Legal: Terms & Conditions
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General Payment and Delivery Conditions
1. GeneralThese General Terms and Conditions of Sale (these “Terms”) govern the sale and delivery of all products (the “Products”), and all transactions incidental there to, by or on behalf of JEPSON POWER to any of its customers (“Customer”).No other terms or conditions shall be of any force or effect unless otherwise specifically agreed upon by JEPSON POWER in a writing duly executed by JEPSON POWER. Any additional or different terms or conditions contained in Customers order or response to JEPSON POWER’s confirmation shall be deemed objected to by JEPSON POWER and shall not be binding on JEPSON POWER. No general terms and conditions of Customer shall at any time form a part of any agreement between the Customer and JEPSON POWER, even if such terms and conditions are not expressly rejected by JEPSON POWER.These Terms supersede any and all prior oral quotations, communications, agreements or under- standings of the parties in respect of the sale and delivery of the Products and shall supersede any and all other terms and conditions contained in any Order (as defined below) placed by Customer or otherwise communicated by Customer.JEPSON POWER’s failure to object to terms and conditions communicated by Customer shall in no event be construed as an acceptance of any other terms and conditions. Any communication or conduct of Customer which confirms an agreement for the delivery of Products by JEPSON POWER, as well as acceptance in whole or in part by Customer of any delivery of Products from JEPSON POWER, shall be construed as Customer’s acceptance of these Terms.If Customer finds any provision in these Terms not acceptable, Customer must so notify JEPSON POWER immediately and must reject the Products delivered under these Terms. Deviations from these Terms require JEPSON POWER’s prior written approval.
2. Offers, Orders and ConfirmationJEPSON POWER shall sell and deliver to Customer, and Customer shall purchase and accept from JEPSON POWER, the Products described in any order, agreement or quotation, or any combination thereof (an “Order”). All offers made by JEPSON POWER are revocable at any time and subject to change without prior notice to Customer. JEPSON POWER may refuse an Order for any or no reason. Information on the Products, such as specifications, measurements and descriptions, contained in catalogs, advertisements, handouts, solicitation letters, or other materials are not binding on JEPSON POWER, and may be changed by JEPSON POWER at any time without any liability to Customer. No Order is binding upon JEPSON POWER until the earlier to occur of JEPSON POWER‘s acceptance of the Order in writing or the delivery of the Products to the Customer (a “Confirmed Order”). Not-withstanding any prior written confirmation of an Order by JEPSON POWER, JEPSON POWER shall have no obligation to deliver Products to Customer or otherwise perform any of its obligations set forth in a Confirmed Order or herein if Customer is (i) in breach of any of its obligations hereunder or such Confirmed Order, (ii) insolvent or JEPSON POWER has reason to believe that Customer lacks the ability to pay its debts as they become due.Each Confirmed Order shall be considered a separate agreement between the parties to purchase and sell Products, and any failure to deliver Products under any Confirmed Order shall have no consequences for other deliveries.
3. PricesThe price of the Products shall be as published in JEPSON POWER’s current price list in effect at the time of the Order unless otherwise quoted in writing by JEPSON POWER. A price list is available on request. Unless otherwise agreed by JEPSON POWER in writing, all prices set forth in such price list are subject to change without prior notice to Customer.The price of Products shall not include packaging, sales or use tax or any other similar applicable federal, state or foreign taxes, duties, levies or charges in any jurisdiction in connection with the sale or deliver of the Products (“Taxes”). Such Taxes shall be payable by Customer and, if JEPSON POWER is responsible for the collection thereof, such Taxes shall either be added to the price invoiced or be separately invoiced by JEPSON POWER to Customer. Should any unforeseeable increases in JEPSON POWER’s cost of materials or labor occur after the date of any Confirmed Order, JEPSON POWER shall, in its sole discretion, be entitled to increase the agreed prices accordingly.
