Article 1. Applicability
1.1 These General Terms and Conditions apply to all offers and agreements entered into and concluded by JMT Rental Furniture and Floor Coverings, JMT Nederland BV, as well as JMT Floorcoverings Prinsenland BV, hereinafter referred to as JMT, with any client, to the extent these General Terms and Conditions have not been explicitly diverged from by JMT in writing
1.2 If the applicability of these General Terms and Conditions is agreed they shall also apply to the future lawful relationship between JMT and the client.
1.3 These General Terms and Conditions shall also apply to all agreements entered into and concluded between JMT and its client, for which the execution thereof requires the deployment of third parties.
Article 2. Offers, tenders, estimates and agreements
2.1 No rights may be derived from tenders issued by JMT. The tenders are non-binding estimates unless explicitly stated otherwise.
2.2 JMT prepares its price lists with the greatest possible care. Nonetheless, it remains entitled to amend its prices after an agreement has been entered into and concluded as a consequence of errors in the price list.
2.3 A client is first bound by an agreement if and to the extent JMT has sent the client a written order confirmation or once JMT has commenced the execution of the agreement and the client has made it possible for JMT to execute the agreement.
Article 3. Delivery-Supply
3.1 The delivery or supply time provided by JMT shall commence on the last of the following times:
- the day on which the agreement is entered into and concluded;
- the day on which the information is received which is required for the execution of the agreement, or the day on which the documents required are received, etc.;
- the day any pre-paying which may have been required, such as described in the order confirmation shall have been received;
3.2 Delivery or supply times shall be solely indicative and may never be deemed to be deadlines, unless otherwise agreed in writing.
3.3 Should force majeure apply or should other circumstances prevail which are by nature such as to prevent JMT from being required, in all reasonableness (timely) performance by JMT, the delivery-supply time shall be extended and prolonged by a time period which equals the time period those circumstance continue to prevail.
3.4 In these General Terms and Conditions force majeure includes strikes, staff illnesses, measures imposed by government, civil wars, terrorist attacks, natural disasters, unforeseen traffic situations and delays to deliveries and supplies to be made by sub-contractors.
3.5 JMT may deliver or supply in parts.
3.6 The client shall be bound to accept the rented goods or the good sold at the time at which delivery or supply thereof is made to the client or at the time those goods are made available to the client in accordance with the agreement.
3.7 If the goods supplied differ in subordinate ways from models shown in documentation, this shall not release the client from its obligation to accept the goods.
3.8 The rented goods or the goods sold shall be deemed to be in perfect condition by the client unless at the time of delivery or supply this shall have been otherwise determined in writing as a description of flaws.
3.9 The client shall guarantee that the agreed venue for delivery or supply or the venue of returning goods shall be readily reachable, free from obstacles and also be clean and dry. When the delivery or supply or the return of goods is delayed or made impossible due to the client remaining in default in that connection, the additional costs incurred as a result thereof shall be reimbursed by the client to JMT. The price stated in the tender or estimate assumes delivery and supply being made at ground floor level and also assumes use may be made of a suitable floor for placing pallets. JMT shall remain entitled to charge additionally for if delivery or supply is made elsewhere than at ground level and/or if the floor is unsuitable for pallets.
Article 4. Rental price, purchase price
4.1 Unless explicitly otherwise mentioned all prices are in Euros and do not include any sales tax due nor do they include other levies imposed by government.
4.2 If the total of the orders amount, for a single day for a trade fair to be visited by JMT is less than € 300.00, an administration supplement shall be charged of € 35.00.
4.3 If the total amount of orders for one day at a company address is less than € 300.00, JMT shall charge for transport costs, which shall amount to € 150.00.
4.4 If goods are delivered and supplied to a venue but not on the agreed return date, JMT shall charge for the additional rental period or the costs incurred for transport which was impossible shall be charged for (at the discretion of JMT).
4.5 Amending the agreement or additional work in the framework of the agreement shall entitle JMT to charge the client for all costs which arise therefrom at the customary prices applied by JMT.
4.6 If the trade fair or event is visited by JMT, the transport costs and the costs incurred for delivering goods tot he agreed venue within the Netherlands shall be for the account of JMT. All deliveries and transports made to venues outside the Netherlands shall be for the account of the client, unless otherwise agreed in writing.
4.7 JMT is entitled to deploy third parties in executing the assignment, the costs of which shall be passed on to the client in compliance with the estimate provided.
4.8 Costs incurred by JMT for a client, charged by trade fairs, etc., shall be for the account of the client and shall be passed on to the client without prior consultation.
