Japanese Solderless Terminal
Japanese Solderless Terminal
These General Terms and Conditions of Sale shall apply to the products offered by J.S.T. ESPAÑA, S.A.U., with registered office at Calle Vilatort, No. 20, Polígono Industrial Coll de Montcada, Postcode 08110, Montcada i Reixac, Barcelona, Spain, holding Tax Identification Number A-08691453, and registered with the Barcelona Commercial Registry under sheet B-37372, volume 29148, page 18.
These general terms of sale are intended to regulate the contractual relationship between J.S.T. ESPAÑA, S.A.U. and its customers arising from the sale of its products and shall therefore be considered a binding contract between the parties. The General Terms and Conditions of Sale shall apply to all matters not expressly governed by any specific conditions agreed with the customer.
Accordingly, the sale of products by J.S.T. ESPAÑA, S.A.U. shall be subject to these General Terms and Conditions of Sale and shall be supplemented, where applicable, by any specific conditions that J.S.T. ESPAÑA, S.A.U. may have agreed with its customers for each individual order.
For any communication with J.S.T. ESPAÑA, S.A.U., the customer may contact the following email address: jst@jst.es.
These General Terms and Conditions shall apply to sales contracts relating to the products offered by the company for industrial use. Such products are those offered on the website of J.S.T. ESPAÑA, S.A.U., accessible through the following link, where the product catalogue may be consulted:Catalogue – JST
3.1. Once the order request has been received, J.S.T. ESPAÑA, S.A.U. shall confirm receipt by sending an acknowledgement of receipt by email to the address provided by the customer, within 24 to 48 hours following receipt of the request.
3.2. 3.2.Upon receipt of the order, it shall be deemed accepted, acknowledged and the contract shall be considered concluded at the time J.S.T. ESPAÑA, S.A.U. sends the corresponding confirmation. A confirmed order may not be cancelled, as once confirmed, it constitutes a binding sale agreement.
3.3. J.S.T. ESPAÑA, S.A.U. reserves the right to reject an order, without any liability arising therefrom.
3.4. 3.4. Any modification of the order must be made in writing by the parties and with the agreement of both.
3.5. All communications between the parties relating to the order shall be made in writing or by the agreed electronic means and, in order to be binding, must be signed by persons duly authorised by both parties. The parties agree on the validity of email as a valid means of communication for all matters relating to the day-to-day management of the order. For matters exceeding the scope of day-to-day customer relationship management, communications must be made by reliable means. Unless otherwise agreed, the registered office of the parties shall be deemed the valid address for notification purposes.
For any information regarding the order placed, the customer may contact J.S.T. ESPAÑA, S.A.U. through the contact form available on our website, by email atjst@jst.esor through the sales representative who usually manages the customer’s account.
We guarantee that all products purchased are of optimal quality and suitable for all purposes for which such products are commonly supplied.
Given that the products of J.S.T. ESPAÑA, S.A.U. are acquired for the purpose of being integrated into production, processing or commercialisation processes, the purchaser shall not be considered a consumer, and the warranty regime for defects in goods or products shall be governed by the provisions of the Commercial Code.
Below, we inform you of your rights in relation to potential quality issues that may become apparent at the time of delivery of our products:
5.1. Apparent defects
Quality defects shall be considered apparent when they are visible or when the purchaser can detect them after examining the goods. If apparent quality defects are identified, the purchaser may submit a claim at the time of receipt of the goods or within four (4) days from receipt, by sending an email to jst@jst.es, documenting such defects. If the claim is not submitted within the indicated period, J.S.T. ESPAÑA, S.A.U. shall not accept any claim for apparent defects.
If a claim for apparent defects is received within the indicated period, J.S.T. ESPAÑA, S.A.U. shall be obliged to provide a proposed solution for the purchaser’s consideration.
In all cases, the purchaser must comply with the evidence requirements regarding the alleged defects as requested by J.S.T. ESPAÑA, S.A.U., which may include the inspection or examination of the goods allegedly affected by such apparent defects by personnel designated by J.S.T. ESPAÑA, S.A.U. If the purchaser fails to comply with the requests for evidence or inspection of the goods made by J.S.T. ESPAÑA, S.A.U., the latter shall be released from any liability or obligation to provide a proposed solution.
