Terms and Conditions

Article 1: General Provisions

Any order placed with LATTY implies acceptance by the Buyer of these general terms and conditions of sale and waiver of its own general terms and conditions of purchase, including trade union conditions. This acceptance is deemed acquired if no objection is expressed by the Buyer within 10 days.
Information provided in catalogs and brochures, regardless of the medium, does not bind LATTY, which reserves the right to make any modifications.
LATTY is bound by commitments that may be made by its representatives or employees only subject to agreement from LATTY. This agreement will be deemed acquired in the event of non-contestation by LATTY within 15 working days from receipt of the order. Any disagreement will be notified to the Buyer within the same timeframe. The sales contract is only finalized subject to acceptance by LATTY of the Buyer’s request.

Article 2: Delivery Time

Delivery times are established based on information provided to LATTY on the date of the order.
Under no circumstances may a delay in delivery give rise to any compensation. LATTY is fully released from any commitment relating to delivery times

in the event that payment terms have not been respected by the Buyer
in the event of force majeure
in the event of raw material shortage

Article 3: Prices

Unless otherwise stipulated, LATTY’s prices are established ex-works, either in EUR excluding taxes or in foreign currency. They may be revised in the event of a significant and sudden increase in raw material prices or exchange rates. The terms will be defined, if applicable, in the special conditions.

Article 4: Transport and Delivery

In the event of an ex-works sale, all transport, insurance, customs, handling, and delivery operations are at the expense and risk of the Buyer, who is responsible for verifying shipments upon arrival and exercising, if necessary, recourse against carriers.
In all cases, the Buyer is required to make reservations upon delivery. These reservations will be recorded on the delivery note and on the consignment note. Any subsequent claim concerning the condition of the delivery cannot be taken into consideration.
If applicable, it is the responsibility of the Buyer, or its agent responsible for receiving the goods, to make all observations and reservations with the carrier within three working days from the date of delivery, in accordance with the Commercial Code. Failure by the recipient to complete this formality will result in the loss of all rights to compensation and, if it deprives LATTY of its own rights, it will be liable to LATTY for the corresponding amounts.

In the event of collection by the customer at LATTY, the products are deemed to have been inspected at the time of collection. Under no circumstances may collection of equipment by the Buyer result in a transport credit. Each delivery is accompanied by a delivery note detailing the products delivered. The Buyer must notify LATTY in writing within three working days of any discrepancies found. After this period, in the absence of reservations, LATTY’s deliveries will be deemed to have been made in accordance with the delivery note.

Article 5: Retention of Title and Payment

5.1. Retention of Title

The transfer of ownership of the goods sold is subject to payment by the Buyer of the price at maturity or maturities in accordance with the law of May 12, 1980. However, risks are transferred upon delivery (carriage paid sale) or upon collection (ex-works sale).

By express agreement, LATTY’s sales contracts are always concluded subject to the resolutory condition of full payment by the Buyer at the maturity or maturities specified. However, risks are transferred upon delivery (carriage paid sale) or upon collection (ex-works sale). By express agreement, LATTY’s sales contracts are always concluded subject to the resolutory condition of full payment by the Buyer at the maturity or maturities specified.

5.2. Resale or Use

The goods remain the property of the seller until full payment of their price. As a simple tolerance, LATTY hereby authorizes the Buyer to resell or use the designated goods, provided that the Buyer pays, upon resale, the full amount of the price remaining due, the corresponding sums being hereby pledged in favor of LATTY in accordance with Article 2071 of the Civil Code, the Buyer becoming a simple depositary of the price.

5.3. Payment

Payment is made according to the terms specified at the time of the order. The granting of payment terms is a simple tolerance granted by LATTY based on the Buyer’s references. LATTY reserves the right to withdraw this facility without recourse for the Buyer and without price reduction in the event of deterioration of these references.

In the event of payment by accepted draft, the Buyer is required to return the acceptance within eight days from receipt of the invoice or corresponding statement. In the event of cash payment by check, the Buyer is required to make payment upon receipt of the invoice. In these cases, no further delivery may occur until the draft or check has been received by LATTY. In the event that payments do not occur on the dates agreed by the parties, LATTY reserves the right to take back the delivered goods and, if it deems appropriate, to terminate the contract. All costs of any kind related to this recovery operation will be borne by the Buyer.

The remittance of a draft or any other document creating an obligation to pay does not constitute payment within the meaning of this provision. Regardless of previously concluded agreements, amounts remaining due become immediately payable in the event that one of the payments is not made on the specified date. A payment delay of more than 8 (eight) days compared to the specified deadlines, or cessation of payments in any form whatsoever, will result, regardless of the payment method provided and without prior notice:

return of the equipment to LATTY
the right to retain deposits that have been paid, up to 40% of the sale price.
LATTY’s right to suspend execution of other orders that may have been accepted, notwithstanding any damages.

The same delay will result, after prior notice by registered letter with acknowledgment of receipt remaining unsuccessful within eight days:

late payment interest at a rate of 3 times the legal interest rate in force (see Articles L441-3 and 441-6 of the Commercial Code) on the amount including tax of the claim, from the contractual payment date until the day of payment.
a contractual penalty of 12% of the amount including tax of the claim with a minimum of 150 EUR, in the event that the Buyer’s default has forced LATTY to initiate pre-litigation proceedings.
invoicing of all costs incurred by LATTY or charged to it.

Pursuant to Articles L. 441-3 and L. 441-6 of the Commercial Code, any debtor paying an invoice after expiration of the payment period must pay the creditor a flat-rate compensation for recovery costs of €40 (Art. D.441-5). This is in addition to late payment penalties. It is not subject to VAT.

