GENERAL TERMS AND CONDITIONS JLM LUBRICANTS B.V.
Article 1 Definitions
The following is understood under these General Terms and Conditions:
Offer: any non-binding offer and quotation (including appendices, documentation and images, etc.) from JLM Lubricants to the Customer.
General Terms and Conditions: these General Terms and Conditions of JLM Lubricants.
Consumer: the natural person who does not act for purposes related to its trade, business, craft or professional activity.
JLM Lubricants: the private company with limited liability JLM Lubricants B.V., the details of which are further detailed in Article 2 of the General Terms and Conditions.
Customer: the natural or legal person who concludes an Agreement with JLM Lubricants or intends to conclude an Agreement with JLM Lubricants, including but not limited to the Consumer.
Agreement: any agreement concluded between the Customer and JLM Lubricants, including but not limited to the Remote Agreement.
Remote Agreement: the remote agreement between the Customer and JLM Lubricants within the context of an organized system for remote selling of Products and/or Services, whereby, up to and including the conclusion of this agreement, use is made solely or jointly of one or more remote communication techniques, including but not limited to the agreement concluded via the website www.shop.jlmlubricants.nl and the other websites/platforms/applications where the Products of JLM Lubricants are sold.
The Parties: The Customer and JLM Lubricants collectively.
Product(s): all goods and items that are the subject of an Agreement.
Written: any communication by post, e-mail, fax or any other means of communication that can be equated with this in view of the state of the art and the prevailing views in society.
Article 2 Identity and additional information on JLM Lubricants
Business and visiting address of JLM Lubricants:
Schiphol Boulevard 127
1118 BG Schiphol
Telephone number: 020-2014995 (normal call rate)
Availability: during office hours (9.00 am – 5.30 pm)
E-mail address: info@jlmlubricants.com
CoC number: 37053531
VAT number: #NL008450481BO1
Article 3 Applicable General Terms and Conditions
These General Terms and Conditions apply to every Offer and every established Agreement, as well as to all offers of, orders with, legal relationships and agreements whereby JLM Lubricants delivers Products, goods or services of any kind to the Customer, even if these goods or services have not been described (further) in these General Terms and Conditions.
Changes to the Agreement and deviations from the General Terms and Conditions will only be effective if they have been agreed to between the Parties and recorded in writing by the Parties.
JLM Lubricants reserves the right to amend the General Terms and Conditions at any time. The amended General Terms and Conditions will apply from the moment that JLM Lubricants has notified the Customer of the amendment, with the understanding that the quotations/offers already issued will continue to be governed by the General Terms and Conditions that were in effect on the day that the quotations/offers were issued.
If any provision of these General Terms and Conditions is deemed void by a competent court, annulled or otherwise declared non-binding, the remaining provisions of these General Terms and Conditions will remain in effect and thus in full force. The Parties will then enter into consultation in order to agree on new provisions to replace invalid, nullified or otherwise non-binding provisions, taking into account, if and as far as possible, the purpose and scope of the original provision.
The General Terms and Conditions have been drawn up in a Dutch and an English text. In the event of differences of interpretation between these texts, the Dutch text is binding.
Article 4 Offer
The acceptance of an Offer by the Customer implies that the Customer agrees with the applicability and content of these General Terms and Conditions.
If an Offer has a limited duration or is subject to conditions, this will be explicitly stated in the Offer.
No rights can be derived from an Offer in any way if the Product to which the Offer or the special offer relates has since become unavailable.
Although JLM Lubricants will exercise due care in formulating its Offer, including but not limited to price lists, brochures and other information that may indicate a (future) legal relationship between JLM Lubricants and Customer, the Customer can never derive any legitimate expectation from it with regard to the accuracy of the information contained herein, unless explicitly agreed otherwise in writing. Images, drawings, photographs, specification of sizes, examples, specifications and further descriptions by JLM Lubricants regarding the offered Products are not binding and have the sole purpose of giving a general impression of the range that JLM Lubricants has to offer, unless JLM Lubricants has expressly stated otherwise in writing. In no case is JLM Lubricants obliged to any (post)delivery.
JLM Lubricants cannot be bound by an Offer if the Customer can reasonably understand that an Offer or part thereof contains an obvious mistake or error.
Article 5 Agreement
The Agreement is concluded at the time the Customer accepts the Offer and meets the corresponding conditions.
If the Customer has accepted the Offer electronically, JLM Lubricants will immediately confirm receipt of the acceptance of the Offer, electronically.
