General terms & conditions of sale – 04/2025

1. Application of the General Terms and Conditions of Sale

Any order placed with LAM PLAN implies the customer’s unreserved acceptance of the entirety of the General Terms and Conditions of Sale outlined below.

Customer orders are only recorded by LAM PLAN in accordance with these General Terms and Conditions of Sale, regardless of any contrary provisions on the customer’s purchase orders or general terms, unless explicitly accepted in writing by LAM PLAN.

LAM PLAN’s waiver of one or more clauses of these General Terms does not imply a waiver of any other clauses, which remain fully enforceable.

These General Terms and Conditions may be amended at any time without prior notice by LAM PLAN, with changes applying to all subsequent orders.

The customer acknowledges being fully informed that acceptance of these terms does not require signature of the document.

2. Orders

The sale is only considered final after LAM PLAN accepts the customer’s order.

Products are provided and invoiced at the price in effect at the time of the order or, where applicable, in accordance with a specific commercial proposal accepted by the customer.

Any subsequent modifications to the order requested by the customer may be considered at LAM PLAN’s discretion if notified in writing at least 15 days before the scheduled delivery date and accompanied by a new specific purchase order signed by the customer, possibly with a price adjustment.

3. Prices

Our quotations are valid for three months after they are issued.

Invoices are issued based on the price in effect on the order date.

Unless otherwise stated in writing, prices are in Euros, net, excluding tax, ex-works and excluding packaging.

Consequently, the customer shall bear the applicable VAT rate if any, transportation costs, any customs fees and duties, and insurance costs.

Special pricing terms may apply depending on specific requirements requested by the customer, particularly regarding delivery terms and deadlines, and payment terms and conditions.

A specific commercial offer will then be sent to the customer by LAM PLAN.

4. Payment

Payment must be made in full, in a single installment, within 30 days end of month from the invoice date.

In the event of late payment, LAM PLAN may suspend any ongoing orders, without prejudice to a late penalty due the day after the invoice due date, calculated on all amounts due, at a rate three times the legal interest rate in effect at the time of enforcement, as applied by the European Central Bank.

Furthermore, and in accordance with Article L 441-6 of the French Commercial Code, in addition to late penalties, the customer shall be liable for a fixed recovery fee of €40, with LAM PLAN reserving the right to claim additional compensation upon proof of recovery costs exceeding the fixed fee.

5. Retention of Title

LAM PLAN retains ownership of the delivered goods until full payment of the price, including principal, interest, and charges.

However, risk passes to the customer upon delivery and remains throughout the period of retention of title in favor of LAM PLAN.

The customer therefore agrees to take out insurance covering risks of loss, theft, or destruction of goods, until full payment is made.

Without prejudice to any claim for damages, LAM PLAN may cancel the sale and, without prior notice, recover all goods in question for any unpaid invoice at maturity.

The customer is prohibited from pledging or transferring ownership of the goods until full payment has been made.

If the customer becomes subject to insolvency proceedings or any event preventing payment for goods delivered, and the goods have been resold to a sub-buyer who has not paid yet, the customer agrees to promptly provide LAM PLAN with all necessary information to assert its rights over the outstanding receivable from the sub-buyer.

6. Deliveries

Delivery dates and deadlines are for informational purposes only and are not guaranteed.

LAM PLAN’s obligation is one of means, not result. Therefore, any delay in delivery shall not result in cancellation of the order, rejection of the goods, or claims for penalties or damages.

LAM PLAN shall not be held liable for delivery delays or suspensions due to its service providers and/or subcontractors, or due to force majeure or unforeseen circumstances as defined by French jurisprudence.

LAM PLAN’s warehouses are the designated place of delivery.

This rule shall not be altered by LAM PLAN’s partial or full assumption of transportation costs, in which case LAM PLAN acts solely as an agent for the customer, who bears all transport risks.

