifestly abnormal order;
- product unavailability;
- discontinuation of production;
- sourcing difficulties;
- a manifest pricing error;
- regulatory restrictions;
- import or export restrictions;
- international sanctions;
- significant commercial or financial risk;
- non-compliance with these Terms and Conditions.
8. Prices and Currencies
Prices may be expressed in particular in euros (EUR) or US dollars (USD) depending on the relevant offer.
Unless otherwise stated, prices are exclusive of taxes.
The following may in particular be charged separately:
- VAT;
- transport;
- freight;
- insurance;
- handling;
- storage;
- customs duties;
- taxes;
- eco-contributions;
- quality control;
- tests or certifications;
- development;
- customisation;
- tooling;
- specific packaging.
A manifest input, calculation, display or pricing error cannot require MEDIMAX to supply goods at a manifestly incorrect price.
9. Price Revision – Economic, Geopolitical, Monetary and Regulatory Circumstances
Prices, discounts, transport terms, commercial benefits, lead times and economic conditions are agreed on the basis of the circumstances known at the time they are established.
Where a subsequent development results or is likely to result in a significant increase in MEDIMAX’s costs, a significant reduction in its margin, a change in sourcing conditions or a substantial alteration to the economic balance of the transaction, MEDIMAX may propose an adjustment to the conditions applicable to the part of the contract remaining to be performed.
The following may in particular justify a revision:
- war or armed conflict;
- geopolitical tensions;
- embargoes;
- international sanctions;
- border closures;
- diplomatic crises;
- blockage or disruption of a maritime route;
- port closures or congestion;
- increases in sea, air, rail or road freight costs;
- increases in raw material prices;
- increases in component costs;
- increases in energy costs;
- increases in manufacturing costs;
- increases in wages or industrial costs at the manufacturer;
- price changes imposed by a supplier;
- significant exchange-rate fluctuations;
- exceptional inflation;
- new customs duties;
- increases in customs duties;
- new taxes, contributions or levies;
- legislative or regulatory changes;
- new standards or certification requirements;
- shortages of materials, components or industrial capacity;
- pandemics;
- natural disasters;
- strikes;
- major cyberattacks;
- administrative decisions;
- major disruption to supply chains;
- any other circumstance external to MEDIMAX having a significant effect on the cost or conditions of supply.
MEDIMAX may in particular propose:
- a price increase;
- an adjustment to transport charges;
- an adjustment to customs, insurance or logistics costs;
- a change to lead times;
- a change to the mode of transport;
- a change to the sourcing location;
- an equivalent product, component or packaging;
- a change to payment terms;
- an increase in the deposit;
- the removal or reduction of discounts that have become economically unjustified;
- temporary suspension of the unperformed part of the order.
MEDIMAX will inform the Customer as soon as reasonably possible where a significant adjustment becomes necessary.
Where the development makes performance of the remaining part of the transaction excessively onerous or economically unreasonable for MEDIMAX and no reasonable solution can be agreed, MEDIMAX may, subject to applicable mandatory provisions, terminate the unperformed part of the transaction.
Products already manufactured, raw materials ordered, customised packaging, development costs, tooling, transport bookings and other irreversible commitments remain payable.
Where a price has expressly been agreed as firm and non-revisable for a specified period, the agreed specific terms shall prevail, subject to applicable law and any contractual adjustment mechanisms expressly provided for.
10. Key Account Pricing and Framework Agreements
Key account prices, net prices, discounts, free-delivery thresholds, logistics conditions or other benefits are determined in particular on the basis of volumes, commitments, payment terms, logistics arrangements and economic conditions existing at the time of negotiation.
If the conditions that justified a pricing benefit are no longer met, particularly where volumes are significantly lower than forecast or MEDIMAX’s costs evolve unfavourably, the conditions applicable to future orders may be renegotiated.
A one-off commercial term does not create a vested right to its continuation for future orders.
11. Payment
Payment terms are those stated on the website, quotation, invoice, order confirmation or specific terms.
Unless otherwise agreed in writing, MEDIMAX may require payment before shipment.
MEDIMAX may in particular require a deposit, payment in full, balance payment before shipment, a bank guarantee or an adjustment to the authorised credit limit.
Unless expressly agreed in writing, no discount is granted for early payment.
12. Late Payment
Any amount not paid by its due date automatically gives rise, without prior reminder being required, to:
- late-payment penalties provided for by applicable law;
- in the absence of a specific lawful contractual rate, the applicable European Central Bank refinancing rate plus ten percentage points;
- the statutory flat-rate compensation of €40 for recovery costs;
- additional compensation where the recovery costs actually incurred are higher and can be justified.
Failure to pay may result in suspension of orders and deliveries and revision of the Customer’s commercial terms.
13. Set-Off and Penalties
The Customer may not unilaterally deduct from a MEDIMAX invoice any amount corresponding to a complaint, penalty, return, alleged credit note or disputed claim.
Any penalty must be justified, proportionate, correspond to an established breach and comply with applicable legal provisions.
14. Retention of Title
The goods remain the property of BIGMED until full payment of all sums due in respect of their purchase.
This retention of title does not prevent transfer of risk in accordance with the contract or the applicable Incoterm.
15. Incoterms and International Transactions
Where an Incoterm is agreed, it determines in particular the allocation of costs, risks and obligations between the parties.
Unless otherwise agreed, references to Incoterms mean Incoterms® 2020.
Where the Customer assumes responsibility for importation, main carriage or customs clearance, it acknowledges that it is acting as an experienced professional and assumes the obligations corresponding to its role.
16. Lead Times
Unless MEDIMAX expressly commits in writing to a firm date, all lead times communicated by MEDIMAX are indicative.