If a comment is added to the order of the Customer, or if the acceptance is reserved or amendments are made to the Offer, the Agreement will only take effect after JLM Lubricants has confirmed to the Customer in writing that it agrees with what was requested in the comment of the Customer, or with the reservations or deviations.
Verbal promises by and agreements with subordinates of JLM Lubricants do not bind JLM Lubricants until, and to the extent that, they have been confirmed in writing by JLM Lubricants.
If, during the implementation of the Agreement, it appears that for a proper execution thereof it is necessary to amend or supplement it, the Parties will proceed to amend the Agreement in a timely manner and in mutual consultation. If the nature, scope or content of the Agreement, whether or not at the request or instruction of the Customer, is changed, it may have consequences for what was originally agreed. As a result, the originally agreed amount can also be increased or decreased. JLM Lubricants will, as far as possible, provide a quotation in advance. The Customer accepts the possibility of amendments to the Agreement, including but not limited to amendments in price and any other conditions. JLM Lubricants is entitled to charge amendment costs if the Customer wishes to amend the Agreement after the conclusion of the Agreement.
Every Agreement is entered into under the suspensive condition of sufficient availability of the Products that are part of the Agreement.
Article 6 Right of withdrawal
The Consumer can terminate the Remote Agreement with regard to the purchase of Products during a cooling-off period of fourteen (14) days, without giving reasons.
The cooling-off period mentioned in the previous paragraph of this article starts:
on the day after the Consumer, or a third party designated by the Consumer in advance, who is not the transporter, has received the Product; or:
if the Consumer has ordered several Products in the same order: on the day on which the Consumer, or a third party designated by him/her, has received the last Product. If the time between deliveries of different Products is more than fourteen (14) days, JLM Lubricants may refuse the order of several Products with different delivery times. In that context, JLM Lubricants will contact the Consumer immediately.
During the cooling-off period, the Consumer will handle the Product and the packaging with care. He/she will only unpack or use the Product to the extent necessary to establish the nature, characteristics and operation of the Product. The principle here is that the Consumer may only handle and inspect the Product as he/she would be allowed to do in a store. The Consumer is only liable for value reduction of the Product that is the result of a way of handling of the Product that goes beyond what is permitted in this article.
If the Consumer makes use of his/her right of withdrawal, he/she will unambiguously notify JLM Lubricants within the cooling-off period. As soon as possible, but within fourteen (14) days from the day following the notification referred to in the previous sentence, the Consumer must return the Product in its original condition and packaging, with all accessories supplied and in accordance with the instructions provided by JLM Lubricants, or the Consumer must hand the Product to JLM Lubricants at the visiting address stated in the General Terms and Conditions. The direct costs of returning the product will be borne by the Consumer.
If the Consumer makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law.
JLM Lubricants has excluded the following Products and services from the right of withdrawal:
Products manufactured according to specifications of the Consumer that are not prefabricated and that are manufactured on the basis of an individual choice or decision of the Consumer, or that are clearly intended for a specific person;
Products that spoil quickly or have a limited shelf life;
Sealed Products that, for reasons of health protection, are not suitable to be returned and whose seal has been broken after delivery; Applicable?
The delivery of Products that, by their nature, are irrevocably mixed with other goods after delivery.
Article 7 Cancellation and return
Without prejudice to the provisions regarding the right of withdrawal referred to in the previous article of the General Terms and Conditions, cancellation of the Agreement concluded between the Parties is not possible unless JLM Lubricants explicitly stated otherwise in writing.
Without prejudice to the provisions regarding the right of withdrawal referred to in the previous article of the General Terms and Conditions, return of the Products to JLM Lubricants is not possible unless JLM Lubricants expressly stated otherwise in writing.
If JLM Lubricants declares in writing that cancellation of the Agreement concluded between the Parties or return of the Products is possible, 10% of the agreed order price will at all times be charged to the Customer who is not the Consumer.
In the event of cancellation as referred to in the previous article, the Customer must:
a. Pay any cancellation costs once in full.
b. Immediately return any Products received by the Customer.
Returning (including return on the basis of the right of withdrawal referred to in the previous article) of Products on which traces of use are present and as a result of which Products are no longer in their original condition and/or cannot be considered undamaged even if JLM Lubricants has expressly stated in writing that a return is possible.
The direct costs of returning the Product will be borne at all times by the Customer.
