Terms and Conditions

General Terms and Conditions for Consumers (B2C)

Table of Contents:

  • Article 1 – Definitions
  • Article 2 – Applicability
  • Article 3 – Account and password
  • Article 4 – The Offer
  • Article 6 – Right of withdrawal
  • Article 7 – The Consumer’s Obligations during the Cooling-off Period
  • Article 8 – Exercise of the Right of Withdrawal by the Consumer and associated costs
  • Article 9 – JT-Products’ Obligations in the Event of Withdrawal
  • Article 12 – performance and Additional Guarantee
  • Article 14 – Long-term contracts: duration, termination and renewal
  • Article 15 – Payment
  • Article 16 – Use of products and liability
  • Article 17 – Complaints Procedure
  • Article 18 – Disputes
  • Article 19 – Additional or deviating provisions
  • Installation instructions

IMPORTANT!

JT-Products’ products are intended exclusively for off-road or track use. The use of our products on vehicles intended for use on public roads is strongly discouraged and may contravene local laws and regulations. By purchasing our products, you acknowledge that they are not intended for use on public roads.

JT-Products accepts no responsibility or liability for any damage or consequences arising from use on public roads. We strongly advise you to seek professional and technical advice in advance. Failure to follow these guidelines may lead to dangerous situations.

Article 1 – Definitions

In these terms and conditions, the following terms shall have the meanings set out below:

  • Supplementary Agreement: an Agreement whereby the Consumer acquires products in connection with a Distance Contract and these goods are supplied by JT-Products or by a third party on the basis of an arrangement between that third party and JT-Products;
  • Cooling-off Period: the period within which the Consumer may exercise their Right of Withdrawal;
  • Consumer: a natural person who is not acting for purposes relating to their trade, business, craft or profession;
  • Day: Calendar day;
  • Continuing Contract: a Contract providing for the regular supply of goods over a specified period;
  • Durable Medium: any medium – including email – which enables the Consumer or JT-Products to store information addressed personally to them in a way that allows for future reference or use for a period appropriate to the purpose for which the information is intended, and which allows for the unaltered reproduction of the stored information;
  • Right of Withdrawal: the Consumer’s right to withdraw from the Distance Contract within the Cooling-off Period;
  • JT-Products: the private limited company JT-PRODUCTS, registered with the Chamber of Commerce under number 94689962 and with its registered office at Geurdeland 17G (6673 DR) in Andelst, the Netherlands;
  • Agreement: any agreement concluded between JT-Products and the Consumer, any amendment thereto or addition thereto, as well as all (legal) acts in preparation for and in execution of that Agreement;
  • Distance Contract: a Contract concluded between JT-Products and the Consumer within the framework of an organised system for the distance sale of products, whereby, up to and including the conclusion of the Contract, exclusive or joint use is made of one or more means of distance communication;
  • Means of distance communication: a means that may be used to conclude a Contract without the Consumer and JT-Products having to be physically present in the same place at the same time;
  • Business Customer: any natural person or legal entity acting in the course of their profession or business and/or who is registered with the Trade Register of the Chamber of Commerce in the Netherlands or the Belgian Trade Register and/or who holds a business account created with JT-Products and with whom JT-Products enters into a Contract or to whom JT-Products makes an offer;

Article 2 – Applicability

  1. These general terms and conditions apply to every offer made by JT-Products and to every Distance Contract concluded between JT-Products and the Consumer. The applicability of any purchasing or other terms and conditions of the Consumer is expressly rejected.
  2. These Terms and Conditions expressly do not apply to Contracts with Business Customers.
  3. If one or more provisions of these Terms and Conditions are at any time wholly or partially void or are set aside, the remainder of these Terms and Conditions shall remain in full force and effect.
  4. If JT-Products does not at all times require strict compliance with these Terms and Conditions, this does not mean that the provisions thereof do not apply, or that JT-Products would in any way lose the right to require strict compliance with these Terms and Conditions in other cases.