Among the possible solutions to such lack of quality, the purchaser may choose from the proposals of J.S.T. ESPAÑA, S.A.U., which shall be offered optionally and alternatively, to be selected by mutual agreement between both parties, consisting of:
J.S.T. ESPAÑA, S.A.U. shall not accept any claim for quality defects arising from force majeure or fraud.
For the effective exercise of these rights, the Purchaser must prove the date of acquisition and receipt of the product, as well as its traceability (lot number and coil number). Likewise, the Purchaser must strictly follow the instructions of J.S.T. ESPAÑA, S.A.U. included in the documentation accompanying the Product, where applicable, depending on the product range and model.
J.S.T. ESPAÑA, S.A.U. shall issue a response or proposed solution to the claim submitted by the customer as soon as possible following receipt of the claim.
No warranty is granted in respect of normal wear and tear resulting from the use of the Products, or from use that contravenes the usage recommendations of J.S.T. ESPAÑA, S.A.U., or from failure to use the original tools supplied by J.S.T. ESPAÑA, S.A.U.
5.2. Hidden defects or internal defects
Quality defects shall be considered hidden defects or internal defects when they are not visible and cannot be detected by the purchaser upon examining the goods at the time of receipt. In such cases, the purchaser must submit a claim to J.S.T. ESPAÑA, S.A.U. within thirty (30) days from receipt of the products, by email sent to the sales representative responsible for the account or, failing that, to jst@jst.es
These are defects which, due to their nature, render the products unsuitable for the use for which they are intended, or which, had they been known, would have prevented their purchase or would have resulted in a different purchase price.
J.S.T. ESPAÑA, S.A.U. shall not accept any claim for quality defects arising from fortuitous events or fraud.
In all cases, the purchaser must comply with the evidence requirements regarding the alleged defects as requested by J.S.T. ESPAÑA, S.A.U., which may include the inspection or examination of the goods allegedly affected by such hidden defects or internal defects by personnel designated by J.S.T. ESPAÑA, S.A.U. If the purchaser fails to comply with the requests for evidence or inspection of the goods made by J.S.T. ESPAÑA, S.A.U., the latter shall be released from any liability or obligation to provide a proposed solution.
For the effective exercise of these rights, the Purchaser must prove the date of acquisition and receipt of the product, as well as its traceability (lot number and coil number). Likewise, the Purchaser must strictly follow the instructions of J.S.T. ESPAÑA, S.A.U. included in the documentation accompanying the Product, where applicable, depending on the product range and model.
Among the possible solutions to such lack of quality, the purchaser may choose from the proposals of J.S.T. ESPAÑA, S.A.U., which shall be offered optionally and alternatively, to be selected by mutual agreement between both parties, consisting of:
J.S.T. ESPAÑA, S.A.U. shall issue a response or proposed solution to the claim submitted by the customer within a period of seven working days from receipt of the claim.
7.1. The prices of the products shall be those indicated at any given time in the customer’s Extranet area or those stated in the offer submitted to the customer for consideration and approval, and shall be expressed in euros. The prices indicated for each product do not include Value Added Tax (VAT).
7.2. Prices do not include shipping costs or any other additional services to the purchased product. The product price, applicable taxes and shipping costs shall be itemised at the time of purchase so that the customer can be fully informed of the amount due.
7.3. J.S.T. ESPAÑA, S.A.U. reserves the right to set a credit limit for each customer and to condition deliveries on such limit and/or on the provision of a sufficient payment guarantee.
7.4. J.S.T. ESPAÑA, S.A.U. reserves full ownership of the products sold until full and effective payment by the customer of the price and the invoiced amounts. Consequently, until full payment of the invoiced amounts has been made, the customer shall be deemed a mere custodian of the products, without this implying any exemption from the liability regime arising from delivery and transfer of possession.
8.1. Payment must be made under the conditions set out in each case in the order invoice issued by J.S.T. ESPAÑA, S.A.U. Advance payment shall not entitle the customer to any discount.
