1 – APPLICATION OF THE GENERAL CONDITIONS OF SALE
LATTICES SERVICES is a trademark of LATTICE MEDICAL, SAS with a share capital of €38,912, registered with the Lille Métropole Trade and Companies Register under number 832 698 153, whose registered office is located at 80 rue du Docteur Yersin, 59120 Loos, France; hereinafter referred to as LATTICE.
These General Terms and Conditions of Sale (hereinafter “GTCS”) govern all sales, in France and abroad, of LATTICE’s products and services. Any order implies that the General Terms and Conditions of Sale have been read and that the customer agrees to all of its contents. LATTICE reserves the right to adapt or modify these General Terms and Conditions of Sale at any time. In this case, only the General Terms and Conditions of Sale in force on the date of the order will be applicable.
2 – ORDERS
Products: Orders can be placed on the www.lattice-services.com website or by e-mail to our sales department at contact@lattice-services.com.
Services : Orders can only be placed by e-mail with our sales department at contact@lattice-services.com.
Any order by e-mail is validated by the acceptance of a quote or an order form signed by the Client. The signed order form or quotation in writing is binding exclusively on the terms of the contract, in particular on the specifications of the products and services agreed between the parties. Once the quote or purchase order has been received, the request is considered firm and final.
LATTICE reserves the right not to validate an order for any reason, in particular in the event that it does not comply with these General Terms and Conditions of Sale or in the event that several serious and concordant elements give rise to a suspicion of fraud on the order.
3 – PRICES AND PAYMENT TERMS
Products: prices on the website are displayed excluding tax (HT) in Euros (EUR). Payment is made at the time of ordering on the website by credit card in EUR only. In the event that a product ordered online is unavailable, LATTICE will contact the customer as soon as possible and inform them of the new time frame for making the product available. If this new period does not satisfy the customer or if the product is permanently unavailable, LATTICE undertakes to reimburse the Customer within 30 days of the date of online payment by the Customer.
Orders received by email are payable in EUR, by credit card or bank transfer, or in USD, only by bank transfer, 30 days net from the date of the invoice.
Prices for deliveries are ex-works, excluding transport, packaging, shipping insurance, value added tax at the current legal rate and, for export deliveries, excluding customs duties and taxes, fees and other public taxes.
Services: the price is based on an estimate and remains valid until the expiry of the price, unless otherwise specified. Prices vary depending on the nature of the project, the materials used, the number of engineering hours, the machinery and labour required and may be revised in the event of a change in protocol, additional advice, special handling or a delay due to the client, as well as non-compliance with the terms of payment. The invoice is issued at the time of order and payable according to the conditions set out in the quote.
LATTICE may require a deposit depending on the volume of the order of the products or the nature of the service. No discount for advance payment will be given. In accordance with Article L441-10 of the French Commercial Code, any late payment will result in the application of late payment interest equal to three times the legal interest rate, as well as a lump sum compensation of €40 for recovery costs.
4 – DELIVERY AND TRANSFER OF RISK
Products : Unless previously agreed with the Customer, all deliveries are made DAP from LATTICE (Incoterms 2020). This applies regardless of the place of performance and the person who bears the transport costs.
If the Customer wishes to use its own carrier, the delivery is made EXW (Incoterms 2020), with the Customer bearing all costs and risks related to the shipment. He must then provide a dispatch slip to LATTICE.
Delivery is made to the address indicated when the order was placed.
LATTICE undertakes to ship any product within 5 working days from the date of the order if the product is in stock, excluding the delivery time of the carrier. If the product is not in stock, the customer will be informed of a provisional date which does not constitute a commitment on the part of LATTICE. If this provisional period does not suit the Customer, he may request the cancellation of the order.
In the event that the Client’s order is made available by the carrier chosen by LATTICE, if the order is not claimed by the Client within the time limit, it will be returned to LATTICE at the Client’s expense. This return will result in the cancellation of the sales contract and the reimbursement of the sums paid by the Client, minus the return costs following the payment of these costs by the Client
LATTICE shall not be held liable in the event of a delay in delivery due to force majeure (L114-1 Consumer Code; art 15 LCEN) or attributable to the buyer (art 15 LCEN) or linked to the carrier.