Article 3 – Account and Password

  1. The Consumer may create an account to place an order on the website. To create an account, the Consumer must enter the following details:
    • Email address
    • Username (optional)
    • Password (chosen by the Consumer)
  2. An account may only be created once using a given email address. An account is strictly personal, non-transferable and linked to the Consumer who created and activated it.
  3. When creating an account, the Consumer provides a password (of their own choosing) and an email address. This password – in combination with the email address provided – is required to log in to the account and thus place an order.
  4. The Consumer warrants that the details provided to JT-Products in connection with their account and any subsequent orders are accurate, complete and up to date. The Consumer may amend their account details online by logging into their account.
  5. The consumer must treat the password confidentially and with care, and must take reasonable measures to prevent unauthorised persons from gaining knowledge of and using the password and/or their account.
  6. The Consumer must immediately report in writing to JT-Products any loss, theft or (suspected) misuse or unauthorised use of the password and/or the account by a third party. Until JT-Products has actually received this notification, the Consumer remains liable for any loss arising from the use made of the password and/or the account.
  7. If JT-Products ascertains or has reasonable grounds to suspect that unauthorised persons are using or may use the Consumer’s password and/or account, JT-Products is entitled to immediately block the Consumer’s account and password and to recover from the Consumer any loss suffered by JT-Products as a result, without JT-Products being liable for any loss incurred by the Consumer.

Article 4 – The Offer

  1. If an offer is valid for a limited period or is subject to conditions, this will be expressly stated in the offer.
  2. The offer contains a complete and accurate description of the products on offer. The description is sufficiently detailed to enable the Consumer to make a proper assessment of the offer. Where JT-Products uses images, these are a true representation of the products on offer. Obvious mistakes or errors in the offer are not binding on JT-Products.
  3. Every offer contains sufficient information to make it clear to the Consumer what rights and obligations are attached to the acceptance of the offer.

Article 5 – The Contract

  1. Subject to the provisions of paragraph 4, the Contract is concluded at the moment the Consumer accepts the offer and fulfils the conditions set out therein.
  2. If the Consumer has accepted the offer by electronic means, JT-Products shall immediately confirm receipt of the acceptance of the offer by electronic means. Until JT-Products has confirmed receipt of this acceptance, the Consumer may rescind the Contract.
  3. Where the Contract is concluded electronically, JT-Products shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a secure web environment. Where the Consumer is able to pay electronically, JT-Products shall observe appropriate security measures for this purpose.
  4. JT-Products may – within the legal framework – ascertain whether the Consumer is able to meet their payment obligations, as well as all those facts and factors that are relevant to the responsible conclusion of the Distance Contract. If, on the basis of this investigation, JT-Products has good grounds for not entering into the Agreement, it is entitled to refuse an order or request, stating its reasons, or to attach special conditions to its performance.
  5. In the case of a continuing performance contract, the provision in the previous paragraph applies only to the first delivery.

Article 6 – Right of withdrawal

  1. The Consumer may withdraw from a Contract relating to the purchase of a product during a cooling-off period of at least 14 days without giving any reason. JT-Products may ask the Consumer for the reason for withdrawal, but may not oblige the Consumer to state their reason(s).
  2. The cooling-off period referred to in paragraph 1 commences on the day after the Consumer, or a third party designated in advance by the Consumer who is not the carrier, has received the product, or:
    • if the Consumer has ordered multiple products in the same order: the day on which the Consumer, or a third party designated by them, has received the last product. JT-Products may, provided it has clearly informed the Consumer of this prior to the ordering process, refuse an order comprising multiple products with different delivery times.
    • if the delivery of a product consists of several consignments or parts: the Day on which the Consumer, or a third party designated by them, received the last consignment or the last part;
    • in the case of Contracts for the regular supply of products over a specified period: the Day on which the Consumer, or a third party designated by them, has received the first product.

Article 7 – The Consumer’s Obligations during the Cooling-off Period

  1. During the cooling-off period, the Consumer shall handle the product and its packaging with care. They shall only unpack or use the product to the extent necessary to ascertain its nature, characteristics and functioning. The basic principle here is that the Consumer may only handle and inspect the product in the same way as they would be permitted to do in a shop.
  2. The Consumer is only liable for any reduction in the value of the product resulting from handling the product in a manner that goes beyond what is permitted in paragraph 1.
  3. The Consumer shall not be liable for any reduction in the value of the product if JT-Products has not provided them with all the legally required information regarding the Right of Withdrawal either before or at the time of concluding the Contract.

