General Terms and Conditions
The criteria established by LimesVet Limited Liability Company (hereinafter: “Company”) determine the General Terms and Conditions (hereinafter "GTC") applicable to the services and orders provided by the Company.
Data of the Company:
Name: LimesVet Korlátolt Felelősségű Társaság
Seat: 1117 Budapest, Budafoki út 60.
Registering authority: Company Registry Court of Budapest Capital Regional Court
Company registration number: 01-09-185971
Tax number: 24853589-2-43
Bank account number (HUF): 10918001-00000116-48390004
IBAN: HU76 1091 8001 0000 0116 4839 0004
Bank account number (EUR): 10918001-00000116-48390011
IBAN: HU81 1091 8001 0000 0116 4839 0011
Telephone number: +36205876877
E-mail address: firstname.lastname@example.org
Internet address: https://limesvet.com/hu/
Data of the hosting provider:
Name: Total Studio Kft.
Seat: 2096 Üröm, Asztalos utca 14/B
Tax No.: 14410615-2-13 (HU14410615)
Company registration number: 13-09-225189
Safe uptime of servers: 95%
The present GTC is continuously available on the Website.
Anatomical models: based on the produced 3D digital models, the production of physical anatomical models of the indicated area in the original or different size, using additive manufacturing method (3D printing), or in a given case using the manufacturing method deemed appropriate.
Guide: surgical equipment, designed based on the Visualization and Anatomical models and produced by 3D printing. A guide is a specific single-use, drilling or cutting or positioning device for more precise surgical procedures for specific cases.
Customer: A veterinarian or the representative of a veterinarian, who is interested in or using the services of the Company. Parties agree that Customer is not considered as consumer based on the Act CLV on consumer production of 1997, § 2 (a). Medical implant: unique implants, prostheses for animals produced with the help of additive and/or subtractive manufacturing method and from suitable material.
Sketchfab 3D: An online 3D model sharing platform for the Visualizations produced by the Company. https://sketchfab.com/
Contract: The entire Contract between the Company and the Customer is constituted by the GTC and its annexes and the unique information given by the Customer and accepted by the Company together. Unless otherwise agreed by the parties, this General Terms and Conditions shall govern the legal relationship between the parties.
Services: Visualisation, printing of Anatomical models, design and printing of Guides, design and printing of Medical implants.
Visualisation: the process, when a 3D model of a given area of body is produced by segmentation based on the image(s) obtained during an imaging procedure (typically CT or MRI). The prior aim of the visualization is to support the veterinary to establish correct diagnosis, to support him/her in the communication with the pet keeper or with another veterinary, in the decision preparation, in his/her professional presentation and in possible planning of surgery.
Wherever this present GRC refers to written form, Parties shall consider communication by e-mail as written form, unless otherwise provided by the Parties in this present GRC.
1. SERVICES PROVIDED BY THE COMPANY
Company provides various services, however the engaging of all services is preceded by contacting and visualisation.
We hereby inform you that it is not possible to place an order through social media platforms, thus please, kindly avoid this form of communication. Contacting us is possible through the following channels:
a) On the Webpage by choosing menu Contact – LimesVet, and by providing your e-mail address and name, and a brief description of the subject of the request.
b) By sending an e-mail to email@example.com
Company shall answer to your request within 24 hours. In order to prepare your offer, Company needs the following information:
- Online form filled in completely. Company shall send to the Costumer the contact details for the online form;
- A precise, professional description of the case, indicating the scope of the service requested;
- CT or MR scans in appropriate quality;
- Declaration on whether Costumer would like to settle the invoice in EUR or HUF;
- In the case Costumer requests an Anatomical model, Guide or Implant, whether Costumer wishes to take over the product at the Company’s place of business or Costumer requests delivery. In case of the latter, the provision of the accurate place of delivery is necessary as well.
If all the information is duly provided and the CT and MR scans sent are of sufficient quality, anr offer shall be sent by e-mail by the Company to the Costumer.
