For each customized medical device to be made, a written, duly completed, dated and signed prescription must be submitted to the laboratory with the fingerprints. The acceptance of fingerprints, without any restriction of the laboratory, is worth commitment on the part of the latter. The refusal of the practitioner to carry out a fitting or an additional check incurs liability for the possible financial or other consequences of the refusal. Possible modifications for causes that are not the responsibility of the laboratory will be borne by the practitioner and invoiced to the practitioner according to their cost.
The prescription must specify the characteristics of the device, namely: the nature of the work to be performed, the reference of the patient, the nature of the materials to be used, the morphological type of the patient, the age, the sex, the color of the cosmetic parts, any technical particularities and the desired delivery date. The practitioner guarantees the hygiene and asepsis of the prints and the works delivered.
We are committed to using only raw materials and supplies that meet the requirements of the European Directive 93/42 EEC. The identification of the materials is indicated on the delivery notes and invoices. The aseptization, packaging and labeling rules with the mention “non-sterile DMSM” will be respected. The working conditions, health and safety of the laboratory are defined by the National Collective Convention of Dental Technicians and Dental Prosthesis Laboratories Staff, extended by Ministerial Decree of 17 February 1979.
The prostheses are invoiced on the basis of the tariff in force of the laboratory on the day of the delivery or on the basis of the estimate accepted for the complex works, expressed in net price in accordance with the provisions of the decree n ° 78-1240 of the December 29, 1978. The execution of an emergency or special prosthesis may result in an increase determined previously by the laboratory. All miscellaneous supplies are provided and billed by the laboratory. Rates change during the year according to economic conditions and are regularly communicated to practitioners.
Invoices are payable in cash and without discount. It may be required the payment of a provision. Any delay in payments entails ipso jure, and without prior notice, the payment of default interest fixed at one and a half times the legal interest rate (Law of 13 July 1992, implementing decree of 27 July 1992). In the event of late payment, we reserve the right to suspend or cancel pending orders without prejudice to any other remedies.
Title retention clause
The sale is perfect after payment of the price (Article 65, Law 67-563 amended by Article 80-335 of 12 May 1980). However, the risks are transferred upon delivery. We reserve the right to demand the return of the prosthetic elements delivered if we wish to resolve the contract as long as they are not paid in full. In the event of disagreement, only the order for interim relief made by the President of the High Court will be taken into consideration. The payment will be made within reason of the price. The delivery of bills or any securities creating an obligation to pay does not constitute a payment. The fact of placing an order implies the full and unreserved acceptance of the buyer to our general conditions of sales.
The weight of any precious or non – precious metal prosthesis is established in the condition of the work that has been removed from the casting and increased by 20%.
For the good quality of your prostheses, the lead times are 7 days for the unitaries, 10 days for the small bridges and agreement for the larger works. Allow extra time for public holidays. Exceedances can not give rise to damages, deductions or cancellation of orders in progress.
The mode of transport and the methods of payment of the transport price will be defined by mutual agreement.
We are required to guarantee the non-visible defects of the medical device sold, under the conditions of articles L641 and following of the Civil Code, being reminded that between professionals belonging to complementary specialties, the seller is not obliged to guarantee, when the buyer was aware at the time of the sale of the defect in which the medical device was affected. It is formally agreed, furthermore, that we will be exonerated from any guarantee, because of the hidden defects of the medical device sold, having their origin in a lack of objectivity of the impression, an error of diagnosis, fitting or installation, or in a modification of the medical device, after its completion and final delivery, by our laboratory. Are excluded from the guarantee: • normal wear and tear • deterioration caused by a lack of maintenance, a bad use or the intervention of a non authorized person, • the consequences of a bad balancing – the consequences of the dismantling, a modification or addition of a part. The laboratory reserves the right not to guarantee one or more fabrications within the limits that only it will appreciate: the quality of the preparations, quality of the dental impression, lack of height, choice of materials, element looking at the occlusion, type of attachment details, quality of orthodontic treatment, quality of preparation of the mouth. The mere fact of agreeing to examine a returned device does not amount to an implied recognition of device non-compliance, or a presumption of liability.
We are committed to continuing our work as and when fitting, and until they are accepted by the practitioner. Substantial modifications during the work due to causes not attributable to the dental technician may be invoiced in addition, after prior agreement. The work should be considered completed, as soon as the practitioner, after all fitting, has asked the dental technician to finish it. We guarantee the hidden defects of the medical device sold for one year from its completion. Within this period, we undertake to replace free of charge items found defective, due to a defect of manufacture or materials, and this to the exclusion of the repair of any other damage. The practitioner may benefit from the guarantee only if he notifies the seller by registered letter with acknowledgment of receipt, within eight days of the discovery of the defect, and submits to him within the same period for examination, and the if necessary, for repair, all the defective elements. No guarantee is due when the defect is due to imprudence of the user, to a foreign cause or to a morphological or physiological evolution.
The laboratory may still modify one or more of the foregoing conditions. In case of dispute, the courts of the laboratory will be the only competent.
Election of domicile
Any dispute relating to the execution or interpretation of our general conditions of sale are the exclusive jurisdiction of the Commercial Court of Paris.