GENERAL TERMS AND CONDITIONS OF SALE
Updated : April 2024
1) Preamble
All orders imply full and unreserved acceptance by the customer of the following conditions, which may only be modified by formal written acceptance by JML.
2) Effect of the contract
The contract will be considered to have taken effect when, on receipt of an order, JML has sent a written acceptance, in the form of an Order Acknowledgement, and if the conditions stipulated in this Acknowledgement have not been called into question within 8 days of its receipt by the customer.
3) Descriptive documents
The weights, dimensions, capacities, prices, performances and other data included in the catalogues, leaflets, circulars, advertisements, illustrated documents and price lists constitute an approximate guide. These data are not contractual, unless expressly referred to in the contract.
4) Packaging
The prices indicated in the offers and in the contract must include the costs of packaging and protection required under normal transport conditions, to avoid any damage or deterioration of the equipment before it reaches its destination as indicated in the contract.
5) Inspection and testing
Inspections : If expressly agreed in the contract, the purchaser shall have the right to have the quality of the materials used and the parts of the equipment inspected and controlled by authorised representatives, both during manufacture and on completion. This inspection and control must be carried out at the place of manufacture during normal working hours, after agreement with JML as to the date and time.
Testing : If the contract provides for on-site tests, the terms and conditions governing these tests will be those specially agreed between the parties.
6) Conditions of supply
- The conditions of supply and, in particular, the time of transfer of risk will be established in accordance with the International Rules for the Interpretation of Trade Terms INCOTERMS 2010 of the International Chamber of Commerce.
If no indication is made in the contract specifying the conditions of supply, the equipment will be deemed to be sold ex works.
7) Delivery
The delivery period begins on the latest of the following dates:
- The date of entry into force of the contract as defined in § 2) ;
- The date on which JML. Receives notice of the issue of a valid import permit in cases where this document is necessary for the performance of the contract;
- The date of receipt by the JML bank of the deposit or of notification of the L/C to JML if this is requested in the contract.
If the delay in delivery is caused by one of the circumstances mentioned in point XI or by an act or omission on the part of the purchaser, an extension of the delivery period that is reasonable in view of all the circumstances of the case will be granted.
8) Price conditions
Prices are in euros, excluding taxes and foreign duties, and are given for information only. They can only be considered firm and valid if they are confirmed by a written proposal and within the validity period indicated in this proposal.
9) Payment
- Payment shall be made in accordance with the terms indicated in the order confirmation.
If delivery has been made prior to payment of the full contract price, the delivered equipment remains the property of JML. to the extent permitted by the law of the country where the equipment is located after delivery, until full payment has been made. If the law does not permit JML to retain ownership of the equipment, JML will be entitled to any other legal rights that the law permits.
- The purchaser will provide JML with assistance if JML is obliged to take any steps to protect its rights in the property or, if that is not possible, any other rights it may have in the material.
10) Guarantee
JML warrants its equipment against any failure in construction or operation due to faulty design, materials or workmanship, subject to the following conditions:
- The guarantee period is 24 months from the date of commissioning of the equipment, and a maximum of 30 months from delivery ex works with a maximum use of 10 h/day. This period will be halved in the event of more intensive use;
- This guarantee is carried out in JML’s factories and covers the repair, modification or replacement of the defective part or component. Manufacturing, transport and customs costs are at the customer’s expense;
- Failure to use original spare parts during the warranty period may result in the loss of the machine warranty or in the warranty being invalidated.
JML’s liability shall not apply if :
- The customer has had the equipment repaired or attempted to have it repaired by a third party not authorised by JML;
- The defect in the equipment is due to a lack of maintenance or to any use of the equipment that does not comply with JML’s instructions.
This warranty does not cover wear parts or repairs or replacements required as a result of normal wear and tear.
In order to benefit from the rights provided for in this clause, the customer must notify JML in writing, without delay, of any defect that has appeared and return the defective part to JML.
Liability arising from any defect in the equipment supplied is strictly limited to the obligations specified above and any legal guarantee is excluded.
11) Derogation
The following events shall be considered as grounds for exemption if they occur after the agreement takes effect and prevent it from being performed: industrial disputes and all other circumstances (not limited to): fire, mobilisation, embargo, requisition, monetary restriction, insurrection, shortage of means of transport, general shortage of materials and restrictions on the use of energy when these other circumstances are beyond the control of the parties. These circumstances include, but are not limited to, fire, mobilisation, embargo requisition, monetary restriction, insurrection, shortage of means of transport, general shortage of materials and restrictions on the use of energy where these other circumstances are beyond the control of the parties. The party wishing to request exemption for one of the reasons mentioned above must notify the other party in writing of its impact and termination without delay.
12) Limits of liability
It is expressly agreed that as from the transfer of risks, under the terms of Article VI and even for failures caused prior to this transfer, JML will not be liable to pay any compensation to the purchaser in the event of, for example, an accident, damage to other goods not belonging to the subject of the contract, loss of production, it being understood that this list is not exhaustive.
13) Confidentiality
Drawings, documents, studies and in particular those enabling the partial or total manufacture of the equipment, which may have been sent to the customer before or after the contract came into effect, remain the exclusive property of JML.
The said elements may not, without the prior written agreement of the latter, be used by the customer for any other work, nor may they be copied, reprinted or passed on to a third party.
14) Claims
In the absence of an amicable agreement, it is expressly stipulated that any decision concerning this contract will be subject to the jurisdiction of the Courts of Sedan (France).