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General terms and conditions of sale TOBECA

Version 1.3 from 09/09/2019

1. Introduction

1.1 Foreword

These general terms and conditions of sale apply for any purchase of a 3D printer from the Tobeca standard line or a special machinery developed and sold by Tobeca LLC. The Customer is understood as the one with whom the purchase-sale relationship is established and who is invoiced for the order.

The Manufacturer is understood as the designer and manufacturer of the product, namely the Tobeca company.

1.2 General

These general conditions of sale, codify the uses and dominant rules justified by the technical requirements of the profession, define the rights and obligations of both parties. The contract for the realization and installation of professional equipment from a standard line with possibility of options or for the development of a special machinery is a contract concluded between the Manufacturer and the Customer. In accordance with Article L441-6 of the French Commercial Code, the present general conditions of sale establish the legal basis of the contract for all the provisions which have not been the subject of specific express agreements. They do not comply with any contrary clauses formulated in any way by the Customer if the Manufacturer has not accepted them in writing. The delivery of any order, the acceptance of an offer, imply full compliance with the present general conditions.

2. Parties cooperation

2.1 Duty of cooperation

This cooperation is based on the definition by the Customer of his needs and the desired purpose, and their communication to the Manufacturer. The Customer has the obligation to provide full and comprehensive information, accurate and reliable, not only as to his needs, operating and environmental conditions but also as to the products characteristics and process specifics that will be used with equipment. The satisfaction of his needs will largely depend on the information provided by him. The Manufacturer can not, therefore, be held responsible for an omission or error contained in the items provided by the Customer. This cooperation also includes the phases of study of their needs, production and development of the equipment.

2.2 Duty of information

From his side, the Manufacturer will inform the Customer, even before his engagement, of his technical knowledge, the manufacturing constraints and the possible effects that he may know related to the use of the equipment.

In addition, the modification of operating conditions that may be necessary as a result of the introduction of the equipment into the operation must be handled by the Customer.

3. Technical studies and production

3.1 Definition – Study and pre-study

The study, intellectual part of the order, represents a considerable part of the investment. The parties may agree that the study will include a pre-study or feasibility study to arrive at the costing of the investment, to know the principles, the building method, the number and the type of parts needed. The study itself is the intellectual implementation of the specifications including, where appropriate, the results of the pre-study. The pre-study may be invoiced to the Customer without there being any commitment of the parties to go further if this pre-study demonstrates technical infeasibility or development costs that can not be supported by the Customer.

3.2 Intellectual property

All plans, studies, descriptions, technical documents or estimates given to the other party are provided as part of a loan for use for the purpose of assessment and discussion of the commercial offer of the Manufacturer. They may not be used by the other party for other purposes or communicated to a third party without the prior consent of the Manufacturer. The Manufacturer retains all material and intellectual property rights over the loaned documents. These documents must be returned to him at first request. In addition, the Manufacturer’s studies, substantially modifying the specifications and resulting in an improvement of the value of use of the product, remain his exclusive property and can not be communicated, executed or reproduced without his written authorization. The payment of studies does not involve any transfer of any intellectual property right to the client. Any transfer of intellectual property must be the subject of a written contract.

3.3 Confidentiality

The parties mutually agree to a general obligation of confidentiality concerning any oral or written confidential information, whatever it may be and whatever the medium (discussion reports, plans, electronic data exchange, activities, installations, projects, know-how, products, etc.) exchanged as part of the preparation and execution of the contract, except information which is generally known to the public or which will become known otherwise than by fault or as a result of the Customer’s actions.

3.4 Offer Order and production

The tariff offer is made according to the purchase order defined with the Customer.

Any modification requested by the Customer must be subject to a review of the order and will lead if necessary a reassessment of the tariff offer.

4. Delivery, transportation and customs

4.1 Terms

The delivery terms are defined by the parties when concluding the contract. In the absence of an agreement, the transportation and customs costs are payable by the Customer and the responsibility for transport is the responsibility of the Manufacturer.

