General terms and conditions Jump Factory BV

The Fan Company is a trade name of Jump Factory BV

General

1. These general terms and conditions apply to all offers drawn up by Jump Factory BV and to all agreements for the performance of work, purchase and sale entered into by Jump Factory with third parties. Written confirmation is required for deviating agreements. When Jump Factory is mentioned hereinafter, this means Jump Factory BV

Offers and agreements

2. The prices and quotations are always without obligation unless the price has been expressly agreed in writing.
3. Agreements are only concluded by written order confirmations from Jump Factory or by (commencement of) actual execution by Jump Factory of the work.
4. Orders are binding if they are placed to the representative of or directly to Jump Factory.
5. Unless otherwise agreed, Jump Factory is obliged to honor its offer for 30 days without prejudice to the provisions that apply to these general terms and conditions of delivery.
6. The sizes, weights, colors, technical data, texts, photos or any other similar information mentioned by Jump Factory in a quotation, the Agreement and/or the Website are exclusively descriptive in nature. The customer cannot derive any rights from this information and deviations of the Product and/or Service in comparison with this information. Deviations are permitted and do not in any way imply that the Supplier will therefore not fulfill its obligations under the Agreement, unless deviations are reasonably so great in nature and/or extent that it can no longer be stated that Jump Factory will not be able to fulfill its (core) obligations with that deviating delivery. obligations under the Agreement (still). The Customer is not entitled to any complaints or other rights to compliance and/or compensation as a result of any deviations from the aforementioned information provided by Jump Factory.

Transport, delivery time, goods

7. The prices quoted include free delivery to one address in the Netherlands or Belgium. Transport costs will be charged for deliveries in countries other than the aforementioned.
8. Delivery dates are according to agreed terms. Other rights of the buyer, such as cancellation of the order after the agreed term has been determined, and in particular claims for compensation for damage caused by late delivery or commissioning, are excluded.
9. Jump Factory can deliver in parts if necessary. With regard to partial deliveries, provisions for the delivery of the entire order apply in full.
10. Goods that do not meet the requirements of the agreement and other defects must be reported in writing within 24 hours. If this does not happen, the goods are accepted. Hidden defects must be reported immediately after discovery, but within a maximum period of three months after receipt of the goods. Claims for compensation in connection with defects are limited to correcting the part in question or to subsequent delivery of a good part within a set period. Complaints can be returned at the request of Jump Factory. Jump Factory is not liable for consequential damage, such as transport costs, as a result of defects.
11. Jump Factory is never liable for defects in the Product that it was not aware of and/or should not have been aware of.
12. Minor and/or unavoidable deviations from the Product are never grounds for a complaint.

 Risk & Insurance

13. The risk of the Product passes to the Customer at the time when the Product is made available to the Customer. This is the case if the Customer has acquired actual control over the Product.
14. In exception to the provisions of art. 5.1 If Jump Factory takes care of the 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 time the transport commences. The Customer is aware that in this context he must ensure adequate insurance for the Product.
15. Jump Factory has taken out the usual liability insurance for companies. If the Customer wishes to know how far the coverage of that insurance extends, he can contact Jump Factory. This liability insurance for companies does not necessarily cover every risk of damage resulting from the use of the Product. The Customer is obliged, from the moment he bears the risk of the Product and/or has the Product in his possession (under the Agreement or otherwise), to ensure adequate insurance against the risk of damage resulting from use. of the Product suffered by the Customer or by third parties, regardless of whether there is property damage, personal injury, consequential damage, business damage or any other damage whatsoever.

