General Sales Conditions
1.0 General
These sales conditions apply to all offers and orders from J.Guillem, filed at the Rotterdam Chamber of Commerce. Acceptance of an offer constitutes agreement to these terms. Modifications require written consent. The conditions benefit J.Guillem's intermediates and third-party representatives equally. In conflicts between Dutch and translated versions, the Dutch text prevails.
2.0 Definitions
- J.GUILLEM: The company
- Purchaser: The contracting party
- Sales conditions: J.Guillem's general sales conditions
3.0 Commencing of Agreements
Offers are non-binding. Agreements become effective only upon J.Guillem's written (including electronic) acceptance or implementation commencement. Confirmation includes product description, price, delivery/admin costs, customer details, availability status, and payment method. J.Guillem's administration serves as proof of orders, payments, and deliveries. The company reserves rights to reject orders or impose delivery conditions.
4.0 Samples, Models and Diagrams
Samples, models, diagrams, drawings, measurements, weights, color details and/or design details provided or displayed online serve as references only and do not bind J.Guillem.
5.0 Delivery and Delivery Periods
Delivery commences at the warehouse; purchaser assumes risk thereafter, including prepaid shipments. Stated periods are non-binding; J.Guillem doesn't default without formal notice and reasonable compliance time. The company notifies purchasers of delays as soon as possible. Partial deliveries and separate invoicing are permitted. Purchasers must accept products upon delivery; refusal results in default and storage costs charged to the purchaser.
6.0 Prices and Payment
Stated charges exclude VAT and originate from factory delivery. Within three months post-agreement, J.Guillem may allocate cost increases (materials, labor, insurance, freight, currency, taxes, government measures). Purchasers may cancel within this period. Payment follows invoice terms via specified methods; purchasers cannot apply discounts or defer payment. Late payment incurs legal trade interest (or legal interest for natural persons) without formal notice. Extra-judicial and judicial costs minimum 10% of principal fall to purchasers.
7.0 Rights of Ownership
J.Guillem retains ownership until all payment and performance obligations are fulfilled. Purchasers must immediately notify J.Guillem of third-party claims, payment moratoriums, or bankruptcy requests. Upon non-compliance after notice, J.Guillem may retrieve products, with authorized entry rights. Down payments may be retained to offset retrieval costs.
8.0 Inspection Duty of Purchaser
Purchasers must inspect products for agreement conformity and visible defects, notifying J.Guillem in writing within eight days of delivery. Upon valid notification, J.Guillem delivers missing items, replaces products, or refunds prices at its discretion. Purchasers must follow J.Guillem's instructions for storing or returning defective products.
9.0 Guarantee
Products carry a two-year guarantee against design, material, and production errors from delivery. Electronic purchase receipts with dates serve as the only valid warranty proof, applying to first owners only. Purchasers must provide service instructions to subsequent buyers.
Exclusions from guarantee:
- Damage from faulty component use
- Improper use, accidents, or transportation damage
- Normal wear
- Products disassembled beyond original condition
- Carelessly treated products
- Parts resold to subsequent consumers
- Products with modified/unreadable receipts or model numbers
- Unauthorized repairs or modifications
10.0 Liability
Liability is limited to invoice amounts for willful misconduct or serious fault by J.Guillem's management. Consequential damages — including lost profits, business interruption, or production stagnation — are excluded. J.Guillem isn't liable for subordinates' misconduct. Insured damages are covered only to the insurance payout amount.
11.0 Force Majeure
Unforeseeable circumstances include regulatory restrictions, material/labor shortages, strikes, transportation prohibitions, production interference, natural disasters, and war. Upon partial force majeure fulfillment, J.Guillem invoices delivered portions, which purchasers must pay as partial delivery.
12.0 Intellectual Property
Purchasers use J.Guillem's trademarks only within agreement scope. Registration of identical or confusingly similar names/marks is prohibited.
13.0 Applicable Law / Jurisdiction Clause
Dutch law governs disputes. Rotterdam courts hold exclusive jurisdiction over agreement-related disagreements and condition disputes.
Contact Information
- Address: Energieweg 23, 3281 NH Numansdorp, Netherlands
- Phone: +31 (0)186-685941
- Email: info@jguillem.com