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The present general terms of sale govern all sales of products featured in
Jeulin’s catalogues or on its Internet site. The act of placing an order
therefore implies full acceptance without reservation by the purchaser of these
general terms of sale to the exclusion of any other provision. Any condition
to the contrary introduced by the purchaser will therefore not be binding on
Jeulin, failing express acceptance. Failure by Jeulin to enforce any one of the
present general terms of sale at a given time cannot be interpreted as a
waiver to enforce any one of the said terms later. Moreover, Jeulin reserves
the right to refuse any order from a client with whom there is litigation with
respect to the payment of a prior order.
TARIFF 1) Price All Jeulin prices are in Euro and correspond to departure from Evreux – 27000 France. They may vary in the course
of the year, on the understanding that the products ordered will be invoiced at
the price in force on the day the order is
registered. VAT is invoiced, if applicable, at the legal rate in
force.
2) Forwarding charges Payment corresponding to 15% of the price excluding tax is
requested to cover the administrative costs of processing the order and sending
FOB. The costs of packing, assembly if required and tropicalisation will also be
invoiced in addition. 3) Minimum
order
Orders must be for a minimum of three
hundred (300) Euros excluding tax if they are to be taken into account. Orders
for a lower amount will be kept pending further orders, until the minimum amount
is reached.
4) Reservation of
title
Jeulin reserves title to the delivered
goods until full payment of all mounts due to it by the purchaser in relation to
the delivery of those goods. The purchaser’s signature
on the order form or delivery slip for the goods in itself implies acceptance of
the present reservation of title clause without further formality. 5) Specific products
The export of chemical products and substances contained in
the list of dangerous substances is subject to specific regulations on
procurement, possession, use, packaging and transport. Order processing
systematically involves drafting a pro forma invoice,
containing, inter alia, transport costs.
INTERNET ORDERS For orders made by Internet, an order validation in the
form of a detailed receipt is sent to the email address indicated by the
purchaser. This receipt constitutes proof of the order and its date.
AVAILABLITY Jeulin
undertakes to satisfy orders received within the limit of available stock and
where there is no default
of one of its suppliers. Where
a product is unavailable after the purchaser has placed his order, Jeulin
undertakes to inform the purchaser as soon as possible and provide an estimate
of the time it will take to receive the product. If the purchaser wishes, his
order may be cancelled.
DELIVERY 1) Transport Transport
will be carried out according to the Incoterm selected at the time of the order.
We draw your attention to the fact that the FCA Incoterm implies that the
forwarding agent is based in mainland France. 2) Delivery In order to comply with customs laws,
Jeulin reserves the right to modify, without notice, the quantities or packaging
of certain products. In no event will Jeulin be held liable for the consequences
of product quota systems set up in certain countries.
3) Terms of Delivery The terms of delivery indicated are average terms
for indicative purposes and correspond to the time taken for processing the
order and delivery. In the case of goods that can only
be delivered on different dates due to their availability, the term of delivery
is based on the longest indicative time. However, Jeulin reserves
the option, on agreement with the purchaser, to split deliveries. In
this case, the contribution to transport costs will only be invoiced
once.
RECEIPT The recipient is requested to verify the state of
the outside of the parcel upon receipt, in the presence of the
transporter. Hand-written and signed reservations referring to the
anomaly issued on the delivery slip must be made where any anomaly is observed
at the time of delivery (damaged or missing parcel, breakage, damage
etc.) and this must be confirmed by registered letter to the
transporter within 72 hours of delivery. A copy of this letter must also be sent to
Jeulin within the same time period. Transport must be
insured for all risks, except for instructions to the contrary (notably the
exclusion of war risks). The recipient will be in charge of making the usual
reservations within 48 hours to the transporter. Under the general terms of the
transport insurance policies, the goods only remain
insured for a maximum period of 15 days after notification of receipt sent to
the
recipient by the transporter. The purchaser is in
charge of all customs clearance procedures during this period. After that, the
goods are no longer insured and no reimbursement will be possible, notably in
the case of breakage, missing goods or damage.
PAYMENT Our
invoices are payable by one of the following methods: – postal or bank transfer, – postal or bank cheque to be
mailed to Jeulin.
The terms of payment mentioned on
the quotes and pro forma invoices issued by Jeulin are fully
applicable. Amounts which have been invoiced but not paid when due will
automatically bear interest at a rate equal to one and a half times the legal
interest rate.
GUARANTEES All delivered products are contractually
guaranteed, as from the date they are sent, against any manufacturing defects
under normal conditions of use. Jeulin will only be
liable for the replacement of faulty parts, repair and transport costs back to your premises. Unless specified to the contrary, in
Jeulin’s catalogues or documents, the contractual guarantee is for a term of two
years, except for magnetic media (such as video cassettes and
CD-ROMs) and certain equipment (notably electronic, in particular
home computers) for which the guarantee may be for a shorter term. This
guarantee does not cover: – living or preserved biological material, – the
replacement of consumable items (batteries, bulbs, fuses etc.) – the replacement of glass items (such as lamps, tubes etc.), – the replacement of parts worn down through normal wear and tear, – abnormal or non-compliant use of
the products and – defects and their consequences that
are related to any external cause. In any event, the
present guarantee will not prevent the application of the statutory guarantee
provided under article 1641 of the French Civil Code relating to hidden
defects.