Guarantee

16. Jump Factory guarantees that the delivered item will be free from defects in material or workmanship for one year from the date of delivery.
17. Jump Factory's warranty on the item includes the repair of defects in material or workmanship that occurred within the warranty period, by repairing or replacing parts, at the discretion of Jump Factory. The warranty excludes:
    – the costs of any diagnostic time and diagnostic resources;
    – costs attributable to normal wear and tear;
    – the replacement of consumables;
    – call-out costs and applicable rates if warranty service is provided on location.
    – transport costs (warranty rights are always 'ex works' at the Jump Factory workshop in Nijmegen, the Netherlands)
18. In order to enable Jump Factory to fulfill its obligation, the buyer will immediately provide Jump Factory with an accurate written statement of the nature of the suspected defect and provide Jump Factory with all other requested information.
19. Apart from the warranty described in this article, Jump Factory has no other warranty obligations, express or implied. The warranty only applies to a newly delivered item, disassembled parts are not eligible for the warranty.
    The warranty expires if:
    repair of a defect takes place by non-Jump Factory personnel or by third parties who are not authorized by Jump Factory.
    – theft of parts, disruptions, water damage, lightning strike, molestation and vandalism, high 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 are solely at the expense of the buyer and are not covered by the warranty as described above.
20. Notwithstanding point 16, Jump Factory provides an additional 4-year warranty on manufacturing defects in the seams of new inflatable castles, obstacle courses and slides insofar as the Customer uses the products seasonally with due observance of expert and careful use in accordance with the customer's user manual. Excluded from this extra warranty are companies and institutions that use the products (almost) daily, such as playgrounds and indoor playgrounds.

Damage repair

21. The additional damage 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 does not include:
    – materials used to carry out the repair;
    – the replacement of consumables;
    – call-out costs and applicable rates if warranty service is provided on location.
22. Costs for transport to and from Jump Factory are borne by the buyer.
23. The period within which the damage repair will be carried out depends on the availability and planning of Jump Factory.

Delivery

24. All delivery periods stated by the Supplier are approximate, unless the Customer and the Supplier have expressly agreed that a delivery period is expressly mandatory.
25. A delivery period only commences after Jump Factory has received an agreed down payment from the Customer.
26. The Customer waives any right to compensation in connection with the Supplier exceeding a delivery period.
27. The products are considered to have been delivered at the earliest of the two times at which either Jump Factory has notified the client in writing or the client has actually received the products.
28. After the agreed warranty period has expired, Jump Factory is no longer liable for any defect or damage to the delivered products.

Retention of title

29. As long as full payment has not been made, the delivered goods remain the property of Jump Factory and can be taken back at any time, while the relevant client will be obliged to return these goods carriage paid immediately upon first demand. All costs incurred in this regard will be recovered from the client, including any damage to the turnover of goods suffered during that period.

Liability

30. Jump Factory is never obliged to pay any compensation for damage of any nature whatsoever, direct or indirect, including business damage to movable or immovable property, or to persons, both to the buyer and to third parties. This is subject to intent or gross negligence on the part of Jump Factory or those for whom Jump Factory is liable, to be proven by the buyer. In any case, Jump Factory is not liable for damage arising from or caused by incorrect use of the delivered goods by the buyer or third parties.
31. Jump Factory is not liable for damage that may occur to any property on which Jump Factory has carried out, carried out or will carry out work, as well as for anything contained in that property or forming part thereof, regardless of whether that damage was caused by persons employed by it. of Jump Factory or by persons served by Jump Factory in another way. It is irrelevant whether the property is located under Jump Factory or elsewhere.
32. This limitation of liability applies if and insofar as Jump Factory's liability insurers do not provide cover for damage caused to the buyer and/or to third parties.
33. If Jump Factory, for whatever reason, is obliged to compensate any damage, this compensation will never exceed an amount equal to the invoice value regarding the defective goods that caused the damage. In case of partial delivery, Jump Factory is obliged to compensate damage up to a maximum of the relevant part of the invoice amount.
34. Furthermore, any claim against Jump Factory will lapse simply by the lapse of one year after the claim arose, unless a legal action has previously been brought against Jump Factory in this regard.
35. The buyer indemnifies Jump Factory, its staff or persons employed by or on behalf of it against all claims from third parties or compensation for any damage suffered by those third parties, caused by or otherwise related to goods originating from Jump Factory.

