JMT Terms and Conditions
JMT TERMS & CONDITIONS APPLY TO ALL ORDERS
ORDERS:
No offer, quote, order acceptance or agreement to purchase is binding upon JMT for any products sold by JMT (the “Equipment” or “Machinery”) unless such are in a writing signed by an officer of JMT, Bursa,Turkey. The entire contract formed by JMT’s agreement to this order is limited to the Terms and Conditions contained on the face hereof without change or addition, unless otherwise approved in writing by an officer of JMT. No dealer, distributor, sales representative, or customer of any other person or entity (except authorized officers of JMT, Bursa, Turkey) has any authority whatsoever to bind JMT to any representation, offer or agreement of any kind. Any quote submitted by JMT may be withdrawn without notice at any time and shall automatically expire after 30 days. Any errors in any quote submitted by JMT may be corrected by JMT at any time, even after Buyer’s acceptance of the quote. JMT reserves the right to change the prices reflected in any quote without notice, except to the extent otherwise specifically stated in such quote. Any acceptance by Buyer of any quote from JMT which contains additional or different terms shall not operate as a rejection of JMT’s quote, but shall be deemed a material alteration thereof, and JMT’s quote shall be deemed accepted by Buyer without said different or additional terms. An authorized JMT signed order agreement and attached terms and conditions supersede any quote, other written agreement, verbal agreement, or email.
PRICES:
Prices for this Order are firm only for shipments made within sixty (60) days from the date of Buyer’s initial offer to purchase, unless otherwise agreed to in writing by JMT, Bursa, Turkey. If Buyer does not meet TERMS AND CONDITIONS, the prices are subject to escalation to those prices in effect at the time of shipment without notice to Buyer.
PAYMENT:
Unless otherwise agreed in a writing signed by an officer of JMT Bursa, Turkey, terms of payment are (30%) thirty percent with order, (70%) seventy percent upon shipment and prepayment (100%) on in-stock Machinery prior to shipment. Notwithstanding a partial payment with the order, the prices are subject to change as provided in the preceding paragraph. JMT reserves the right to require deposit payment, advance payment or C.O.D. and to otherwise modify payment or credit terms. A finance charge will be charged at the rate of 1 ½% per month on all accounts not paid when due, which is an 18% annual interest rate, or the highest rate permitted by applicable law, whichever is lesser. The Buyer’s obligation to pay the total price on the equipment is absolute and shall not be postponed or subject to retainage, setoff or counterclaim. Prices do not include taxes except those itemized in writing signed by JMT. All sales, goods and services, use, excise, value added, transportation, privilege, occupational, consumption, storage, document, transaction export, import, duty or other taxes which may be levied by any taxing authority as a result of the purchase of the Equipment shall be paid by the Buyer unless otherwise noted in writing by an authorized officer of JMT. Buyer shall be responsible for all reasonable attorneys’ fees or costs on a solicitor and client basis, plus all other costs and expenses incurred by JMT in securing payment for any Equipment.Without regard to any other agreement, all obligations of Buyer to JMT shall become immediately due and payable if Buyer becomes insolvent or if Buyer does not make any payment when due or breaches any other agreement or fails to perform any obligation. Buyer hereby grants to JMT a security interest in all Equipment purchased from JMT and the proceeds thereof as collateral security for all obligations of Buyer to JMT, and JMT is authorized to perfect this security interest of record by filing UCC filings. Equipment prices do not include any services, such as the erection, demonstration, repairing and/or installation of any Equipment purchased by Buyer unless so stated in purchase agreement. If JMT is prevented by Buyer from shipping, JMT may, at its sole option, in addition to all other remedies, invoice Buyer to be payable within thirty (30) days and store the goods at Buyer’s sole expense.
DELIVERY, TITLE AND RISK OF LOSS:
Unless otherwise agreed in writing signed by an authorized officer of JMT, all Equipment shall be delivered to Buyer, F.O.B. from Turkey Port or JMT Bursa, Turkey not with standing any agreement regarding the payment of freight, title and risk of loss to the Equipment shall pass to the Buyer F.O.B. Turkey Port or JMT Bursa, Turkey Title and ownership on the above items shall not pass until the entire invoice and applicable freight for such goods has been paid in full.
CANCELLATION:
Buyer may not cancel or reduce the order without prior written consent of JMT. In the event Buyer cancels or reduces the order with the prior written consent of JMT, JMT shall be entitled to receive the full deposit from Buyer plus all reasonable allowances for overhead and profit, arising as a result of such cancellation or reduction.
LIMITED EXPRESS WARRANTY/LIMITATION OF REMEDIES AND LIABILITY:
There is no express warranty as to any of the equipment. JMT makes no warranty of merchantability of the equipment or of the fitness of the equipment for any particular purpose or any other particular purpose or any other implied warranties.JMTmakes no warranty against latent defects after the agreed upon time period.
