(valid from 01.11.2021)
The General Terms and Conditions (hereinafter referred to as GTC) govern all relationships between JFJ GmbH, JFJ Health & Sports, JFJ Aviation & Defence (seller, supplier, service provider) and the customer (buyer/client) with regard to the delivery of materials, individual parts, products and/or equipment or the provision of services. These GTC shall apply in all matters, even if they are not expressly stated in the offers or order acceptance documents. Should parts of these GTC become ineffective, the reduction to preserve validity and the meaning and purpose that comes closest to the ineffective provision shall apply.
CLAUSE 1
a) For the purposes of these General Terms and Conditions (GTC), it is agreed that
SELLER/SUPPLIER/SERVICE PROVIDER: JFJ GmbH, JFJ Health & Sports, JFJ Aviation & Defence.
CUSTOMER/PURCHASER/CUSTOMER: The natural or legal person who purchases the product under these GTC.
PRODUCT/Goods: The material(s), parts, products, equipment and/or services to be supplied.
b) The product to be delivered under these GTC is exclusively the one specified in the respective offer / order form / invoice.
c) These GTC shall apply to the delivery of any kind of products marketed by JFJ GmbH, JFJ Health & Sports, JFJ Aviation & Defence, irrespective of the way in which the contracting parties formulate or formalize the respective agreement. Any change or amendment to these GTC must be signed or at least agreed in writing with corresponding counter-confirmation by JFJ GmbH, JFJ Health & Sports, JFJ Aviation & Defence, otherwise it shall be invalid.
CLAUSE 2
All designs, documents or technical information relating to the product may not be used for purposes other than the assembly, installation or maintenance of the product itself without the express consent of JFJ GmbH, JFJ Health & Sports, JFJ Aviation & Defense.
CLAUSE 3
a) Offers that do not specify an expiry date are non-binding. The prices and other conditions of the offers are approximate values and require further confirmation by JFJ GmbH, JFJ Health & Sports, JFJ Aviation & Defense in the form of an order confirmation.
b) The data contained in the appendix, such as catalogs, illustrations, drawings, technical documents, etc. are for guidance only and do not constitute an obligation for the supplier. No claims can be derived from them.
CLAUSE 4
The contract shall come into force when JFJ GmbH, JFJ Health & Sports, JFJ Aviation & Defence informs the customer in writing of the acceptance of the order or contract and the customer has fulfilled his obligations by then.
CLAUSE 5
a) Unless otherwise stated, the prices quoted are for the product excluding transportation and without packaging (ex works), in the supplier's warehouses, and are based on the euro parity with the currencies of the countries of origin of the products at the time of the offer. In the event of a change in this parity, the supplier reserves the right to change the prices proportionately.
b) In addition, prices are calculated on the basis of the cost price at origin, transportation, insurance, customs duties, customs fees, taxes and exchange rates in force on the date of each offer, so that the modification of any of these elements will modify the corresponding price, which may subsequently be corrected.
CLAUSE 6
a) The Supplier shall determine the respective specific terms of payment for the delivery of the product(s).
b) If after 14 (fourteen) days from the date of invoice no other period has been agreed between the parties and the relevant amount has not been received, it shall be considered overdue and the Supplier's obligation to deliver and perform the contract (if any) shall cease.
c) If partial deliveries are invoiced, payment shall be made within the agreed payment periods for each partial delivery.
d) The Supplier shall charge the Buyer interest at the statutory rate (default interest) on the value of invoices that have not been paid by the due date.
e) Payments which are not made in accordance with the agreed terms and conditions shall entitle the Supplier to unrestricted compensation, in particular:
CLAUSE 7
All goods delivered shall remain the property of the Supplier until they have been paid for in full. The customer undertakes to take all necessary measures to protect the property.
CLAUSE 8
a) The delivery period is established for normal working conditions, so that the Customer may be forced to review it if force majeure situations occur.
b) For the reason referred to in paragraph a), the Supplier cannot be held liable for direct or indirect damages resulting from the delay in the delivery of orders due to delays in the supply of machinery, raw materials or parts to be purchased on the market or imported from abroad.
c) in case of foreign production and the necessity of import, some products can only be delivered after payment of the same to the manufacturers, for which the existence of foreign currency is necessary for the import and in case of non-existence or delay the supplier cannot be held responsible.
CLAUSE 9
a) Unless otherwise agreed, the place of performance of the delivery obligation shall be the Supplier's place of business.
b) The loss or deterioration of the product for reasons for which JFJ GmbH, JFJ Health & Sports, JFJ Aviation & Defence is not responsible shall be borne by the customer for the duration of the condition precedent (" retention of title" - CLAUSE 7), unless the product is delivered to the buyer/client subject to retention of title.
c) In the case of a product which the supplier has to send to a place other than the place of performance on the basis of an agreement between the parties, the transfer of risk shall take place upon handover to the carrier or shipper of the product or to the person carrying out the shipment.
