Terms and Conditions of Sale and Services JD PRODUCTION Riviéra Golf Madison 1 / 63, Avenue de louisiane 06210 MANDELIEU
Catalogues, product lists and prospectuses are not contractual and may be modified. Barring an explicit agreement of the parties, these terms and conditions are applicable only to the relations between the parties. Any placing of orders entails the buyer’s full and unqualified adherence to the terms and conditions of sale.
JD Production reserves the right to claim full payment for the order, except in the case of prior agreement and approval by JD Production. If the customer cancels an order, the customer owes an indemnity of twenty-five percent (25%) of the order’s price. If necessary, this indemnity is supplemented in order to meet the amount of costs already incurred or increased by a shortfall by JD Production.
The invoiced price is JD Production’s price excluding taxes on the day of the order (increased by the recoverable VAT for French businesses). If the sale was preceded by an estimate, the validity of the quoted price is limited to one month as of the preparation of the estimate.
Shipping charges shall be re-invoiced in accordance with the agreements made by the parties.
Except in the case of prior agreement and approval by JD Production, payment shall be made in cash: by check or money transfer, or in specie.
Any failure to pay by the agreed-on deadlines results in legally authorized late penalties in an amount equal to that which results from the application to all the sums remaining due at two (2) times the legal interest rate.
4- TERMS OF SALE
Statements reported by JD Production on the occurrence of a restoration or accident affecting the object are offered in order to facilitate assessment by the potential buyer, and they remain subject to the buyer’s personal assessment. Lack of a statement in the object’s description about a restoration or accident does not imply that a good is free from any present, past or repaired defect. Inversely, the indication of a defect does not imply the absence of all other defects.
Dimensions are given only for information purposes.
Visits to the warehouse by appointment are, of course, facilitated in the absence of additional information. In order to become acquainted with the condition of the objects for sale, the buyer may request photographs other than the ones presented.
Removal of the goods may be carried out at the warehouse either by the buyer himself or through a carrier. Once the object is sent or removed, no claims shall be accepted.
5- WORKING CONDITION
For the most part, our items are reexamined, but in no case can we provide a warranty. The items are sold as decorative articles and their working condition offers only a “bonus” to the object’s sale. It is understood that as all these items are old, they cannot respect the safety standards that are currently in force.
As these items are purely decorative objects sold as is, JD PRODUCTION declines all responsibility in case of accident.
Of course, JD PRODUCTION is at the service of potential buyers to provide them with reports on the condition of the goods for sale.
As a convenience, JD Production is likely to suggest transportation or shipping solutions to the buyer. Transportation expenses remain the exclusive obligation of the buyer and are his responsibility.
Sold products always travel at the customer’s risks as of pickup by the carrier. The terms of delivery or fulfillment are given as information and without obligation. They are in effect as of receipt of the order from the customer. Delivery or fulfillment delays may not justify the cancelation of the order; damages related to this reason are excluded in all cases. If the products remain on the storage premises imputable to the customer, JD Production may, without prior notice, claim reimbursement for storage costs, and this reimbursement shall not modify the terms of transfer of ownership otherwise defined. Partial deliveries are permissible and are made as and when possible.
The customer is obligated to verify the compliance and good condition of the products when they are received or made available. The customer must express any reservations and make any potential claims against the transportation in case of damage, total or partial loss, or shortfall within 48 hours. The customer alone bears the consequences of an absence of a claim, lapse in statute of limitations or any negligence in this respect. Claims for noncompliant quantity, products or services due to JD Production are valid only if they are expressed in specific terms and in writing to JD Production within a week of the goods’ being delivered or made available. After this time, any action for noncompliance is lapsed.
7- FORCE MAJEURE
In case of force majeure or an event beyond its control; in case of an event preventing, delaying or interfering with transportation; or in case of a supply disruption, JD Production’s obligations are suspended and the deadlines postponed to the extent of the duration of the case of force majeure or aforementioned events. This suspension does not entitle the buyer to damages.
8- PENALTY CLAUSE
In case a defaulting on the part of the customer obligates JD Production to entrust a litigation department with the recovery of the sums owed, these sums shall be increased by a fixed indemnity of 12% of their amount with all taxes included. This increase is implemented by means of the penalty clause pursuant to articles 1225 and 1152 of the Civil Code.
9- RESERVATION OF TITLE
All goods and products delivered remain the property of JD Production until they are paid for in full; this is the sole action that effects the transfer of ownership. Bills of exchange are considered as payments only as of their actual collection. In case of refusal of payment, JD Production reserves the right to terminate the sale and request restitution of the delivered goods 48 hours after an unsuccessful notice.
10- DISPUTE AND JURISDICTION
In case of a dispute of any type, upon disputes concerning the establishment or execution of the order, regardless of the delivery location or payment method, and even in case of a claim for contribution from a third party or a plurality of defendants, the Commercial Court of Grasse (06) shall be the sole jurisdiction, unless the seller prefers to refer a case to any other competent jurisdiction.