General terms & conditions
ARTICLE 1 - APPLICABILITY
ARTICLE 2 - OFFERS AND AGREEMENTS
2.1 No rights may be derived from offers made by JMT. The offers shall be with-out any obligations, unless expressly mentioned otherwise.
2.2 The opposite party shall only be bound by the agreement if and insofar as a written order confirmation was sent by it, or as soon as JMT has commenced performance of the agreement.
ARTICLE 3 - DELIVERY
3.1 The term of delivery stated by JMT shall commence on the last of the following points in time, by means of an order confirmation the day of the formation of the agreement; the day of the receipt of the necessary data, documents etc. that are necessary for the performance of the agreement; the day on which any stipulated advance payment, as defined in the order confirmation, is received;
3.2 The delivery dates shall only be indicative and are never to be considered as dates to be observed on penalty of for feiture of rights, unless agreed upon otherwise in writing.
3.3 In the event of “force majeure” and other circumstances of such a nature that (timely) performance cannot reasonably be asked of JMT, the term of delivery shall be extended by a period of time that is equal to the duration of these circumstances.
3.4 Force majeure shall be taken to mean in these general terms and conditions strike, illness of personnel, government measures, civil wars, natural disasters, unforeseen traffic situations, and delay in the deliveries by suppliers.
3.5 JMT shall be authorized to have the delivery take place in parts.
3.6 The opposite party shall be obliged to take delivery of the items rented, or the items bought, at the time when these are delivered to it, or when these are made available to it in accordance with the agreement.
3.7 In the event that the items delivered deviate from the models displayed in the documentation on minor points the opposite party shall not be released from the obligation to rent or purchase.
3.8 The items that are rented or purchased shall be considered to have been delivered to the opposite party in good condition, or at least suitable for the purpose for which the items are rented or purchased, unless it was discovered to be otherwise in writing upon the delivery, including a description of the defects.
3.9 The opposite party is to guarantee that the agreed location for delivery or collection of return consignments is easy to access, free of obstacles, dry and clean. If the delivery or the collection of return consignments is delayed or is made impossible because the opposite party remains in default in the matter, the additional costs caused by this are to be indemnified by it.
ARTICLE 4 - RENT, PURCHASE PRICE
4.1 Unless expressly mentioned otherwise all prices are in Euros or Dutch guilders and exclusive of VAT and any other levies imposed by the government.
4.2 In the event of any alteration of the agreement or additional work within the framework of the agreement JMT shall be authorized to charge all costs resulting from that to the opposite party. The opposite party shall pay these costs, provided that they are compiled within reason.
4.3 Unless agreed upon otherwise in writing the transportation and delivery of the items to the agreed location in the
Netherlands shall be at the expense of JMT and delivery and transportation outside the Netherlands shall be at the expense of the opposite party.
4.4 JMT shall be authorized the bring in third parties for the performance of the order, whereby the costs shall be passed on to the opposite party in conformity with the quotation issued.
4.5 Costs that are charged by Bourses/Ex-position Centers and so forth for transportation and other services on its grounds shall be borne by the opposite party and shall be charged to it by JMT without any prior consultation.
ARTICLE 5 - PAYMENTS
5.1 All invoices shall be paid by the opposite party in accordance with the payment conditions mentioned on the invoice. In the absence of such conditions payment is to take place within 30 days.
5.2 In the event of failure to pay within the fixed term the opposite party shall be in default and – without any notice of de-fault being required – it shall be obliged to pay interest of 1% per month, whereby part of a month shall be calculated as a whole month. If, however, the legal interest is higher than 1% per month then the opposite party shall owe this higher legal interest.
5.3 JMT shall at all times be authorized to ask the opposite party for sufficient security in its view for the fulfilment of its payment obligations and to postpone the performance of its own obligations until that time. If the opposite party refuses to grant the security asked for,
JMT shall be authorized to regard the agreement as dissolved, without prejudice to JMT’s right to compensation for any loss or damage sustained, including loss of profits.
5.4 If the opposite party exceeds the term of payment the opposite party shall owe 15% of extrajudicial collection costs, without any notice of default being required.
5.5 The payments made by the opposite party shall first serve to pay the interest owed and the extrajudicial costs, even if the opposite party states a different purpose when paying.
ARTICLE 6 - RETENTION OF TITLE
6.1 Items rented by JMT shall of course remain its property. Furthermore, items which have been transferred by JMT by means of a contract of sale shall remain its property for as long as the opposite party has not complied with all that which JMT may claim from the opposite party in connection with the present agreement and, insofar as the law permits this, in connection with other agreements, including interest and costs.
6.2 JMT shall at all times be authorized to invoke retention of title and to take pos-session of its property if the opposite party fails to pay in time, or remains in default of fulfilling its obligations otherwise.
6.3 As long as the retention of title applies to the items, the opposite party shall not be authorized to alienate, raise money on, release, or create a pledge in respect of the items. The opposite party shall therefore not be authorized to grant any security to third parties in respect of leased items, or purchased items, of which the full purchase price, and any interest and extrajudicial costs, have not been paid yet.
ARTICLE 7 - OPPOSITE PARTY’S LIABILITY
7.1 After delivery, the rented items shall be for the account and risk of the opposite party until the moment when these are actually in JMT’s possession again.