Unless otherwise agreed, goods are shipped at the customer’s sole expense, risk, and peril, via carrier, to the address specified on the order form.

The customer must inspect the goods upon receipt. In the event of missing or damaged goods, the customer must note all necessary reservations on the delivery slip at the time of receipt.

Such reservations must also be confirmed in writing to the carrier, in accordance with Article L 133-3 of the French Commercial Code, within three days of receipt, via registered letter with acknowledgment of receipt. It is the customer’s responsibility to pursue any claims against the carrier(s).

7. Right of Withdrawal and Order Cancellation

For returns of standard, compliant products, the customer may exercise a right of withdrawal by:

1. Notifying their return request in writing within 10 calendar days from the product receipt date (Proof Of Delivery required);
2. Shipping the products at their own cost within 20 working days of written confirmation from LAM PLAN accepting the return.

Products must be returned in their original packaging, complete, in perfect condition, and unused. Any incomplete, damaged, or soiled product will not be refunded or exchanged.

Return costs are borne by the Customer. After verifying the condition of returned products, LAM PLAN will proceed with either a refund or issue a credit note, at its discretion.

Any request for order cancellation before product shipment or service execution must be made in writing to LAM PLAN and is subject to its acceptance.

Cancellation or withdrawal fees may be charged, at LAM PLAN’s discretion, particularly to cover incurred costs and lost profit. These fees will be at least 20% of the total order amount.

Custom-made or tailored Products or Services are not subject to cancellation or withdrawal, except with LAM PLAN’s express consent. In case of accepted cancellation, fees up to 100% of the order value may apply.

8. Limited Warranty

New equipment and materials sold by LAM PLAN are guaranteed against manufacturing defects for one year from the invoice date.

The buyer must inspect the goods upon receipt and notify LAM PLAN within 10 days of any discovered defects.

LAM PLAN will, at its discretion, remedy any defect during the warranty period by repairing, replacing, or refunding the product, provided it was used under normal conditions with LAM PLAN brand products and maintained properly.

The warranty does not cover:

• Use of materials provided by the customer or designs imposed by the customer;
• Force majeure, normal wear and tear, customer negligence, lack of supervision or maintenance, or improper use;
• Inappropriate storage or packaging conditions;
• Assembly or implementation faults by the customer or a third party;
• Modifications or repairs made by the customer or a third party without LAM PLAN’s prior written authorization.

LAM PLAN provides no warranty for:

• The actual performance of the Products, other than compliance with specifications defined by LAM PLAN;
• Electronic components or associated accessories, including printed circuit boards and integrated circuits.

The customer must allow LAM PLAN sufficient time and means to make necessary repairs or replacements, failing which the warranty shall be void.

LAM PLAN’s warranty is strictly limited as stated above.

All damages of any kind arising from defects in goods are expressly excluded from the warranty.

9. Assembly and Commissioning

Assembly and commissioning are not included in the delivery.

Exclusions include foundations, electrical, hydraulic, and compressed air connections, and associated supplies.

These services can be provided by LAM PLAN upon the customer’s express request and will be billed separately.

If performed by a third party, only the third party’s terms shall apply.

10. Copyrights

LAM PLAN retains copyright ownership over all documents of any kind. The Buyer receives a license to make a limited number of copies of these documents, provided that copyright and trademark notices are included as in the original.

Reproduction of any part of the texts, images, or graphics for promotional purposes is strictly prohibited without LAM PLAN’s authorization.

11. Governing Law

All provisions are governed and interpreted solely by French law.

12. Jurisdiction

Any dispute regarding the interpretation and/or execution of these General Terms and Conditions of Sale shall first be subject to an attempt at amicable resolution.

Failing such resolution within two months from the date of the dispute, the matter shall be submitted exclusively to the Commercial Court of Paris.

This clause applies to summary proceedings, fixed-date proceedings, incidental claims, multiple defendants, or third-party claims, notwithstanding any jurisdiction clause to the contrary in the customer’s documents.