Terms and conditions
GENERAL TERMS AND CONDITIONS JUMP FACTORY B.V.
- These general terms and conditions apply to all offers made by Jump Factory B.V. and to all agreements for the execution of work, purchase and sale entered into by Jump Factory with third parties. Any deviating agreements must be confirmed in writing. When Jump Factory is referred to below, it is understood to mean Jump Factory B.V.
Offers and agreements
- Prices and quotations are always non-binding, unless the price has been explicitly agreed in writing.
- Agreements are only concluded through written order confirmations from Jump Factory or through (commencement of) actual performance of the work by Jump Factory.
- Orders are binding if made directly to Jump Factory or to a representative of the same.
- Unless otherwise agreed, Jump Factory shall be held to honour its offer for a period of 30 days, without prejudice to the provisions applicable to these general terms and conditions of delivery.
- The dimensions, weights, colours, technical data, texts, photographs, and any other similar information provided by Jump Factory in an offer, the Agreement and/or the Website are exclusively descriptive in nature. The Customer cannot derive any rights in any way whatsoever from this information and deviations from the Product and/or the Service in relation to this information. Deviations are permitted and do not imply in any way whatsoever that the Supplier will not fulfil its obligations under the Agreement as a result, unless the nature and/or scope of the deviations are such that it can no longer be assumed that Jump Factory can (still) be expected to fulfil its (primary) obligations under the Agreement by means of the deviating delivery. Customers are not entitled to lodge a complaint or claim any other rights to compliance and/or compensation as a result of deviations from the information provided by Jump Factory.
Transport, delivery time, goods
- The prices quoted include carriage paid delivery to a single address in the Netherlands or Belgium. Transport costs will be charged for deliveries to countries other than those stated above.
- Delivery dates are based on agreed deadlines. Other rights of the buyer, such as order cancellation after the agreed deadline has been set, and, in particular, claims for compensation for damage caused by late delivery or commissioning, are excluded.
- Jump Factory is permitted, if necessary, to provide partial deliveries. With regard to partial deliveries, provisions for the delivery of the entire order apply in full.
- Goods and other defects that do not meet the requirements as stated in the agreement must be reported in writing within 24 hours. If this is not done, the goods shall be considered to have been accepted. Hidden defects must be claimed immediately upon discovery, but within a maximum period of three months upon receipt of the goods. Claims for compensation in connection with defects are limited to remedying the part in question or to subsequent delivery of a replacement part within a set period of time. Parts for which a claim has been made may be returned upon Jump Factory’s request. Jump Factory shall not be held liable for consequential damages, such as transport costs, resulting from defects.
- Jump Factory is never liable for defects to the Product which it was not aware of and/or was not expected to be aware of.
- Minor and/or unavoidable deviations from the Product shall never constitute grounds for claims.
Risk & Insurance
- The risk of the Product shall pass to the Customer at the time the Product is made available to the Customer. This is the case if the Customer has obtained actual authority over the Product.
- As an exception to the provisions of Article 5.1, in the event that Jump Factory provides transport of the Product to and/or for the benefit of the Customer pursuant to the provisions of the Agreement, the risk of the Product passes to the Customer at the moment the transport commences. The Customer is aware that in this respect he/she is responsible for ensuring that the Product is adequately insured.
- Jump Factory holds a customary corporate liability insurance policy. If the Customer wishes to enquire about the extent of that insurance coverage, he/she may contact Jump Factory. This corporate liability insurance does not necessarily cover every risk of damage resulting from use of the Product. From the moment at which the Customer bears the risk of the Product and/or has the Product in his/her possession (pursuant to the Agreement or otherwise), the Customer is obliged to take out adequate insurance against the risk of damage as a result of the use of the Product suffered by the Customer or by third parties, irrespective of whether there is property damage, personal injury, consequential damage, trading loss or any other damage whatsoever.
- Jump Factory warrants that the item delivered shall be free from defects in material or workmanship for one year from the date of delivery.
- Jump Factory’s warranty on the item includes the repair of defects in material or workmanship occurring within the warranty period, through repair or replacement of parts, at Jump Factory’s discretion. The warranty excludes:
– the cost of any diagnostic time and diagnostic tools;
– costs attributable to normal wear and tear;
– the replacement of consumables;
– travel expenses and applicable rates if warranty service is provided on site.