Article 8 – Exercise of the Right of Withdrawal by the Consumer and associated costs

  1. If the Consumer exercises their Right of Withdrawal, they must notify JT-Products of this within the cooling-off period using the withdrawal form or by other unambiguous means.
  2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the Consumer shall return the product or hand it over to (an authorised representative of) JT-Products. This is not required if JT-Products has offered to collect the product itself. The Consumer shall in any event be deemed to have complied with the return period if they return the product before the cooling-off period has expired.
  3. The Consumer shall return the product with all accessories supplied, where reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by JT-Products.
  4. The risk and the burden of proof regarding the correct and timely exercise of the right of withdrawal lie with the Consumer.
  5. The Consumer shall bear the direct costs of returning the product. If JT-Products has not stated that the Consumer must bear these costs, or if JT-Products indicates that it will bear the costs itself, the Consumer need not bear the costs of returning the product.
  6. If the Consumer exercises their Right of Withdrawal, all Supplementary Agreements shall be terminated by operation of law.

Article 9 – JT-Products’ obligations in the event of withdrawal

  1. If JT-Products enables the Consumer to give notice of withdrawal electronically, it shall send an acknowledgement of receipt without delay upon receipt of such notice.
  2. JT-Products shall refund all payments made by the Consumer, including any delivery costs charged by JT-Products for the returned product and excluding any return costs incurred by the Consumer in returning the goods, without delay but within 14 days following the day on which the Consumer notifies JT-Products of the withdrawal. Unless JT-Products offers to collect the product itself, it may delay the refund until it has received the product or until the Consumer provides evidence that they have returned the product, whichever occurs first.
  3. JT-Products shall use the same payment method for the refund as the Consumer used, unless the Consumer agrees to a different method. The refund shall be free of charge to the Consumer.
  4. If the Consumer has opted for a more expensive delivery method than the cheapest standard delivery, JT-Products is not obliged to refund the additional costs associated with the more expensive method.

Article 10 – Exclusion of the Right of Withdrawal

JT-Products may exclude the following products from the right of withdrawal, but only if JT-Products has clearly stated this in the offer, or at least in good time before the conclusion of the Contract:

  1. Products whose price is subject to fluctuations in the financial market over which JT-Products has no influence and which may occur within the withdrawal period;
  2. Contracts concluded during a public auction. A public auction is defined as a method of sale whereby products are offered by JT-Products to the Consumer who is physically present or is given the opportunity to be physically present at the auction, under the direction of an auctioneer, and whereby the successful bidder is obliged to purchase the products;
  3. Products manufactured to the Consumer’s specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the Consumer, or which are clearly intended for a specific person;
  4. Products that are perishable or have a limited shelf life;
  5. Sealed products which, for reasons of health protection or hygiene, are not suitable for return and whose seal has been broken following delivery;
  6. Products which, by their nature, have been irrevocably mixed with other products following delivery;

Article 11 – Price

  1. During the period of validity stated in the offer, the prices of the products on offer will not be increased, except for price changes resulting from changes in VAT rates.
  2. Notwithstanding the previous paragraph, JT-Products may offer products at variable prices where the prices are subject to fluctuations in the financial market over which JT-Products has no influence. This dependence on fluctuations and the fact that any prices quoted are indicative prices shall be stated in the offer.
  3. Price increases within 3 months of the conclusion of the Agreement are only permitted if they result from statutory regulations or provisions.
  4. Price increases taking effect 3 months or more after the conclusion of the Agreement are only permitted if JT-Products has stipulated this and:
    • they result from statutory regulations or provisions; or
    • the Consumer has the right to terminate the Contract with effect from the Day on which the price increase takes effect.
  5. The prices stated in the product offer include VAT.

