Terms and conditions of sales
These General Terms of Sale (known as «CGV») apply to any agreement binding Lamidey Noury Medical (‘LNM’) whose head office is at 3 Rue des Petits Ruisseaux, 91370 Verrière le Buisson (France), and any other natural or legal person who orders from LNM (‘the CLIENT’). Distributors for whom a contract has been established with Lamidey Noury Medical are excluded from these GVCs.
The purpose of these terms and conditions is to define the terms and conditions for the sale of medical devices manufactured and sold by LNM, to the CLIENT, which, by accepting them without reservation, undertakes to acquire the following terms and conditions («CGV»).
The orders are final as soon as they are transmitted by any means to LNM. The sale is deemed valid only at the time of the written acceptance of each order by LNM or at the latest when the PRODUITS are delivered to the CLIENT. The benefit of the order is personal to the CLIENT and cannot be transferred without the prior approval of LNM.
- 4.Shipping – Delivery – Reception
Delivery times will be communicated to the CLIENT, as an indication, when the order is registered. Failure to meet these delivery times will not result in the cancellation of the order or any compensation. Delivery is made either by the direct handing over of PRODUITS to the CLIENT, or through a transport provider who will be responsible for transporting the PRODUITS to the place indicated by the CLIENT on the purchase order. LNM is authorized to make deliveries in a comprehensive or partial manner. A FRANCO de port is applied for an order starting at 1000 euros HT. In the event of missing or deteriorated PRODUITS on delivery, the CLIENT will have to make all necessary reservations on the delivery voucher or transport slip to receive the PRODUITS and confirm them by LRAR within three (3) days in accordance with Article L133-3 of the Code of Commerce.
- 5.Return of products
No return of Products will be accepted by LNM if it has not been the subject of prior and written agreement. This agreement will be formalized by sending a return voucher detailing the products, quantities, reasons and conditions of return. PRODUITS will have to be returned in their entirety to LNM in the state where they were delivered, not opened, stored in the original packaging. No return of PRODUIT can be accepted by LNM from the CLIENT’s initiative alone.
In the absence of an express and written agreement, the prices of the PRODUITS on the LNM documentation are given only as an indication, billing being always based on the prices in effect on the day of shipping and for certain PRODUITS, at the price determined by the applicable legislation and/or regulations. The conditions mentioned on the proforma invoices issued by LNM are valid for one (1) year. Prices are tax-free, starting factory LNM de Verrières le Buisson, VAT at the legal rate in addition. Any tax, tax, duty or other benefit to be paid under French and Eu regulations, or those of an importing country or a transit country, are the responsibility of the CLIENT.
Invoices can be issued by delivery voucher or for several delivery vouchers grouped on the same invoice. Invoices issued by LNM are payable at LNM’s head office according to the payment terms mentioned on the invoice
- 8.Property reserve
The products subject to this contract are sold subject to ownership: the transfer of ownership is subject to the full payment of the price, at the agreed maturity, by the CLIENT. In the event of a default at maturity, LNM will take over the products it still owns and may, at its discretion, resolve the contract by a simple recommended letter to the CLIENT.
In the event of a resale of the Products to a third party by the CLIENT, the rules of actual subrogation will apply from the expected payment date if a full payment has not been made on that date.
This provision does not prevent the transfer to the customer of product risks in accordance with Article 5 of these CGVs.
- 9.Guarantee – Quality Claims – Liability Limitations
LNM ensures that the PRODUITS delivered comply with current regulations and specifications as stipulated in the notices during the validity of the PRODUITS delivered provided that the conditions for the preservation and use of PRODUITS have been met. Any claims relating to the quality of the PRODUITS delivered must be notified immediately to LNM. It will be up to the CLIENT to provide any justification as to the reality of its claims. Any possible questioning of the quality of PRODUITS does not exempt the CLIENT from paying the price due at maturity. LNM does not provide any express or implied guarantee that the use of PRODUITS will be consistent with a particular use. In any event, LNM’s liability is limited to the replacement or repair of equipment found to be defective, LNM cannot be held liable, whether as part of an action for contractual liability, tort liability or any other action, any direct or indirect damage, incident or incidental, or of any kind or any harm including but not limiting. , financial and commercial damage, such as loss of profits, revenue, customer or data, resulting from the use of PRODUITS.
- 10.Medical Device Reporting and Traceability
In view of the specific regulatory constraints applicable, in particular, to medical devices without prejudice to the provisions of the Public Health Code, CLIENT undertakes to: (1) ensure the perfect traceability of medical devices for which LNM issues a batch number or serial number, (2) report without delay any incident or malfunction that could affect the safety and/or health of patients or staff, (3) comply with any instructions given to it by LNM or any public body in connection with or use of PRODUITS. Acceptance of the delivery is worth full acceptance of these three commitments.
LNM proposes to perform preventive or corrective maintenance of commercialized devices and its accessories after analysis by the technical department. For requests for SAV support, please contact LNM at: firstname.lastname@example.org
- 12.Personal data protection
All information collected regarding the CLIENT is necessary to carry out the contract for the sale of PRODUITS (order, shipment, delivery, receipt, traceability). LNM is committed to respecting the confidentiality of the personal data and information provided by the CLIENT and to treating them in accordance with the amended Computer and Freedoms Act of January 6, 1978. LNM informs that this data will be used by its services primarily for the execution of the contract for the sale of PRODUITS. The CLIENT may at any time exercise his right of access to the file and his right to correct or delete information about him by addressing his request (by indicating his email address, name, first name, postal address), by mail to the following address: LNM, 3 Rue des Petits Ruisseaux, 91370 Verrières le Buisson.
- 13.Application – Scope and Jurisdiction
Ordering and/or accepting the PRODUCTS ordered carries the final, full and unqualified support of the CLIENT to these CGVs. The current LNM CGVs are those on the latest invoices issued by LNM and/or, if applicable, those addressed directly to the CLIENT by LNM. In the event of a contradiction between the provisions of this paper edition of the CGV and the provisions of another edition, the provisions of the most recent edition will prevail. These CGVs outweigh the conditions that may appear on the CLIENT documents and are applicable on all LNM sales in France and abroad. Any contrary condition opposed by the CLIENT will, in the absence of express acceptance, be unexploitable to LNM, regardless of when it may have been brought to its attention. Any additions, scratches, modifications or deletions on these CGVs that would not be covered by the approval of LNM are null and void. No special condition or General Condition of Purchase of the CLIENT may, except formal and written acceptance of LNM, prevail over these CGVs. The fact that LNM does not at any time avail itself of any clause in these CGVs cannot be construed as a waiver to avail itself of any clause of those GVCs at any time. In the event of specific contractual agreements between LNM and client, these agreements may depart from certain provisions of these CGVs, the other provisions of which remain applicable as non-contrary. These CGVs are subject to French law. All challenges relating to these CGVs will be referred to the Evry Commercial Court.