Usage

36. The Customer accepts the fact that the use of the Product may involve risks. In that context, the Customer is obliged to use the Product in the manner indicated and prescribed by Jump Factory. The Customer is always obliged to strictly follow every instruction from Jump Factory, in particular the written instructions, as an attachment or otherwise provided to the Customer by Jump Factory. Failure to use the Product in the prescribed manner voids the Customer's right to compensation for any damage whatsoever.

Payment terms

37. Unless expressly agreed otherwise in writing, the payment conditions are always 100% in advance delivery.
38. Payment term, after signed order, is within 14 days by bank, unless otherwise agreed in writing.
39. If payment in installments has been agreed, these must be paid without recourse to settlement or discount no later than ten days after the day on which Jump Factory has sent an invoice to the client for the relevant installment.
40. If any payment is not made on time, the buyer is in default and Jump Factory is entitled to collect the amount owed to him without further notice of default. All associated extrajudicial costs are borne by the buyer, unless Jump Factory chooses to determine these costs at a flat rate of 15 % of the amount to be claimed.

Price increase

41. Agreed prices are based on the price basis of materials, goods, shipping and transport costs, wages, insurance premiums, tax charges, import duties and other price-determining factors, applicable on the day of conclusion of the agreement. If any increase in price-determining factors as mentioned in the opening words of this article occurs before delivery - even if this occurs as a result of circumstances foreseen or unforeseeable at the time of concluding the agreement - Jump Factory has the right to choose either a proportionate increase to the client and /or to charge the buyer, or to cancel the agreement insofar as it has not been executed.
42. If materials, raw materials, goods and other items are made available by the client and/or buyer for the execution of the assignment, Jump Factory has the right to include a maximum of 20 % of the cost price of the supplied materials in its price calculation. , raw materials, goods and/or articles.

Cancellation

43. The client is entitled to suspend or cancel the execution of the work in whole or in part. If this happens for reasons other than Jump Factory's failure to carry out the delivery in the agreed manner, Jump Factory is entitled, in addition to any expired terms, to full compensation for damage and, in the event of cancellation, also to compensation for loss of profit, set at 15 % of the agreed sum, cq. of the unpaid portion thereof, minus the costs not incurred by Jump Factory as a result of the termination.
44. If Jump Factory does not fulfill its obligations, the client must give notice of default in writing: giving it a reasonable period within which Jump Factory must still deliver the agreed material. If Jump Factory remains negligent, the client is entitled to cancel the order, without the client being entitled to compensation.
45. All agreements concluded between the client and/or buyer and Jump Factory will be governed exclusively by Dutch law. All disputes arising between the client and/or buyer and Jump Factory will be submitted to the competent court under which Jump Factory falls.

Intellectual Property

46. With regard to catalogs and/or drawings, etc. made available by Jump Factory, as well as with regard to attachments that may be the subject of any intellectual and/or industrial property right or a right comparable thereto, this property is stay from Jump Factory.
47. In the event of the manufacture of goods based on drawings, models, samples or other instructions in the broadest sense of the word, received from the buyer, the buyer assumes the full guarantee that no brand, patent, utility or trade model, or any other right of third parties is affected and Jump Factory indemnifies against all claims of any third party.
48. Jump Factory does not transfer any intellectual property rights in any sense related to the Product to the Customer. Delivery of the Product only serves to grant the Customer a right to use the Product itself. The Customer guarantees that the Supplier's intellectual property rights on or related to the Product are always respected.

Additional work and/or less work

49. Additional work and/or less work will be settled fairly. Additional work generally includes all work and deliveries that are not included in the agreement and that are required by the buyer.

 Dispute settlement

50. The court in Arnhem has exclusive jurisdiction to hear disputes, unless the Subdistrict Court has jurisdiction. Nevertheless, Jump Factory remains entitled to summon the buyer before the competent court according to the law or treaty.

Applicable law

51. Dutch law applies to every agreement between Jump Factory and the buyer.