The individual contract between the Parties shall be concluded upon acceptance of the offer in accordance with the provisions of this present GTC (hereinafter: “Order”). Order shall be deemed to be a contract concluded by electronic means, which shall be governed by Act V. of 2013 on the Civil Code, Act CVIII. of 2001 on certain issues of electronic commerce services and information society services.
Company shall prepare the Visualization within two working days calculated from the acceptance of the offer, which shall be shared with the Costumer using the Sketchfab 3D platform.
After the Visualisation, Customer has the possibility to order the following Services. If no additional services are ordered, Company shall issue the invoice of the Costumer regarding the Order.
1. Production of Anatomical Models
The Anatomical Model illustrated in the Visualisation shall be produced within 5 working days calculated from the Order by using a 3D printer – unless otherwise agreed by the Parties – in a 1:1 ratio. If no further services are ordered, Company shall issue the invoice to the Costumer regarding the Order.
2. Design and production of disposable surgical equipment (Guide)
a) Company designs the Guide on the Anatomical Model produced in the Visualization, which can only be used for the specific surgery. The deadline for the design of the Guide is 8 working days calculated from the date of Order.
b) After the veterinarian performing the surgery approves the designs, Company shall print two copies of the Guides using a 3D printer within 5 working days calculated from the date of Order.
The service indicated under this clause is indivisible, Company quotes for the complete service (design and manufacture together) only. If Costumer does not wish to order the production of the Guide after the approval of the plans, Costumer shall not be entitled to a discount and shall be invoiced for the complete service.
3. Design and production of Medical implants
a) Company designs the Medical implant on the Anatomical Model produced in the Visualization. The deadline of the design is 60 working days calculated from the date of Order.
b) After the veterinarian performing the surgery approves the designs, Company shall inform Customer within how many days the Medical Implant will be printed by 3D printer or, if necessary – and after special consultation – whether Company produces the Medical Implant
by subtractive manufacturing method (CNC machining)
The service indicated under this clause is indivisible, Company quotes for the complete service (design and manufacture together) only. If Costumer does not wish to order the production of the Medical Implant after the approval of the plans, Costumer shall not be entitled to a discount and shall be invoiced for the complete service.
2. PROVISIONS RELATED TO THE COOPERATION BETWEEN THE PARTIES
1. In the course of its performance Company shall take into account the requirements and instructions indicated by the Customer and shall fully comply with the applicable legislation.
2. The quality of the performance of the Service highly depends on the quality of the data received from the Customer. If the data is inadequate and Company draws the Customer's attention to this fact, Customer shall remedy the deficiencies within eight days. If Customer does not remedy the deficiencies and instructs the Company by e-mail to carry out the work in spite of the deficiencies, Company reserves the right – after the notification of Customer regarding the consequences – to refuse the order or to exclude its liability in respect of the work affected by the instruction. If Costumer fails to provide the Company with data, the consequences of the delay shall be borne by Costumer and the time limits set out in this GTC shall be automatically extended by the number of days of delay.
3. Company is obliged to inform Customer about the Services on a regular basis and also at the Customer's specific request.
4. Company shall be entitled to use subcontractors and performance agents for the performance of its activities under the Contract without the consent of Customer.
5. Customer agrees that the CT, MRI scans provided to the Company and the 3D models made from them or related to the case, may be forwarded by the Company to external experts or other partners for the purpose of facilitating the execution of the Order and solving any problems that may arise.
6. Company shall assign an identifier to the incoming cases and shall inform Customer thereof.
3. PERFORMANCE OF ORDERS
1. Visualisation: Company shall upload the produced 3D model to a publicly available file-sharing platform and shall report the completion of it to the Costumer. Depending on the case and on the Costumer’s request, the visibility of the uploaded model can be fully public (i.e. it can be seen by anyone who visits the Company's Sketchfab platform), private (visit is possible only in the possession of the link) or password-protected private model. Company shall send the invoice to the Costumer along with the report on the completion of the work. Once the invoice has been entirely paid, Company shall provide the Costumer with the link to the finished work by e-mail.