4. Payment TermsUnless otherwise agreed in writing by JEPSON POWER, the purchase price for the Products to be delivered under a Confirmed Order and all other amounts due in connection therewith shall be due and payable in EUR within thirty (30) days following the date of JEPSON POWER’s invoice for such Products without any discount, deduction or offset whatsoever. In no event shall any loss, damage, injury or destruction, force majeure events or any other event beyond JEPSON POWER’s control release Customer from its obligation to make the payments required herein. Payment of all amounts due hereunder shall be made by check, wire transfer, or credit card in the manner set forth on JEPSON POWER‘s invoice.Time is of the essence for the payment of all amounts due to JEPSON POWER under any Confirmed Order. If Customer fails to make payment of any amount when due, Customer shall pay interest to JEPSON POWER at the rate of one and one-half percent (1.5%) per month or such lesser amount as may be permitted by applicable law starting from the due date until payment of such amount in full. If Customer fails to comply with these Terms or the terms of any agreement between JEPSON POWER and Customer, or if Customer becomes insolvent, all balances then due and owing to JEPSON POWER shall become due immediately, notwithstanding any agreed-upon payment periods. All costs and expenses incurred by Jepson with respect to the collection of overdue payments (including, without limitation, reason- able attorney’s fees, expert fees, and other expenses of litigation) shall be borne by Customer. Every payment by Customer shall first be applied to pay for Jepson’s cost of collection, then interest owed by Customer, and then to the oldest outstanding claim. If JEPSON POWER extends credit to Customer for the purchase price for any Products or any other amounts due to JEPSON POWER, Customer hereby grants toJEPSON POWER as security for the timely payment and performance of all Customer’s payment obligations to JEPSON POWER, a first priority security interest (the “Security Interest”) in all Products heretofore or in the future delivered to Customer for as long as such Products shall not have been sold by Customer in the ordinary course of business (the “Collateral”). JEPSON POWER shall be entitled to file any and all financing, continuation or similar statements under the Uniform Commercial Code in any jurisdiction, and take any and all other action necessary or desirable, in JEPSON POWER’s sole and absolute discretion, to perfect its security interest in the Collateral and to establish, continue, preserve and protect JEPSON POWER’ssecurity interest in the Collateral. Customer agrees to take any and all actions and provide Customer with all information necessary to enable JEPSON POWER to perfect and enforce this security interest in all jurisdictions and vis-à-vis any of Customer’s creditors. This security interest shall remain in force until payment in full of the entire purchase price for such Products and any other amounts due to JEPSON POWER by Customer. JEPSON POWER may, without notice, change or with-draw extensions of credit at any time.
5. Delivery and AcceptanceUnless otherwise agreed in writing by JEPSON POWER, all deliveries of Products shall be made EX WORKS JEPSON POWER’s warehouse at Ernst-Abbe-Str. 5, 52249 Eschweiler, Germany and title to and risk of loss for the Products shall pass to Customer upon delivery thereof to Customer’s common carrier. If Customer requests that JEPSON POWER organize transportation on Customer’s behalf, JEPSON POWER or its agent may select, without any liability to Customer, any commercial air, ship, motor or rail carrier or any combination thereof for the transportation of the Products and will notify Customer thereof in the Order Confirmation. JEPSON POWER shall not be responsible for any acts or omissions of any such carrier.Any delivery times or dates communicated by or on behalf of JEPSON POWER are estimates and shall not be binding on JEPSON POWER. JEPSON POWER may make partial delivery of Products to be delivered under any Confirmed Order and invoice Customer separately for such partial deliveries. In no event shall JEPSON POWER be liable for any delay in delivery, and no delay in delivery of any Products shall relieve Customer of its obligation to accept delivery thereof and make payment of any amounts due in accordance with these Terms. JEPSON POWER shall not be liable for any delays in delivery if such delay was caused by Customer’s failure to provide the specifications required to manufacture the Product. Customer’s failure to accept delivery of any Products pursuant to a Confirmed Order shall not release or excuse Customer from its obligation to timely pay all amounts due in connection with such Confirmed Order. If Customer rejects or revokes acceptance of Products or fails to pay any amounts when due, JEPSON POWER, in its sole and absolute discretion, may extend the period of delivery by such period as JEPSON POWER may deem reasonable, or withhold or cancel delivery of any Products, or cancel any or all Confirmed Orders without any further obligations to Customer whatsoever. In such event Customer shall be responsible for any and all costs and expenses incurred or damages or losses suffered by JEPSON POWER in connection with any such delay not-withstanding any action or inaction by JEPSON POWER with regard to such delay.In the event JEPSON POWER delivers Products to Customer for export, Customer shall deliver exclusively to countries agreed with JEPSON POWER in writing. Upon JEPSON POWER’s request, Customer shall provide JEPSON POWER with written documentation regarding the export of the Products including but not limited to information about the delivery location. Customer represents and warrants that it has obtained the necessary permits and authorization to use and resell the Products in the respective jurisdictions.
