|
| |
The following General Terms of Sale are a deciding clause of all sales of goods or services, and apply to all our customers. JIGE INTERNATIONAL S.A. is being called " the constructor " in the below text.
The pictures, photos and descriptions of the products are non-contractual. The product specifications can be modified without notice.
CNIL declaration : The information we request from you on our web site should enable us to give you an optimum service. This information is computer-processed. According to French law, you have the right to access and rectify the data stored by JIGE INTERNATIONAL.
|
|
|
|
|
MODELS :
Since the rates, catalogues and instructions, any kind of advertising, as well as the vehicles displayed, cannot be considered as a firm offer of the constructor’s models. The constructor reserves the right to modify the products, which may include the vehicle bodies, in order to keep up with technical progress, with no obligation to modify vehicles which have already been delivered or for which orders are in progress. The constructor reserves the right to determine the brand (s) of the components he will use for his equipment. |
|
|
|
PRICES :
a) The price for the equipment is the price valid at the date when the equipment in question will be delivered to the purchaser. Nevertheless, the price indicated on the first page of this order form will remain exclusive of tax for three months, beginning from this day. This price guarantee only applies to the model mentioned on this order form.
b) The constructor reserves the right to modify the price, without notice, after the deadline of the price guarantee (exclusive of tax).
|
|
|
|
|
|
ORDERS :
The order is only definitive after the constructor has sent written acknowledgement of receipt, i.e. it is valid only with this confirmation.
In the event of canellation or termination of this contract of sale, the customer has to pay 20 % of the present transaction in damages. The constructor has considerable research costs, and provides the customer with all the information necessary to manufacture the equipment.
|
|
|
|
|
|
DELIVERY TIME :
Since the equipment of JIGE INTERNATIONAL
is not a mass production, but each order is executed
individually according to the customer's requirements,
the delivery date is given for information only,
and is without engagement.
Nevertheless, the buyer could require the cancellation
of the order and the restitution of the payment
already effected, increased by the interests calculated
at the valid rate from the first day following the
expiry of the deadline scheduled, if the vehicle
is not delivered within one hundred twenty days
of the formal demand. It is being understood that
this formal demand can only be made after the deadline,
and for information only.
If it is not possible to sell the equipment or if
the production of the model ordered has been given
up since the order has been placed, the constructor
or the buyer could cancel the transaction in question,
without a preliminary formal demand or a judicial
formality. The constructor would just have to reimburse
the advance payment, increased by the legal interests,
beginning from the delivery date scheduled.
Any delay in delivery resp. non-delivery, caused
by force majeure, cannot bring along any kind of
damages-interests or indemnities.
Any event like an act of God or war, total or partial
mobilization, strike, epidemic, fire, flooding,
requisition, short supply of manpower, raw material
and transport, and other reasons, which concern
in particular a specific order with one or several
important options which might be the cause of delay
in delivery or non-delivery, constitute a dispensation
of our terms of sale.
Nevertheless, if the constructor cannot put at the
disposal of the buyer the equipment being the subject
of his order within the delay scheduled, the buyer
has the possibility to cancel this order, respecting
the above-mentioned formality conditions. He can
furthermore request the reimbursement of his advance
payment, increased by the legally valid interests,
and this beginning from the first day following
the expiry of the aforementioned deadline (with
the exception of any damages-interests).
|
|
|
|
|
|
DELIVERY :
If the buyer does not take delivery of his equipment within
eight days after having been informed of it by a simple
registered letter, the buyer will owe to the seller an
inclusive payment of 80 € per day, as custody depenses.
This payment must be effected from the 9th day after sending
the simple registered letter up to the day the buyer will
take over the equipment.
If, passing the deadline of 30 days after sending the
simple registered letter, the buyer still has not taken
delivery of his equipment, the seller could, when he thinks
best, dispose of the material in question without any
formality. The contract, binding the two parties, has
purely and simply been cancelled, the buyer being in the
wrong, and the advance payment already effected will definitely
belong to the seller as damages and interests.
The above-mentioned clause can only be referred to by
the seller who can force the buyer to pay the price specified
on the order form, if he wants to. This price can eventually
be reviewed in the above-mentioned terms with a max. increase
of 1 % per month of the price mentioned at the first page,
beginning from the date of the order form up to the date
the equipment is placed at the disposal of the buyer ;
in this case, the buyer can only take delivery of the
vehicle after having payed it, and must furthermore effect
an inclusive payment of 80 € per day, from the 9th
day of sending the simple registered letter, which must
be sent to him at the day the buyer has completely payed
the equipment and taken possession of it. The inclusive
payment cannot be subject to any reduction.
|
|
|
|
PAYMENT :
Delivery can be carried out only if the driver is in possession of the total amount of the price for the equipment.
|
|
|
|
GUARANTEE :
The examination of the damages and how they have been
caused is always carried out by the workshop of JIGE
INTERNATIONAL., any travelling and transport depenses
must be borne by the buyer.