2. Anatomical model: If Customer requests the printout of the Anatomical model after the Visualisation, Company shall produce the Anatomical model within 5 working days calculated from the Order using 3D printing. Company shall send a report on the completion of the work by attaching a photograph thereof, and at the same time Company provides the invoice of the Costumer. The delivery of the product shall be started only if the invoice has been entirely paid.
3. Guides: Company produces the Guides by 3D printing based on the approved designs. In all cases Guides are produced in two copes, since one is for pre-operative practice (or surgical backup) and the other is for actual use. The Guides are delivered packaged but in all cases without disinfection. Sterilisation can only be carried out by treating with gas or soaking in CIDEX
OPA solution for a minimum of 30 minutes and a maximum of 120 minutes. It is essential that the ducts of the Guides need to be washed separately several times using a syringe with the CIDEX sterilising solution mentioned above. After soaking, the Guides must be rinsed and flushed with a sterile infusion solution before surgical use. Company shall provide the Costumer with a separate information sheet on the possible recommended disinfection methods.
Company shall send a report on the completion of the Guide by attaching a photograph thereof, and at the same time Company provides the invoice with the Costumer. The delivery of the product shall be started only if the invoice has been entirely paid.
4. Medical implants: Company produces the Medical implants by using additive or subtractive method (but typically 3D metal printing) from a model based on an approved design. Workpieces and accessories are delivered packaged, but without disinfection in all cases. Sterilisation can be carried out with ethylene oxide gas or in an autoclave/heat steriliser. Company shall provide the Costumer with a separate information sheet on the possible recommended disinfection methods. Company shall send a report on the completion of the Medical implant by attaching a photograph thereof, and at the same time Company provides the invoice with the Costumer. The delivery of the product shall be started only if the invoice has been entirely paid.
4. TERMS OF PAYMENT
1. Within 8 days calculated from the completion of the Service, Company shall issue the Costumer’s invoice in the currency of EUR or HUF, depending on the Customer's choice. The following shall be deemed as the fulfilment of the Service’s performance:
a) In case of Visualisation, the report on the completion by e-mail.
b) In case of every additional services, the report on the completion of the physical model
by attaching a photograph thereof.
2. In case Customer orders more than one Service, each Services shall be indicated separately on the invoice.
3. Customer shall pay the invoice within eight days calculated from the sending of the same.
4. In case of multiple ordered services, if the process of performance of the services is obstructed due to the fault of the Customer (e.g. lack of adequate data, relevant information) and the continuation is not possible within 10 working days, the work performed until then shall be invoiced.
5. TERMS OF DELIVERY
1. Company shall provide the Customer with the digital models uploaded to a visualization platform (Sketchfab 3D) by sending the link providing access to the models. Traditional 2D images shall be sent as an e-mail attachment or via a file transfer service.
2. The physically produced Anatomical Models, Guides and Medical implants can be taken over at the Company's seat or by courier service with which the product will be delivered to the address provided by the Costumer.
3. In case of international delivery, Parties shall apply the Incoterms 2020 EXW clause.
4. If the Order is taken over by using a courier service, the cost of the delivery shall be borne by the Customer. The cost of the delivery depends on the weight of the package.
5. If Customer choses the delivery, Company shall deliver the Order to the courier service – performing the delivery of the products to the delivery address specified by the Customer – within 3 working days at the latest calculated from the receipt of the purchase price on the Company’s bank account.
6. Customer is obliged to examine the package in detail at the time of delivery and to sign the receipt in case of complete delivery. Following this, Company does not accept any claims for deficiencies. Please document any complaints regarding the delivery and the order items by taking a record in the presence of the courier service employee.
6. DEFECTIVE PERFORMANCE
1. Company prepares the Visualization based on the data, MR or CT scans provided by the Customer. If, in accordance with clause II/2 of this GTC, Customer has not provided the scans of sufficient quality or has provided incomplete data despite the specific request from the Company, however has ordered the Visualisation, Costumer is not entitled to claim defective performance.
