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 subject exclusively 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) defined by the documentation provided to our customers, which are however subject to change without notice, particularly in view 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. The absence of any complaint within eight days of dispatch of the acknowledgement of receipt constitutes express and unreserved acceptance of the general and special 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 materials or services indicated on our offers are given as an indication only and may be modified according to our workload, supply constraints or modifications to accepted orders.
After delivery, goods or services recognized as conforming to the acknowledgement of receipt will not be taken back or modified. Equipment delivery times are “ex works”.
Our prices include individual standard packaging for each unit. Special or grouped packaging is charged extra and is never taken back.
Any cancellation by the customer of an on-site intervention less than 8 days before the date previously accepted by the customer, or any on-site intervention that cannot be carried out or completed due to failure to meet the contractual prerequisites, the indispensable presence of a technical correspondent, 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.
When a quotation and/or order confirmation is issued to the customer, the terms and conditions are specified. Once validated and signed by authorized personnel, metrological documents are sent or made available in PDF format.
These documents are archived by JRI for a period of 3 years on dedicated, protected and secure servers, guaranteeing their availability 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.
- Orders under €350 excluding VAT (excluding postage and packing) must be paid for by cheque or bank transfer at the time of order.
- A new customer’s first order must be paid for by cheque or bank transfer at the time 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 give rise ipso jure to the payment of a fixed indemnity for collection 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 collection of any sums due. Advance payments are not eligible for any discount or rebate. Any delay in payment of an invoice automatically results 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 fees will result in immediate suspension of all services due under the service contract concerned.
VI – WARRANTY – LIABILITY
Our equipment is guaranteed for one year, parts and labor, against any manufacturing defect, operating fault or abnormal wear and tear. This warranty does not cover, in particular, the consequences of accidents, abnormal use, abnormal storage conditions, negligence in the use of hardware or software, or modifications to 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 software versions 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 found to be defective and to 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 minimize damage in the event of malfunction of the Products or communications systems.
Under no circumstances may the financial consequences of invoking the warranty exceed the price of the defective equipment or, if the customer benefits from 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 warranty or a service contract, such requests will be subject to a flat-rate quotation.
Appliances for which a quotation has not been accepted will be returned, at the owner’s request, only 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 return request within 12 months of receipt will be destroyed without notice. Accepted quotations followed by repairs are free of charge.
Warranty on repairs
When an item has been repaired by our Return Service, the warranty applies only to the parts replaced and to the additional labor. The repair invoice must be produced in support of any claim under this warranty.
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, JRI is responsible for the management of WEEE.
IX – TRANSPORT – INSURANCE
Our prices are quoted in Euros and are ex works. Consequently, goods travel at the consignee’s risk.
V.A.T., 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 n°80.335 of May 12, 1980, the Products sold remain the property of JRI until full payment has been received. 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 the present retention of title clause.
XI – INTELLECTUAL PROPERTY
All software delivered by JRI, including all related 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 is not entitled to make any copies of the software or documentation without the written authorization of JRI. Any failure to respect JRI’s intellectual property rights will result in legal action.
XII – JURISDICTION
Subject to express and specific provisions in our acknowledgements of receipt, the present 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
Personal information that may be communicated by our customers as part 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 January 6, 1978 as well as the European regulation 2016/679 applicable as of May 25, 2018.
Thus, 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 that are unique to him or her, 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 authorizations concerning the Personal Data 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 in the collection of this Personal Data from its users to comply with the regulations in force in its capacity as data controller and in particular the provisions of the amended Act of January 6, 1978 relating to data processing, files and freedoms and the 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 personnel 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 organizational measures, as far as possible, in fulfilling its obligation to respond to requests made by users to exercise their rights.
- Depending on the customer’s choice, as expressed in writing within eight (8) days, delete all Personal Data or return them to the customer at the end of the contractual relationship, and destroy existing copies.
- To provide the customer with 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 aforementioned European Regulation as of its application on May 25, 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 customer under the conditions and within the deadlines required by future regulations, i.e. within 72 hours of the incident, and to provide the customer 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 into account the nature, scope, context and purposes of the processing, as well as the risk it poses to the rights and freedoms of natural persons.