Tippers and Dropsides for commercial vehicles from 3.5t to 7.5t

TERMS & CONDITIONS OF SALE

1. General

Each order is subject to the following Terms and Conditions.

These Terms and Conditions of Sale are expressly accepted by the Buyer, who has declared to have a perfect knowledge and understanding of them. The Buyer therefore gives up exercising any contradictory document, including his own Terms & Conditions of Purchase.

If JPM does not apply at one point a clause, it does not mean to give up exercising later the aforementioned clause.

1. Information about goods

Photos and drawings are deemed non-contractual. Information, specifications contained in the documents, catalogues, as well as quotations are issued or published for the sole purpose of giving an approximate idea of the Goods described in them; they can be modified without prior notice.

1. Offer

Except particular specification, each offer is valid for one month.

The foreign exchange risk is at the expense of the Buyer.

Delivery time is for information only and without commitment.

1. Order

Each order or each order modification will be considered as definitely registered once JPM has sent a written approval - called the “order confirmation” - to the Buyer by mail or by fax. In case the Buyer does not receive the order confirmation, it is on his own responsibility to ask for it.

Any order modification will not be accepted within three weeks prior to the delivery date.

1. Delivery Time

JPM will do everything possible to meet delivery deadlines, however the deadlines mentioned on the order confirmation may be subject to production and supply risks.

Delays cannot justify order cancellation, even partial, or payment of late delay penalties.

1. Transport

Our goods are insured according to Incoterms® ICC 2010 specified in JPM’s order confirmation.

In case of damages or losses during transport, the Buyer must notify the carrier within a maximum of 7 working days for international delivery and send a copy to JPM.

In case of collection of the goods by the Buyer, transport liability is totally transferred to him.

1. Payment

The presentation of a payment order creating an obligation to pay does not constitute a payment within the meaning of clause.

Our invoices are payable in Naucelle.

Settlements are made at legal maturity: 30 days net, except as noted otherwise in the invoice.

If the financial situation of the Buyer is deteriorating, we reserve us the right, even after the partial fulfillment of an order, to require guarantees. The refusal to meet these guarantees gives us the right to cancel all or part of the order.

In a case of non-payment, JPM can cancel the sale without reminder by sending a registered letter to the Buyer.

The non-payment of one invoice at its deadline renders automatically due the owed balance of all other invoices.

Any sum unpaid at the deadline gives JPM the right to add interest at the legal rate, multiplied by 3, due on receipt of invoice.

In case of extension of maturities, the associated costs and interests will be paid by the Buyer.

Any debtor who pays an invoice after the payment deadline must pay to his creditor a lump-sum payment of collection charges set to 40 EUR. This compensation addresses to all professionals excluding private individuals.

1. Transfer of ownership and Transfer of risk

JPM reserves ownership of goods until the Buyer has paid the complete invoice and this regardless of delivery date of goods.

Non-payment at maturity, even partial payment, gives JPM the right to take back the goods without any further formalities. If necessary, the return will be at the costs and risks of the Buyer. The claim for restitution applies even in the case of insolvency procedures started against the Buyer. Down payments can be kept in order to cover potential losses on resale.

1. Intellectual Property

The Buyer does not acquire any right on commercial, intellectual and industrial property elements supplied by JPM via its catalogues, price lists, advertising flyers, or specification sheets. They all remain the sole and exclusive property of JPM. Goods cannot be sold under another brand name than the one used by JPM, except if a specific written authorization is given by JPM.

1. Warranty

All notification claims regarding the quality of goods, except transport disputes, must be stated, in writing, within 15 days from the delivery date.

Each claim under guarantee as well as collection charges are submitted to JPM’s prior approval.

Bodies manufactured by JPM are covered by a 24 (twenty-four) month guarantee period for steel and aluminium bodies from week of JPM’s manufacturer plate. Bodies are covered against manufacturing defects, mounting defects in case of installation in our factory, functioning problems and material defects. 

No seller or dealer can modify guarantee terms and conditions, except if the seller or the leader replaces JPM’s guarantee terms and conditions by his own guarantee terms and conditions on behalf of his company.

1. Force majeure

JPM reserves the right to defer or to cancel the fulfilment of an order in case of force majeure, as defined by the jurisprudence of French courts of law and in case of circumstances beyond the reasonable control of JPM including, without limitation, strike, lock-out, fire, flood, frost, blocking of transport routes… The Buyer will be entitled to refund the down payment if necessary and without compensation.

1. Applicable Law – Language – Jurisdiction

By express agreement between JPM and the Buyer, these Terms & Conditions of Sale and the transactions of buying and selling that result from them are governed by French Laws.

If any dispute arises between JPM and the Buyer about the meaning or effect of these Conditions, the sole competent courts are the Courts of Rodez.

In case of inconsistency, the Terms and Conditions of Sale in French language shall prevail.