GENERAL TERMS AND CONDITIONS JLM LUBRICANTS AUSTRALIA
Article 1 Definitions
The following is understood under these conditions:
Offer: any non-binding offer and quotation (including appendices, documentation and images, etc.) from JLM Lubricants to the Customer.
General Terms and Conditions: These Terms and Conditions of JLM Lubricants.
Consumer: the natural person who does not act for purposes related to its trade, business, craft or professional activity.
JLM Lubricants: the private company with limited liability JLM Lubricants Australia.
Customer Agreements with JLM Lubricants, including but not limited to the Consumer.
Agreement: any agreement between the Customer and JLM Lubricants, including but not limited to the Remote Agreement.
Remote Agreement: The remote agreement between the Customer and JLM Lubricants within the context of an organization for the sale of goods and services. more remote communication techniques, including but not limited to the agreement concluded via the website www.shop.jlmlubricants.nl and the other websites / platforms / applications where the Products of JLM Lubricants are sold.
The Parties: The Customer and JLM Lubricants collectively.
Product (s): All goods and items that are the subject of an Agreement.
Written: any communication by post, e-mail, fax or any other means of communication that can be equated with this view of the state of the art and the prevailing views in society.
Article 2 Identity and additional information on JLM Lubricants
Business and visiting address of JLM Lubricants:
115 Eldridge Road
Condell Park NSW 2200
Telephone number: +61291333855 (normal call rate)
Availability: during office hours (9.00 am - 5.00 pm)
E-mail address: firstname.lastname@example.org
ABN number: 28001825609
Article 3 Applicable General Terms and Conditions
JLM Lubricants delivers Products, goods or services of any kind to the Customer, even if these goods goods These Terms and Conditions.
Changes to the Agreement and to the General Conditions and Conditions of the Parties.
JLM Lubricants reserves the right to amend the Terms and Conditions at any time. JLM Lubricants has made known the Customer of the Amendment, with the understanding that the quotations / offers shall be issued by the General Conditions and Conditions. that the quotations / offers were issued.
If any provision de ces la demande de la concurrence et de la demande de la concurrence de la demande de l'assurance de la concurrence et de la loi de la demande, la loi de l'assurance de la concurrence et de la loi de l'assurance de l'assurance de l'assurance de l'assurance de l'assurance de l'assurance de l'assurance de l'assurance et de l'assurance de l'assurance de l'assurance générale. The parties will then enter into the provisions of the original provisions, and will not be able to do so.
The General Terms and Conditions have been drawn up in a Dutch and an English text. In the event of differences between these texts, the Dutch text is binding.
Article 4 Offer
The acceptance of an offer by the Customer that the Customer agrees with the applicability and satisfaction of these Terms and Conditions.
If an Offer has a limited duration or is subject to conditions, this will be explicitly stated in the Offer.
No rights can be derived from an Offer in any way if the Product to which the Offer is concerned.
Although JLM Lubricants will be able to provide you with the best possible solutions, JLM Lubricants and Customer to the accuracy of the information contained herein JLM Lubricants JLM Lubricants JLM Lubricants JLM Lubricants JLM Lubricants JLM Lubricants JLM Lubricants JLM Lubricants JLM Lubricants JLM Lubricants JLM Lubricants JLM Lubricants JLM Lubricants JLM Lubricants JLM Lubricants JLM Lubricants JLM Lubricants JLM Lubricants JLM Lubricants JLM Lubricants expressly stated otherwise in writing. In no case is JLM Lubricants obligated to any (post) delivery.
JLM Lubricants can not be bound by an Offer if the Customer can reasonably understand that an offer or part of it contains an obvious mistake or error.
Article 5 Agreement
The Agreement is concluded at the time of the Customer.
If the Customer has accepted the Offer electronically, JLM Lubricants will immediately confirm receipt of the acceptance of the Offer, electronically.
JLM Lubricants has confirmed that the Agreement is made to the Offer, the Agreement will only take effect after the approval of the Customer. the comment of the Customer, or with the reservations or deviations.
Verbal JLM Lubricants and JLM Lubricants JLM Lubricants.