Article 8 Prices
If the Customer is not a Consumer, all prices and rates are exclusive of turnover tax, other taxes, duties levied or introduced for the performance or other government levies or any costs to be incurred in the context of the Agreement, including but not limited to shipping, transport, export, insurance, loading, packaging and administration costs, unless explicitly agreed otherwise In writing. These taxes, duties and costs are passed on to the Customer.
If the Customer is a Consumer, all prices and rates include turnover tax, other taxes, duties levied or introduced for the performance and other government levies. Not included are any costs to be incurred in the context of the Agreement, including but not limited to shipping, transport, export, insurance, loading, packaging and administration costs, unless explicitly agreed otherwise In writing. These costs are passed on to the Customer.
In the event of an increase in one or more of the cost price factors, after the day of sale but before the day of delivery, JLM Lubricants is authorized to increase the offered or agreed price accordingly, even if the increase occurs due to foreseeable circumstances. The sales prices that apply on the day of delivery are applicable.
If, between the time of the conclusion of the Agreement and the time of fulfilment of the obligation under this Agreement, on the part of JLM Lubricants, price increases might occur – for example with regard to tax charges, labour costs, transport costs, government regulations, excise duties, technical and/or organizational costs –, JLM Lubricants is still entitled to charge these costs to the Customer.
If the aforementioned price increases are disproportionate to the amount of the quotations at the time of the conclusion of the Agreement, either Party has the right to terminate the Agreement. If such an increase, as referred to in this article, takes place within three months after the conclusion of the Agreement, the Customer is entitled to dissolve (this part of) the Agreement within a reasonable period of time against payment of a reasonable compensation for the costs incurred by JLM Lubricants in direct costs incurred in connection with the Agreement.
Unless the Parties agree otherwise, discounts are deemed to be granted as one-offs and they do not bind JLM Lubricants with regard to subsequent Agreements.
Article 9 Payment
Unless expressly agreed otherwise in writing, the payment by the Customer, not being a Consumer of JLM Lubricants, must be made without any deduction, discount, compensation or (debt) settlement, within thirty (30) days after the conclusion of the Agreement. This payment term is to be considered as a strict deadline.
Unless expressly agreed otherwise in writing, the payment by the Consumer to JLM Lubricants, without any deduction, discount, compensation or (debt) settlement, must be made within thirty (30) days after the start of the cooling-off period. This payment term is to be considered as a strict deadline.
When an advance payment is stipulated, the Customer cannot assert any rights regarding the execution of the relevant order or service(s) before the advance payment has been made.
All payments must be made to an account to be designated by JLM Lubricants, if not agreed otherwise in writing. The Customer has the duty to immediately report any inaccuracies in payment data provided or specified to JLM Lubricants.
If there is good reason that the Customer fails to fulfil its obligations or will fail to do so in time, the Customer is obliged to provide sufficient security immediately and in the form desired by JLM Lubricants at the first request of JLM Lubricants and, if necessary, to supplement this for the fulfilment of all its obligations. As long as the Customer has not complied with this, JLM Lubricants is entitled to suspend compliance with its obligations.
If the Customer, not being a Consumer, does not pay within the period specified in this article, or has not paid within the period agreed further, he/she is legally in default and JLM Lubricants has, without further notice, or notice of default, the right from the due date, to charge the Customer statutory (commercial) interest on the outstanding amount until the date of full payment, without prejudice to the other rights of JLM Lubricants.
All judicial and extrajudicial (collection) costs reasonably incurred by JLM Lubricants as a result of the Customer’s non-compliance with its payment obligations will be borne by the Customer. The extrajudicial costs are set at 15% (fifteen percent) of the amount to be claimed, with a minimum of € 500.00 (in words: five hundred Euro).
If the Consumer does not pay within the period specified in this article, he/she, after he/she has been informed by JLM Lubricants of the late payment and JLM Lubricants has granted the Consumer a period of fourteen (14) days to still meet his/her payment obligations, after payment has not been made within this 14-day period, owes the statutory interest due on the amount still due and JLM Lubricants is entitled to charge the extrajudicial collection costs it has incurred. These collection fees will amount to a maximum of: 15% on outstanding amounts up to € 2,500.00; 10% on the following € 2,500.00 and 5% on the following € 5,000.00, with a minimum of € 40.00. JLM Lubricants may, for the benefit of the Consumer, deviate from the stated amounts and percentages.
The payments made by the Customer always serve to settle all legal interests and costs owed and subsequently due and payable invoices that have been outstanding the longest, even if the Customer states that the payment relates to a later invoice.
