Jed’s House Limited T/A JHL Printer Spares – Terms & Conditions>>
DEFINITIONS 1
In these conditions the ‘Company’ shall mean Jed’s House Limited T/A JHL Printer Spares and the ‘Buyer’ shall mean the party with whom the Company enters into the Contract.
CONTRACT TERMS 2
By ordering any goods from the Company the Buyer will be deemed to agree that these conditions shall be incorporated into the contract cover such order and (save as expressly agreed by the Company in writing) no other conditions contained or in any letter, order form, receipt of the like received by the Company in connections with any such order shall form part of a contract made in respect of the said goods. No variation to these conditions or to any contract into which they are incorporated shall be binding unless confirmed in writing by a director of the Company; it is the Buyer’s responsibility to obtain this written confirmation.
If any Monies due to the Company are overdue within the meaning of Clause 5 hereof, the Buyer should enter into any composition or arrangement with or for the benefit of its creditors or have a receiving order in Bankruptcy made against it or being a body corporate should enter into liquidation, receivership or administration, the Company and the Buyer and/or upon the giving of notice in writing, to treat any such contract as at an end.
The Company will make every effort to keep to delivery and shipment dates specified in any contract of supply. However, time shall not be of the essence and the Company will not be responsible for any loss or damage, which may result from later or non-delivery.
No forbearance or indulgence by the Company shown or granted to the Buyer whether in respect of these conditions or otherwise shall in any way effect or prejudice the rights of the Company against the Buyer or be regarded as the waiver of any of these conditions.
QUOTATIONS 3
A quotation is for information only and is binding on the Company only if and to the extent that it is incorporated in any order, which the Company has accepted in writing. All prices quoted are exclusive of VAT.
PRICE VARIATIONS 4
Notwithstanding anything, which may be quoted or agreed, the Company reserves the right to charge the price ruling at the date of despatch.
CANCELLATION OR CHARGES 5
The cancellation of order/orders cannot be accepted unless advised as soon as possible in writing and provided that the Buyer agrees to pay the costs and expenses of the Company as a condition of the Company’s acceptance of cancellations.
PAYMENT TERMS 6
Terms are net and, subject to an express term to the contrary contained in any formal contract of supply between the Company and the Buyer, goods invoiced up to and including the last day of the calendar month shall be paid for no later than 30 days from the invoice date (time to be of the essence). This provision shall be without prejudice to the Company’s rights to require immediate payment of all outstanding invoices rendered to the Buyer where the Buyer is in default of the payment terms in this clause in respect of one or more invoices.
If payment is not received by the due date agreed between the parties, the Company reserve the right to withdraw any special terms or conditions or discounts or rebates that have or are intended to apply to any current or future contract.
INTEREST 7
The Company reserves the right to charge interest at the rate of 2% per calendar month above the bank base rate advised from time to time by the Company’s bankers (both before and after judgement) and that such interest may be claimed by the Company from the date of the invoice to the date of the payment.
TITLE OF GOODS 8
The Company and the Buyer expressly agree that until the Company has been paid in full for the goods comprised in any contract between them
The goods comprised in the relevant contract shall remain the property of the Company. The insurable risk in the goods to which any contract incorporating these conditions relates shall pass to the Buyers as soon as goods are delivered
The Company may recover goods at any time from the Buyer, if the amount outstanding from the Buyer to the Company in respect of goods supplied shall remain unpaid after the due date for payment has passed.
Pending payment for the goods the Buyer has the right to dispose of the goods in the course of its business as agent for the Company (but warranties, conditions or representations given or made by the Buyer or any third party shall not be binding on the Company who shall be indemnified by the Buyer with respect thereto)
In the event of such a disposal the Buyer shall forthwith hold the proceeds of any such sales in trust for the Company to the extent of the full invoice price of the goods.
If the Buyer incorporates such goods into other products (with the addition of its goods or those of others) or uses such goods as material for other products (with or without such addition) the property in those other products shall be deemed upon such incorporation or use to be transferred to the Company and the Buyer as agent for the Company will store the same for the Company in a proper manner without charge to the Company.
DELIVERY 9
Delivery of the goods shall be deemed to have been made to the Buyer upon completion of unloading at premises specified by the Buyer for delivery, or upon collection of the goods by the Buyer or by a carrier nominated by the Buyer.