LIMITED EXPRESS WARRANTY ON NEW JMT MACHINERY:
For purposes of this Limited Express Warranty, “Machinery” shall only include new and unused JMT brand machine tools and does not include any other parts attachments or accessories used or purchased in connection therewith and does not include any other brand of Equipment or machine tools or any other parts, attachments or accessories used or purchased in connection therewith. JMT warrants the Machinery to be free from defects in material and workmanship under normal use and maintenance as follows:
With respect to components, excluding consumable components as defined herein in the Limited Express Warranty and due to normal wear- and-tear: twelve (12) months from the date of delivery to the first user of the Machinery.
With respect to JMT lasers, excluding consumable components as defined herein in the Limited ExpressWarranty and due to normal wear- and-tear: twenty-four (24) months from the date of delivery to the first user of the Machinery.
With respect to repair or replacement parts for the Machinery, twelve (12)months after the date of JMT’s shipment from its warehouse . Balat Mh. Sihhiye Cd. Office 4200 No:2/17 Bursa, Turkey
With respect to repair or replacement parts for JMT lasers, twenty-four (24)months after the date of JMT’s shipment from its warehouse . Balat Mh. Sihhiye Cd. Office 4200 No:2/17 Bursa, Turkey. Warranty parts not exceeding 50 pounds in weight (including packaging materials) are to be shipped Air Freight pre-paid by JMT if part is urgently needed. Parts in excess of 50 pounds are to be shipped ground transportation pre-paid by JMT. Part return credits, at the discretion of JMT, will be considered for reimbursement as follows, if:
• The return of the equipment or part was pre-authorized in writing by the JMT headquarters service department.
• Parts are returned in the original packaging to prevent damage that may occur during return shipment.
• The returned warranty parts must be received at the JMT headquarters within 30 days of the original receipt of the replacement parts.
• A return authorization number (RMA) issued by the JMT headquarters service department must be included in all return part shipments.
• Credits are at the discretion of JMT, and shall only be considered when the part was determined by JMT to be defective due to material or workmanship.
• Returns may be subject to a 20% restocking fee plus original and return freight charges.
All machinery 7,500 lbs. or less for which warranty coverage is sought must be received at JMT’s facility in Bursa, Turkey, freight prepaid, no later than sixty (60) days after the date of the failure of the Machinery or part thereof; if JMT determines the Machinery or part to be defective and within JMT’s Limited ExpressWarranty, JMT shall, when such Machinery or part has been either replaced or repaired, return such F.O.B. JMT’s warehouse, Bursa, Turkey. The warranty on any Machinery or any part there of repaired or replaced under warranty expires at the end of the original purchase warrantyperiod. Special arrangements may be agreed upon for machines 7,500 or less to be repaired at customer’s location.
This Limited Express Warranty does not cover and does not apply to:
(1) Air filters, gases, air regulators, supply hoses, sensors, glasses, cutting nozzles, laser optical systems, fuses, lubricant, fluids, oil or like items:
(2) Any portion of the Machinery not supplied by JMT, regardless of the cause of the failure of such portion or components;
(3)Machinery on which the identification tags have been removed or defaced;
(4)Machinery on which payment to JMT is or has been made;
(5)Machinery which has defects or damage which results from improper installation,wiring, electrical imbalance characteristics or maintenance;
(6)Machinery which has defects or damage caused by accident, misuse, abuse, negligence, fire, flood, alteration or improper application of the Machinery;
(7) Machinery has defects or damage which result from electrical failures
(8) Machinery has defects or damage which result froma contaminated or corrosive air, liquid or lubricant;
(9)Machinery subjected to corrosion or abrasion;
(10)Machinery manufactured or supplied by others;
(11) Machinery which has been operated in a manner contrary to JMT’s printed instructions;
(12) Cutting tools, dies, tooling or any parts, attachments or accessories used in connection with the Machinery;
(13)Machinery that has defects as a result of freight damage, collision, overturning, dropping, water damage, shocking or showing of the Machinery by BUYER after JMT’s shipment;
(14)Machinery which has been sold or transferred by the BUYER; or
(15)Machinery which is relocated after its initial installation.
(16) Used equipment is sold as is where is, or 30 day warranty.
LIMITATION:
This Limited Express Warranty is given in lieu of all other warranties. If, notwithstanding the disclaimers contained herein, it is determined that other warranties exist, any such warranties, including any express warranties or implied warranties of fitness for particular purpose and merchantability, shall be limited to the duration of the Limited Express Warranty.
SERVICES BY JMT:
Labor and/or services by JMT are not covered by any warranty on any of the Equipment unless so stated in purchase agreement. Should any service, such as the erection, demonstration, repairing, or installation of the Equipment, be requested, such service may be rendered by JMT, but only at a charge based on JMT’s then existing service rates and charges unless so stated in purchase agreement.
LIMITATION OF REMEDIES:
In the event of a breach of the Limited Express Warranty on New Machinery set forth in the preceding paragraphs, JMT will only be obligated, at JMT’s option, to repair the failed Machinery or part thereof or to furnish new or rebuilt Machinery or part thereof in exchange for the Machinery or part thereof which has failed. If after written notice to JMT in Bursa, Turkey of each defect, malfunction or other failure and a reasonable number of attempts by JMT to correct the defect, malfunction or other failure and the remedy fails of its essential purpose, JMT shall refund the purchase price paid, less freight charges, unless agreed upon in writing by an officer of JMT, to JMT in exchange for the return of the Equipment. Said refund shall be the maximum liability of JMT. This remedy with respect to new machinery is the sole and exclusive remedy of the buyer against JMT for breach of contract, for breach of any warranty or for JMT’s negligence or in strict liability including but not limited to consequential damages and attorney’s fees. There shall be no remedy of any kind for used equipment purchases.