The Client is required to check the conformity of the goods delivered before signing any delivery document. In the event of an anomaly, the customer must indicate his reservations, followed by his signature on the delivery document. In the event of a serious anomaly (damaged or opened packaging, missing or damaged product, etc.), the Customer must refuse the package and specify the reasons for the refusal on the delivery document. This verification is considered to have been carried out from the moment the Customer or any person authorised to receive the package on his behalf, has signed the delivery document.
In the event of non-reservation at the time of delivery and if the Customer notices that the equipment is damaged, the Customer has a period of 3 working days following receipt of the order to express its reservations to LATTICE by signed e-mail. Any complaint made outside this period cannot be accepted in accordance with the carriers’ T&Cs.
LATTICE undertakes to refund or exchange any product that does not comply with the Customer’s order, who must send his request, either by e-mail to the contact@lattice-services.com address, or via the contact form on the www.lattice-services.com website, or by registered mail with acknowledgement of receipt to LATTICE, within 15 days following the delivery date. This claim must be accompanied by the Customer’s choice between refund or exchange. Any claim made outside this period will not be accepted.
In accordance with the provisions in force, LATTICE will not accept the return of a product (3D filaments, accessories, etc.) whose packaging has been opened.
Provision of services : a provisional deadline is agreed with the customer at the time of the order, this period being indicative, no late payment penalty can be applied to LATTICE.
5 – ORDER CANCELLATION – RIGHT OF WITHDRAWAL
Product : in the context of the distance sale of a product to a private individual (B to C), the latter has a legal period of 14 days of withdrawal right from the date of the order to return any item that does not suit him. In order to set up this return, the Customer must contact LATTICE via the contact form or by e-mail at contact@lattice-services.com. However, this right of withdrawal only applies to products returned unopened, in accordance with the law.
In the context of a sale to a professional (B to B), the right of withdrawal does not apply, as the subject matter of the contract falls within the scope of LATTICE’s main activity.
Provision of services: as the service is individualised for the Client, the right of withdrawal is not applicable. The “Client” may, however, request the cancellation of all or part of the services before they are completed. LATTICE will stop the services as quickly as possible, after receipt of a formal request by e-mail, post or fax. In the event of cancellation, the price will be adjusted so that the “Client” pays a sum equal to the total amount shown in the quotation, less the difference between the estimate made by LATTICE of the cost of the project and the sum of the costs incurred or already incurred by LATTICE on the date of the cancellation of the services.
6 – WARRANTIES
For any private customer, the legal guarantees of conformity and latent defects apply in accordance with Articles L. 217-4 et seq. of the Consumer Code and Articles 1641 et seq. of the Civil Code, respectively. Any individual may exercise these guarantees by sending his request in writing to: LATTICE MEDICAL, 80 rue du Docteur Yersin 59120 LOOS or via the contact form on the Site.
Within the framework of the guarantee of conformity, the Individual Client has a period of 2 (two) years from the delivery of the goods to act, may choose between the repair or replacement of the goods subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code and is exempted from providing proof of the existence of the lack of conformity of the goods during the 24 (twenty-four) months following the date of the delivery of the goods, except for second-hand goods where the period is set at six months.
Within the framework of the warranty against hidden defects, the customer can choose between the termination of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
For Professional Customers, the above guarantees of conformity and hidden defects are reduced to one year from the date of delivery of the product.
7 – RESPONSABILITIES
Products: The characteristics of the products are indicated on each product page of the website. However, photographs and descriptive elements of the products do not fall within the scope of the contract. Consequently, if these elements contain errors, LATTICE cannot be held liable under any circumstances. LATTICE may at any time update and change the characteristics of the products and withdraw products from the market.
It is the Customer’s responsibility to ensure the compatibility of the equipment it orders. The total or partial impossibility of using products due to incompatibility of equipment cannot give rise to any compensation whatsoever or reimbursement or to call into question the liability of LATTICE.
Our filaments are produced from certified raw materials (ISO/USP/GMP) whose certificates are available upon request from the Customer, subject to the prior agreement of the supplier of the raw material and the respect of confidentiality in accordance with Article 8.
A possible variation of ± 0.07 mm in filament diameter is considered acceptable. The customer waives any legal action if the specifications are not perfectly met.
Services: LATTICE undertakes to implement all reasonable means to perform the services requested, without guarantee of result.
LATTICE disclaims any responsibility for the use of materials, products and services sold for purposes other than R&D and for any human application.