Article 12 – performance of the Contract and Additional Guarantee

  1. JT-Products guarantees that the products comply with the Contract, the specifications set out in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations in force on the date the Contract is concluded. If agreed, JT-Products also guarantees that the product is suitable for use other than normal use.
  2. Any additional guarantee provided by JT-Products, its supplier, manufacturer or importer shall in no way limit the statutory rights and claims which the Consumer may assert against JT-Products under the Agreement should JT-Products have failed to fulfil its obligations under the Agreement.
  3. The warranty does not cover defects in the items arising from normal wear and tear, or from damage resulting from circumstances beyond JT-Products’ control, including weather conditions or damage arising from improper use, transport, assembly and installation by the Consumer and/or third parties.
  4. ‘Extended warranty’ means any undertaking by JT-Products, its supplier, importer or manufacturer whereby it grants the Consumer certain rights or claims that go beyond what it is legally obliged to provide in the event that it has failed to fulfil its obligations under the Agreement.

Article 13 – Delivery and Fulfilment

  1. JT-Products will exercise the utmost care when receiving and fulfilling orders for products.
  2. The place of delivery shall be the address provided by the Consumer to JT-Products.
  3. Subject to the provisions of Article 4 of these general terms and conditions, JT-Products shall fulfil accepted orders with due diligence, but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the Consumer will be notified of this no later than 30 days after placing the order. In such a case, the Consumer is entitled to terminate the Contract free of charge and is entitled to any compensation.
  4. Following termination in accordance with the previous paragraph, JT-Products shall refund the amount paid by the Consumer without delay.
  5. The risk of damage to and/or loss of products remains with JT-Products until the moment of delivery to the Consumer or to a representative designated in advance and notified to JT-Products, unless expressly agreed otherwise.

Article 14 – Long-term contracts: duration, termination and renewal

Termination:
  1. The Consumer may terminate a Contract entered into for an indefinite period and relating to the regular delivery of products at any time, subject to the agreed termination rules and a notice period of no more than one month.
  2. The Consumer may terminate a Contract entered into for a fixed term and providing for the regular delivery of products at any time before the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
  3. The Consumer may terminate the Contracts referred to in the preceding paragraphs:
    • terminate at any time and are not restricted to termination at a specific time or during a specific period;
    • terminate them at least in the same manner as they were entered into by the Consumer;
    • terminate at any time with the same notice period as JT-Products has stipulated for itself.
Renewal:
  1. An Agreement entered into for a fixed term and which provides for the regular delivery of products may not be tacitly extended or renewed for a fixed term.
  2. Notwithstanding the previous paragraph, a Contract entered into for a fixed term and relating to the regular delivery of dailydaily newspapers, weekly newspapers and magazines may be tacitly extended for a fixed term of no more than three months, provided that the Consumer may terminate this extended Agreement towards the end of the extension period with a notice period of no more than one month.
  3. A Contract entered into for a fixed term and relating to the regular delivery of products may only be tacitly renewed for an indefinite period if the Consumer is entitled to terminate it at any time with a notice period of no more than one month. The notice period shall not exceed three months where the Contract provides for the regular delivery – but less than once a month – of daily newspapers, news papers, weekly newspapers and magazines.
  4. A fixed-term Agreement for the regular delivery of daily newspapers, news papers, weekly newspapers and magazines on a trial basis (trial or introductory subscription) shall not be tacitly renewed and shall end automatically upon expiry of the trial or introductory period.
Duration:
  1. If a Contract has a term of more than one year, the Consumer may, after one year, terminate the Contract at any time subject to a notice period of no more than one month, unless reasons of reasonableness and fairness preclude termination before the end of the agreed term.

Article 15 – Payment

  1. Unless otherwise specified in the Contract or in any supplementary terms and conditions, the amounts owed by the Consumer must be paid within 14 days of the start of the cooling-off period, or, in the absence of a cooling-off period, within 14 Days of the conclusion of the Agreement.
  2. The Consumer is obliged to notify JT-Products immediately of any inaccuracies in the payment details provided or stated.
  3. If the Consumer fails to meet their payment obligation(s) on time, they shall, after having been notified by JT-Products of the late payment and JT-Products having granted the Consumer a period of 14 days to still fulfil their payment obligations, following the failure to pay within this 14-day period, the Consumer shall owe statutory interest on the outstanding amount, and JT-Products shall be entitled to charge the extrajudicial debt collection costs it has incurred. These collection costs shall not exceed: 15% on outstanding amounts up to €2,500; 10% on the next €2,500 and 5% on the following €5,000, subject to a minimum of €40. JT-Products may deviate from the aforementioned amounts and percentages in favour of the Consumer.

