Terms and Conditions
TERMS & CONDITIONS OF SALE
1) General conditions of sale1.1. Sales of goods and services made by the JNF are adapted by the special conditions for each delivery, the present conditions and the applicable legislation. Any other terms defined by the customer, unless explicitly acknowledged by JNF on writing way, should be considered invalid.
1.2. The continuous business relationship with a customer means that the customer accepts and agrees to these terms of sale and delivery.
2) Credit plafond2.1. JNF reserves the right to extend credit to customers or potential customers for which it has, and for as long as it has, sufficiently favourable commercial information and for which the expected purchase volume is equal to or greater than €6,000.00/year.
2.2. Failure to complete each semester a volume of purchases within the agreeded turnover may result in the interruption of credit.
2.3. When it is decided to open credit, the customer will be informed by a written document called “Credit Agreement”, with the maximum amount of your credit and payment term.
2.4. Non-compliance with one of the points mentioned in 2.3. will cause the suspension of supplies.
2.5. The credit limit will be automatically changed according to the average monthly purchase amount.
3) Supplies and prices3.1. Supplies All orders must be submitted to JNF in writing. The delivery of the order to JNF implies the unreserved acceptance of these general conditions of sale, considering that there are no clauses to the contrary, contained in requests or purchase orders.
3.2. Prices All prices present in the price list should be considered as indicative only, definitive prices should be confirmed with JNF in order to avoid any printing errors or possible price changes arising for reasons beyond the company, such as material value fluctuations, energy, exchange rate variations, production costs, etc. For the above reasons, prices may change at any time. In case of Proforma, the validity of our offer should be considered.
4) ShippingThe goods are considered sold Exworks icoterms (EXW), consecutively all risks pass to the customer after delivery of the goods to the shipping agent. JNF reserves the right to deliver and invoice parcelled orders. Goods are considered to be delivered in good condition, complete and without visible damage, at the moment of the signature of the receiver or any of its employees. Otherwise, the customer must indicate acceptance with reserves in the shipping document and write on the transport form. Communication of any inconsistency in the delivery of the goods must be made in writing within 48 hours and indicated on the carrier’s shipment documents.
5) Delivery terms and conditions5.1. Delivery time
The delivery times provided are indicative and cannot be considered as contractual. The company will perform the most appropriate management in order to meet the expected delivery deadlines. However, timeframes can be lengthened by many unknown factors, namely related to subcontractors, suppliers of raw materials, transport delays, production problems, etc. Therefore, in case of non-compliance with the expected delivery time, our company does not accept any kind of claim related to late delivery. If the expected delivery time is extended to more than two weeks, we reserve the right to inform the customer about the reason giving him the possibility to decide whether or not to cancel the order or replace with a similar product.
The place of intended delivery should be indicated on the order form, and the customer must ensure availability for its reception during the operating period of the usual JNF worktime. No delivery times will be assured without the settlement of all overdue amounts and all requested and accepted values for placing orders.
6) Special ordersAll orders for special products must be requested in writing, will be pre-quoted and will only be accepted on condition that they are not canceled. Special products are products that are intended to be performed as directed by the customer, following measurements, quantities, finishes, combinations, packaging, marks, or others made specifically for an order. An advance payment may be required as a confirmation of the order. Returns on orders for custom made or special products will not be accepted.
7) ComplaintsAll complaints must be submitted as soon as possible after receipt of the goods. Complaints about quantity received must be reported within 5 working days of receipt of the shipment. Complaints about irregularities in the amount of packages received or any damage to them should be made immediately to the carrier upon delivery of the consignment. Complaints about manufacturing defects or malfunctioning are subject to the general warranty conditions.
8) Warranty conditionsJNF assure an after-sales support service which will ensure compliance with the contract made within two years of receipt of the goods for mobile products and five years for immovable products. Warranty is excluded in cases where damage is the result of improper use, improper installation, misuse, transport damage, unauthorized technician intervention, painting or finishing of materials, use of improper chemicals, lack of maintenance as well as interventions or modifications made by customers or third parties, without prior agreement of JNF. Nonconformity of the product must be notified in writing as soon as possible after detection, together with information on purchasing documentation. The possibility of verification and detection of the existence of the notified anomaly shall be given. A defective product is considered to be defective when it does not offer the expected safety and operating conditions, taking into account various circumstances, including its presentation, its reasonable use and the moment of its normal use. A defective product is not considered to be defective simply because a more upgraded product is subsequently put into circulation. In case of non-compliance, the consumer is entitled to have the product in question replaced by repairing it or replacement with a similar or possibly superior product, appropriate price reduction or termination of the contract. The manufacturer may refuse the normal client warranty rights if it proves that the state of the art or technology at the production time of the product doesn’t exist way to detect the defect.
9) Product suitabilityAll product data in our catalogs or other documents should be considered for informational purposes only and represent approximate values that are generally accepted in the industry. The decision on the suitability of the product for its intended use must be made by the customer. The analysis of whether the product fits each particular situation should be carried out by the customer. Our technical staff will be able to advise on the suitability of a particular product.
10) ReturnsAll return orders will only be accepted when in original packaging and in accordance with the return confirmation approved in writing by JNF. As required by law, any return must be accompanied by a duplicate of the invoices that the products refer and a copy of the document confirming JNF’s acceptance. In cases where the return of goods are originated by an error attributable to the customer, costs will be charged for repackaging and re-storage of the goods, which will be at least 20% of the value of the goods, as well as the transportation cost regarding returns. Returns of goods are subject to devaluation of 15% and will only be accepted if made within 15 days of delivery of the respective goods. Products in good condition will be credited for the amount agreed upon acceptance of the return. Damaged products will not be credited and will be returned to the customer, who will bear their shipping cost. In case of unauthorized / unacceptable returns, JNF notifies the customer of the availability of the withdrawal products within 15 days. After this period JNF reserves the right to give the products its intended destination. Special products and changes to standard products cannot be returned.
11) QuantitiesWe reserve the right to adjust the quantities of the orders received to comply with the quantities per package.
12) Minimum orderThe minimum order value for the Export market is set at €500,00 Euro net. For orders below the amount of €25,00 Euro will be added as handling, packaging and administrative costs.
13) Payment conditionsAll credit operations must obtain credit insurance authorization. Maximum credit amounts will be set by our services. Our general payment terms are as follows: a) For all sales that are not inside the coverage of the credit insurance company or the value of credit is 0 or refused by the same, have to be made according the payment conditions payment in advance; b) In case of late payment over 60 days, our company reserves the right to cancel or suspend the delivery of orders from the same customer without the previous invoices being settled; c) Over 60 days, we reserve the right to charge default interest at the statutory moratorium rate plus five percentage points from the due date until full compliance . Cancel of credit whenever the customer’s payment history has fault records.
14) Property reservationUntil the outstanding debts are fully settled, we reserve the right to own the goods supplied.
15) JurisdictionAll questions arising from the interpretation or application of these general conditions of sale, and in general between JNF and its customers regarding their business relationship, shall be subject to the Gondomar Portugal Court.
16) Changes on sales conditionsThe general sales conditions can be changed at any time by unilateral decision of the JNF, only having an effect on sales made after its implementation.
17) Conditions of sale for professional distributorsTerms and conditions of sale are available for wholesale distribution professionals, which will be available upon request.