If the contract provides for delivery by instalments, each instalment shall be deemed to form a separate contract governed by these conditions, provided that any delay in delivery or non-delivery of any instalment shall not entitle the Buyer to treat any such contract as at an end or to reject any other instalment.
CLAIMS 10
It shall be the duty of the Buyer before using goods supplied by the Company for any purpose and before parting with possession of the same, to test and examine the goods in respect and to satisfy himself of their fitness for the purpose for which they are intended to be used.
Any complaint or alleged defect in the quality of the goods, short delivery or of damage to goods in transit must be notified to the Company in writing otherwise than upon a consignment note or delivery document within 36 hours of receipt of the goods and any complaint of failure to deliver goods invoiced must be so notified within 7 days of the date of invoice.
If the Buyer shall make any complaint within the times stipulated the Company shall, after it has had a reasonable time to investigate the same and examine the goods in dispute be entitled, at its discretion, to replace the goods (If defective), or to accept the return of the goods (if defective) and credit the Buyer with sum not exceeding the amount of the net invoice price which is attributable to the goods which are subject to claim.
RETURN OF GOODS 11
The return of the goods shall not be made without prior written arrangement between the Buyer and the Company.
Goods, which the Company has agreed to accept back into its own warehouse stock will be subject to a handling, charge of not less that 25% of the invoiced value of such goods. All goods returned must have been properly prepared for transportation and be in undamaged condition. The Company will be unable to credit any goods returned that do not comply with this requirement.
MATERIALS 12
The Company shall not be bound by any oral warranty or representation given or made on its behalf unless contained in a written contract or otherwise confirmed in writing by an authorised officer of the Company, or by an implied term, condition or warranty whether arising by implication of law or to be implied by circumstances save and except a warranty that goods sold shall correspond with the contractual description.
LIMITATION OF LIABILITY 13
Except as otherwise expressly mentioned in these conditions the Company shall have no liability of any kind whatsoever to the Buyer in respect of any loss or damage (whether direct, indirect, economic or consequentially) suffered by the Buyer to property or otherwise in respect of any goods supplied or work done by the Company (other than liability for negligence resulting in personal injury or death).
INDEMNITY 14
The Buyer shall indemnify the Company against any claim made against the Company by a third party arising out of any goods supplies by the Company.
GOODS TO ORDER 15
If the goods manufactured or especially ordered to the Buyer’s specification are ready for delivery and the buyer fails to take delivery at the time required by the contract the Company shall be entitled
To invoice such goods forthwith
ii. To charge at rates giving and economic return for the handling and storage of such goods, and for their insurance from the date of the invoice to the date when the Buyer takes delivery or the Company disposes of the same.
If the Buyer fails to take delivery within 30 days of the date for the invoice the Company shall be entitled to treat the contract as at an end and shall be entitled to resell the goods.
FORCE MAJEURE ETC. 16
The Company shall not be liable for failing to perform the Contract whether wholly or in parts, if failure is caused either wholly or partly by any circumstance or circumstances out of the Company’s control, which shall include any form of industrial action or acts of war etc.
PROPER LAW 17
These Terms and Conditions shall be governed by English Law and any dispute arising out of or in connection with the same shall be determined by the English Courts.
ADDITIONAL TERMS 18
A consumer/individual shall, subject to the terms set out in this Clause 11 have the right to cancel a Contract within 7 working days from the day after the date of delivery of the Goods by the Company to the consumer/individual provided that he/she gives written notice of such cancellation in accordance with Clause 5
If a consumer/individual exercises his/her right to cancel a Contract pursuant to Clause 11 the Company shall, in accordance with the Regulations, reimburse any payment made by the consumer within 30 days from the day on which he/she gave such notice of cancellation, provided that the consumer shall not be entitled to a repayment in the event that:
He/she does not take reasonable care of the Goods either prior to cancellation of the Contract or, following cancellation, while the Goods remain in the possession of the consumer. For the purposes of this sub-clause a consumer shall be deemed not to have taken reasonable care of the Goods if such Goods are not kept packed in their original box complete and the external packaging is defaced or damaged in any way, the goods are not returned in a condition fit for resale.
Any Goods returned by a consumer pursuant to this Clause 18 shall be subject to a return charge of £10.00 plus VAT per Goods returned which represents the direct costs incurred by the Company for such return.