LIMITATION OF LIABILITY:
JMT shall have no liability for any damages if JMT’s performance is delayed for any reason or is prevented to any extent by revolutions, insurrections, riots, wars, civil unrest, acts of enemies, natural emergency, strikes, work stoppages, employee slowdown, fire, flood, accident, allocation, government restrictions or restraints, damage to JMT’s facility, shortages of transportation, fuel, material, labor, or utilities, fault of customer, failure to secure materials from usual sources of supply, acts of God or any other reason beyond the sole control of JMT whether of the class of causes enumerated above or not. Any shipping date stated by JMT is JMT’s best estimate but JMT makes no guarantee of shipment by any such date and shall have no liability or other obligation for failure to ship on such date, regardless of cause.
TECHNICAL DATA:
Unless otherwise agreed to in writing by JMT any technical data furnished in conjunction with this order and not obtainable from a public source shall not be duplicated, used, or disclosed in whole or in part for any purpose other than for Buyer to evaluate the possible Purchase of Equipment and shall be returned to JMT upon request.
ASSIGNMENT:
Buyer shall not assign or transfer this Agreement or any interest in it or monies payable under it, without the written consent of JMT.
SPECIFICATIONS:
Specifications on any Equipment are subject to engineering changes without notice.
MISCELLANEOUS:
These terms and conditions shall be construed, and the rights and liabilities of the parties hereunder shall be determined in accordance with the laws of the State of Utah. These terms and conditions shall be interpreted in such a manner as to be effective and valid under applicable law. If it shall be found that any portion of these terms and conditions violates any applicable law, such portion shall be of no force and effect in that political unit, division or sub division in which they are illegal or unenforceable and the agreement shall be treated as if such portion or portions had not been inserted. In the event that any dispute or disagreement in connection with any order should arise or exist between Buyer and JMT, jurisdiction and venue for any legal action shall be, if JMT so elects, exclusively in Bursa, Turkey and Buyer consents to said jurisdiction and venue. The statute of limitations on any claim of the Buyer against JMT shall be one (1) year from the date the cause of action accrues. The paragraph headings used herein are for convenience only and shall not affect the meaning or interpretation of these Terms and Conditions. No purchase of Equipment from JMT shall have any understandings, agreements, or obligations outside these terms and conditions unless specifically set forth in writing and accepted by signature of an authorized officer of JMT in Bursa, Turkey. The provisions of these terms and conditions shall not be modified by any usage of trade or any course of prior dealings or acquiescence by JMT or any course of performance. All prior representations, negotiations, offers, quotes, purchase orders, acceptances or agreements to purchase are superseded and replaced by this document.
ACCEPTANCE:
All orders from Buyer are subject to acceptance and credit approval by JMT. All orders from Buyer are expressly limited and made conditional upon Buyer’s acceptance of the terms and conditions set forth herein without change or addition, unless otherwise approved in writing by an officer of JMT Buyer’s acceptance of all or any portion of the Equipment shall be deemed an acceptance of these terms and conditions.
ENGLISH LANGUAGE:
The parties here to have requested that these presents and all judicial proceedings relating here to be drafted in English.
1. You agree that you are solely responsible for the machine that you purchase or have built for you. This includes the operation, safety, and reliability of the machine.
2. You agree to be fully responsible for any mistakes, errors, material loss, personal damage, secondary damages, caused by any circumstances relating
to the use of the machine you purchase.
3. You accept full liability for the operation and use, of the machine you operate, by others who may use the machine. The onus is on you to caution others who may operate the machine, and agree to compensate JMT for any losses due to legal action brought against us by others who have operated
your machine.
4. You fully accept the above statements and will comply, at all times, with standard operating procedures.
Warning on point of operation guarding: it is the responsibility of buyer to maintain and insure the usage of proper and appropriate point of operation guards. Buyer agrees to indemnify, defend and hold JMT harmless from any and all claims, loses, liabilities, injuries and expenses (including, without limitation, attorney’s fees or cost on a solicitor and client basis, costs and expenses) related in any manner in whole or in part, to the providing, maintenance, usage, or parts constructed on the equipment purchased from
JMT. You agree that all machines will be anchored to the floor.
Under the OSH Act, employers are responsible for providing a safe and healthful workplace. OSHA’s mission is to assure safe and healthful workplaces by setting and enforcing standards, and by providing training, outreach, education and assistance. Employers must comply with all applicable OSHA standards. Employers must also comply with the General Duty Clause of the OSH Act, which requires employers to keep their workplace free of serious recognized hazards. Buyer shall be familiar with and conform to all OSHA directives. PART 1910 — OCCUPATIONAL SAFETY AND HEALTH STANDARDS