4.2 Leadtime

Leadtime is indicated in the purchase order. Otherwise, the leadtime starts from the date of final acceptance of the order by the Manufacturer and receipt of the deposit specified in the order.

4.3 Delivery delays

Equipment delivery delay can not justify cancellation or termination of contract.

In the event of delivery delay for which the Manufacturer is held responsible, penalties of delay may be required after a formal notice within fifteen days after expiry of the contractual period.

The overall capping for these late penalties relates only to the value of the equipment and not to the total amount of the contract.

They are calculated as follows: 0.5% per week of delay with a cumulative maximum of 5% of the value (excl. VAT) of the amount of the equipment concerned by the delivery delay.

The penalties provide full discharge of liabilities, they are lump-sum and exclusive of any other compensation.

5. Assembly, installation, commissioning

5.1 On-site intervention and training

The Customer must provide the Manufacturer with technical and human resources necessary for the proper execution of the services.

The Manufacturer sends his personnel to the Customer’s site in order to carry out the assembly and installation services, but the Customer must also make available competent personnel and in sufficient quantity to assist the Manufacturer’s staff and take charge of the equipment installation.

The Customer’s personnel will be required to use the installation, therefore it must be trained. The Customer must make sure that the personnel with the required qualifications is available.

If the Customer does not wish to be trained in the use of the 3D printer, this will appear on the offer (leaving the quantity at 0 in the purchase order equals acceptance) and will have to handle the productivity losses related to product learning and use.

Any further training or intervention on site will be invoiced at the rate of 1 350 € excl. VAT per training day + mileage expenses in effect.

5.2 Fondations

The Customer shall provide the necessary technical means (energies, fluids, amenities …) for the proper installation of the equipment. He will have to be vigilant so that his site can accommodate in the best possible conditions the equipment ordered according to the indications given by the Manufacturer, in particular the accesses for the free circulation of the 3D printer on his premises to its definitive place of installation as well as the types of connection, especially electrical, indicated by the Manufacturer.

6. Tests, development and acceptance

6.1 Trial runs

The trial runs are necessary to verify the proper functioning of the equipment. These tests are carried out by the Manufacturer only before any provision according to his own procedures.

The criteria for Tobeca test validation generally are:

  • Materials: the tests carried out are made with standard materials as PLA or ABS.

  • Plate flatness: printing on a glass of a part close to the printer’s max working surface with first layer at 0.25mm and output at 150% (manufacturer’s tolerance glass flatness ± 0.3mm on the surface).

  • Long part: Printing of a 7 hour long part on the left print head.

  • Maximum print speed tested (0.2 mm layers with 0.40 mm nozzle): 100 mm / s

  • Dimensions of the parts tolerance: maximum ± 0.1mm on all the axes on a part of 100mm side (measurement carried out with vernier caliper not controlled by a metrology firm).

  • Double extrusion piece (if applicable): adjustment of the spacing between the nozzles and printing of a flat piece in two colors of approximately 30 minutes.

  • High part: printing of a high part at least 1/3 of the maximum printable height and control of the perpendicularity and good alignment of the printed layers.

Those tests are not exhaustive and could be less or more important, regarding the global project and therefore are noted in the project folder and given to the client if he is interested by results.

6.2 Tests

The tests performed on the equipment are operations aimed to verify that the equipment has the technical characteristics for which it was designed.

These tests may take place in the presence of the Customer and they are carried out before any start-up and production ramp-up. These tests take place on the Manufacturer’s site.

6.3 Acceptance

During the acceptance of the 3D printer, and only in the case of on-site delivery and training, the Customer may express reservations if he considers that the equipment is non-compliant with his order.

Critical / major reservation :

These reservations do not allow the Customer to commission the equipment to start production. He can not use the equipment in any way. A reservation is an element that prevents the implementation of the equipment. In this case, this type of reservation, the acceptance can not be indicated as final and prevents the payment of the balance.

