These terms and conditions comply with the recommendations of the Fédérations des Industries Électriques et Électroniques and the Fédérations des Industries Mécaniques.
All orders placed with JRI and all resulting sales (excluding exports which are governed by specific conditions) are exclusively subject to the present conditions. Our customers’ general terms and conditions of purchase do not apply.
I – PRODUCTS
They apply to sales of our Products (hardware, software, services) as defined in the documentation provided to our customers. However, they are subject to change without notice, particularly in the light of technical progress and changes in regulations.
II – OPTION PERIOD
Our offers are given with an option period of 30 days. In the absence of confirmation by the beneficiary of the offer within this period, we reserve the right to make any changes.
III – ORDERS – ACKNOWLEDGEMENT OF RECEIPT
All orders or acceptances of our offers by our customers are subject to an acknowledgement of receipt. If no complaint is received within eight days of the acknowledgement of receipt being sent, this shall constitute express and unreserved acceptance of the general and special terms and conditions of the order.
Any cancellation of an order after this deadline will give rise to the payment of penalties representing 70% of the price excluding VAT of the order concerned.
IV – DELIVERY OF PRODUCTS AND SERVICES – PACKAGING
The delivery times for equipment or services indicated in our quotations are given for information only and may be modified according to our workload, supply constraints or changes to accepted orders.
After delivery, goods or services recognised as conforming to the acknowledgement of receipt will not be taken back or modified. Equipment delivery times are “ex works”.
Our prices include standard individual packaging for each appliance. Special or grouped packaging will be charged extra and will not be taken back.
Any cancellation by the customer of an on-site intervention less than 8 days before the date previously agreed by the customer, or any on-site intervention that cannot be carried out or completed because the contractual prerequisites have not been met, because the presence of a technical correspondent is indispensable, or for any reason attributable to the customer, will give rise to the invoicing of a fixed indemnity of €500 excluding VAT.
Metrological documents
The metrological documents are sent to the customer by e-mail as an attachment or made available on the software or made available for 1 month on a secure server (via a unique link for downloading the compressed file containing all the documents inserted in the e-mail) unless expressly agreed otherwise in writing.
The terms and conditions are specified when a quotation and/or order confirmation is issued to the customer. The metrological documents are sent or made available in PDF format, once they have been validated and signed by the authorised persons.
These documents are archived by JRI for a period of 3 years on dedicated, protected and secure servers, guaranteeing that they will be available to the customer during this period.
V – TERMS OF PAYMENT
Unless expressly agreed otherwise, prices are fixed for payment of our invoices within a maximum of 30 days net.
- All orders under €350 excluding VAT (excluding postage and packing) must be paid for by cheque or bank transfer when the order is placed.
- A new customer’s first order must be paid for by cheque or bank transfer when the order is placed.
- Drafts must be returned to us within 20 days of dispatch.
In accordance with the legal provisions in force, any delay in payment in relation to the contractual terms of payment appearing in our acknowledgement of receipt will automatically give rise to the payment of a fixed indemnity for recovery costs of €40 as well as a late payment penalty at least equal to the rate applied by the European Central Bank to its most recent refinancing operation, increased by 7 percentage points, without any prior formality.
In addition, the customer shall bear all costs incurred in the recovery of any sums due. Early payments are not eligible for any discount or rebate. Any delay in payment of an invoice will automatically result in the interruption of services and deliveries.
Service contract fees
Whatever the terms of payment granted to our customers, the fees for our service contracts are invoiced at the beginning of each period of validity of the said contract and are payable in advance on receipt of invoice. Any delay in payment of the fee will result in the immediate suspension of all services due under the service contract concerned.
VI – GUARANTEE – LIABILITY
Our equipment is guaranteed for one year, parts and labour, against any manufacturing defect, operating fault or abnormal wear and tear. This guarantee does not cover, in particular, the consequences of accidents, abnormal use, abnormal storage conditions, negligence in the use of the hardware or software, or modifications to the hardware or software not carried out by the company.
Our services are guaranteed for one month. Beyond this period, we recommend that you take out a maintenance contract. New versions of software are only supplied free of charge if a service contract has been signed.
Warranty conditions
The warranty given to the equipment extends only to the replacement of parts recognised as defective and the repair of the equipment in question, carriage paid to our workshops, to the exclusion of all damages, interest or accessory costs.
The warranty period begins on the invoice date of the Product concerned. The purchase invoice must be produced in support of any warranty claim. Repairs or interventions under warranty do not in any way extend the warranty period granted at the time of sale.
Limitation of liability
However, due in particular to the complexity of the electronic and computer techniques used, JRI does not guarantee that its Products and the communication systems used will function without the interruptions or malfunctions that may occur with this type of product, even under normal conditions of use. JRI is only bound by an obligation of means.
It is the responsibility of the Customer, who acknowledges having been informed of the risk of breakdown, to take all necessary precautions to minimise damage in the event of malfunction of the Products or communications systems.
Under no circumstances may the financial consequences of invoking the guarantee exceed the price of the defective equipment or, if the customer has a service contract, the fee for this contract for a period of 3 months. No direct or indirect loss may be claimed beyond this limit.
