Terms and conditions of sale

The terms and conditions contained herein constitute the entire agreement between the Seller, JOLIET TECHNOLOGY SL (« JOLIET »), a Spanish registered company holding a capital of 8 000€, with its registered office address at Plaça d’Europa, 41 – 17600 FIGUERES (Girona) - SPAIN, and a trade registered number CIF B63850549 and its customer, the Buyer.
These terms will apply to any sales made by JOLIET. JOLIET will not be bound by any terms of customer’s order that are inconsistent with the terms herein. These terms shall not be modified except in writing, signed by the parties hereto.

 

 

 

Article 1 – Order – Price
Customers send an order to JOLIET for products taken from its sales catalog. JOLIET shall have the right to make substitutions and modifications of the specification of the product ordered by the customer if such product is no longer offered for sale by the date the order is received. JOLIET will not accept a customer’s order until payment is made by customer, as per terms of Article 2 here below.

Pricing of product shall be the price as stipulated on JOLIET pro forma invoice sent to the customer. JOLIET may change its pricing at any time without prior notice to customer, but such changes will not affect any accepted orders.

Article 2 – Payment terms
All orders are subject to the right of JOLIET to require of the customer payment of the invoice in advance of delivery and payment of such invoices shall be made payable to JOLIET TECHNOLOGY SL through bank transfer:

Bank references:
Account name: JOLIET TECHNOLOGY SL
IBAN Nbr: ES6921003717682200307436
SWIFT Nbr: CAIXESBBXXX
Bank Address: LA CAIXA - Plaça Cabrinetty 20
17520 - PUIGCERDA (Girona) - Spain

By derogation of the above terms, in the event the goods that have been ordered are not immediately available from stock, invoices shall be paid according to the following terms:
1) 40% deposit payment upon ordering
2) balance due when JOLIET send availability notice

If the customer fails to make advance payment when requested by JOLIET, the customer will be liable, without any formal notice, to pay interest accrued on overdue invoices at the rate of one and one-half percent (1½%) per month, or according to amount allowed by law. In addition, JOLIET shall keep the right to appeal to any other compensation it may be entitled to in law, and to take legal action against the customer.
JOLIET will apply no discount for a cash payment or a payment made prior to the invoice date.
JOLIET is not obliged to supply the goods until payment is made by customer as per the terms hereof
Article 3 - Delivery
Upon receipt of order, JOLIET will provide an estimate of lead-time until delivery. This is not a binding commitment but an estimate only. JOLIET shall not be liable for any delay or failure to deliver the goods within the estimated delivery time. Non-respect of estimated delivery time cannot cause any discount or compensation, whatever the causes, importance and consequences of the delay may be.
Goods can either be collected directly at JOLIET’s warehouse, or delivered by a carrier. If delivered by a third party, transportation shall be at the exclusive expense of the customer. All such freight and insurance costs shall be for the customer’s account. Risk of loss or damage shall pass to customer upon delivery to or collection of the goods by the transportation company at JOLIET warehouse. JOLIET will not be held responsible for delivery.

If, one month after their reception by JOLIET, goods have still not been collected, JOLIET is entitled, without any further notice, to invoice storage fees to customer each month, standing at 10% of the value of the products ordered and not collected.

Article 4- Order cancellation
The Customer cannot cancel any order after JOLIET has accepted an order. In case of order cancellation prior to that date, by written notification, an allowance of cancellation accounting to 40% of the selling price can be required. Order cancellations may be subject to cancellation penalties and the monies the Customer has already paid can be used as compensation. This compensation may include any costs and committed expenditure undertaken by Joliet with respect to the cancelled order. Reimbursement of monies received by Joliet will be in the form of a credit note only.

Article 5 – Limitation of liability
Joliet offers a non-transferable warranty which is made to the original customer only for a period of two years from the date of invoice, with the exception of inverters and controllers (not exceeding six months), and LED lighting products (one year).

However, JOLIET makes no warranty in case of non respect of general instructions for use and installation provided with the Goods, or for the following (non-exhaustive) reasons:

● damage caused to the product due to external causes (lightning, strong winds, earthquake, flood, bumping, dropping, bad handling or handling error, excessive humidity or heat wave…),
● damage due to corrosion or gradual deterioration of the Product, or due to a bad electricity connection or supply,
● damage involving the responsibility of a third party, or resulting from a deliberate fault or malicious intention,
● damage occurring after the goods have been connected, installed, used or adjusted otherwise than in accordance with the instructions provided by JOLIET or due to a faulty installation not complying with current profession standards,
● damage occurring after the goods have been repaired, worked on, or altered by persons not authorized by JOLIET, or unknown to Joliet.

JOLIET will invoice the customer any transport costs of the product, any trip and intervention of the technician due to any damages out of warranty scope.
No technical intervention will take place where products have been installed in countries with security and/or health hazards .

Article 6 – Force majeure or Act of God
All and any of JOLIET contractual obligations shall be suspended without further notice, and JOLIET shall not be liable for any delay or failure in its performance caused by or resulting from acts of God, war, riot, government importation reduction, shortage supplies, accident, strikes, labour difficulties, equipment failure, goods transportation delay, or other occurrences beyond JOLIET’s reasonable control or due to unforeseen circumstances that may prevent the execution of the contract within normal conditions.

Article 7 – Ownership
If goods are delivered without prior full settlement of customer’s invoice, these goods shall remain JOLIET property until their full settlement. JOLIET retains the right to collect these goods without notice wherever they may be.

Article 8 – Applicable law – Jurisdiction
As fully agreed by both parties, these terms shall be governed by and construed under the applicable laws of Spain.

In case of any litigation, each party shall endeavour to reach an amicable settlement. In case of an enduring disagreement, JOLIET and customer hereby irrevocably and unconditionally submit to the jurisdiction of the court of Figueres, being the place where the customer’s order has been received/accepted - and the court competent to hear appeal there from.