Non-critical / minor reservations / remarks :

These are simply Customer’s remarks that do not prevent the Customer from using the equipment under normal conditions even if it does not meet all the performance requirements specified in the offer. In this case, the payment of the balance can be retained by the Customer until the Manufacturer solves the indicated reservations, if they are valid. Those reservations should be notified to the manufacturer by letter within 14 (fourteen) days after the receipt of the product on the Client’s site. Otherwise, the reservations will not be accepted.

7. Payment Terms

7.1 Payement terms

The deadlines and terms of payment will be determined in the purchase order. If not, and as reference conditions only, the following conditions apply: 50% at the order and 50% upon delivery to the Customer.

7.2 Invoices payment

All invoices are payable at the head office of the Manufacturer, in full and without discount.

The payment of the deposit at the order does not involve for the buyer the faculty to withdraw by surrender thereof which will remain acquired, in this case, totally as lump-sum damages subject to all other rights.

7.3 Late payment

In the absence of agreement between the parties, and in application of the legal provisions, the buyer, after the sending of a formal notice from the Manufacturer, will be liable for a penalty for late payment, calculated on all the sums remaining due and equal to 3 times the legal interest rate. In addition, any professional in a situation of late payment is automatically debtor of a fixed compensation of 40 € for recovery costs (articles L441-3 and L441-6 of the French Commercial Code).

7.4 Retention of title

Article 2367 and following of the Civil Code recognize the possibility of retaining ownership of a property by the effect of a retention of title clause which suspends the transfer of ownership until full payment of the price set in the order.

7.5 Force majeure

Force majeure is an unforeseeable, overwhelming and external event that prevents a party to a contract from performing its obligations.

In a case of force majeure, the execution of the contract becomes impossible and not only more difficult.

It is specified that the cases considered as force majeure are the following:

  • Total destruction of the premises of the company following a fire, a flood and any other natural disaster which the Manufacturer could not protect himself from despite the implemented security measures.

  • Theft of all the equipment needed to manufacture the 3D printer and which the Manufacturer was unable to protect himself from despite all the site security measures implemented.

  • The managing director’s inability to work for more than 6 months following an accident or a disability.

  • The death of the managing director.

In case of force majeure, the parties agree to meet to find a solution to the problem that arises. The execution of the contract is suspended and if the force majeure persists, they may agree to terminate the contract under conditions to be negotiated between them.

8. Contractual guarantee and obligations

8.1 Scope of the guarantee

The guarantee is only applicable in Metropolitan France for a product purchased from Tobeca and used under normal conditions of use.

8.2 Normal conditions of use

The guarantee applies under the normal conditions of use defined as such:

  • The equipment must be used in a room with ambient temperatures between 18 ° C and 24 ° C.

  • The equipment must be used in an environment with a humidity level between 40% and 60%.

  • The equipment must be used with the consumable approved and recommended by the Manufacturer (it is possible for specific consumables to seek the advice of the Manufacturer).

  • The equipment must be connected to a suitable electrical network.

  • The equipment must be used with the print settings recommended by the Manufacturer.

  • The equipment is designed to be used for the maximum number of hours defined in the offer.

  • The equipment must not have been damaged in any way or modified by the Customer.

8.3 Guaranteed components

Guaranteed components are all elements of the 3D printer that are not defined as wear parts, specified in the purchase order. The components are guaranteed within the limits of the conditions of use established in the offer.

8.4 Spare parts

Spare parts are invoiced to the Customer (except if covered by the guarantee) according to the prices defined by Tobeca and available on request by the Customer. The prices of the spare parts are likely to be modified according to the supplies of the Manufacturer.

