The general terms and conditions of service (below) of LILANO contractualize the relationships between the parties.
Purpose: General Provisions:
LILANO acts for the natural or legal person from whom instructions originate under which it operates (referred to as the client). No other party has the right to give instructions, such as the submission of reports unless authorized by the “client”.
LILANO performs sampling, analyses, audits, and technical assistance services at the request of its clients. LILANO may subcontract all or part of the analyses with the client.
When a quote is established, it constitutes special conditions that modify and/or complement the general terms and conditions of sale. The validity period is described in the quote or offer, and the contract is concluded for the duration described in the quote or offer.
LILANO’s Obligations:
LILANO will perform services in accordance with:
- The specific written instructions of the “client”, instructions accepted by LILANO,
- The provisions described in contracts, quotes, offers, accepted by the “client”,
If the method requested by the client is deemed inappropriate by the laboratory, this will be indicated. The laboratory will inform the client of any deviation from their request. Any deviation must not affect the laboratory’s integrity and the validity of results. If the client requests a declaration of conformity and/or interpretation, the decision rule must be clearly defined and will be communicated in the analysis report.
LILANO is responsible for managing all information obtained or generated during its activities:
All information is considered exclusive and confidential (except for information made public by the client, or cases agreed upon between LILANO and the client. LILANO must inform the client in advance of any information it intends to make public.
Information about the client obtained from sources other than the client themselves is treated as confidential. The laboratory will preserve the confidentiality of the information source, unless agreed upon by the source itself.
When the laboratory is legally required to disclose confidential information, the client must be notified of the information provided, unless prohibited by law.
Through the application of its quality system, LILANO personnel has signed a confidentiality clause regarding information obtained about the “client” and laboratory organization. LILANO reserves the right to mention the “client’s” name in its communication documents as a reference.
LILANO is responsible for the impartiality of its activities and rejects any form of commercial, financial, or other pressures.
Client’s Obligations:
The “client”:
Will ensure that data/information transmitted to LILANO will be done in a timely manner to perform the requested services,
Will inform LILANO of any potential or known risks such as the presence of toxic substances in samples
Will fulfill all obligations arising from the contract or quote concerned, failing which LILANO will then be relieved of any obligation towards the “client”.
Samples and Products Submitted for Analysis:
The “client” is responsible for the compliance and representativeness of samples submitted for analysis.
For any return of samples at the “client’s” request, transportation and packaging costs are at the “client’s” expense and will be invoiced.
Financial Conditions, Postponement or Cancellation:
As compensation for services performed, LILANO will receive amounts whose amounts and payment terms will have been set in the contract or quote or catalog. A commercial discount may exceptionally be granted based on the volume of activity ordered.
Invoices are established monthly and sent to the requester (unless otherwise indicated) and payable on the due date indicated on the invoice. In case of late payment, the “client” will be legally liable for a fixed compensation of 40 euros for recovery costs, as well as late payment penalties, in accordance with Article L 441-6 of the Commercial Code. If applicable, advance payment may be requested before the service is performed or the analysis report is delivered.
Any request for cancellation or postponement initiated by the “client” may result in billing if LILANO has mobilized resources that have incurred execution costs.
Warranty, Limitation of Liability:
The “client” is responsible for following recommendations and utilizing the results obtained.
In cases where LILANO would express reservations about possible inadequacies in the requested services, LILANO cannot be held responsible if the “client” maintains the request.
If LILANO’s liability is engaged, it would be limited to direct and immediate damage related to LILANO’s service, without exceeding payment by LILANO of an amount equal to the order described in the contract, quote, or offer.
Dispute Resolution:
Any dispute that may result from these “general terms and conditions of sale” will, in the absence of amicable agreement, be under the exclusive jurisdiction of the courts of the laboratory’s administrative headquarters.
Other:
As part of cooperation with its clients, LILANO allows them to attend analyses concerning them and conduct audits. LILANO’s complaint management process can be made available to clients upon request.