Article 6: Warranties

6.1. General Provisions

Usage warranties may be granted by LATTY on a case-by-case basis, and only in cases where LATTY is fully informed of the exact use made of its product by the Buyer.

6.2. Products According to Buyer Specifications

LATTY products manufactured under specifications from the Buyer, including specifications documents, are warranted only for the negotiated duration, from the date of delivery. This warranty is valid only for use under contractually specified conditions.

6.3. Terms of Warranty Exercise

The warranty is limited to the simple replacement of parts recognized as defective by LATTY’s technical service. Shipping and labor remain the responsibility of the Buyer. Any warranty claim must be accompanied by the defective part or, failing that, the part’s lot number and the date of commissioning.

Except for proven latent defects, wear parts are excluded from the warranty. Any abnormal use of the equipment, modification made to the equipment by an unauthorized person acting without LATTY’s agreement, or use of non-original spare parts will result in loss of warranty rights. To invoke the benefit of these provisions, the Buyer must notify LATTY without delay and in writing of the defects it attributes to the product and provide all justification regarding their reality. It must give LATTY every facility to verify these defects and remedy them.

6.4. Non-Warranty Intervention

Interventions and replacement of parts performed outside warranty by LATTY’s after-sales service will be subject to an initial quote. Travel and intervention costs for LATTY technicians are the responsibility of the Buyer.

6.5. Spare Parts

Apart from latent defects, LATTY is only responsible for the conformity of the part with its specifications. It is the Buyer’s responsibility to choose the spare part according to its usage constraints and expected results. Under no circumstances may a part change on an assembly extend the warranty periods for that assembly.

6.6. Force Majeure

LATTY is released from its contractual obligations in the event of force majeure. All events usually recognized by case law in this matter are contractually assimilated to force majeure and will constitute grounds for termination or suspension of LATTY’s obligations without recourse by the Buyer.

Article 7: Responsibilities & Insurance

7.1. General Provisions

LATTY and the Buyer recognize each other as professionals in the products sold with regard to the competencies of the authorized persons.

7.2. Technical Obligations

For standard catalog products, and in the absence of buyer specifications related to product use, LATTY International is only bound by the conformity of its product with the specifications of its technical documents under the specified standard usage conditions.

In this case, the Buyer is always responsible for the choice of product, the adequacy between the product sold and the expected result. It is responsible for its proper use and installation in accordance with best practices, regulations, and LATTY’s recommendations. Under no circumstances does LATTY have any obligation regarding the final result.

For products that have been subject to customer specifications (for example, a specifications document) accepted by LATTY, LATTY is only bound by the conformity of its product with the specifications stipulated in the contractual documents and by the achievement of the performance defined in these documents, and under the specified conditions (particularly regarding environment and operating constraints). Any implementation outside these conditions constitutes abnormal use of the product.

In all cases, LATTY can only be held to the usage conditions and constraints of any kind known to it.

7.3. Advisory Obligations

LATTY is available to its customers to provide all advice concerning the use of its products. The request must be made in writing.

Information and advice provided by LATTY are established based on customer information. It is therefore the customer’s responsibility to verify whether this information is accurate and complete. Any consequence of information from the customer that is incomplete, missing, or erroneous will be the customer’s responsibility and cannot be attributed to LATTY. Information and advice provided by LATTY do not account for peaks, water hammer, or cycling not communicated by the Customer.

Information and advice provided by LATTY are given in good faith, taking into account LATTY’s experience and knowledge.

7.4. Reseller Buyer

7.4.1. End Customer Data Not Known to LATTY

Except in cases where LATTY has been in direct contact with the end customer regarding the need to be satisfied, the reseller Buyer is always responsible for the advice it provides to its customers and for the proper match between the purchased product, usage constraints, and the result expected by the end customer, which results and constraints are unknown to LATTY.

LATTY is available to the reseller Buyer to assist in this task, within the limits of the information transmitted to it.

7.4.2. End Customer Data Known to LATTY

It is the reseller Buyer’s responsibility to transmit in full the requests of its own customer and to relay LATTY’s recommendations in the same manner. Any failure, even partial, would engage the reseller Buyer’s responsibility.

7.5. Insurance

LATTY is insured for all usual risks of its activity and at the usual level of the profession. It makes available to its customers current certificates of insurance and coverage tables.

Article 8: Intellectual or Industrial Property & Reproduction Rights

The Customer acknowledges LATTY’s industrial and intellectual property rights over documents that may be provided in connection with the order.

Plans, models, or any other technical documents originating from LATTY and provided to the Customer are and remain the full and entire property of LATTY. The Customer undertakes to respect and have its employees respect their strictly confidential nature. Without prior written agreement from LATTY, they may not be communicated or provided to anyone, nor exploited other than within the framework of relations with LATTY International, and they will be returned without delay upon first request.

Any reproduction or representation, even partial, by any process whatsoever, on any medium whatsoever, of these documents, made without written authorization from LATTY, is unlawful and constitutes counterfeiting. Failure to comply with this obligation may result immediately in LATTY’s termination by operation of law, without the need for any formality or procedure, of all orders in progress at that time, and without prejudice to damages that LATTY International may claim.

Article 9: Special Conditions

These General Terms and Conditions of Sale do not exclude the application of Special Terms and Conditions of Sale.

Article 10: Law and Jurisdiction & Language

French law applies to sales by LATTY International and related agreements. The Buyer’s orders are placed under formal condition only in the event of disputes relating to supplies and their payment. The Commercial Court of the seller’s registered office will have sole jurisdiction to the exclusion of any other jurisdiction designated by the Buyer, even in the event of multiple defendants.

All documents must be written in French. In the event of differences in interpretation between a French text and a foreign language text, the French text will prevail