Article 16 – Use of products and liability

  1. The Consumer understands and accepts that JT-Products’ products are intended exclusively for off-road or track use. JT-Products shall never be liable for any form of damage arising from the use of products on public roads.
  2. JT-Products’ total liability for direct damage arising out of or in connection with the Agreement, regardless of the nature of the claim (contract, tort or otherwise), shall not exceed the total amount actually paid by the Consumer to JT-Products for the product giving rise to the claim.
  3. All liability on the part of JT-Products for damage other than direct damage is excluded. This includes, but is not limited to, indirect damage, consequential damage, damage resulting from delayed delivery and damage resulting from delayed invoicing.
  4. A condition for the entitlement to any compensation is always that the Consumer reports the damage to JT-Products in writing without delay, and at the latest within 14 days of its occurrence.
  5. Any claim for compensation against JT-Products shall lapse by the mere expiry of twelve (12) months following the date on which the (alleged) claim arose.
  6. The limitations of liability set out in the third paragraph of this article shall not apply in the event of claims for compensation arising from death or personal injury, or in the event of wilful misconduct or gross negligence on the part of JT-Products.
  7. JT-Products shall not be liable for damage of any kind arising from JT-Products having relied on incorrect and/or incomplete information provided by or on behalf of the Business Customer.

Article 17 – Complaints Procedure

  1. Complaints regarding the performance of the Contract must be submitted to JT-Products within a reasonable time after the Consumer has identified the defects, and must be fully and clearly described.
  2. Complaints submitted to JT-Products will be responded to within 14 days of the date of receipt. If a complaint requires a foreseeably longer processing time, JT-Products will respond within the 14-day period with an acknowledgement of receipt and an indication of when the Consumer can expect a more detailed reply.
  3. The Consumer must in any event allow JT-Products at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises which is subject to the dispute resolution procedure.

Article 18 – Disputes

  1. Contracts between JT-Products and the Consumer to which these general terms and conditions apply are governed exclusively by Dutch law.

Article 19 – Supplementary or Deviating Provisions

  1. Any provisions that are supplementary to or deviate from these general terms and conditions must not be to the detriment of the Consumer and must be set out in writing or in such a way that they can be stored by the Consumer in an accessible manner on a Durable Medium.

General Terms and Conditions for Business-to-Business (B2B) Transactions

Article 5 – The Agreement

  1. The Agreement is only concluded following written confirmation of the order by JT-Products.
  2. Every Agreement is entered into subject to the condition precedent of sufficient availability of the relevant Products and/or services.
  3. Complaints regarding the performance of the Agreement must be submitted to JT-Products within a reasonable time, but no later than 14 days, and must be fully and clearly described, after the Business Customer has reasonably been able to identify the defects.

Article 6 – Payment

  1. Payment shall be made in advance, unless JT-Products stipulates otherwise in the Agreement or supplementary terms and conditions. JT-Products may unilaterally determine and amend the method of payment.
  2. If JT-Products stipulates in the Agreement or supplementary terms and conditions that payment in arrears is possible, the amounts owed by the Business Customer must be paid into the account number specified by JT-Products within 14 days of the conclusion of the Agreement.
  3. JT-Products may set a maximum limit on the total amount of the monthly payment in arrears referred to in paragraph 2 of this article.
  4. If the payment deadline is exceeded, the Business Customer shall owe statutory interest on commercial transactions in respect of the outstanding amount, and JT-Products may charge the extrajudicial debt collection costs it has incurred. These collection costs shall not exceed: 15% on outstanding amounts up to €2,500; 10% on the next €2,500; and 5% on the following €5,000, subject to a minimum of €40.
  5. If the Business Customer is in default or fails to fulfil its obligations (in a timely manner), JT-Products shall be entitled to charge the Business Customer for any costs incurred, including but not limited to legal fees, in obtaining payment out of court.
  6. The Business Customer is not authorised to set off any amounts owed by them to JT-Products.
  7. Objections to the amount of an invoice, a detected defect, or a discrepancy in the delivery, quantities or specifications do not suspend the obligation to pay.
  8. The Business Customer is obliged to notify JT-Products immediately of any inaccuracies and/or changes to the payment details provided or stated.

