TERMS & CONDITIONS
The following Terms & Conditions of Sale will govern all sales transactions except as otherwise specifically agreed in writing by the buyer and LTA MEDICAL.
1. APPLICATION AND ENFORCEABILITY
These general terms and conditions of sale govern all sales contracts concluded between LTA Médical and its customers. Consequently, the fact of placing an order implies the full and unreserved acceptance by the buyer of these general terms and conditions of sale. The application of any general terms and conditions of the buyer is expressly excluded.
2. ORDER TAKING
Orders are placed by fax, mail or internet. The sales contract between LTA Médical and the buyer only takes effect once the order has been the subject of written confirmation by LTA Médical. In the absence of such written confirmation, the contract may also come into effect upon shipment of the order to the buyer.
Invoices are established according to the price in effect on the date of delivery. All prices indicated on the invoice are expressed in Euros excluding tax, for delivery in Metropolitan France.
4. PAYMENT – TERMS AND CONDITIONS
Payment terms are 30 days net from the date of invoice without discount, unless otherwise specified. Any amount not paid within these deadlines shall automatically give rise to the granting of late payment penalties in the form of late payment interest calculated at a rate equal to the most recent refinancing rate of the European Central Bank increased by ten percentage points on the day of invoicing of this late payment interest. These penalties will run until full payment is made. Failure to meet a single deadline will automatically result in the immediate payment of all outstanding receivables. Similarly, failure to meet a single deadline may result, at the sole initiative of LTA Médical, in a request for payment upon placing an order for any new order. Late payment will also entitle LTA Médical to fixed compensation for recovery costs due to the creditor in the event of late payment, in accordance with Article 121-II of Law No. 2012-387 of 22 March 2012. This compensation is currently set at 40 euros by Decree No. 2012-1115 of 2 October 2012.
5. SHIPPING AND PREPARATION COSTS
Our goods are shipped free of charge in Metropolitan France from 250 euros excluding. tax per order. For any order less than 250 euros excluding tax., a fixed contribution of 8 euros excluding. tax will be charged to cover part of the fixed costs linked to the preparation of the delivery of the order. All our goods, even those shipped free of charge, travel at the buyer’s risk to the requested place of delivery.
6. DELIVERY TIMES
Delivery times are given as an indication only and there can be no compensation for late deliveries.
7. PARTIAL DELIVERIES
Unless expressly requested by the customer, LTA Médical’s deliveries will be made according to the references available in stock. LTA Médical reserves the right to deliver the balance of the order at a later date.
All complaints concerning a delivery must be addressed to LTA Médical within a maximum of 5 days following the receipt of the goods. Any complaints concerning invoicing must be addressed to LTA Médical within a maximum period of 10 days following receipt of the invoice.
9. RETENTION OF TITLE CLAUSE
LTA Médical retains full and complete ownership of the goods sold until the payment of the entire invoice. On the other hand, the transfer of risks to the buyer takes place when the goods sold are delivered. Failure to pay any amount of any of the due dates may result in the return of the goods at the buyer’s risk. The buyer shall bear all legal and judicial costs resulting from a contentious action.
LTA Médical reserves the right to adapt, modify or supplement these General Terms and Conditions of Sale herein at any time. The amended version will apply to any orders made by a buyer after the date of effect indicated by LTA Médical.
11. JURISDICTION – DISPUTES
These General Terms and Conditions of Sale, and any contract concluded between LTA Médical and the Buyer, are exclusively governed by French law, to the express exclusion of the Vienna Convention on the International Sale of Goods and to the exclusion of any conflict of laws rules which may lead to the application of laws other than French law. The Commercial Court of Bobigny will have sole jurisdiction for all disputes that may arise.