AGB

 

GTC



1. general

These General Terms and Conditions shall always take precedence, even in the event of conflicting terms and conditions of the client. Amendments must be made in writing. Subsidiary agreements shall only be valid if they are set out in writing. This also applies in particular to promises of properties. The invalidity of individual provisions shall not affect the validity of the remaining provisions.



2 Liability/warranty

The warranty extends only to the service provided by JMD. In particular, no liability is assumed for the fact that the service provided can be used for a specific purpose of the client, unless this is conceded. This applies in particular to unusual use. No warranty is assumed for improper storage or use of JMD products (UV rays, scratching, unsuitable chemicals or cleaning agents). When purchasing helmets, JMD cannot guarantee the correct prescribed homologation in the racing series operated. The customer is solely responsible for ensuring that the helmets purchased from JMD comply with the prescribed homologation of the relevant racing series. JMD's recommendations are not a guarantee and no liability is accepted for any problems that may arise.



The painting and fitting of non-homologated accessories (e.g. Topwing) on helmets is for show purposes only and must not be used in racing. JMD cannot be held responsible for non-compliance and its consequences for competition results (disqualification).



Chrome paintwork is a special effect that must be regarded as a prototype in each case and for which minor quality restrictions (run-off marks, dust inclusions, minor scratches) cannot be regarded as a defect.



Matt paints are only permanently resistant to a limited extent and can lose their matt finish through improper cleaning and use of polish.



Fluorescent colors have limited light resistance and lose their luminosity when exposed to UV radiation. This natural process is not accepted as a defect.



Obvious defects must be reported to us in writing by the client within 4 weeks of delivery of the subject matter of the contract.

For products supplied by the customer, JMD shall not assume any warranty for any pre-existing material defects or restrictions on the liability and therefore durability of the service (e.g. paint adhesion on the helmet shell) resulting from the surface structure.



3. payment / retention of title

Unless otherwise agreed, a payment term of 10 days shall apply to the services provided by JMD. If the payment deadline is exceeded by more than 30 days, JMD shall be entitled to charge the customer for the costs of a reminder procedure or the commissioning of a debt collection agency. When the order is placed, a deposit of €300 shall be deemed to have been agreed. For larger orders with a net order volume of €10000 or more, an advance payment of 50% of the invoice amount may be requested at the start of the order. Commissioned and created graphics that do not result in an order will be invoiced on a time basis. The down payment of €300 does not necessarily have to be sufficient.



As long as the service has not been paid in full, there is a reservation of title in favor of JMD.



4. design templates/copyright

The service provided by JMD does not entitle the customer to further use or reproduce the design without express permission. The idea, the draft and the design created are subject to copyright protection.



Insofar as the client submits design templates, in particular in the form of data carriers, JMD assumes no liability or warranty for the loss or correct transmission of the data or its storage and retransmission. The photos and graphics provided by JMD are subject to copyright and may not be used or published without permission. The intellectual property of a helmet design or other creative services is not transferred or sold with the order, but only a right of use for the designed article is transferred.



If graphics and templates designed by JMD are used for implementation by other companies, prosecution and claims for damages cannot be ruled out.



If the industrial property rights of third parties are infringed during work based on templates or drawings or other information provided by the customer, the customer shall indemnify us against all claims, including all costs.



5. shipment/payments

Shipment of the delivered helmets shall be at the customer's risk. Payments are to be made without deductions within 10 days of the invoice date. Costs incurred in the event of delayed delivery