However, JRI makes every effort, in accordance with good practice, to ensure the proper functioning and continuity of the services provided by its Products.
VII – EQUIPMENT REPAIRS
Unless equipment repair requests can be taken into account under the terms of the warranty or a service contract, these requests will be subject to a flat-rate quotation.
Appliances for which a quotation has not been accepted will only be returned, at the owner’s request, after full payment of the cost of drawing up the quotation and the cost of postage and packaging for the return of the appliance.
Any appliance received by us which has not been the subject of a duly paid request for return within 12 months of receipt will be destroyed without notice. Accepted quotations followed by a repair are free of charge.
Warranty on repairs
When an item of equipment has been repaired as part of our Returns Service, the guarantee only applies to the parts replaced and the labour involved. The repair invoice must be produced in support of any request to invoke this guarantee.
The urgent exchange of equipment prior to the return of defective equipment and access to our technical hotline are reserved for users of our Products who are up to date with their payments and have signed a service contract.
VIII – WASTE
In accordance with the provisions of the WEEE Directive and its implementing decrees, the management of WEEE is the responsibility of JRI.
IX – TRANSPORT – INSURANCE
Our prices are quoted in Euros and are ex works. Consequently, goods travel at the consignee’s risk.
VAT, taxes, other duties and transport and travel costs are extra. Unless expressly requested by the customer, shipment is made by a carrier of our choice in the best interests of our customers.
X – RETENTION OF TITLE
In application of law no. 80.335 of 12 May 1980, the Products sold remain the property of JRI until they have been paid for in full. This provision does not prevent the transfer to the customer, upon delivery, of the risks of loss and deterioration of the Products as well as any damage they may cause.
In the event of litigation or dispute, no compensation may call into question this retention of title clause.
XI – INTELLECTUAL PROPERTY
All the software delivered by JRI, including the accompanying documentation, is and remains the exclusive property of JRI for an unlimited period of time.
The customer is required to designate the software as the property of JRI and does not have the right to make any copy of the software or documentation without the written authorization of JRI. Any failure to respect JRI’s intellectual property rights will result in legal proceedings.
XII – JURISDICTION
Subject to express and specific provisions in our acknowledgements of receipt, these general terms and conditions apply to all our sales. In the event of a dispute, the courts of Pontoise shall have jurisdiction.
XIII – PROCESSING OF PERSONAL DATA
The personal information that may be communicated by our customers in the context of the purchase of one of our Products is intended for the processing of this purchase, in compliance with the provisions of the law of 6 January 1978 as well as the European regulation 2016/679 applicable from 25 May 2018.
Accordingly, JRI and each customer (the “Parties”) undertake to process all personal data (any information relating to an identified or identifiable natural person, directly or indirectly, in particular by reference to an identifier, such as a name, a number or one or more specific elements specific to that person, the “Personal Data”) of which they are aware in accordance with the regulations on the processing of personal data and the protection of privacy in force in Europe.
The Parties undertake to carry out, under their own responsibility, all procedures, formalities, declarations and/or to obtain authorisations concerning the Personal Data that they process or of which they may become aware in the context of their exchanges.
Obligations of our customers
The customer is responsible for the processing of Personal Data that it transmits to JRI, which, acting on the customer’s instructions, qualifies as a subcontractor within the meaning of the regulations.
The customer takes all necessary precautions when collecting Personal Data from its users in order to comply with the regulations in force in its capacity as data controller, and in particular the provisions of the amended Act of 6 January 1978 on Data Processing, Data Files and Individual Liberties and European Regulation 2016/679.
The customer undertakes to obtain the consent of its employees to the communication of their Personal Data, in a clear, transparent and unequivocal manner, and in particular to the transfer of data to JRI.
JRI obligations
JRI undertakes for its staff and any subcontractors:
- To process Personal Data within the strict and necessary framework of its contractual obligations
- To take account of the nature of the processing and to assist the Customer, by means of appropriate technical and organisational measures, as far as possible, in fulfilling its obligation to respond to requests from users to exercise their rights.
- According to the customer’s choice, as expressed in writing within a period of eight (8) days, to delete all Personal Data or return them to the customer at the end of the contractual relationship, and destroy existing copies.
- To make available to the customer the documentation necessary to demonstrate compliance with the obligations set out in this article
- To keep a register of processing operations in accordance with the above-mentioned European Regulation as from its application on 25 May 2018
- To take all appropriate security measures to ensure the confidentiality, conservation and integrity of Personal Data processed in accordance with Directive 95/46/EC.
The Customer may, at any time, formulate on behalf of a user, a request for access, rectification, limitation or deletion of Personal Data communicated to JRI.
JRI undertakes to notify security breaches to the supervisory authority and to the client under the conditions and within the deadlines required by future regulations, i.e. within 72 hours of the incident, and to provide the client with the name and contact details of its data protection representative if it has appointed one.
JRI undertakes to be prepared to demonstrate the compliance of processing activities with the forthcoming European Regulation, including the effectiveness of measures. These measures shall take account of the nature, scope, context and purposes of the processing and the risk it presents to the rights and freedoms of natural persons.