8.5 On-site intervention outside the maintenance contract

If the Customer does not wish a contract, then any maintenance intervention on site, even within the framework of the guarantee will be invoiced at the rate of 110 € excl. VAT per hour of intervention (a minimum of 1 hour is invoiced per intervention, any hour started is invoiced ) + mileage expenses up to 1 € excl. VAT per km traveled. Unless otherwise specified, there is no guarantee of intervention duration.

The Customer may, however, subscribe a maintenance contract at any time, even after the delivery of the 3D printer.

8.6 On-site intervention in the case of an assistance contract

In the case of an assistance contract invoiced to the Customer by the Manufacturer, the latter will travel to the site according to the conditions defined in the offer.

In the case of a contract with an unlimited number of interventions on site, any unreasonable request for intervention will be invoiced to the Customer (for example interventions for the routine maintenance operations that are Customer’s responsibility, as defined in the offer).

8.7 Hotline

Every by phone intervention or by Internet computer control will be charged at a rate of 80€ excl. VAT per hour (a minimum of 1 hour is invoiced per intervention, any hour started is invoiced ). The Client can order hours in advance with a discounted price of 75€ excl. VAT per hour.

8.8 Returns and troubleshooting

For small equipment such as office type 3D printer (less than 50 kg), a return to the Manufacturer can be made in agreement between the Client and the Manufacturer.

Responsibility for return transportation is the sole responsibility of the Customer.

The equipment will then be repaired within an average of four weeks and returned to the Customer.

If it turns out that the guarantee is applicable, the return costs advanced by the Customer will be reimbursed by the Manufacturer within a limit of 25 € excl. VAT within 30 days following the sending of supporting documents (invoice).

If it turns out that the guarantee could not apply, the return shipping costs will be billed to the Customer with pre-return payment, otherwise the Manufacturer reserves the right to keep the equipment until these fees are paid.

If the guarantee can not apply but the Customer wishes to have the product repaired, a repair estimate will be issued and must be validated before any repair. At the end of these repairs, an invoice will be issued and the payment must necessarily be received before returning the product, otherwise the Manufacturer reserves the right to keep the product until these fees are paid.

If the Customer does not wish to have his equipment repaired, the return costs will still be billed and the same payment terms will apply.

8.9 Duration and starting point of the guarantee

The guarantee comes into effect upon the final acceptance of the equipment by the signature of the acceptance report or the complete payment of the invoice. The duration of the legal guarantee of conformity is 2 years.

In the case of an additional guarantee extension, it must be subscribed at the time of the initial order.

8.10 Customer’s Obligations

The Manufacturer must have been able to ascertain the reality of the defects that are attributed to the equipment. He must be able to establish that the defect is real and that it is his performance that is at the origin of the defect covered by the guarantee.

The contractual guarantee will be excluded if the Customer has not used the equipment under the normal conditions defined by the Manufacturer.

8.11 Guarantee exclusions and Customer liability

The guarantee can not apply if at least one of the following conditions is validated:

  • Obvious deterioration of equipment indicating poor maintenance, lack of care, natural disaster, etc.

  • Use of equipment outside of normal use conditions

  • Opening of the electrical / electronic part by the Customer

  • Modification of the basic firmware of the equipment (internal software).

  • Use of the equipment outside the operational limits (excessive speed, number of hours of operation higher than the value defined in the offer …)

Also, the guarantee can not be applied for malfunctions that are not related to the equipment itself (missed printing, filament blockage in the extruder, clogging…).

The guarantee as well as the interventions under contract can not apply for maintenance operations and adjustment at the responsibility of the customer like:

  • Dismantling of nozzle for unclogging / cleaning

  • Partial dismantling extruder for cleaning

  • Dismantling of material feed tubes

  • Adjusting the offset and flatness of the tray

  • Adjusting the height of the nozzles relative to each other

  • Replacement of equipment wear parts

9. Disputes

This contract is subject to French law. In case of a dispute, jurisdiction is assigned to the court chosen by the Client, notwithstanding plurality of defendants or guarantee claim.