– transport costs (warranty rights are always ‘ex works’ at the Jump Factory workshop in Nijmegen, the Netherlands).
- To enable Jump Factory to fulfil its obligation, the buyer shall promptly provide Jump Factory with an accurate written statement of the nature of the alleged defect and shall provide Jump Factory with all other information requested.
- Apart from the warranty described in this article, no other warranty obligations, either explicit or implicit, apply to Jump Factory. The warranty only applies to newly delivered items; disassembled parts do not qualify for warranty.
The warranty is void if:
– repair of a defect is carried out by non-Jump Factory personnel or by third parties not authorised by Jump Factory.
– theft of parts, disruptions, water damage, lightning strikes, molestation and vandalism, large electrical mains voltage, fluctuations, excessive heating, fire and smoke damage or abnormal environmental conditions;
– due to careless or incompetent use of the item and negligence in following instructions, which shall be the sole responsibility of the buyer and shall not be covered by the warranty as described above.
- Notwithstanding item 16, Jump Factory provides an additional 4-year warranty against manufacturing defects of the seams on new bouncy cushions, obstacle courses and slides to the extent that the Customer uses the products seasonally, taking into account professional and careful use in accordance with Customer’s user manual. Excluded from this extra warranty are companies and institutions that use the products on a (nearly) daily basis, such as playgrounds and indoor playgrounds.
- The extra repair service means that the delivered item can be repaired free of charge at the Jump Factory office for up to five years from the date of delivery. This extra service excludes:
– materials used to carry out the repair;
– the replacement of consumables;
– travel expenses and applicable rates if warranty service is provided on site.
- Transportation costs to and from Jump Factory are borne by the buyer.
- The period within which the repair will be carried out depends on Jump Factory’s availability and schedule.
- All delivery periods specified by the Supplier are approximate, unless it has been expressly agreed between the Customer and the Supplier that a delivery period is binding.
- A delivery period shall not commence until Jump Factory has received an agreed advance payment from the Customer.
- The Customer waives any right to compensation if the Supplier exceeds a delivery period.
- The products are deemed to have been delivered on the first of the two occasions on which either Jump Factory has notified the Customer in writing or the Customer has actually received the products.
- After the expiry of the agreed warranty period, Jump Factory will no longer be liable for any defect or damage to the delivered products.
Retention of title
- As long as payment has not been made in full, the goods delivered will remain the property of Jump Factory and can be taken back at any time, while the relevant Customer will be obliged to return these goods carriage paid immediately on demand. All costs incurred in this respect will be recovered from the Customer, including the damage to turnover of goods suffered for that period.
- Jump Factory shall never be obliged to pay any compensation for damage of any kind, direct or indirect, including business damage to movable or immovable property, or to persons, both at the buyer’s premises and at the premises of third parties. This is subject to intent or gross negligence on the part of Jump Factory or those for whom Jump Factory is liable, provided the buyer can prove this. In any event, Jump Factory shall not be liable for any damages incurred or caused by the improper use of the goods supplied by the buyer, or any third parties.
- Jump Factory shall not be liable for any damage that may occur to any property on which Jump Factory has performed, is performing, or will perform work, as well as for what is in or is part of that property, regardless of whether such damage is caused by persons employed by Jump Factory or by persons deployed by Jump Factory in any other way. In this respect, it is irrelevant whether the property is located at the Jump Factory or elsewhere.
- This limitation of liability shall apply if and to the extent that Jump Factory’s liability insurers do not provide cover for damages caused to the buyer and/or third parties.
- If, for whatever reason, Jump Factory is obliged to provide compensation for any damage, such compensation shall never exceed an amount equal to the invoice value relating to the defective goods that caused the damage. In the case of partial deliveries, Jump Factory is liable to pay damages up to a maximum of the relevant portion of the invoice amount.
- Furthermore, any claim against Jump Factory shall expire by the mere lapse of one year after a claim has arisen unless an action against Jump Factory has previously been brought in this respect.
