General Terms of Business
1. Validity
The following terms apply to business transacted between SARL JX and its customership. Modifications or sub-clauses shall only be considered relevant if they have been confirmed in writing by us. This constitutes an objection to customers' standard terms and conditions of purchase, which shall not form part of the contract.
2. Scope of the delivery
Unless some other place of performance for a contract is specified by the parties thereto, or is determined by the nature of the business itself, delivery shall be deemed to have been effected with the readiness of the products at the domicile of SARL JX. The relevant invoice shall be taken as definitive in the case of a delivery being affected without a confirmation of order.
The right is reserved to make changes relative to the confirmation of order provided that the equipment supplied fulfils at least the same functions. We are, however, not obliged to make such changes also to equipment that has already been delivered or to part-deliveries.
3. Conditions applicable to the use of certain products, standards and prescriptions
SARL JX has laid down special conditions that are applicable to the use of certain products. These conditions are supplied together with the General Terms of Business and have the status of an integral part of those terms. In the event of their contradicting the General Terms of Business, the special conditions shall take precedence. The observance of the standards and prescriptions valid at the place of operation are in the responsibility of the customer.
4. Price lists, documentation
The technical data and remarks in our products descriptions have also to be considered by the customer. Variations in the documentation, such as in the descriptions and illustrations given, are subject to technical innovation and shall therefore be permissible.
5. Discretion
Neither party shall reveal to a third party any information pertaining to the business affairs of the other party that is either not generally accessible or generally known and shall take all reasonable measures to prevent a third party from gaining access to such information.
On the other hand, either party may utilize in its accustomed activities any knowledge gained in the course of the respective business affairs. The parties shall ensure that their employees also respect these obligations.
6. Customer's obligation to inform
The customer shall inform us, at the latest upon placement of an order, of any particular technical pre-requisites as well as of any legal, regulatory or other prescriptions applicable at the intended place of utilization insofar as they are pertinent to the execution and use of
the products concerned.
7. Responsibility for use
The customer shall have sole responsibility for the installation and use of our products and services and for their combination with other products. In exercising this responsibility he shall employ the necessary care and take account of safety/security aspects.
The customer shall make available to the user, in suitable form, all the information required for safety/security purposes, for example with warnings on the product itself, on the packaging or in any instructions for use. The customer shall obtain the requisite information
himself. We shall be pleased to assist the customer in so doing.
8. Delivery dates
Delivery dates shall be binding on SARL JX only if it has expressly confirmed them in writing.
9. Acceptance
Unless some other acceptance procedure has been agreed and confirmed, the customer shall check a delivery himself and report any defect in writing. Should the customer not complain within eight days of receipt of the goods, all functions shall be understood to have been satisfactorily fulfilled and the delivery as being therefore accepted.
10. Returns
Products sold by us cannot be taken back.
11. Warranty
We don’t warrant any products. The sole manufacturer warranty works. The SARL JX Company doesn’t produce its products so that in case of damages caused to any person or any object, the SARL JX Company is not responsible for.
12. Offers, prices and payment conditions
Changes to price lists, effective immediately, can be made without giving prior notice. We reserve the right to make price adjustments with respect to an offer in the event that the scope or execution of a delivery has to be modified because the documentation supplied by the customer does not accord with the facts or is incomplete. Unless otherwise stated, the prices quoted are in Swiss Francs without value-added tax, duties, express supplements, levies, customs charges, transport, packaging, insurance, installation, commissioning, training and application-support.
13. Export
The customer shall be responsible for respecting the relevant national and foreign export regulations.
14. Applicable law and legal venue
These General Terms of Business and the entire legal relationship between the customer and SARL JX shall be subject to French material law.
The courts at SARL JX's registered office at the time, currently Besançon (France) shall have exclusive jurisdiction for all disputes arising from or in connection with the purchase and use of the products, services and programs.
Authoritative general terms of sales are in French.
General Terms of Business 2009/08
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