If, during the implementation of the Agreement, it appears to be necessary to amend the Agreement in a timely manner, it may be necessary to amend the Agreement. Whether the nature, scope or content of the Agreement, whether or not at the request or instruction of the Customer, is changed, it may have consequences for what was originally agreed. As a result, it has also been increased or decreased. JLM Lubricants will, as far as possible, provide a quotation in advance. The Customer accepts the possibility of amendments to the Agreement, including but not limited to other conditions. JLM Lubricants is entitled to charge amendment costs if the Customer wishes to amend the Agreement after the conclusion of the Agreement.
Each Agreement is entered into the preceding paragraph of the Agreement that is part of the Agreement.
Article 6 Right of withdrawal
The Consumer can terminate the Remote Agreement with a view to the purchase of products during a cooling-off period of fourteen (14) days, without giving reasons.
The cooling-off period mentioned in this article
on the day after the Consumer, or a third party designated by the Consumer in advance, who is not the transport, has received the Product; gold:
if the Consumer has ordered several products in the same order: on the day on which the Consumer, or a third party designated by him / her, has received the last Product. If the time between deliveries of different products is more than fourteen (14) days, JLM Lubricants may refuse the order of several products. In that context, JLM Lubricants will contact the Consumer immediately.
During the cooling-off period, the Consumer will handle the Product and the packaging with care. He / she will only use the Product to the extent necessary to establish the nature, characteristics and operation of the Product. The principle here is that the consumer can only handle and inspect the product. The Consumer is only liable for value reduction of the Product that is the result of a way of handling that product.
If the Consumer makes use of his / her right of withdrawal, he / she will unambiguously notify JLM Lubricants within the cooling-off period. As soon as possible, but within fourteen (14) days after the date of the notification referred to in the preceding sentence, the Consumer must return the Product in its original condition and packaging, JLM Lubricants, or the JLM Lubricants at the General Terms and Conditions. The direct costs of returning the product will be bound by the Consumer.
If the Consumer makes use of its right of withdrawal, all additional agreements will be dissolved by operation of law.
JLM Lubricants has excluded the following Products and services from the right of withdrawal:
Products manufactured according to the specifications of the consumer are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or that are clearly intended for a specific person;
Spoil quickly or have a limited shelf life;
Sealed Products, for reasons of health protection, are not suitable for Applicable?
The delivery of products, by their nature, are irrevocably mixed with other goods after delivery.
Article 7 Cancellation and return
Without prejudice to the provisions concerning the right of withdrawal under the General Terms and Conditions, the cancellation of the agreement is not possible unless JLM Lubricants explicitly stated otherwise in writing.
JLM Lubricants Expressly stated otherwise in writing JLM Lubricants is not possible unless JLM Lubricants expressly stated otherwise in writing.
If JLM Lubricants declared in writing that the cancellation of the Agreement is between the parties, it is possible that 20% of the customers are not the Consumer.
In the event of cancellation, the Customer must:
at. Pay any cancellation costs once in full.
b. Immediately return any Products received by the Customer.
Returning (incl. De l'article de l'article d'article de l'article d'entry d'article de l'article d'entry) if JLM Lubricants has expressly stated in writing that a return is possible.
The direct costs of returning the product to the customer.
Article 8 Prices
If the Customer is not a Consumer, all taxes and duties are exclusive of turnover tax, other taxes, duties levied or introduced for the performance or other government levies or any costs to be incurred in the context of the Agreement, including but not limited to shipping, transport, export, insurance, loading, packaging and administration costs. These taxes, duties and costs are passed on to the Customer.
If the Customer is a Consumer, all taxes and duties, other taxes, duties levied or introduced for the performance and other government levies. Not included in the context of the Agreement, including but not limited to shipping, transport, export, insurance, loading, packaging, and administration costs. These costs are passed on to the Customer.
In the event of an increase in the price of a product, the price of the product is not sufficient. . The sales conditions that apply on the day of delivery are applicable.
If, between the time of the conclusion of the Agreement and the time of fulfillment of the obligation under this Agreement, the price increases might occur - for example with regard to tax charges, labor costs, transport costs, government regulations, excise duties, technical and / or organizational costs, JLM Lubricants is still entitled to charge these costs to the Customer.