If JLM Lubricants has a claim against the Customer, JLM Lubricants is entitled to suspend all work and further services for the Customer until full payment is received from the Customer.
Article 10 Retention of ownership
All goods, property and Products sold and delivered by JLM Lubricants remain the property of JLM Lubricants until the moment that the Customer has fully complied with all his/her (payment) obligations towards JLM Lubricants, pursuant to any Agreement for the supply of Products concluded with JLM Lubricants, including claims for failure to comply with such an Agreement.
JLM Lubricants is at all times authorized to take possession of its belongings, in particular if the Customer does not pay (in time), or is presumably unable or unwilling to pay. Repossessed Products will be credited by JLM Lubricants at a value reasonably assigned by them. JLM Lubricants is never obliged to pay any compensation.
The Customer is obliged to store the Products that have been delivered under retention of title with due care and as the recognizable property of JLM Lubricants.
The Customer is obliged to notify JLM Lubricants immediately if any seizure has been made of the Products delivered under retention of title or if third parties wish to establish or assert rights to these Products.
All costs incurred by JLM Lubricants and damage suffered during the period that ownership of the Products sold by JLM Lubricants has not yet been transferred will be borne by the Customer.
Article 11 Delivery
JLM Lubricants will take the greatest possible care when implementing and delivering Products.
The place of delivery is the address that the Customer has provided to JLM Lubricants. JLM Lubricants will continue to regard the address provided by the Customer as correct until the Customer has notified JLM Lubricants of a new address. JLM Lubricants will determine the method of delivery.
The risk of loss, theft, damage or depreciation in relation to the Products to be delivered shall pass to the Customer at the time of delivery to the Customer or a pre-designated and announced representative of JLM Lubricants. JLM Lubricants is authorized to deliver the Products in instalments.
The Customer is obliged to purchase the Products at the moment they are made available. If the Customer refuses to take delivery or fails to provide information or instructions that are necessary for delivery, JLM Lubricants is entitled to store the Products at the account and risk of the Customer. The risk of loss, damage or depreciation passes to the Customer when the Products are available to the Customer.
A delivery time specified by JLM Lubricants is based on the circumstances known to JLM Lubricants at the time of the conclusion of the Agreement and, to the extent that it depends on the performance of third parties, on the information provided to JLM Lubricants by those third parties. JLM Lubricants will endeavour to pursue the specified delivery times as much as possible. Delivery times specified by JLM Lubricants will however never be regarded as strict deadlines.
If delay in delivery occurs, the delivery time will be extended by such a period that, considering all circumstances, is reasonable. If the delivery is delayed, or if an order cannot be executed, the Customer will be notified of this no later than 30 days after he/she has placed the order.
Without prejudice to the provisions of the previous paragraph to this article, if the delivery time or any other circumstance is exceeded, the Customer does not have the right to refuse to take delivery, nor is he entitled to or can claim any compensation for damages in this regard. If the delivery time is exceeded, the Customer, not being a Consumer, is not entitled to terminate the Agreement. In such a case, the Consumer does have the right to terminate the agreement without costs and the right to any compensation.
After dissolution in accordance with the previous paragraph, JLM Lubricants will immediately refund the amount that the Consumer has paid.
The Customer is aware that amendments to the Agreement may lead to delays. Amendments to the Agreement are therefore at the expense and risk of the Customer.
Article 12 Complaints
The Customer is obliged to inspect the Products delivered immediately after delivery, to the extent that this can reasonably be expected of him/her.
Complaints regarding missing or non-ordered Products which are detected during an inspection, or could reasonably have been detected, must be reported immediately, but in any case within one (1) working day after delivery in writing (with sending of the packing list) by the Customer to JLM Lubricants, accurately stating the nature and grounds of the complaints.
Complaints about defects in Products that cannot or could not be detected within the period referred to in the previous paragraph of this article must be reported in writing, within five (5) working days after they have become known to, or should reasonably have been known to, the Customer, to JLM Lubricants, accurately stating the nature and grounds of the complaints.
If a defect is found as referred to in the previous paragraph of this article, the Customer is obliged to cease any use of the Products to ensure that the Products are retained as a cautious debtor and to take the necessary measures to minimize its damage. In doing so, the Customer shall strictly follow the instructions of JLM Lubricants and fully cooperate with JLM Lubricants in investigating and finding the defect and related circumstances, such as the handling and use of the Products. In the event of complaints about the quality of the Products, these must be retained for inspection by JLM Lubricants and only be sent to JLM Lubricants after written permission by JLM Lubricants.