CLAUSE 10
a) Without prejudice to the provisions of CLAUSE 6 and paragraphs d) and e) of CLAUSE 6, the contract offer shall be valid for acceptance within the period specified therein, provided that the prices quoted do not change during that period.
b) After this time, the supplier reserves the right to make adjustments to market conditions and to revoke the offer.
CLAUSE 11
a) The warranty of the delivery extends for the period specified in the order and, unless otherwise specified, for a period of 12 months from the date of delivery. The Supplier undertakes to repair and, if necessary, replace, as soon as possible, the Products that are proven to have design defects, poor quality of the materials used or poor workmanship, and provided that there have been no defects in assemblies or other defects caused by the Buyer/Customer or improper use of the Product.
b) For the purposes of paragraph a) of this clause, the buyer/client must complain in writing about the defect within 30 days of becoming aware of it and within 12 months of the date of the delivery bill. If the defect may cause damage, the complaint must be made immediately and as soon as possible.
c) The complaint must be made in writing and must contain a summarized description of the defect.
d) The rights arising from this forfeiture clause shall lapse after expiry of the period referred to in paragraph a) without the buyer/customer having made a complaint, or within 12 months, not counting the time spent on the repair work, in which case the supplier shall be released from all obligations.
e) After replacement of all items and parts, ownership of the replaced items and parts shall pass to JFJ GmbH, JFJ Health & Sports, JFJ Aviation & Defense.
f) For products that are not manufactured by JFJ GmbH, JFJ Health & Sports, JFJ Aviation & Defence, only the warranty conditions granted to JFJ GmbH, JFJ Health & Sports, JFJ Aviation & Defence by the respective manufacturer shall apply.
g) It is expressly agreed that JFJ GmbH, JFJ Health & Sports, JFJ Aviation & Defence shall not be liable for any loss of production or costs incurred by the buyer/client and that any costs incurred by the buyer/client may not be charged to JFJ GmbH, JFJ Health & Sports, JFJ Aviation & Defence.
h) Natural wear and tear of products or failures that may occur due to causes other than manufacturing defects are excluded from the warranty.
i) The warranty shall lapse if the customer or a third party carries out modifications or repair work without the written consent of the supplier or if the buyer/client does not immediately take appropriate measures to prevent more serious damage and to give JFJ GmbH, JFJ Health & Sports, JFJ Aviation & Defence the opportunity to remedy the defect.
CLAUSE 12
a) If the buyer/client has not made the complaint in accordance with point b) of CLAUSE 11, and if JFJ GmbH, JFJ Health & Sports, JFJ Aviation & Defence does not discover any defects or failures in product parts, JFJ GmbH, JFJ Health & Sports, JFJ Aviation & Defence shall be entitled to be compensated for the costs and expenses incurred as a result of the report.
b) Without prejudice to CLAUSE 9 on the passing of risk, the Buyer/Client shall, unless otherwise agreed, bear all costs and risks of transportation of the Product or its components to the headquarters of JFJ GmbH, JFJ Health & Sports, JFJ Aviation & Defence.
c) If a defect in a product is not properly remedied
1. the buyer/client has the right to a price reduction proportional to the depreciation of the product, limited to a maximum of 10% of the sales price;
2. the buyer/client may withdraw from the contract if the defect is so significant that it permanently impairs the intended use.
CLAUSE 13
a) Any complaint to the supplier must be made in writing by the buyer/client so that receipt is registered and confirmed.
b) Returns will only be accepted with the written consent of the supplier. In the event of acceptance, each return shipment shall result in a credit note by the Supplier in the amount of the invoice amount less at least 5% due to quality control and storage costs.
c) Acceptance of the returned product is subject to the good condition of the material or equipment and the original packaging.
CLAUSE 14
Cancellation of an order that the customer has previously placed in writing will not be accepted and is not permitted. If, in exceptional cases, the cancellation is accepted, JFJ GmbH, JFJ Health & Sports, JFJ Aviation & Defense reserves the right to charge at least 25% of the net value of the order as cancellation costs.
CLAUSE 15
a) The ordinary court in the district of Ried im Innkreis (Austria) shall have exclusive jurisdiction to settle any disputes arising from contracts or contract initiations between JFJ GmbH, JFJ Health & Sports, JFJ Aviation & Defence and the customer or the interpretation or application of these General Terms and Conditions.
b) It is expressly agreed that the law of the Republic of Austria shall apply. However, the application of the UN Convention on Contracts for the International Sale of Goods is expressly excluded.
JFJ GmbH
Au 2
A-5274 Burgkirchen
Telephone number: +43 676 606 42 38
E-mail address: [email protected]