7.2 During this period the opposite party shall be liable for theft, loss, or damage to the leased items.
7.3 Any damage to the leased items because of loss, theft, or damage caused, shall be compensated by the opposite party at replacement value. The opposite party is to take out sufficient insurance at its own expense to cover this risk.
7.4 The opposite party shall hold JMT harmless against all liability for loss or damage caused by the use of the leased items during the rent term.
7.5 The leased items may only and exclusively be used for the purpose for which they were designated when concluding the rent. In the event of any other use
JMT shall have the right to terminate the agreement with the opposite party immediately, without any prior notice of default, and to take the items back.
7.6 Liability according to the meaning of this article shall not release the opposite party from its obligation to pay the agreed rent.
ARTICLE 8 - COMPLAINTS AND GUARANTEE
8.1 JMT delivers good commercial quality. Without prejudice to the limitations mentioned in these terms and conditions JMT guarantees the reliability of the items delivered by JMT, provided that all instructions regarding the use of the items have been strictly observed and followed.
8.2 The opposite party may not invoke failure in the performance if it has not protested to JMT in writing about the matter within 8 days of it having discovered the failure or it should reasonably have discovered it.
8.3 If the item(s) delivered do not reflect the agreement, JMT’s offers the opposite party a choice to repair, exchange or deliver the item to fulfil its agreement. The delivery is supposed to be correct if volume differences are within a 5 % deviation (+ or -) of the agreed volume.
8.4 In case of a defect occurring during the rental period, JMT will try to solve the occurred defect. The effort will nevertheless be judged upon reasonability and cost incurred and the fact if the defect has occurred through no fault of the opposite party.
8.5 Return consignments for the purpose of replacement or repairs to the rented items shall take place at the expense and risk of JMT and always after first having obtained permission from JMT.
8.6 Complaints about invoices are to have been submitted in writing within 8 days of receipt of the invoice.
8.7 If the opposite party has failed to put in a complaint within the term stated above and/or it has not given JMT a chance to repair the defects, the right of revindication shall lapse.
ARTICLE 9 - JMT’S LIABILITY
9.1 JMT’s liability shall be expressly limited to fulfilment of the obligations de-fined in article 8; it shall only be liable for loss or damage if the loss or damage has occurred as a result of any intentional act or omission or equivalent gross negligence by JMT or its subordinates.
9.2 JMT shall not be liable for any loss or damage occurred to items which were left behind by the opposite party in cupboards, showcases, desks and in other leased items.
9.3 If on the basis of any legal provision the liability to pay compensation lies solely with JMT, then this liability shall be limited, insofar as it is covered by its liability insurance, to the amount of the payment made by the insurer.
9.4 In the event that it has been established that JMT is liable for loss or damage which is not covered by the insurance then the loss or damage shall be limited to a maximum of twice the amount that is payable by the opposite party to JMT within the framework of the agreement.
9.5 JMT shall never be liable for consequential losses sustained by the opposite party or any third parties.
9.6 The exclusion of liability referred to in this article shall also extend to the benefit of third parties brought in by JMT for the performance of the agreement.
9.7 JMT shall never be liable if the failure to perform is the result of force majeure.
ARTICLE 10 - CANCELLATION AND DISSOLUTION
10.1 The opposite party shall be authorized to cancel a lease order if this is communicated in writing no less than 3 working days prior to the start of the lease term and provided that the leased items have not already been delivered to the agreed location. In the event of such a cancellation.
10.2 If the opposite party cancelled the lease order no less than three working days prior to the start of the lease term, but the leased items have already been delivered, the opposite party shall owe 50% of the total rent to JMT, without prejudice to JMT’s right to claim compensation for the actual loss and further costs.
10.3 Without prejudice to the stipulations above in these terms and conditions the agreement shall be cancelled without judicial intervention by means of a written statement at the time when the opposite party is declared bankrupt/put into involuntarily liquidation, submits a petition for provisional suspension of payment(s) or loses its freedom to dispose of its capital or parts of it due to attachment, placement under tutelage, or application of the debt rescheduling Act for natural persons or otherwise, unless the curator or administrator recognizes the obligations resulting from this agreement as estate debt.
10.4 As a result of the dissolution all claims existing reciprocally shall immediately become due and payable. The opposite party shall be liable for any loss consequently sustained by JMT, consisting, among other things, of loss of profits and transportation costs.
ARTICLE 11 - EXPIRY
11.1 The rent shall expire upon the lapse of the rent term. The opposite party shall be obliged to return the items in a sound manner at the location of delivery, following notification of the time of the return.
11.2 Rented items are to be in JMT’s possession again within 24 hours of the expiry of the lease term.
11.3 If the items cannot be taken into pos-session by JMT after the expiry of the lease period, the opposite party shall be obliged to return the items by (post) carriage paid.
ARTICLE 12 - DISPUTES AND APPLICABLE LAW
12.1 All agreements to which these terms and conditions have been declared applicable shall be subject to Dutch law.
12.2 Any dispute between JMT and the opposite party which results from an agreement to which these terms and conditions apply shall be submitted to the competent court of JMT’s domicile irrespective of its competence to choose the competent court pursuant to the law.
ARTICLE 13 - RESERVE
13.1 Model-, size-, and colour variations are possible, they can never lead to claims. Small color variations that may occur due to printing techniques, we tried to match them as well as possible, however we are not liable for color variations.
13.2 Although we have been extremely careful in preparing the pricelist we reserve the right to alter prices if there might be a mistake.