Article 5. Payments
5.1 All invoices shall be paid by the client in accordance with the payment conditions referred to on the invoice. Should no such conditions apply, payment shall be made within 30 days after the invoice date, without any discounts being applied or any off-setting.
5.2 In default of payment being made within the payment period, the client shall be deemed to be in default and shall be – without any notice of default being required to be issued – due to pay – from the date default takes place – interest amounting to 1% per month, in which connection, a part of a month shall be deemed to be a full month. If however lawful interest is higher than 1% per month, the client shall be due to pay the higher rate of lawful interest.
5.3 JMT shall always remain entitled to require the client to provide sufficient financial guarantees for the performance of its payment obligations and do so prior to those payment obligations become due and do so in a manner which JMT deems to its satisfaction, or, remain entitled to require pre-payment of the rental price and to postpone the performance of its own obligations. If the client refuses to provide the security required, JMT shall be entitled to terminate the agreement effective immediately and the client shall be bound to indemnify JMT for any damage sustained by JMT and reimburse JMT for loss of profits.
5.4 If the client remains in default in connection with its payment obligation(s) and if JMT gives its receivable to a collection agency, the client shall be bound to reimburse the out of court costs incurred by JMT which shall amount to a minimum of 15% of the principal.
5.5 Payments made by the client shall first be deemed to cover the interest due and the out of court costs incurred and thereafter the invoices due which have remained unpaid the longest, even if the client makes reference on those payments made to other destinations.
Article 6. Ownership Retention
6.1 The goods rented out by JMT shall remain its property. In connection with goods which JMT sold to the client, JMT shall retain ownership thereof until the client has paid JMT the purchase price, including interest and costs.
6.2 The client shall not be entitled to alienate the goods, use them as collateral, rent out the goods or establish a right of lien or pledge on the goods while the retention of ownership applies to those goods. The client shall therefor not be entitled to provide third parties with any right of security in connection with gods sold, the purchase price for which goods has not been paid in full as well as any interest due and any out of court costs due.
Article 7. Liability on the part of the client
7.1 Rented goods remain for the account and risk of the client after supply is made thereof until the moment in time those goods are de facto in the possession again of JMT.
7.2 The client shall remain liable during this period for theft, loss or damage to the rented goods.
7.3 Any damage to rented goods due to loss, theft or damage shall be reimbursed by the client at replacement value. The client shall insure its risk in this connection for its account and do so sufficiently.
7.4 The client shall indemnify JMT for all liability for damage caused by the use of the rented goods during the rental period.
7.5 The rented goods may solely be used for the purpose for which they are intended when entering into the rental agreement. Other use made thereof shall give JMT the right to terminate the agreement with the client, effective immediately, without any prior notice of default being required to be issued, and, shall entitle JMT to take back the goods.
7.6 Liability in the sense of this article shall not release the client from its obligation to pay the agreed rental price.
Article 8. Complaints and guarantee
8.1 JMT supplies goods of good trade quality. Without prejudice to the limitations referred to in these General Terms and Conditions, JMT guarantees that the goods supplied by JMT are fit and proper providing all instructions concerning the use made thereof are strictly complied with and carried out.
8.2 The client may not invoke a flaw in performance unless, within 8 days after discovering that flaw, or when in all reasonableness it could have been discovered, a written complaint is submitted in connection therewith.
8.3 If the goods supplied fail to meet the terms of the agreement, JMT shall either guarantee the repair of the goods supplied or at its discretion replace the goods supplied, or supply any missing goods. Deliveries made which are 5% more or less than the ordered quantities shall not be deemed to be shortcomings.
8.4 If a flaw arises in that supplied during the rental period, JMT shall do everything in its power to repair this flaw, but solely to the extent this may be required of it in all reasonableness and if the flaw arose outside the scope of culpability on the part of the client.
8.5 Return shipments intended for replacements or repair of the rented good shall be for the account and risk of JMT and always only after JMT has granted permission for this.
8.6 Complaints about invoices are to be submitted within 8 days after receipt thereof and also shall be required to be submitted in writing.
8.7 In executing the assignment, minor differences may arise in terms of dimensions and/or colour, as a consequence of different production dates used by producers. JMT shall do everything in its power to perform in accordance with the terms of the assignment but shall not be liable for minor differences of dimensions or colour.
Article 9. Liability on the part of JMT
9.1 JMT is in no manner liable for damage which occurs on the rented goods or the goods sold, or when those goods in whatever manner fail to meet the terms of the agreement, unless deliberate acts are the case or gross negligence.
9.2 JMT is not liable for damage to items which are left by the client in cabinets, cupboards, display units, desks and other rented goods.