Furthermore, the buyer has to take over the depenses for
any visit at site and every time the buyer requests it,
and the constructor accepts it.
JIGE INTERNATIONAL. guarantees for the equipment
of his production range, under the condition it is used
under normal working conditions and maintained according
to his instructions and recommendations, for one year
(excepted electrical parts) and beginning from the day
of delivery of the first customer-buyer, or the first
installation.
This guarantee is limited to repairing and replacement
works, which are to be effected by JIGE INTERNATIONAL.,
who will decide if the pieces are defective or not.
The guarantee only concerns repairing works to be carried
out by one of our registered repairers.
The repairing works or the replacement of the defective
parts represent the only obligation JIGE INTERNATIONAL
fulfils with this guarantee. Under no circumstances, the
buyer could pretend to a cancellation of the contract,
or to any compensation resulting from inconveniences due
to defective pieces, or to repairing works made by JIGE
INTERNATIONAL under guarantee. The guarantee can be
allowed only after the inquiry form for guarantee, duly
filled-in, has been registrated. Concerning the validity
of the guarantee, it is necessary that any information
required in the guarantee form, including the signatures
of both constructor and owner, are correctly carried forward
in the note book.
The spare parts to be replaced under guarantee will be
supplied by JIGE INTERNATIONAL. as fast as possible.
An eventual delay of this supply could not be recalled
to by the buyer in order to obtain a prolongation of the
period of guarantee, or an indemnity for eventual damages
deriving from this delay.
This guarantee, recognized by JIGE INTERNATIONAL,
excludes and specially replaces any kind of other commercial
guarantee. The guarantee period remains the same, even
for an equipment the owner of which has changed, under
the condition that the new buyer has communicated the
change of property to the constructor, Messrs. JIGE
INTERNATIONAL, within 30 days.
|
|
|
|
RESERVE OF PROPERTY :
In the event of non-payment, the law of 12th May, 1980,
concerning the clause of reserve of property, will be
applicated.
The sale being effected under suspensive condition, the
equipment sold remains our property as long as it has
not been completely paid.
If payment is not effected at one of the expiry dates,
in case of protest due to non-payment, the sum due becomes
immediately payable, this as of right and without formal
demand. The non-payment, at the expiry date at the latest,
automatically involves a surcharge of 2 % of the invoice
amount, as a penalty clause, and with a surcharge of 2
% of the invoice amount, as a penalty clause and with
a minimum of 30 € , as well as penal interests equal
to those calculated by the Banque de France. The acceptance
of drafts or granting does not involve a novation or dispensation
to the present conditions. Any non-payment at the expiry
date authorizes us to cancel the transaction by means
of a simple registered letter and to take back the equipment
or piece immediately.
|
|
|
|
CONSIGNMENT :
The equipment entrusted in consignment for test or demonstration run must be insured ; they remain our absolute property and must be given back on our first request. They never can be integrated in the assets of a company. Any damaging of the equipment must be borne by the customer.
|
|
|
|
JURISDICTION :
By express agreement, any contestation regarding the order
execution is to be treated by the only Law Court competent,
i.e. the Law Court on which depends the registered office
of JIGE INTERNATIONAL, seller. This attributive jurisdiction
clause is applicated even in the event of an interim proceeding,
of incident request, or in case of plurality of defendants,
if made according to the civil or commercial contract
or if it is based on an almost offense : the terms of
payment, the disposals, payment acceptance as well as
the place of delivery can bring about neither novation
nor dispensation.
With the present document, I disengage the company JIGE
INTERNATIONAL. of any responsability regarding accidents,
fines etc. and I declare to take on my charge, from this
day on, any penal, civil and financial responsability
which might result from the use of the vehicle in question,
and to renounce from the disposals of article 19 of the
Law dated 19th July, 1930 concerning the insurance in
case of accidents. In the event of non-payment, the Law
dated 12th May, 1980, concerning the clause of reserve
of property, will be applicated.
Good to take delivery of the material in perfect condition
and to our general terms as stipulated on the order form.
 |
|
|
|
|
|
|