- The buyer shall indemnify Jump Factory, its personnel or persons employed by or on behalf of Jump Factory against all claims by third parties, or compensation for any damage suffered by such third parties, caused by or otherwise related to items originating from Jump Factory.
- The Customer accepts the fact that the use of the Product may involve risks. In this regard, the Customer is obligated to use the Product in the manner specified and prescribed by Jump Factory. The Customer shall at all times be required to strictly follow any instructions given by Jump Factory, in particular the written instructions provided to the Customer by Jump Factory as an attachment or otherwise. Failure to use the Product in the prescribed manner shall nullify any right to compensation for any damage whatsoever suffered by the Customer.
- The payment conditions are always 100% delivery in advance, unless explicitly agreed otherwise in writing.
- The payment term, following a signed order, is within 14 days by bank, unless otherwise agreed in writing.
- If payment in instalments has been agreed upon, such payment shall be made no later than ten days after the date on which Jump Factory has sent an invoice to the Customer.
- If any payment is not made on time, the buyer shall be in default and Jump Factory shall be entitled to collect the amount due to it without further notice of default. All related out-of-court costs shall be borne by the buyer, unless Jump Factory elects to fix these costs at 15% of the amount due.
- Agreed prices are based on the basic prices of materials, goods, shipping and transport costs, wages, insurance premiums, fiscal charges, import duties and other price determining factors, valid on the day of the agreement’s conclusion. If any increase in price-determining factors as stated in the preamble to this article occurs prior to delivery – even if this occurs as a result of circumstances foreseen or unforeseen at the time of concluding the agreement – Jump Factory shall be entitled, at its discretion, either to charge the Customer and/or buyer a proportional increase, or to cancel the agreement to the extent that it has not been performed.
- When materials, raw materials, goods and other items are made available by the Customer and/or buyer for the execution of the assignment, Jump Factory has the right to include in its price calculation a maximum of 20% of the cost price of the supplied materials, raw materials, goods and/or items.
- The Customer is authorised to suspend or cancel the execution of the work in whole or in part. If this is done for reasons other than Jump Factory’s failure to execute the delivery in the agreed manner, Jump Factory shall be entitled, in addition to any overdue instalments, to full compensation for damages and, in the event of cancellation, to compensation for loss of profit, set at 15% of the agreed sum, or the unpaid portion thereof, less any costs not incurred by Jump Factory as a result of the termination.
- If Jump Factory fails to comply with its obligations, the Customer shall declare the former to be in default in writing, setting it a reasonable period of time within which Jump Factory must still deliver the agreed material. In the event that Jump Factory remains negligent, the Customer is entitled to cancel the order, without the Customer being entitled to compensation.
- All agreements concluded between the Customer and/or buyer and Jump Factory shall be governed exclusively by Dutch law. All disputes arising between the Customer and/or buyer and Jump Factory shall be submitted to the competent court under whose jurisdiction Jump Factory falls.
- Catalogues and/or drawings etc. provided by Jump Factory, as well as attachments that may be the subject of any intellectual and/or industrial property right or a similar right, shall remain the property of Jump Factory.
- In the event that goods are manufactured based on drawings, models, samples, or other instructions in the broadest sense of the word, received from the buyer, the buyer shall fully guarantee that no trademark, patent, utility model, trade model, or any other right of a third party is affected by the manufacture and/or delivery of these goods, and shall indemnify Jump Factory in respect of all claims by any third party.
- Jump Factory does not transfer to the Customer any intellectual property rights of any kind in connection with the Product. The sole purpose of delivery of the Product is to grant the Customer a right of use to the Product itself. The Customer warrants that the Supplier’s intellectual property rights in or related to the Product shall always be respected.
Additional work and/or less work
- Additional work and/or less work shall be settled on an equitable basis. Additional work generally includes all work and deliveries that are not included in the agreement and that are required by the buyer.
- The court in Arnhem shall have exclusive jurisdiction to hear disputes, unless the Subdistrict Court has jurisdiction. Nevertheless, Jump Factory remains entitled to summon the buyer to appear before the court having jurisdiction under the law or convention.
- Any agreement between Jump Factory and the buyer shall be governed by Dutch law.