General Terms and Conditions
ARTICLE 1 – GENERALITIES
Unless otherwise stated, these general terms and conditions govern the framework of our sales and possible services and prevail over any purchase conditions.
If JM Concept does not apply one of the articles of these terms and conditions, this does not lead to a waiver of the terms and conditions. The information given in our brochures, price lists or any other documents are not binding. Our company reserves the right to make any changes to the information given in these documents.
ARTICLE 2 - OFFERS
Upon request of the customer, a quotation will be submitted by JM Concept for acceptance. The quotation may contain special conditions that supplement or modify these GTC. A verbal offer is only valid if confirmed in writing. The date of validity of the quotation is written on the quotation.
ARTICLE 3 – ORDERS
The customer's orders will be taken into account only if they are formulated in writing. Orders must include at least the following information: product reference, quantity, agreed price, payment terms, invoice and delivery address, VAT number.
The order is validated by JM Concept by sending an acknowledgement of receipt to the customer. Any modification of an existing order will be subject to a new Acknowledgement of Receipt which will be considered as acceptance by JM Concept.
ARTICLE 4 – PRICES
The prices are established on the basis of the tariff in force and the discounts applicable on the day of the order. They are exclusive of taxes (VAT, customs and all other taxes are extra), packaging and transport costs.
ARTICLE 5 – PAYMENT CONDITIONS
Unless otherwise stated (special conditions defined in the order), payments shall be made without discount, even in case of advance payment, by bank transfer at 30 days end of month. The invoice specifies the due date for payment.
JM Concept reserves the right to demand payment at the time of order, by bank transfer or cheque, for the first order. In case of payment by bill of exchange, LCR or BOR, the latter must be returned to JM Concept within 8 days.
In case of payment incident, delay or non-payment on the due date, JM Concept reserves the right to :
Cancel or suspend current orders and deliveries,
To demand immediate payment of the amounts due,
To demand payment at the time of order for future deliveries.
ARTICLE 6 – LATE PAYMENT PENALTIES
In application with the article LME 2008-776 of August 4, 2008, in addition to the fixed indemnity of 40 euros due for the expenses of recovery such as it is envisaged by the Code of Trade, penalties of delay of payment are due by rights the day which follows the date of payment mentioned on the invoice. These late payment penalties are calculated on the basis of 3 times the legal rate.
ARTICLE 7 – DELIVERY AND DELAYS
The announced delivery times are based on stocks and supply possibilities at the time of the offer. The delivery time starts when JM Concept sends the acknowledgement of receipt. The delivery times are given as an indication and are not binding for JM Concept, which will however do its utmost to meet the announced deadline.
We are not responsible for delays due to:
The carrier's own delay
A case of force majeure as described in article 8.
The delivery will be carried out in accordance with the conditions stipulated in the order.
ARTICLE 8 – FORCE MAJEURE
JM Concept cannot be held responsible for delays, errors or damages or for any other failure to fulfil its obligations in case of force majeure, which includes for example acts of war, strikes, equipment failures, etc.
ARTICLE 9 – TRANSPORT
Unless otherwise agreed, shipping costs are to be borne by the customer. The products travel at the customer's risk and it is the customer's responsibility to verify the good condition of the products at the time of delivery.
ARTICLE 10 – RECEPTION
The customer must check the number and condition of the products delivered within 48 hours. In case of any anomaly, the customer has to inform JM Concept, after the 48 hours period, the delivery will be considered as conforming and no claim will be admissible. The products are neither returned nor exchanged without prior agreement and subject to the return conditions imposed by JM Concept.
ARTICLE 11 – TRANSFER OF OWNERSHIP - RETENTION OF OWNERSHIP - TRANSFER OF RISKS
The transfer of ownership of the products to the customer will only take place after full payment of the price by the customer, regardless of the delivery date of the products.
JM CONCEPT keeps the property of the sold goods, even if delivered, until the full payment of the price, in principal and in accessories. In this respect, if the customer is in receivership or liquidation, JM CONCEPT reserves the right to claim, within the framework of the collective procedure, the goods sold and not paid for. Also in case of non-payment, even partial, JM Concept can demand the return of the products at the customer's expense.
The risk of loss and deterioration of the products is transferred to the customer upon delivery and receipt of the products, regardless of the date of the order and payment.
The customer acknowledges that the carrier is responsible for the delivery and that JM Concept has fulfilled its obligation to deliver the products when it has handed them over to the carrier who has accepted them without any reservations. The customer has no right of recourse against JM Concept in case of non-delivery of the ordered products or in case of damage during transport or unloading.
ARTICLE 12 – GARANTEE
JM Concept guarantees that the products will be delivered to the customer's workshop with parts and labour, the period of validity of the guarantee being specified in the product description included in the quotation.
The customer has to ask JM Concept for a return authorization for repair.
Any defective equipment must be returned at the sender's expense to our head office in Brignais. The guarantee cannot be applied if the expertise carried out by JM Concept reveals a deterioration due to:
An error in use or assembly
Negligence on the part of the user,
Use not in accordance with JM Concept's specifications, forced opening of the product
Modification or alteration of the product.
The warranty does not apply to damage or accidents caused by impact, dropping, negligence, lack of supervision or maintenance.
In case the product can be repaired and the guarantee does not apply, JM Concept will send a repair estimate to the customer. JM Concept's liability is limited exclusively to the replacement of defective parts of our products.
ARTICLE 13 – CONFIDENTIALITY
JM Concept will make all reasonable efforts to keep confidential the information given to it in the context of the work done for the customer.
JM CONCEPT retains all industrial and intellectual property rights related to the Products, photos and technical documentation that cannot be communicated or executed without its written permission.
ARTICLE 14 - APPLICABLE LAW - LANGUAGE OF THE CONTRACT
By mutual agreement between the parties, the present General Terms and Conditions and the resulting sales and purchase transactions shall be governed by French law.
They are written in French. In the event that they are translated into one or more languages, only the French text shall be deemed authentic in the event of a dispute.
ARTICLE 15 - ATTRIBUTION OF JURIDICTION
All disputes to which this contract and the agreements could give rise, concerning their validity, interpretation, execution, resolution, consequences and consequences, shall be submitted to the court of LYON, even in the event of multiple defendants or the introduction of a guarantee.
ARTICLE 16 - ACCEPTANCE OF THE BUYER
The present general conditions are expressly approved and accepted by the Buyer, who declares and acknowledges having a perfect knowledge of them, and renounces, therefore, to prevail himself of any contradictory document and, in particular, his own general conditions of purchase.