2. Company prepares the Anatomical model based on the Visualization. If Customer orders the Anatomical Model on the basis of the Visualisation, the order shall be deemed to be an approval of the Visualisation and Customer is no longer entitled to claim defective performance in relation to the Visualisation.
3. Company shall request a Certificate of Completion after the design of Guides and Medical implants, by which Customer approves the designs. Once the designs have been approved, Company shall immediately order the production, so that there is no possibility anymore to claim further amendments, and there is no possibility anymore for the Costumer to claim defective performance on the grounds that the designs – based on which the Guides and Medical implants were produced – were inadequate.
4. When designing and producing the Guide and the Medical implant, the Company always takes into account the animal's health condition, lesion or disease at the time of Visualization. It can never be excluded that the animal's health condition, disease or disorder will deteriorate during the design or production, therefore Company recommends that the Client uses the Guide and
Medical Implant as soon as possible after production. Accordingly, the Company shall only be liable for that the Guide and the Medical implant perform its function at the time of design and manufacture.
5. Company shall deliver the Guides and Medical implants without sterilisation but shall provide detailed information on the method of sterilisation. If Customer fails to comply with the instructions and the professional rules of veterinary surgical practice, Customer is not entitled to claim defective performance.
6. Company shall design the Guide for the procedure used by the Customer. If Customer subsequently diverges from the procedure which the Costumer informed the Company about at the time of the ordering and on the basis of which the Company has produced the device, Company excludes its liability.
7. With regard to the revolutionary manufacturing technology, Company disclaims any liability for any deficiency that may occur during the use of the Medical implant and does not undertake warranty on the products. There is no data available regarding the life expectancy of the Medical implant, but it highly depends on the age and activity of the animal, the use of the device and
the rehabilitation of the animal. It is the sole responsibility of the Costumer to ensure that the pet keeper is properly (i.e. carefully and fully) informed about the importance of the rehabilitation after the surgery, the process of rehabilitation and to recommend a suitable specialist for the same.
8. All Medical implants and Guides are produced based on individual order, so there is no possibility of replacement.
9. Costumer is obliged to inform the pet keeper that MR examination with Medical implant is not recommended.
7. CEASE OF THE CONTRACT
1. If Company makes an offer for more than one Service, Customer may terminate the contract at any time, but shall pay the Company’s fees for the Services incurred until that time.
2. Before performance Company may terminate the contract at any time if Customer fails to provide data of satisfactory quality despite multiple requests to do so.
3. Company may reject the request for an offer if the Order is professionally not justifiable, technically not feasible or the performance of the contract would constitute a breach of law.
8. RIGHT CONNECTED TO INTELLECTUAL PROPERTIES
1. All intellectual works created during the performance of the Order, in particular, but not limited to, the designs created in the course of the Visualization, the Guide and the Medical implant, and the Anatomical Model, the Guide and the Medical implant themselves (hereinafter referred to as "Intellectual Works") are protected by copyright based on Act LXXVI of 1999 on Copyright.
2. Customer shall not be entitled to distribute, reproduce (including the recording of the Intellectual Works on any data carrier), publish, adapt or otherwise modify the Intellectual Works. Furthermore, Customer shall not be entitled to transfer the Intellectual Works to a third party or to authorise a third party to use the Intellectual Works.
3. Products produced by the Company shall bear an identifier and the Company's logo (and name, if applicable). Their removal is strictly prohibited.
4. Customer agrees that Company may take or have taken photographs or video recordings of the Intellectual Works created during the performance of the Order and publish them for reference online and offline. Such publications shall not contain information considered confidential by the Customer, provided that the Customer has informed the Company in writing in advance.
5. Customer shall indicate the name of the Company when using the Intellectual Works – including but not limited to 3D photos, videos, models – produced by the Company during the Order.
6. Photographs created during the performance of the Services may be published online or offline exclusively with the prior consent and designation of the Company.
7. Customer agrees that the MR and/or CT scans and other images provided by the Customer may be used anonymously for the Company's PR activities and scientific publications.