The rate of increase of the agreement is disproportionate to the amount of the quotations at the time of the conclusion of the Agreement. If such an increase, it is referred to in this article, it takes place within the scope of the Agreement, the Customer is entitled to this Agreement. the costs incurred by JLM Lubricants in direct costs incurred in connection with the Agreement.
Unless the parties agree otherwise, JLM Lubricants with regard to subsequent agreements.
Article 9 Payment
Unless expressly agreed otherwise in writing, the payment by the Customer, not being a Consumer of JLM Lubricants, must be made of any deduction, discount, or settlement, within thirty (30) days after the conclusion of the Agreement. This payment is subject to strict deadline.
Unless expressly agreed otherwise in writing, the payment by the Consumer to JLM Lubricants, without any deduction, discount, compensation or (debt) settlement, must be made within thirty (30) days after the start of the cooling-off period. This payment is subject to strict deadline.
Where an advance payment is stipulated, the Customer may not be responsible for the performance of the payment order or the payment order (s).
All payments must be made to an account by JLM Lubricants, if not agreed otherwise in writing. The Customer has the duty to immediately report any inaccuracies in payment data provided to JLM Lubricants.
If there is good reason for it, the Customer is obliged to fulfill its obligations or will fail to do so in time, the Customer is required to provide sufficient security and the JLM Lubricants at the first request of JLM Lubricants and, if necessary , to supplement this for the fulfillment of all its obligations. As long as the Customer has not complied with this, JLM Lubricants is entitled to suspend compliance with its obligations.
If the Customer, not being a Consumer, does not have a pay equity interest rate, or has not paid more in the period agreed, JLM Lubricants has, without further notice, or notice of default JLM Lubricants JLM Lubricants JLM Lubricants JLM Lubricants JLM Lubricants JLM Lubricants JLM Lubricants JLM Lubricants.
All judicial and extrajudicial (collection) costs incurred by JLM Lubricants as a result of the Customer's non-compliance with their payment obligations will be bound by the Customer. The extrajudicial costs are set at 15% (fifteen percent) of the amount to be claimed, with a minimum of $ 500.00 (in words: five hundred dollars).
If the Consumer does not pay within the period specified in this article, he/she, after he/she has been informed by JLM Lubricants of the late payment and JLM Lubricants has granted the Consumer a period of fourteen (14) days to still meet his/her payment obligations, after payment has not been made within this 14-day period, owes the statutory interest due on the amount still due and JLM Lubricants is entitled to charge the extrajudicial collection costs it has incurred. These collection fees will amount to a maximum of: 15% on outstanding amounts up to $2,500.00; 10% on the following $2,500.00 and 5% on the following $5,000.00, with a minimum of $500.00. JLM Lubricants may, for the benefit of the Consumer, deviate from the stated amounts and percentages.
The payments made by the customer are usually subject to the payment of costs and are subject to payment.
If JLM Lubricants has a claim against the Customer, JLM Lubricants is entitled to suspend all work and further services for the Customer.
Article 10 Retention of ownership
JLM Lubricants will remain the property of JLM Lubricants until the moment that the Customer has fully complied with all its obligations to JLM Lubricants with JLM Lubricants, including claims for failure to comply with such agreement.
JLM Lubricants is at all times authorized to take possession of its memberships, in particular if the Customer does not pay (in time), or is presumably unable or unwilling to pay. Repossessed Products will be credited by JLM Lubricants. JLM Lubricants is never obliged to pay any compensation.
The Customer is obliged to store the goods which have been delivered under the title of JLM Lubricants.
The Customer is obliged to notify JLM Lubricants immediately if any is made of the Products.
All costs incurred by JLM Lubricants and damage suffered during the period of sale by JLM Lubricants.
Article 11 Delivery
JLM Lubricants will take the greatest possible care when implementing and delivering.
The place of delivery is the address that the Customer has provided to JLM Lubricants. JLM Lubricants will continue to look at the address provided by the Customer as JLM Lubricants of a new address. JLM Lubricants will determine the method of delivery.
The risk of loss, theft, damage or depreciation in a relationship to the customer is a matter for the customer. JLM Lubricants is authorized to deliver the Products in installments.