6. Examination and Conformity to Order
Promptly upon receipt of any Products, Customer shall conduct a full and complete inspection of such Products as to any defects and to confirm compliance with all requirements of the applicable Confirmed Order. Customer shall notify JEPSON POWER or any authorized JEPSON POWER dealer in writing of any apparent defects or non-compliance of such Products with the applicable Confirmed Order that Customer has or could reasonably have discovered during such inspection within fourteen (14) days from the date of receipt of such Products, and Customer shall notify JEPSON POWER in writing within fourteen (14) days of the date on which Customer shall first have become aware of any hidden defect or non-compliance which could not reasonably have been discovered during Customer’s initial inspection of the Products. Notwithstanding anything to the contrary contained herein, any and all claims for defective or non-compliant Products under this Section 6 must be received by JEPSON POWER within six (6) months of the earlier to occur of (a) the delivery of the Products pursuant to these Terms or (b) JEPSON POWER’s notification of Customer that the Products are ready for delivery. Such complaint shall include a copy of the invoice or bill of sale issued to Customer for the sale of the defective Product. If Customer fails to timely notify JEPSON POWER of any defects or other non-compliance of any Products delivered or Customer uses, destroys or modifies any Products that Customer knows or should have known to be defective or non-compliant without JEPSON POWER’s prior written consent, Customer shall be deemed to have unconditionally accepted such Products and waived all of its claims forbreach of warranty or otherwise in respect of such Products. Products that JEPSON POWER consents or directs Customer in writing to be returned shall be returned to JEPSON POWER at Customer’s risk to the destination directed by JEPSON POWER. Unless otherwise agreed in writing by JEPSON POWER, all equipment, samples to support the sales provided by JEPSON POWER to Customer to enable Customer to use the Products shall remain the sole property of JEPSON POWER.
7. Limited Warranty
With respect to the Products, JEPSON POWER warrants to Customer that the Products will be free of defects in material and workmanship and conform with the requirements set forth in the applicable Con- firmed Order for a period of one (1) year from the date of delivery (the “Warranty Period”); provided that the Products are used for the purpose intended and are maintained, handled, serviced and operated in accordance with JEPSON POWER’s written instructions and manuals and are not altered, modified or repaired unless such alteration, modification or repair shall have been authorized by JEPSON POWER in writing (the “Limited Warranty”). Except for the Limited Warranty, JEPSON POWER makes no other warranties with respect to the Products, and no person is authorized to make any warranties on behalf ofJEPSON POWER that are inconsistent with such Limited Warranty.ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, ARE HEREBY EX-PRESSLY EXCLUDED AND DISCLAIMED.Except as otherwise set forth herein, if any Product defect entitles Customer to a claim under the Limited Warranty, JEPSON POWER will, at its sole option, repair, replace or issue a refund for the defective Product. In no event shall any warranty claims be made after expiration of the Warranty Period. The refund amount shall be the amount paid by the Customer for the defective Product less a processing fee of twenty dollars ($20) or such higher amount as JEPSON POWER deems appropriate. All warranty claims shall be void and JEPSON POWER shall have no responsibility to repair or replace Products damaged as a result of (a) misuse, improper storage, handling, operation, or maintenance or unauthorized alteration, modification or repair of Products (including without limitation, the use of sawblades or other parts on the Products contrary to written instructions and/or recommendations of JEPSON POWER, overloading of the Product beyond its capacity, or repair of the Products by persons other than a service center authorized by JEPSON POWER), (b) acts or omissions of Customer or third parties following delivery of the Product, acts of nature or government, abuse, or other events beyond JEPSON POWER’s control, (c) normal wear and tear. Unless expressly warranted in writing in any Confirmed Order, JEPSON POWER makes no warranty that the Products comply with applicable law, regulations or specifications in any jurisdiction in which the Products may be sold or marketed. Any governmental or other approvals necessary in connection with the sale, marketing, distribution or use of the Products shall be Customer’s sole responsibility. Customer shall not be authorized to make any warranties that are inconsistent with the foregoing warranty, and any and all such warranties shall in no event be binding on JEPSON POWER.