If the Customer has not complied with the provisions of Articles 10.1 to 10.4, or has not complied with them completely or properly, any claim by the Customer in this respect will lapse. If the Customer fails to submit complaints to JLM Lubricants within the periods specified in Articles 10.2 and 10.3, the Customer is deemed to have approved the Products and the Customer can never claim that the Products do not comply with the Agreement.
Small deviations in quality, colour, size, weight and appearance that are customary in the market or technically unavoidable do not constitute a basis for complaints.
Unless otherwise agreed in writing, return shipments – without prior permission by JLM Lubricants – are not permitted.
If it is established that a Product is defective and a complaint has been made in this regard in a timely manner, then JLM Lubricants will return the defective Product within a reasonable period after receipt thereof or, if a return is not reasonably possible, must provide written notification regarding the defect by the Customer, at the discretion of JLM Lubricants, or arrange for the repair thereof or ensure compensation thereof to the Customer. In the event of a replacement, the Customer is obliged to provide JLM Lubricants with ownership of the replaced Product by returning the replaced Product to JLM Lubricants at the first request of JLM Lubricants (including any further instructions), unless JLM Lubricants indicates otherwise.
If it is established that a complaint is unfounded, the costs incurred by JLM Lubricants as a result, including the investigation costs, will be borne in full by the Customer.
Article 13 Termination of the Agreement
JLM Lubricants can, in addition to the other rights under the Agreement (including the General Terms and Conditions) and the law, dissolve the Agreement in its entirety or for the part not yet executed at any time without further notice of default and judicial intervention and liability for damages on the part of JLM Lubricants vis-à-vis the Customer with immediate effect if:
- The Customer does not comply with one or more of its obligations under the Agreement or other agreements towards JLM Lubricants;
- The Customer is declared bankrupt;
- The Customer requests suspension of payment or offers a payment arrangement to his/her creditors;
- A debt restructuring pursuant to WSNP (Natural Persons Debt Restructuring Act) is pronounced with regard to the Consumer;
- The Customer proceeds to liquidate his/her business;
- An attachment is made on the assets of the Customer in respect of substantial debts, or if the Customer is unable to meet his/her due debts or leaves his/her due debts unpaid.
Prior to the termination of the Agreement (in any way whatsoever), invoiced amounts relating to Products already delivered under the Agreement will become immediately due at the time of termination.
Article 14 Protection of personal data
The information provided by the Customer is entered in the administration of JLM Lubricants. The data is used for the fulfilment of the Agreement, as well as for administrative purposes and for sending information to the Customer regarding Products, operations and activities of JLM Lubricants.
The Parties will treat information provided by the other Party before, during or after the implementation of the Agreement as confidential if this information is designated as confidential or when the recipient knows or should reasonably suspect that the information was intended as confidential.
The Customer and JLM Lubricants will fulfil all their privacy obligations within the context of the Agreement.
If JLM Lubricants has to take cognizance of the Customer’s confidential information when performing the work, the Customer is personally responsible for omitting personal information or other data that JLM Lubricants does not require, or making it unreadable and to transfer the personal information to JLM Lubricants in a secure manner. This applies, without prejudice to the obligation for JLM, to treat confidential information provided to it confidentially and to protect it in an appropriate manner.
JLM Lubricants will take appropriate technical and organizational measures to ensure risk-based security. The appropriate measures are in line with the current state of the art.
Article 15 Intellectual property rights
All intellectual property rights to all goods and materials manufactured and/or made available by JLM Lubricants, including (but not limited to) analyses, drawings, photographic recordings, models, brochures, catalogues, price lists, schemes, designs, (digital) reports, checklists, advice, photos, brochures, templates, sketches and other documents, belong to and are solely held by JLM Lubricants. JLM Lubricants reserves all intellectual property rights with regard to intellectual works that it uses or has used and in respect of which it has or can enforce copyright or other intellectual property rights.
The documents referred to in the previous paragraph of this article or their contents may not be made public or copied or otherwise used, in whole or in part by the Customer without prior written permission from JLM Lubricants. If usage restrictions have been agreed between the parties, the Customer will always strictly comply with the agreed restrictions. Violation of such usage restrictions results in both an attributable failure to implement the Agreement with JLM Lubricants and a violation of the intellectual property rights of JLM Lubricants/third parties.