Article 7 – Retention of Title

  1. All Products supplied by JT-Products under the Agreement shall remain the property of JT-Products until the Business Customer has duly fulfilled all obligations arising from the Agreement(s) concluded with JT-Products, including the purchase price, any surcharges, interest, taxes, costs and compensation payable under these Terms and Conditions or the Agreement.
  2. Products supplied by JT-Products which, pursuant to paragraph 1, are subject to retention of title, may not be resold and may never be used as a means of payment. The Business Customer is not authorised to pledge the Products subject to retention of title or to encumber them in any other way.
  3. The Business Customer must at all times do everything that may reasonably be expected of them to safeguard JT-Products’ ownership rights.
  4. If third parties seize the Products supplied subject to retention of title, or seek to establish or assert rights over them, or if bankruptcy or any other circumstance arises as a result of which the Business Customer can no longer freely dispose of its assets, the Business Customer is obliged to notify JT-Products of this immediately and, at its own expense, to return the Products still belonging to JT-Products to JT-Products.
  5. In the event that JT-Products wishes to exercise its rights of ownership as set out in this clause, the Business Customer hereby grants JT-Products, in advance, unconditional and irrevocable authorisation, and authorises third parties designated by JT-Products to enter any premises where JT-Products’ property is located and to reclaim those Products.

Article 8 – Delivery and Fulfilment

  1. JT-Products shall exercise due care when receiving and fulfilling orders for Products.
  2. In principle, the place of delivery shall be the Business Customer’s address linked to its registration with the Chamber of Commerce (in the Netherlands) or to its entry in the Belgian Commercial Register. Only after the business account has been verified may the Business Customer notify JT-Products of a different place of delivery.
  3. Subject to the provisions of Article 2 of these Terms and Conditions, JT-Products will fulfil accepted orders with due diligence. The delivery times stated on the Website are not strict deadlines.
  4. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the Business Customer will be notified of this no later than one month after placing the order. In such a case, the Business Customer is entitled to terminate the Agreement free of charge. JT-Products cannot be held liable for any loss or damage resulting from a delivery deadline being exceeded.
  5. In the event of termination in accordance with the previous paragraph, JT-Products shall refund the amount already paid in advance by the Business Customer as soon as possible, but no later than 30 days after termination.
  6. All risks of any kind (including the risk of damage to and/or loss of Products) shall pass to the Business Customer from the moment JT-Products hands the Product over to the carrier, unless expressly agreed otherwise.
  7. JT-Products may stipulate that, depending on factors including the value of the order, the Business Customer is obliged to sign for receipt.
  8. The Business Customer is obliged to check the quantities and quality of the Products immediately upon delivery or (where applicable) prior to signing for receipt. In the event of any visible discrepancies or defects, the Business Customer must notify JT-Products of this in writing within 24 hours. The Business Customer may not subsequently lodge a complaint regarding any discrepancies or defects in the delivery.
  9. Any non-visible defects must be reported to JT-Products in writing immediately upon discovery, but in any event within 5 working days of discovery, failing which the right to raise such complaints at a later date shall lapse. This notification must include a detailed description of the defect. The Business Customer must, in this regard, give JT-Products the opportunity to investigate the defect (or have it investigated). If a defect is reported at a later date, the Business Customer shall no longer be entitled to repair, replacement or compensation.

Article 9 – No right of withdrawal

  1. The Business Customer acknowledges and accepts that no cooling-off period applies to its purchases. Following the purchase of Products, the Business Customer expressly has no right, save to the extent permitted under these Terms and Conditions, to return Products or to terminate the Agreement.

Article 10 – Warranties

  1. JT-Products warrants that the Products comply with the Agreement and with reasonable requirements of soundness and/or fitness for purpose, as well as with the statutory provisions and/or government regulations in force on the date the Agreement is concluded.
  2. The warranty referred to in this Article 10 is equivalent to the manufacturer’s warranty offered by the manufacturer of the Products.
  3. The warranty does not cover defects in the items arising from normal wear and tear, or from damage resulting from circumstances beyond JT-Products’ control, including weather conditions or damage arising from improper use, transport, assembly and installation by the Business Customer and/or third parties.
  4. Any form of warranty shall lapse if the item has been used incorrectly or carelessly and/or has been subject to improper storage or maintenance by the Business Customer and/or third parties.