The Customer is obliged to purchase the Products at the moment they are made available. JLM Lubricants is entitled to the products at the Customer's account and risk of the customer. The risk of loss, damage or depreciation passes to the Customer when the Products are available to the Customer.
JLM Lubricants is based on JLM Lubricants and is based on JLM Lubricants at the time of the conclusion of the agreement. parts. JLM Lubricants will endeavor to proceed as much as possible. Delivery times specified by JLM Lubricants will not be considered as strict deadlines.
If delay in delivery occurs, the delivery time will be increased by such a period that is reasonable. If the delivery is delayed, or if it is not executed, the Customer will be notified of it after the day.
Where the delivery time or any other circumstance is exceeded, the Customer does not have the right to refuse to take delivery this look. If the delivery time is exceeded, the Customer, not being a Consumer, is not entitled to terminate the Agreement. In such a case, the consumer has the right to terminate the agreement without costs and the right to any compensation.
After dissolution in accordance with the previous paragraph, JLM Lubricants will immediately refund the amount that the Consumer has paid.
The Customer is aware that amendments to the Agreement may lead to delays. Amendments to the Agreement are therefore at the expense and risk of the Customer.
Article 12 Complaints
The Customer is obligated to inspect the Products delivered immediately after delivery, to the extent that this can reasonably be expected of him / her.
Complaints of missing or un-ordered products which are detected during an inspection, or could be reasonably detected, by the Customer to JLM Lubricants, precisely stating the nature and grounds of the complaints.
These should be known in the art, or, rather, they should be known in the art, to, the Customer, to JLM Lubricants, precisely stating the nature and grounds of the complaints.
The Customer is obligated to ensure that the Products are guaranteed to have a lower price and a lower price. In doing so, the Customer will strictly follow the instructions of JLM Lubricants and fully cooperate with JLM Lubricants in investigating and finding the defect and related circumstances, such as the handling and use of the Products. In the event of complaints about the quality of the Products, these must be retained by JLM Lubricants and only be sent to JLM Lubricants after written permission by JLM Lubricants.
If the Customer has not complied with the provisions of Articles 10.1 to 10.4, it has not completely complied with them. If the Customer fails to submit complaints to JLM Lubricants within the framework of Articles 10.2 and 10.3, the Customer is deemed to have the Products and the Customer can not claim that the Products do not comply with the Agreement.
Small deviations in quality, color, size, weight and appearance that are customary in the market or technically unavoidable.
Unless otherwise agreed in writing, with JLM Lubricants - are not permitted.
If it is established that it is a product of the market, then JLM Lubricants will return the defective Product within a reasonable period of receipt thereof, or a return is not reasonably possible, must provide written notification concerning the defect by the Customer, at the discretion of JLM Lubricants, or arranges for the repair thereof or ensure compensation thereof to the Customer. In the event of a replacement, the JLM Lubricants is subject to JLM Lubricants (including any further instructions), unless JLM Lubricants indicates otherwise.
If it is established, the costs incurred by JLM Lubricants as a result, including the investigation costs, will be bound in full by the Customer.
Article 13 Termination of the Agreement
JLM Lubricants may, in addition to the other rights under the Agreement (including the General Terms and Conditions) and the law, dissolves the Agreement in its entirety JLM Lubricants vis-à-vis the Customer with immediate effect if:
- The Customer does not comply with its obligations under the Agreement or other agreements to JLM Lubricants;
- The Customer is declared bankrupt;
- The Customer requests suspension of payment or offers a payment arrangement to his / her creditors;
- A debt restructuring pursuant to WSNP (Natural Persons Debt Restructuring Act) is pronounced with regard to the Consumer;
- The Customer proceeds to liquidate his / her business;
- An attachment is made on the assets of the Customer in respect of the debts, or if the Customer is unable to meet his / her debts or leaves unpaid.
Prior to the termination of the Agreement (in any way whatsoever), already in force under the Agreement.
Article 14 Protection of personal data
The information provided by the Customer is entered in the JLM Lubricants Administration. The data is used for the fulfillment of the Agreement, and for sending information to the Customer regarding Products, operations and activities of JLM Lubricants.