8. Limitation of LiabilityIn no event shall JEPSON POWER be liable to Customer for any indirect, incidental, punitive, special or con- sequential damages, including but not limited to, damages for loss of profits, revenue, goodwill or use, whether in an action in contract, tort, strict liability, or imposed by statute, or otherwise, even if Customer was advised of the possibility of such damages.
9. MiscellaneousIf any provision contained in these Terms or any Confirmed Order is held by final judgment of a court of competent jurisdiction to be invalid, illegal or unenforceable, such invalid, illegal or unenforceable provision shall be severed from the remainder of these Terms or such Confirmed Order, and the remainder of these Terms or such Confirmed Order shall be enforced. In addition, the invalid, illegal or unenforceable provision shall be deemed to be automatically modified, and, asso modified, to be included in these Terms, such modification being made to the minimum extent necessary to render such provision valid, legal and enforceable.
10. Entire Agreement; Conflicts
These Terms, including the applicable Confirmed Order, constitute the entire and exclusive agreement of the parties regarding the subject matter hereof and supersedes any and all prior or contemporaneous agreements, communications, and understandings (both written and oral)regarding such subject matter. In the event of a conflict between the provisions of these Terms and the provisions of a Confirmed Order, the provisions of the Confirmed Order will govern and control. These Terms may only be modified or any rights under it waived by a written document executed by both parties.
11. Applicable Law and Jurisdiction
These Terms and the Confirmed Orders shall be governed by and construed in accordance with the German law without giving effect to any choice or conflict of law provision or rule that would defer to or cause the application of the substantive laws of any jurisdiction other than Aachen, Germany.Any dispute, controversy or claim arising out of or relating to these Terms and any Confirmed Order, including but not limited to the execution, performance or termination thereof or to any issue of liability arising out of the performance of these Terms or any Confirmed Order, which the parties have not been able to settle amicably shall be submitted to the exclusive jurisdiction of the state or federal courts with jurisdiction in Aachen, Germany unless otherwise agreed to by the parties thereto, and each party hereby submits to the exclusive jurisdiction of the courts located in Aachen, Germany for such purpose. Each party hereby waives any and all claims, pleas or defenses (including without limitation a plea for forum non conveniens) that would permit such party to seek the jurisdiction of any courts or arbitration tribunals other than those set forth in the preceding sentence.
WARRANTYThe warranty time (warranty according to the commercial code) is 12 months from the day of sale to the end consumer.
It covers and is limited to the free replacement of the defective parts or the free repair of defects that are demonstrably due to the use of imperfect materials during production or due to assembly errors.
Incorrect use or start-up and unauthorized installations or repairs not specified in the operating instructions void the warranty. Parts that are subject to wear are also excluded from the warranty. We expressly reserve the right to make decisions on the warranty application. The warranty is void if the device is opened by a third party. Transport damages, maintenance work as well as damage and malfunctions due to insufficient maintenance are not covered by the warranty.
For warranty claims, the proof of purchase of the device must be given by presenting the delivery note, bill, or cash receipt.
As far as it is legal, we assume no liability for any personal, material or consequential damages, in particular if the device is used differently than for the purpose indicated in the operating instructions, not installed or repaired according to the operating instructions, or repairs were executed by a layperson.
We reserve the right to perform repairs or maintenance over and above the ones specified in these operating instructions at the factory.
The quality and safety of the JEPSON POWER circular cold saw depends on the exclusive use of original JEPSON POWER saw blades or saw blades with the same cutting width, blade diameter and recommended cutting speed. The use of other saw blades may damage the machines.
The original JEPSON POWER saw blade fulfils all requirements of the TÜV examination (several inspection offices) and is therefore certified by these inspection offices. In case of use of saw blades with dimensions that differ from the original JEPSON POWER saw blades, the manufacturer assumes no liability.
The warranty excludes:
Wear parts such as switches, flanges, carbon brushes, supportings and cutting tools (saw blades, carbide inserts, drills and abrasive) as well as electronic units.
Other parts that are subject to wear through use or natural wear and tear.
Tool failure due to non-compliance with the instruction manual, unconventional use, abnormal atmospheric conditions, improper operating conditions, overload, or lack of service or maintenance.
Tool failure due to replacement parts or additional parts that are not original Jepson Power parts.
Machines to which changes or additions have been made..