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JLB Leboulch General Terms of Sale

Article 1: Scope of the General Terms of Sale

These General Terms of Sale apply to all sales concluded with the JLB Leboulch Company and notably, but not exclusively, to the sales of muck spreaders, tipping trailers, bale trailers, low loaders, trailers, related equipment, spare parts and related services (the Products).
These General Terms of Sale shall prevail, unless expressly agreed otherwise, over any General Terms of Purchase, notwithstanding any clause to the contrary contained in the said General Terms of Purchase.
The fact that the Buyer places an order implies a full and unconditional acceptance of these General Terms of Sale.

Article 2: Order

All orders must be dated, contain the precise designation and quantity of the Product ordered, as well as the requested delivery date. Any order, whether sent directly or through the intermediary of the dealers or representatives of the JLB Leboulch company, only becomes firm and definitive when it has been confirmed in writing, signed or initialled by the Buyer and accepted by the JLB Leboulch company by the issue of an acknowledgement of receipt.
In the event of a contradiction between the terms of the order form and those of the acknowledgement of receipt, it is the responsibility of the Buyer to contact JLB Leboulch in writing within 48 hours of receiving the acknowledgement of receipt. Otherwise, the Buyer shall be deemed to have accepted the terms of the acknowledgement of receipt fully.
Any modification or cancellation of the order can only be taken into consideration if it is received in writing 8 weeks before the shipping of the products and accepted in writing by the JLB Leboulch company.
Any modification of an order in progress and accepted by JLB Leboulch shall be subject, except where special conditions apply, to an increase of 2% of the sale price of the whole of the Product thus modified for equipment in the course of manufacture, and of 1% in other cases.

Article 3: Price Lists

The invoice is established at the price and conditions in force on the day of the order, for the delivery date indicated.
The Products are supplied at the price in force at the time the order is placed, expressed in euros and increased by the VAT applicable on the day the order is placed. Any change in rates is automatically reflected in the price of the Products.
By adhering to these General Terms of Sale, the Buyer accepts the modification of the sale price of the Product in the event of a significant and sudden increase in the price of raw materials (steel) and the main components (tyres, etc.), and when a period equal to or greater than six months has elapsed between the date of order and the date of delivery.
In the event of a price list change, the new version applies to all orders placed after its entry into force.

Article 4: Payment

Prices are deemed to be paid in full on receipt of the invoice. If a longer period was agreed, it may in any case not exceed the legal maximum, i.e. 60 days net, or 45 days end of month. Any sum not paid on its due date shall automatically give rise, without the need for prior formal notice, to the payment of a late payment penalty equal to the refinancing rate of the European Central Bank (ECB) plus 10 percentage points, as well as to a compensation for recovery costs equal to the legal maximum in accordance with Articles L441-6 and D441-5 of the Commercial Code.
The JLB Leboulch company reserves the right to demand the full payment at the time of entering into a relationship or at a later date if the Buyer does not provide sufficient guarantees.
In the event of late payment, the JLB leboulch company may also suspend current orders, without prejudice to any other course of action and without any formal notice being required.
No discount or interest shall be granted for early payment.

Article 5: Delivery Times

The delivery times stipulated in the contracts are purely indicative as JLB Leboulch is itself dependent on other parties upstream to carry out its services. No delay in delivery may give rise to the cancellation of the order, damages, or the right to the loan of a new or used replacement vehicle to the detriment of the JLB Leboulch company.
In any event, delivery times are extended in the event of force majeure and more generally in the event of unforeseen circumstances. In particular, delays in the delivery of machine components by JLB Leboulch's suppliers shall be considered as force majeure.

Article 6: Retention of Title and Transfer of Risks

The ownership of the Products sold shall not pass to the Buyer until the price has been paid in full, even in the event of deferred payment.
However, the risks in case of loss or deterioration of the Products sold are transferred to the Buyer upon delivery, notwithstanding any clause to the contrary.
The Buyer is allowed to resell the sold Product. However, in this case, it undertakes to inform the sub-purchasers that the said Products are subject to a retention of title clause and to give prior notice to the JLB Leboulch company of this transfer so that it can preserve its rights and, if necessary, exercise an action to claim the resale price from the sub-purchaser.

Article 7: Limitation and Exclusion of Liability and Warranty

The Product sold is guaranteed for a period of twelve months from the date of delivery to the end customer. This warranty only applies to operating and construction defects and ceases to apply if the Product has been used abnormally.
It does not apply if the defects are due to poor maintenance, misuse or repair carried out by the end customer or by third parties other than authorised JLB Leboulch dealers.
The warranty is limited to the replacement of parts recognised as defective by the technical service of the JLB Leboulch company, with the exception of the repair of any other prejudice, the shipping and labour costs remaining at the charge of the final customer.
The hourly labour rate charged by the authorised dealer in the context of a warranty may not exceed 30 euros. Claims must be quantified, including the number of hours of labour, and accepted by the JLB Leboulch company before any intervention.
Travel and transportation are not covered by the warranty. If these procedures are not followed, warranties are refused.
The Buyer acknowledges having received an instruction manual for the machine purchased. He hereby undertakes to pass on the contents of this manual to any sub-purchaser or final customer of the Products, without transferring the copyrights and general intellectual property rights relating to the said manual to anyone.
The Buyer and any user of the Products manufactured by JLB Leboulch is deemed to be aware of the exclusions of liability and warranty contained in the instructions for use.
The Buyer acknowledges in particular that it is aware of the following elements:
  • The trailers are certified to drive at 25 km/h or 40 km/h with special options. Beyond these speeds, any damages caused cannot be guaranteed by the JLB Leboulch company.
  • The Buyer shall at all times ensure that the tyres have an appropriate pressure level, that they are not overloaded and that an appropriate driving speed is kept.
  • The Buyer shall regularly check the tightness of the axle flanges, wheel studs and hydraulic hoses, and any parts that may become loose.

The Buyer leaving its machine on the premises of the JLB Leboulch company because it wants to postpone the delivery does so at its own risk. It is therefore solely responsible for any theft, loss or other damage to the machine.

Article 8: Transport

All Products sold by JLB Leboulch travel at the risk of the recipient, regardless of the mode of transport or the method of payment of the transportation charges, it being specified that the Buyer grants JLB Leboulch a mandate to choose the mode of transport and the carrier and to pay the transport price.
By accepting these General Terms of Sale, the Buyer expressly acknowledges that JLB Leboulch shall in no way be held liable for any failure on the part of the chosen carrier, whether before, during or after the transport of the Products, except in the event of gross negligence on its part.

Article 9: Jurisdiction and Applicable Law

These General Terms of Sale are governed by the French law. Any dispute that may arise between JLB Leboulch and the Buyer or sub-purchaser of a Product sold by JLB Leboulch falls within the jurisdiction of the Commercial Court of Evreux, notwithstanding plurality of defendants and/or the introduction of third parties.
By adhering to these General Terms of Sale, the Buyer exempts the JLB Leboulch company from prior formal notice.