They may vary in particular depending on availability, supplier lead times, production capacity, customs formalities, carriers, geopolitical events, strikes or circumstances beyond MEDIMAX’s control.
17. Receipt of Goods
The Customer must inspect the goods upon receipt, including the number of parcels, references, quantities, packaging and any apparent damage.
Transport anomalies must be subject to precise and detailed reservations and the formalities required by applicable law.
18. Complaints
Any complaint must be made as soon as possible and accompanied by the necessary supporting evidence.
MEDIMAX may in particular request photographs, videos, batch numbers, packaging, samples or return of the product.
No goods subject to a complaint may be destroyed, modified, repaired or returned without MEDIMAX’s prior approval, except in the event of urgency or a contrary legal obligation.
19. Returns
MEDIMAX sales are exclusively professional and do not benefit from the general right of withdrawal applicable to consumers, subject to any mandatory provisions that may apply in a particular situation.
No commercial return may be made without MEDIMAX’s prior written authorisation.
20. Specific, OEM and Private Label Products
Specific, customised, OEM, private label, specially manufactured or specially sourced products are excluded from any commercial return, exchange, cancellation or refund once their manufacture or sourcing has been committed, except in the event of substantial recognised non-conformity attributable to MEDIMAX.
21. MOQ, Proof Approval and Production Tolerances
Specific manufacturing projects may be subject to MOQs defined by reference, size, colour, absorbency, packaging, artwork, language or configuration.
The Customer must carefully review any proof, prototype, sample or artwork before approval.
Approval constitutes acceptance of the elements appearing on the approved document.
Industrial production may involve reasonable variations in colour, texture, dimensions, weight, grammage, printing, materials, welding or packaging where these do not materially affect the safety, intended use or agreed essential performance of the product.
Unless otherwise agreed, a quantity tolerance of up to ±5% may be accepted for specific production where this tolerance reflects normal manufacturing constraints.
22. Container Orders
The final quantities of a container order may be reasonably adjusted according to volume, weight, packaging, quantities actually produced and loading constraints.
23. Installation, Use and Maintenance
Unless MEDIMAX has expressly agreed to provide such services, the Customer is responsible for the appropriate installation, commissioning, use, storage and maintenance of the products.
MEDIMAX cannot be held liable for damage resulting in particular from incorrect installation, improper use, modification, unauthorised repair, unsuitable storage or lack of maintenance.
24. Liability
Within the limits permitted by law, MEDIMAX is liable only for direct, foreseeable and proven damage resulting from a breach attributable to MEDIMAX.
Within the limits permitted by law, excluded losses include in particular loss of turnover, margin, business, customers, contracts, damage to reputation, penalties imposed on the Customer by its own customers or costs incurred unilaterally.
Except in the event of gross negligence or wilful misconduct, bodily injury or a contrary mandatory legal provision, MEDIMAX’s total liability in respect of an order is limited to the amount excluding VAT actually paid for the products directly giving rise to the damage.
25. Force Majeure and Hardship
MEDIMAX is not liable for non-performance resulting from an event meeting the legal requirements of force majeure.
In the event of an unforeseeable change in economic conditions making performance excessively onerous, the conditions applicable to the part remaining to be performed may be renegotiated or subject to the mechanisms provided for in these Terms and Conditions.
26. Confidentiality
The Customer must keep confidential all non-public information communicated by MEDIMAX, including information relating to manufacturers, suppliers, factory prices, sources of supply, costs, industrial contacts, prototypes and negotiated commercial terms.
This obligation applies throughout the commercial relationship and for five (5) years following its termination.
Information constituting a trade secret remains protected for as long as it retains that status.
27. Non-Circumvention
Where a manufacturer, supplier or industrial partner is identified or introduced to the Customer by MEDIMAX in connection with a sourcing, OEM, private label or dedicated development project, the Customer undertakes not to use confidential information obtained solely for the purpose of circumventing MEDIMAX’s involvement or agreed remuneration in relation to the project concerned.
The Customer undertakes to inform MEDIMAX if a manufacturer introduced by MEDIMAX contacts the Customer directly regarding the relevant project.
28. Intellectual Property
The communication of any document, prototype, study, photograph, presentation, plan, drawing, technical file or concept does not transfer any intellectual property rights unless otherwise agreed in writing.
29. Website Availability
MEDIMAX does not guarantee permanent and uninterrupted operation of the website. Maintenance, updates, technical failures, cyberattacks or failure of a service provider may result in temporary unavailability.
30. Evidence and Electronic Communications
The parties acknowledge the evidential value of quotations, orders, confirmations, invoices, emails, proofs, Shopify data, logistics data and other electronic documents, subject to applicable legal rules.
31. No Commercial Precedent
Any discount, return, tolerance, waiver or other benefit granted by MEDIMAX on an occasional basis does not create a vested right for future orders.
32. Amendment of the Terms and Conditions
MEDIMAX may amend these Terms and Conditions for future orders.
The applicable version is the version brought to the Customer’s attention when the transaction is concluded, subject to any specific terms expressly agreed.
33. Governing Law
The contractual relationship between BIGMED – MEDIMAX and the Customer is governed by French law, unless otherwise agreed in writing or where a mandatory rule applies.
34. Jurisdiction
For Customers contracting in the capacity of merchants, any dispute relating to the formation, validity, interpretation, performance or termination of the contract shall, to the extent legally permitted, fall within the jurisdiction of the competent courts for the area in which BIGMED’s registered office is located.
For other professional Customers to whom this clause cannot legally be enforced, the applicable statutory rules on jurisdiction shall apply.
35. Contact
BIGMED – MEDIMAX
83 Boulevard Ampère
79180 Chauray – France
Email: contact@medimax.fr
Telephone: +33 9 80 80 21 35