LIABILITY Jeulin products, materials, equipment and
facilities have been designed for pedagogical purposes and are to be used by
young students who are often inexperienced. The products
proposed in Jeulin’s catalogues or on its Internet site comply with French law
in force at the date they are sent. They must be used in accordance with any
notices and instructions for use which may be supplied
with these products.
Jeulin will not be liable where
one of the products supplied has been modified without its prior agreement or in
the case of use that is abnormal or not in accordance with the instructions set
out in the notices and instructions for use which may be supplied with these
products. Photographs, text, graphics, information and
characteristics reproduced in Jeulin’s catalogues and on its Internet site
illustrating the products are not contractually binding. Consequently, Jeulin will not be liable for any error or
omission in one of these photographs, texts, graphics, information or
characteristics of the
products. Jeulin will not be
liable for the consequences of delay in
delivery. Jeulin
will not be liable for any indirect loss due to the present document, operating
losses, loss of profit, loss of opportunity, harm or costs which could arise due
to the purchase of the
products. Total or partial
impossibility to use the products due to incompatibility of the equipment will
notably not be able to give rise to any compensation, reimbursement or to
Jeulin’s liability.
RESPONSIBILITY FOR THE PROCESSING OF WASTE
ELECTRICAL AND ELECTRONIC EQUIPMENT In accordance with France's
implementation of Directive 2002/96/EC of the European Parliament and of the
Council dated 27th January 2003 with regard to waste electrical and electronic
equipment (WEEE) transposed into French law: unless otherwise provided, the end
user of electrical or electronic equipment marketed by JEULIN should ensure and
finance the removal and processing of resulting waste products. The
processing of waste resulting from electrical or electronic equipment should be
carried out at the end user's expense or any person appointed by him/her within
facilities that meet the requirements provided for by articles 21 and 22 of
decree n°2005-829 of 20th July 2005, in accordance with the clauses that come
under title I of Book V of the Environmental Code. INTELLECTUAL
PROPERTY
All the elements, brands, designs,
logos, graphics etc. featuring on the products mentioned in Jeulin’s catalogues
or on its Internet site are the exclusive property of Jeulin or of its suppliers and cannot be
taken over in any event. The content of certain
products may be subject to copyright. All use of such products or their
content in breach with intellectual property rights law shall be liable to
disciplinary action for infringement. SATISFIED OR REIMBURSED If one of the products ordered fails to meet the
expectations of the purchaser, he can, within 15 days of receipt of the product,
return it to Jeulin, the cost of the return being borne by the purchaser. This product will therefore, at the purchaser’s discretion,
either be exchanged or replaced by a credit note (which may be set off against a future invoice). The present right to return will only
be accepted if the products are complete, in their original state (packaging,
accessories, instructions for use etc.) and with the original of the delivery slip duly filled in on the reverse side
(correspondence slip). This right to return does not apply to living or
preserved biological material or to products that may be reproduced
immediately that are unsealed or taken out of their
cellophane wrapping (software, CDs, DVDs, Videos etc.), as well as products that
are made according to the purchaser’s specifications or highly personalised
(such as bespoke furniture, notably). In the case of
exchange, Jeulin will bear the cost of sending out the new product. The purchaser is advised to contact Jeulin’s export
department before taking any action in order to help him exercise his right to
return in the best possible manner in view of the complexity of customs
formalities. AFTER SALES SERVICE For any information or query, Jeulin’s customer
department may be contacted as follows: Telephone: +33
(0)2.32.29.40.49 – from Mondays to Fridays from 8.30 a.m. to 5.30 p.m.. Fax: +33 (0)2.32.29.43.05 Through Jeulin’s
Internet site: http://www.jeulin.com Postal address: JEULIN SA (Export Department) rue
Jacques Monod – Z.I. N°1 Nètreville – 27019 Evreux Cedex – France
For all technical enquiries, Jeulin’s technical support may
be reached from Mondays to Fridays, from 8.30 a.m. to 5.30 p.m. on +33
(0)2.32.29.40.50. 1 – Products, equipment or
furniture manufactured by Jeulin: Jeulin undertakes to
carry out repairs and/or to supply spare parts (after a quote, as the case may
be) for a term of three years after Jeulin stops marketing those products. After this period, repairs will only be carried out and
spare parts supplied insofar as they can be procured. 2 – Products, equipment or furniture not manufactured by Jeulin: Jeulin can only guarantee repairs and/or the
supply of spare parts insofar as this is possible with respect to its
suppliers.
APPLICABLE LAW AND JURISDICTION
CLAUSE The present
terms are subject to French law. Any dispute between the Parties will come within
the exclusive jurisdiction of the Commercial Court of EVREUX, to which the
Parties expressly grant jurisdiction, notwithstanding any clause to the
contrary, plurality of defendants and/or activation of guarantee, even for
emergency proceedings and interim protective proceedings or by request to the
judge . The domicile or place of payment
on negotiable instruments is neither a novation nor derogation from the present
jurisdiction clause. NOMINATIVE
INFORMATION Jeulin undertakes not to disclose
the personal information it receives to third parties. This information is
confidential and will only be used by Jeulin’s internal departments for
processing orders as well as for making the communication and offer of Jeulin’s
products and services more efficient and personal. Any
person has the right to gain access to, rectify and oppose personal data
concerning him.
MODIFICATION OF THE GENERAL
TERMS OF SALE Jeulin reserves the right to adapt or modify the present
general terms of sale at any time. The new general terms of sale will only be
applied, as the case may be, to sales made after the said
modification.
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