8.2. Failure to pay the price within the deadlines established in the order invoice and consequently accepted by the customer, as well as any delay in payment, shall constitute a material breach of the customer’s obligations and shall entitle J.S.T. ESPAÑA, S.A.U. to seek termination of the sales contract or to demand its performance. In both cases, J.S.T. ESPAÑA, S.A.U. shall be entitled to obtain compensation for any damages and losses caused by the failure or delay in payment, in addition to the commercial late-payment interest indicated below. Where there are other ongoing orders or partial deliveries have been made and products remain to be delivered, J.S.T. ESPAÑA, S.A.U. shall be entitled to suspend such contracts and to terminate them in the event of non-payment of previous invoices, as such breach of the customer’s payment obligations shall constitute a material breach of the contract.
8.3. Failure to comply with payment obligations shall automatically give rise, without the need for any formal requirement or judicial or extrajudicial action, to the accrual of default interest.
8.4. In the event of default in the fulfilment of the payment obligation by the customer, the customer shall compensate J.S.T. ESPAÑA, S.A.U. for the damages and losses caused and shall also pay the following amounts that may have accrued as a result of such default:
9.1. As a general rule, the products shall be delivered within a period to be determined at the time of order confirmation by J.S.T. ESPAÑA, S.A.U., which shall not be liable to the customer for any delays in the delivery of the products that are due to force majeure or fortuitous events.
9.2. Force majeure shall be understood to include any circumstances in which unforeseen events occur, or events which, although foreseeable, are unavoidable, which do not depend on the will of the parties or are beyond their control, cannot be prevented by them, and result in the impossibility of performing, in whole or in part, the obligations of J.S.T. ESPAÑA, S.A.U.
The suspension of the contractual obligation to deliver the contracted products by J.S.T. ESPAÑA, S.A.U. shall remain in effect for as long as the cause giving rise to the force majeure situation persists. Should such a situation arise, J.S.T. ESPAÑA, S.A.U. shall notify the customer thereof as soon as possible and shall make all reasonable efforts to resolve the cause of the suspension within the shortest possible time.
If the force majeure situation were to continue for such a period of time that delivery is completely frustrated and no longer meets the needs of the order, or in any event if it were to last for more than three months, the customer may, upon giving 15 days’ prior notice, request termination of the order.
9.3. In the event that the customer makes a modification to an order, the delivery period shall commence from the date on which the company receives such modification request.
9.4. J.S.T. ESPAÑA, S.A.U. shall endeavour to deliver its products within the deadlines agreed with its customers, taking into account the resources and capacities available at any given time. To this end, J.S.T. ESPAÑA, S.A.U. may carry out partial deliveries of the order, and the customer shall be obliged to make payment in accordance with the order conditions as such partial deliveries are made, where applicable.
In the event that J.S.T. ESPAÑA, S.A.U. determines that a delay in the delivery of the products in relation to the date scheduled or estimated in the order confirmation is foreseeable, both parties agree that, in accordance with the principle of contractual good faith, J.S.T. ESPAÑA, S.A.U. shall communicate the new expected delivery date as soon as possible. The customer accepts such new delivery date or grace or courtesy period, which shall not constitute a breach of obligations attributable to J.S.T. ESPAÑA, S.A.U.
9.5. Any delay in delivery caused by supply chain issues arising from the pandemic or similar extraordinary circumstances shall constitute a force majeure event and, therefore, no breach of obligations may be attributed to J.S.T. ESPAÑA, S.A.U. as such circumstances are beyond its control and are unforeseeable in the context of the pandemic. Accordingly, the obligation to deliver shall be suspended until J.S.T. ESPAÑA, S.A.U. is able to provide a new delivery date. In any event, if such situation were to last for more than three months, the customer may, upon giving 15 days’ prior notice, request termination of the order. J.S.T. ESPAÑA, S.A.U. upon giving 15 days’ prior notice, request termination of the order.