9.3 If any stipulation of law would require JMT to payment compensation for damage, that liability shall be limited to its liability insurance and shall hence have a ceiling to the amount paid out by the insurer.
9.4 If it is determined that JMT is liable for damage not covered by the insurance, that damage shall be limited to a maximum of twice the amount the client was due to pay JMT in the framework of the agreement.
9.5 JMT shall never be liable for consequential damage sustained by the client or third parties.
9.6 The exclusion of liability referred to in this article also includes third parties deployed for the execution of the agreement by JMT.
Article 10. Cancellation and dissolution
10.1 The client shall be entitled to cancel the assignment to rent and rent out goods if this is done at least 3 working days prior to the commencement of the rental period and if it is done in writing and providing the rented goods have not already been delivered to the agreed venue. In the event of such a cancellation, JMT is entitled to charge a maximum of 5% of the total rent.
10.2 If the client has cancelled the assignment to rent and rent out goods at least three working days prior to the commencement of the rental period, but the rented goods have already been delivered, the client shall be due to pay 50% of the total rental price due to JMT, without prejudice to the right retained by JMT to claim reimbursement for the actual damage and further costs.
10.3 Without prejudice to that determined above in these General Terms and Conditions, the agreement shall be dissolved, without judicial intervention by means of written declaration, at the time at which the client is declared bankrupt, applies for suspension of payments or when its assets are frozen, or which it is placed in administration or when the Dutch Debt Clearance Act for natural persons applies or when the client in some other manner loses control of its assets or parts thereof, unless the trustee or administrator acknowledges the obligations arising out of this agreement as debts which number among the estate payables.
10.4 Dissolution renders the payables due immediately. The client shall be liable for any damage sustained as a result thereof by JMT, including loss of profits and costs incurred, as well as transport costs.
Article 11. Termination
11.1 The agreement to rent and to rent out shall terminate once the rental period shall have expired. The client shall be bound to return the goods in a proper manner at the designated venue for returning goods, after notice shall have been given as to the time at which the goods shall be returned.
11.2 Rented goods are to be in the possession of JMT within 24 hours after the expiry of the rental period.
11.3 If, after the termination of the rental period, the goods may not be received by JMT as a consequence of a circumstance which is for the account and risk of the client, the client shall be bound to return the goods immediately and do so for its own account.
Article 12. Disputes and applicable law
12.1 All agreements to which these General terms and Conditions have been declared applicable shall be subject to and governed by Dutch law. The stipulations of the Vienna Treaty of 11th. April 1980, Treaty Gazette, 1986, nr. 61 shall be excluded. In connection with agreements as referred to in Article 6:247 section 2 of the Dutch Civil Code, it shall be explicitly determined that chapter 3, title 5 of book 6 of the Dutch Civil Code shall remain inapplicable.
12.2 The exclusion, withdrawal or overturning of one of these General Terms and Conditions or a part thereof shall have no effect whatsoever on the applicability and the content of the remaining General Terms and Conditions.
12.3 Each and every dispute between JMT and a client which arises out of an agreement to which these General Terms and Conditions applies shall be brought before the competent judge within the jurisdiction of the venue opted for by JMT, irrespective of its authorization to opt for a judge deemed competent to rule in accordance with the law.
Article 13. Privacy declaration
13.1. This privacy declaration is intended to inform you as a visitor or user of the JMT web site as to our working methods concerning the collection, processing and storage of data which we collect further to the use you make of our web site. JMT uses this information only for activities related to its business purposes. Personal data about clients and visitors shall be treated with the greatest care and secured according to the current demands imposed by law.
We always act in processing personal data in compliance with the Dutch Protection of Personal Data Act and the Dutch Telecommunications Act.
13.2. It is possible that JMT uses your data to inform you via an e-mail about (your use) of our services.
13.3. Your personal data shall not be provided to third parties unless we deploy a third party to execute an assignment granted by JMT to fulfil our business purposes. If a third party renders services having been assigned to do so by JMT, this privacy declaration is accordingly applicable.
13.5. There are various possibilities to amend your personal data and the use made thereof. You may e-mail: email@example.com. Should you wish to review the data which JMT has collected about you, you may issue a request for a review using the same e-mail address.
13.6. If you wish that your data is not to be used for certain purposes such as receiving special JMT offers, you may de-register by replying to the e-mail received or by sending an e-mail to info@JMT.nl.
13.7. Your personal data shall be retained for a maximum period of two years after your account has been terminated unless the law imposes another legal period for data retention. JMT shall retain the right to make amendments to this privacy stipulation.