Terms & Conditions
1. Scope of application
1.1. These general terms and conditions of sale (hereinafter: the “Conditions”) apply to all quotations, order confirmations, sales and deliveries of goods and services by Jo Beau Products BV (hereinafter: “Jo Beau”).
1.2. These Conditions apply to all categories of customers, including but not limited to:
dealers and retail partners;
rental companies;
distributors and importers;
professional and non-professional end customers.
1.3. Deviations from these Conditions shall only be valid if they have been accepted in advance and in writing by Jo Beau.
1.4. The applicability of any terms and conditions of the customer is expressly excluded.
2. Quotations and orders
2.1. All quotations issued by Jo Beau are non-binding and valid for a period of thirty (30) calendar days, unless expressly stated otherwise.
2.2. Orders shall only be binding after written order confirmation by Jo Beau.
2.3. Cancellation of an order by the customer is only possible with the prior written consent of Jo Beau and may give rise to cancellation charges.
3. Prices
3.1. All prices are expressed in euro (EUR) and are exclusive of VAT, transport, insurance, import duties and other charges, unless expressly stated otherwise.
3.2. Jo Beau reserves the right to adjust prices in the event of an increase in costs (including raw materials, wages, energy, transport or exchange rates).
3.3. Only price lists and catalogue prices published by Jo Beau are valid.
4. Payment terms
4.1. Payment is only possible by advance payment or direct debit, unless otherwise agreed in writing.
4.2. All payments must be made in euro (EUR).
4.3. For orders of B-machines and/or (combined) orders with a total net value exceeding EUR 50,000, a down payment of the net amount is due upon order confirmation.
4.4. The down payment is non-refundable in the event of cancellation by the customer.
4.5. All bank charges, transfer costs and exchange rate costs shall be borne entirely by the customer.
5. VAT and international transactions
5.1. VAT shall be applied in accordance with the applicable VAT legislation, taking into account (i) the status of the customer (B2B or B2C) and (ii) the country of delivery or destination of the goods.
5.2. For professional customers (B2B), VAT may be reverse-charged or not charged, provided that the legal conditions are met, including the provision of a valid VAT number.
5.3. For non-professional end customers (B2C), VAT shall always be due in accordance with the applicable regulations.
5.4. Deliveries outside the European Union, including but not limited to the United Kingdom and Switzerland, are considered exports. These deliveries are made exclusive of European VAT. All import duties, taxes, customs costs and formalities shall be borne entirely by the customer.
6. Delivery and transfer of risk
6.1. All deliveries are made Ex Works (EXW) Jo Beau, Incoterms® 2020, unless otherwise agreed in writing.
6.2. The risk shall pass to the customer at the moment the goods leave Jo Beau’s warehouse.
6.3. Transport, insurance and export or import formalities are in principle the responsibility of the customer. If Jo Beau, at the customer’s request, handles (part of) these formalities, a fixed administrative fee may be charged in accordance with the applicable rates at that time.
6.4. Stated delivery times are indicative and non-binding.
7. Retention of title
7.1. All delivered goods remain the property of Jo Beau until full payment of the principal amount, interest and costs.
8. Inspection and complaints
8.1. The customer must inspect the goods immediately upon delivery.
8.2. Visible defects or damage must be reported in writing immediately.
8.3. Complaints relating to invoices must be submitted in writing within eight (8) calendar days after receipt.
9. Warranty
9.1. Jo Beau grants warranty exclusively for hidden defects and in accordance with Jo Beau’s separate warranty conditions, as published on Jo Beau’s website and/or available upon simple request.
9.2. The warranty is in principle limited to the repair or replacement of defective parts, at Jo Beau’s discretion.
9.3. Jo Beau may, in whole or in part and in accordance with the warranty or service compensation scheme applicable at that time, reimburse labour hours related to a warranty intervention. Only interventions approved in advance by Jo Beau shall be eligible. Jo Beau autonomously determines the number of accepted and reimbursable labour hours.
9.4. Unless expressly confirmed in writing, consumable parts, transport costs and indirect damage shall not be reimbursed.
9.5. Warranty conditions may vary depending on the type of customer and/or the country of delivery.
9.6. If, in the context of a warranty claim, it appears that the defect is wholly or partially the result of incorrect assembly, installation, use or maintenance by the customer or by third parties (including dealers, rental companies, distributors or importers), Jo Beau reserves the right to charge all related costs to the customer.
9.7. The warranty period of one (1), three (3) or four (4) years shall only be recognised provided that the purchaser has the machine inspected annually by the dealer from whom the machine was purchased or by a dealer officially authorised by Jo Beau. During the warranty period of one (1), three (3) or four (4) years, only original Jo Beau spare parts may be used.
9.8. The warranty shall only be granted if the machine is properly registered in Jo Beau’s systems.
10. Services, service and labour hours
10.1. Technical interventions, repairs outside warranty, machine commissioning and technical support are charged at a rate of EUR 75 per hour, excluding VAT.
10.2. Travel and transport costs are charged separately and on a lump-sum basis. These costs may include, among others, travel by representatives or technicians for interventions, training or commissioning of new machines at dealers or end customers, and are invoiced in accordance with the lump-sum rates applicable at that time.
10.3. A customer with a technical problem with a machine, both within and outside the warranty period, must always be assisted. The relevant dealer, rental company, distributor or importer shall act as first-line support. Jo Beau acts as second-line support and initially provides remote assistance (by telephone and e-mail). If necessary, Jo Beau may decide that the machine be returned to Jo Beau’s headquarters for intervention or diagnosis.
10.4. If, during an intervention or diagnosis at Jo Beau’s headquarters, it is established that the defect is covered by warranty, Jo Beau shall accept the warranty in accordance with its warranty conditions. If it appears that the defect is not covered by warranty, all related costs, including but not limited to diagnosis, labour hours, transport, travel, administration and return shipment, shall be charged to the customer and must be paid in advance.
10.5. If, during an inspection or repair, it is established that a machine deviates from the original design because it has been modified, repaired, adapted or manipulated by the customer or by third parties without Jo Beau’s prior written approval, or if non-original parts have been used, Jo Beau cannot be held liable for the identified defects or consequential damage and all related costs shall be charged to the customer.
11. Liability
11.1. Jo Beau’s liability is limited to direct damage.
11.2. Jo Beau shall never be liable for indirect damage, including loss of profit, production loss or consequential damage.
11.3. In any event, Jo Beau’s liability is limited to the amount paid out by Jo Beau’s insurer.
12. Non-payment and suspension
12.1. In the event of non-payment or late payment, a late payment interest of ten percent (10%) per year shall be due by operation of law and without prior notice of default.
12.2. In addition, a lump-sum compensation of ten percent (10%) of the outstanding amount shall be due, with a minimum of EUR 100.
12.3. Jo Beau reserves the right to suspend deliveries or terminate the agreement.
13. Applicable law and competent court
13.1. All agreements are governed exclusively by Belgian law.
13.2. In the event of a dispute, only the courts of the judicial district of West Flanders, division Bruges, shall have jurisdiction.
14. Language
These general terms and conditions of sale were originally drafted in Dutch. In the event of any discrepancy, difference in interpretation or dispute between the Dutch version and a translation into another language, the Dutch version shall prevail.