10.1. The customer is solely responsible for the selection of the product subject to the sale, as well as for the use or purpose for which it is intended. Consequently, J.S.T. ESPAÑA, S.A.U. shall not be liable for, nor does it guarantee, that the product is suitable for the technical applications intended by the customer or for achieving, in whole or in part, the objectives envisaged by the customer when purchasing the products. In this regard, the customer shall have no right to return the products or to claim a refund of the price paid. Any technical advice provided by J.S.T. ESPAÑA, S.A.U., whether verbally or in writing, before and during the use of the product, is given in good faith but without any warranty. Such advice does not release the customer from the obligation to use the supplied product for the processes and purposes for which it is normally intended and in accordance with the instructions and original tools provided by J.S.T. ESPAÑA, S.A.U.
10.2. Any liability of J.S.T. ESPAÑA, S.A.U. for damages or losses caused by defects in the products is excluded, except where it is expressly required by mandatory legal provisions. Likewise, J.S.T. ESPAÑA, S.A.U. shall not be liable for incidental, indirect or consequential losses or damages, loss of profit, loss of production or business, or product development risks.
10.3. In any event, should J.S.T. ESPAÑA, S.A.U. be required to assume any liability for damages or losses suffered by the customer, such liability shall be limited to an amount equivalent to the value corresponding to the order of the product that caused the damage, unless a mandatory applicable legal provision imposes a higher quantitative limit on J.S.T. ESPAÑA, S.A.U.
10.4. The customer shall be solely responsible and, where applicable, shall release J.S.T. ESPAÑA, S.A.U. from liability for any damages arising to its own employees or to third parties as a result of improper use, storage, preservation, handling or processing of the products, in particular, without limitation, where the customer has failed to observe the indications, warnings or instructions that J.S.T. ESPAÑA, S.A.U. may have provided in this regard.
10.5. J.S.T. ESPAÑA, S.A.U. shall in no event be liable to third parties for causes beyond its control, including the customer’s failure to comply with the regulations applicable to the products. The customer shall indemnify and hold J.S.T. ESPAÑA, S.A.U. harmless against any and all liability arising from any claims, damages and/or losses deriving, directly or indirectly, from the customer’s breach of the obligations assumed under the contractual relationship.
11.1. The contractual relationships between J.S.T. ESPAÑA, S.A.U. and the Customer governed by these contractual conditions shall be governed by Spanish law. The parties expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods of 1980 (Vienna Convention).
11.2. 11.2. Any matters that may arise in connection with the performance or interpretation of the General Conditions and the Order shall be submitted by the parties to the jurisdiction of the Courts and Tribunals of Barcelona, with express waiver of any other jurisdiction that may be applicable.
In compliance with the duty of information established by Regulation (EU) 2016/679, the General Data Protection Regulation (GDPR), the Data Controller, J.S.T. ESPAÑA, S.A.U., with registered office at C/ Vilatort, No. 20, Pol. Ind. Coll de Montcada, 08110, Montcada i Reixac, Barcelona (Spain), Tax ID A08691453, telephone +34 93 564 21 20, email jst@jst.es, informs the customer and its representatives that the personal data provided for the establishment of the contractual relationship, as well as any other data that may subsequently be necessary for its proper development, shall be processed solely and exclusively for the purpose of ensuring the proper management of such contractual relationship, including accounting, tax and administrative management, with the corresponding follow-up.
The legal basis for the processing of such personal data is that it is necessary for the performance and proper development of the contractual relationship to which the data subject is a party, arising from the services and products ordered, together with compliance with any applicable legal, tax and accounting obligations.
We inform you that personal data will only be disclosed to banking institutions for the corresponding collections, and to carriers for the transport and delivery of the products (such disclosures being necessary for the proper performance of the contractual relationship). No other data disclosures shall take place, except where required by law.
Such data shall only be retained for the duration of the contractual relationship and, in any event, for the period necessary to address any potential legal and enforceable liabilities that may arise from the purpose for which the data is collected, which shall in no case exceed six (6) years from the date of the last invoice.
You may exercise your rights of access, rectification, erasure, data portability, restriction or objection to the processing of your data by contacting J.S.T. ESPAÑA, S.A., and if you consider that your rights have not been adequately satisfied, you may lodge a complaint with the Supervisory Authority.