8. Company is the exclusive owner and holder of the rights connected to the 'LimesVet' brand and service, all elements thereof, in particular but not limited to the Service and know-how; the LimesVet term, logo and other signs and expressions, whether or not officially protected.
9. Customer shall not be entitled to use any element of the 'LimesVet' brand in the name of its own business or in its logo/trademark or otherwise in any way that would give the false impression that the Customer is an affiliate of the Company or a provider of its Service.
9. VIS MAIOR
1. Parties shall be exempted from liability for partial or total failure to fulfil their obligations based on this present GTC, if such failure is due to force majeure.
2. Force majeure includes all events which are of such an extraordinary nature that their occurrence could not have been foreseen by the parties or avoided by any reasonable means. These extraordinary events include, in particular: floods, fires, earthquakes or other natural disasters, as well as epidemics (human or animal), war, military actions, act of terrorism, acts or actions of authorities and any other circumstances beyond the reasonable control of the parties.
a) Upon the occurrence of such event, the Party concerned shall, promptly – after
becoming aware of it, – notify in writing the other Party regarding the nature, extent
and expected duration of the force majeure and shall use his/her best efforts to
mitigate the damage resulting from the force majeure.
b) Time limits for performance provided in this present GTC shall be extended by the
duration of the force majeure.
c) Additional costs incurred exclusively due to the force majeure shall not be transferred
to the other party.
3. If the events causing force majeure persist at least for a period of 3 months, either party shall be entitled to terminate the Contract based on the rules of regular notice, thus in writing, without reasoning and with immediate effect.
1. Parties agree that they shall treat as confidential all technical, legal, business information, facts, data, documents provided in the frame of their cooperation and of this present GTC – either orally, or writing or any other means –, Parties agree that the above will not be communicated to third parties, published, copied, reproduced unless the other Party has given its prior written consent.
2. Parties shall be responsible for the conduct of the following persons as if they had acted: employee, persons with membership or other employment relationship in connection with the Parties, entrepreneurs and any other persons’ conducts, who acts on behalf of them furthermore including those, who are obliged by the confidentiality rules of this point. The obligation ofi confidentiality set out in this clause shall be binding on the Parties without limitation in time. The party, who breaches the obligations of confidentiality has direct and unlimited responsibility for the damages resulting from the breach of the confidentiality obligations to the other party or to the third party, who suffered damage.
3. Customer agrees that the Company may present the cases anonymously on the Company's website, social media platforms, sales materials, media appearances, presentations, etc. without any further consent and without any further authorization at the time of ordering any Services.
11. MODIFICATION OF THE GTC
1. Company reserves the right to unilaterally modify, suspend or permanently terminate its Services and this present GTC at any time, with due notice to the Customers, and to change or delete the content of the Website at any time without prior notice.
2. If Company modifies the GTC, the modified version will be displayed on the Website and the Company will inform the Customers regarding the modification both via the Website and by email. Any amendment shall enter into force at the time of publication on the Website.
1. Any later or simultaneous communication or proposal concerning the cooperation of the parties between the Company and the Customer shall supersede any old communication or proposals, either electronic, oral or written.
2. The Contract shall be concluded in Hungarian language and in the event of any translation into any other languages, the Hungarian language shall prevail.
3. Orders and disputes arising from or in connection with the interpretation thereof shall be governed by the laws of Hungary. Parties undertake to resolve any disputes arising in connection with the Order or the GTC primarily by negotiation. The ordinary courts of Hungary shall have exclusive jurisdiction in disputes arising from or in connection with the Order.
4. If any provision of this GTC is considered invalid or unenforceable based on the applicable law (including, but not limited to, any exclusion of warranty or limitation of liability), such provision shall be replaced by a valid, enforceable provision that most closely reflects the intent of the original provision; the rest of the Contract remains in force.
5. Company reserves all rights not expressly provided for herein. Annexes: Information on the disinfection of Guides and Medical Implants.
November 12, 2023