Article 11 – Liability

  1. JT-Products excludes all liability for any kind of damage, except for damage resulting from wilful misconduct or gross negligence on the part of JT-Products, or insofar as such liability cannot be excluded by law.
  2. Where liability does arise, JT-Products shall only be liable for direct damage. Liability for indirect damage, including loss of profit, consequential damage, loss suffered, lost savings and damage resulting from business interruption, is expressly excluded.
  3. Direct damage is understood to mean exclusively the reasonable costs incurred in determining the cause and extent of the damage, in so far as such determination relates to damage within the meaning of these Terms and Conditions, any reasonable costs incurred to bring JT-Products’ defective performance into compliance with the Agreement, insofar as these can be attributed to JT-Products; and reasonable costs incurred to prevent or limit direct damage as referred to in these Terms and Conditions.
  4. Any liability on the part of JT-Products towards the Business Customer for direct damage, on whatever grounds, is limited per event (whereby a connected series of events shall be deemed a single event) to the actual invoice amount paid by the Business Customer to JT-Products for the relevant product from which the damage arises, including delivery costs.
  5. In any event, JT-Products’ liability is always limited to the amount paid out by the insurer in a specific claim.
  6. JT-Products shall not be liable for any damage whatsoever arising from JT-Products having relied on incorrect and/or incomplete information provided by or on behalf of the Business Customer.

Article 12 – Indemnity

  1. The Business Customer shall indemnify JT-Products against any claims by third parties on any legal basis whatsoever, who suffer loss in connection with the performance of the Agreement and where the cause of such loss is not attributable to JT-Products.
  2. Damage for which JT-Products is not responsible, as referred to in paragraph 1, includes, but is not limited to, damage arising from the use of Products on public roads and the use of Products contrary to the prescribed instructions for use.
  3. Should JT-Products be held liable by third parties on that basis, the Business Customer is obliged to assist JT-Products both in and out of court and to take all necessary steps without delay that may reasonably be expected of it in such circumstances. Should the Business Customer fail to take adequate measures, JT-Products may, without notice of default, take such measures itself. All costs and damages incurred by JT-Products and third parties as a result shall be borne in full at the expense and risk of the Business Customer.

Article 13 – Force Majeure

  1. JT-Products shall not be obliged to fulfil any obligation towards the Business Customer if it is prevented from doing so as a result of Force Majeure.
  2. JT-Products may suspend its obligations under the Agreement for the duration of the Force Majeure. If this period lasts longer than two months, either party may terminate the Agreement without being obliged to compensate the other party for any loss or damage.
  3. To the extent that, at the time the Force Majeure occurs, JT-Products has already partially fulfilled its obligations under the Agreement or will be able to fulfil them, and the respective part to be performed has independent value, JT-Products may invoice the part already performed or to be performed separately. The Business Customer is obliged to pay this invoice as if it were a separate Agreement.

Article 14 – Governing law and disputes

  1. All offers made by JT-Products and Agreements between JT-Products and the Business Customer to which these Terms and Conditions apply shall be governed exclusively by Dutch law. Dutch law shall also apply if the Agreement is performed, in whole or in part, abroad.
  2. The applicability of the Vienna Convention on Contracts for the International Sale of Goods, the provisions of Book 7 of the Dutch Civil Code and Articles 6:227b(1) and 6:227c of the Dutch Civil Code are expressly excluded.
  3. All disputes arising from offers or Agreements, however named, shall be subject exclusively to the jurisdiction of the competent court of the District Court of Oost-Brabant (the Netherlands).
  4. The parties shall only bring a matter before the court after they have made every effort to settle a dispute by mutual agreement.

Article 15 – Amendments to the Terms and Conditions

  1. JT-Products reserves the right to amend these Terms and Conditions unilaterally. JT-Products shall notify the Business Customer of any amendment in writing.
  2. The version applicable at the time the relevant legal relationship with JT-Products was established shall always apply. Business Customers are advised to check the Terms and Conditions regularly for any changes.