The Agreement does not extend to the transfer of any intellectual property right from JLM Lubricants to the Customer. The Customer does not acquire any intellectual property rights as a result of the conclusion of an Agreement with JLM Lubricants.
The Customer is not permitted to remove or change any indication regarding copyright, brands, trade names or other intellectual or industrial property rights of a Product, or to make any change in the form or any other characteristic of a Product.
The Customer is forbidden to falsify, multiply or reproduce a Product in any way.
The Client will refrain from conduct that could harm rights or other interests with regard to JLM Lubricants.
Article 16 Liability
Any liability of JLM Lubricants, employees working for JLM Lubricants and/or assistants/third parties engaged by JLM Lubricants is limited to the amount paid out under the liability insurance of JLM Lubricants after deducting the deductible of such insurance.
If, for whatever reason, no payment is made under the aforementioned liability insurance, the liability of JLM Lubricants, employees working for JLM Lubricants and/or assistants/third parties engaged by JLM Lubricants is at all times per event (where a series of consecutive events counts as one event) limited to compensation for direct damage, up to a maximum of the amount that JLM Lubricants has received from the Customer under the invoice sent by JLM Lubricants.
The liability of JLM Lubricants for indirect damage suffered or to be suffered by Customer is excluded. Indirect damage is understood to mean all damage that is not direct damage and therefore in any case, but not limited to, consequential damage, lost profit, missed savings, reduced goodwill, damage due to business interruption, damage due to non-achievement of marketing objectives, damage related to the use, loss, mutilation, or destruction of data, loss of orders and/or PR damage.
The exclusion and limitation of liability, as referred to in the preceding paragraphs, does not apply if and insofar as the damage is the result of intent or gross negligence on the part of JLM Lubricants or employees working at JLM Lubricants and/or assistants engaged.
If a complaint regarding the Products delivered is found to be justified in accordance with Article 12.8 and the liability of JLM Lubricants is established in this regard, it will pay at its discretion or pay a compensation not exceeding the invoice value of the product delivered, or (if possible) replace the product supplied free of charge, after it has received back the originally delivered product. JLM Lubricants is never obliged to pay further compensation.
The provisions of this article only apply insofar as the liability of JLM Lubricants pursuant to the law or Agreement, including the provisions of these General Terms and Conditions, is not already further limited than would follow from the sole application of this article.
Without prejudice to the provisions of Article 6:89 of the Dutch Civil Code, the right to compensation lapses in any case one (1) year after the event from which the damage arises directly or indirectly and for which JLM Lubricants is liable.
Article 17 Force majeure
If, due to force majeure, JLM Lubricants fails to comply with any of its obligations, JLM Lubricants is never liable to the Client for damage, for whatever reason, arising, and it is entitled, at its discretion and without judicial intervention, to suspend the performance of the Agreement for a maximum of six months, or to dissolve the Agreement in whole or in part, without being obliged to pay any compensation.
On the part of JLM Lubricants, force majeure includes all acts over which JLM Lubricants has no influence, and other events that fall outside the sphere of influence of JLM Lubricants, even if these could be foreseen at the time the Agreement was concluded, as a result of which the execution of the Agreement is temporarily or permanently prevented, which, if not already covered, includes failure of suppliers of JLM Lubricants, illness, (civil) war, threat of war, terrorism (both attacks and the maximum security level set by the government), threat, riots, strikes, staff shortage, exclusions, transport problems, fire, weather conditions, epidemics, involuntary loss of possession, late delivery of materials and Products by the supplier of JLM Lubricants, restrictive government measures, sabotage (including but not limited to others then the employees of JLM Lubricants and/or third parties engaged by JLM Lubricants), and in general an unforeseen circumstance within the company or at location of JLM Lubricants, both at home and abroad. The foregoing also applies if the circumstances as referred to above arise with respect to or in the company of factories, importers or other traders from whom JLM Lubricants purchases or tends to purchase its Products.
Article 18 Applicable law and arbitration procedure
All Agreements concluded by JLM Lubricants to which these General Terms and Conditions apply in whole or in part are subject exclusively to Dutch law. The United Nations Convention on International Agreements on Movable Goods (the ‘Vienna Sales Convention’) is expressly not applicable.
All disputes relating to, arising out of or in connection with Offers, delivered Products, services, deliveries, agreements made, orders received, agreements concluded by JLM Lubricants or other Agreements to which these General Terms and Conditions apply in whole or in part, will be settled by the Amsterdam District Court.
