As a matter of principle, these general terms and conditions of business shall take precedence, even in the event of conflicting terms and conditions of the customer. Changes require the written form. Subsidiary agreements shall only be valid if they are fixed in writing. This applies in particular to promises of properties. If individual provisions are invalid, the validity of the remaining provisions shall not be affected.
The warranty extends only to the service provided by JMD. In particular, no liability is assumed for the fact that the service rendered can be used for a specific purpose by the customer, unless this has been conceded. This applies in particular to the fact that an unusual use takes place. A warranty for improper storage or use of JMD products (UV rays, scratching, unsuitable chemicals or cleaning agents) is not assumed. When helmets are purchased, JMD cannot guarantee the correct prescribed homologation in the race series being operated. The client is solely responsible for ensuring that the helmets purchased from JMD comply with the prescribed homologation of the corresponding race series. Recommendations of the company JMD are not a guarantee and in case of arising problems no liability is taken over.
The painting and mounting of non-homologated accessories (e.g. Topwing), on helmets, is for show purposes only and must not be used in racing. In case of disregard and its consequences for competition results (disqualification), JMD cannot be held responsible.
Chrome finishes are a special effect, which must be regarded as a prototype in each case and where small quality restrictions (run-off marks, dust inclusions, small scratches) cannot be regarded as a defect.
Matte finishes are only permanently durable with limitations and can lose their matte finish through improper cleaning and use of polish.
Fluorescent paints 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 of the contract.
For products delivered by the customer, JMD does not assume any warranty for any pre-existing material defects or restrictions on the liability and therefore durability of the performance due to the surface structure (e.g. paint adhesion on the helmet shell).
3. Payment/Retention of title
If no other agreement has been made, there is a payment period of 10 days for the services provided by JMD. If the payment deadline is exceeded by more than 30 days, JMD is entitled to charge the customer for the costs of a dunning procedure or the commissioning of a collection agency. With placing of order a pre-payment of 300€ is considered as agreed upon. With larger orders starting from 10000€ net order volume a down payment can be required at a value of 50% of the invoice amount to the beginning of the order. Commissioned and created graphics, which do not end in an order, will be invoiced according to time spent. The paid deposit of 300€ does not have to be sufficient.
As long as the service is not paid in full, there is a reservation of title in favor of JMD.
4. Design templates/Copyright
The service rendered by JMD does not entitle the customer to further use or reproduction of the design without express permission. The idea, the draft and the created design are subject to copyright protection.
Insofar as the customer submits design templates, in particular in the form of data carriers, JMD assumes no liability or warranty for the loss or correct transfer of the data or their storage and retransfer. The photos and graphics provided by JMD are subject to copyright and may not be reused 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 item is transferred.
Should graphics and templates designed by JMD be used for implementation by other companies, prosecution and claims for damages are not excluded.
If, in the course of work based on templates or drawings or other information provided by the customer, the property rights of third parties are infringed, the customer shall indemnify us against all claims, including all costs.
The shipment of the delivered helmets is at the risk of the customer. Payments are to be made without deductions within 10 days after invoice. Costs incurred in the event of delayed delivery of a design service are not enforceable.
6. Place of jurisdiction
The place of performance/place of jurisdiction is agreed to be the registered office of JMD. The law of the Federal Republic of Germany applies. The place of jurisdiction is the registered office of JMD.