If the customer wants to go beyond the research and development (R&D) stage and he is solely responsible for this.
In addition, it is up to the Client to take the necessary steps to certify its final part and production process, if applicable.
LATTICE can support the Client in its regulatory process by making available, as far as possible, the required documents upon request.
8 – CONFIDENTIALITY
LATTICE may be required to provide the Client with certificates relating to the raw materials used in the manufacture of its products, subject to the agreement of its supplier.
The Client undertakes to consider this information as strictly confidential and not to disclose it to third parties, directly or indirectly, to the exclusion of regulatory, administrative or governmental authorities who may request it within the framework of their legal prerogatives.
Any breach of this obligation of confidentiality may result in contractual and criminal sanctions, without prejudice to any damages that LATTICE may claim.
In the context of tailor-made services, a confidentiality agreement may be concluded between LATTICE and the Client, at the request of one of the Parties.
9-INTELLECTUAL PROPERTIES
All texts, images, photographs, logos and textual or graphic creations reproduced and integrated on the www.lattice-services.com Website and on all its communication media (social networks, commercial presentation, commercial brochures, technical sheets, etc.) are protected under intellectual property and copyright. In accordance with the provisions of the Intellectual Property Code, only use for private use is permitted. Any total or partial reproduction of the www.lattice-services.com Site is strictly prohibited.
In the case of deliveries based on the Customer’s drawings, models or indications, the Customer releases LATTICE from any intellectual property claims by third parties, unless the Customer is not liable for the intellectual property infringement. In the event of a breach of contract by the Customer, the Customer’s intellectual property rights shall not preclude the use of the goods by LATTICE.
10 – NON-SOLICITATION CLAUSE
Each of the parties, LATTICE and the “Client”, waives, without the prior written agreement of the other, to hire or attempt to hire, directly or indirectly, an employee of the other party assigned to the performance of a service that is the subject of a contract between the Parties, or to take him or her into its service, under any status whatsoever. This waiver is valid for the duration of the contract plus a period of twelve months from its expiry. In the event that one of the parties does not comply with this commitment, it undertakes to compensate the other party by paying him or her compensation equal to the total gross remuneration incurred for this employee during the twelve months preceding his or her departure.
11 – PERSONAL AND COMPUTER DATA
The information collected on the “Customer” is subject to computer processing carried out by the company LATTICE and is essential for the processing of his order. This information and personal data is also kept for security purposes, in order to comply with legal and regulatory obligations. It will be kept for as long as necessary for the execution of the work ordered and any guarantees applicable at the end of this work. The data controller is the company LATTICE. Access to personal data will be strictly limited to the employees of the data controller, who are authorised to process it by virtue of their functions. The information collected may be communicated to third parties linked to the company by contract for the performance of subcontracted tasks, without the authorization of the “Client” being necessary. In accordance with Law No. 78-17 of 6 January 1978 relating to information technology, files and freedoms, as amended by Law No. 2004-801 of 6 August 2004, and by European Regulation No. 2016/.679, the “Customer” has the right to access, rectify, erase and portability data concerning him/her, as well as the right to object to processing for legitimate reasons, rights that they can exercise by contacting the data controller at the postal or email address of the company LATTICE, attaching a valid proof of identity. In the event of a complaint, the customer may contact the Commission Nationale de l’Informatique et des Libertés (CNIL).
12 – FORCE MAJEURE AND DISPUTES
LATTICE cannot be held liable for a defect or delay in delivery to the extent that such defect or delay is the result of a force majeure event or any other event that was not foreseeable at the time of conclusion of the contract (e.g. disruptions of any kind in the company, difficulties in the supply of materials or energy, transport delays, strikes, legal lockouts, shortage of labour, energy or raw materials, difficulties in obtaining the necessary administrative permits, administrative measures or lack of delivery, non-compliant or late delivery by suppliers).
All clauses contained in these General Terms and Conditions as well as all the operations referred to therein will be subject to French law. The parties will seek, before any litigation action, an amicable agreement. In the event of a dispute, the Commercial Court of Lille Métropole will have sole jurisdiction, unless LATTICE prefers to refer the matter to any other competent court. This clause applies even in the event of summary proceedings, incidental claims or multiple defendants or third party claims, without the jurisdiction clauses contained in the clients’ documents being able to prevent the application of this clause.