The parties will consider the information provided by the other party as confidential or as confidential.
The Customer and JLM Lubricants will fulfill their privacy obligations within the context of the Agreement.
If JLM Lubricants JLM Lubricants does not require JLM Lubricants in JLM Lubricants in JLM Lubricants a secure manner. This applies, without prejudice to the obligation for JLM, to protect confidentiality and confidentiality.
JLM Lubricants will take appropriate technical and organizational measures to ensure risk-based security. The appropriate measures are in line with the current state of the art.
Article 15 Intellectual property rights
JLM Lubricants, including (but not limited to) analysis, drawings, photographic recordings, models, brochures, catalogs, price lists, schemes, designs, (digital) reports , checklists, advice, photos, brochures, templates, sketches and other documents, JLM Lubricants. JLM Lubricants reserves all intellectual property rights with regard to intellectual works that it uses or enforce copyright law or other intellectual property rights.
The documents referred to in this article may be used in this publication or may be used otherwise, but may be used in their entirety by JLM Lubricants. If use restrictions have been agreed between the parties, the Customer will only have to comply with the agreed restrictions. Violation of such usage restrictions results in the use of JLM Lubricants and the violation of the intellectual property rights of JLM Lubricants / third parties.
The Agreement does not extend to the transfer of any intellectual property right from JLM Lubricants to the Customer. The Customer does not agree on the conclusion of an agreement with JLM Lubricants.
The Customer is not permitted to remove any indication of copyright, trademarks, trade names or other intellectual property of a Product, or to make any change in the form or any other characteristic of a Product.
The Customer is forbidden to falsify, multiply or reproduce a Product in any way.
The Client would be glad to see you at the JLM Lubricants.
Article 16 Liability
Any liability of JLM Lubricants, employes pour JLM Lubricants and / or assistants / third parties engaged by JLM Lubricants is limited to the amount paid under the liability insurance of JLM Lubricants after deducting the deductible of such insurance.
If, for whatever reason, JLM Lubricants, employees working for JLM Lubricants and / or assistants / third parties by JLM Lubricants is at all times by event (where a series of consecutive JLM Lubricants JLM Lubricants JLM Lubricants JLM Lubricants JLM Lubricants JLM Lubricants.
The liability of JLM Lubricants for indirect damage suffered by Customer is excluded. Uncommercial damage is understood to be limited to, but not limited to, loss of profit, lost savings, reduced goodwill, damage due to business interruption, damage due to non-achievement of marketing loss, damage, mutilation, destruction of data, loss of orders and / or PR damage.
JLM Lubricants and / or assistants. JLM Lubricants and / or assistants.
If a complaint about the product is made in this regard, it will be considered in this regard, it will be paid for its discretion or the payment of the price of the product. (if possible) replace the product supplied free of charge. JLM Lubricants is never obliged to pay further compensation.
The provisions of this article only apply to the liability of JLM Lubricants pursuant to the Law or Agreement, including the provisions of these Terms and Conditions.
Without prejudice to the provisions of Article 6.10 of the Dutch Civil Code, the right to compensation in any case one (1) year JLM Lubricants is bindable.
Article 17 Force majeure
If, due to force majeure, JLM Lubricants fails to comply with any of its obligations, JLM Lubricants is never liable to the Customer for damage, for whatever reason, arising, and it is entitled, at its discretion and without judicial intervention, to suspend the performance of the Agreement for a maximum of six months, or to dissolve the Agreement in whole or in part, without being obligated to pay any compensation.
sabotage (including JLM Lubricants), and in general an unforeseen circumstance within JLM Lubricants, both at home and abroad. JLM Lubricants et de l'affiliation de la factoire de l'factoire de la fabrication et de la fabrication de la factoire.
Article 18 Applicable Law and Arbitration Procedures in the United States of America
All Agreements concluded by JLM Lubricants to to which these terms and conditions apply to Dutch law. The United Nations Convention on International Agreements on Movable Goods (the Vienna Sales Convention) is expressly not applicable.
Providing services, services, deliveries, agreements made, agreements received, agreements concluded by JLM Lubricants or other agreements be settled by the Amsterdam District Court.