TERMS AND CONDITIONS OF SALE
All
orders are accepted subject to our Standard Conditions of Sale
reproduced below, which apply to and govern all contracts, quotations,
sales, supplies and deliveries of goods, materials, services,
hire of plant and other products (hereinafter called Products),
by the Company or its representatives to any individual Firm,
Company or other person (hereinafter called the Buyer), to the
exclusion of all and any standard terms of the Buyer and of
all or any other conditions, warranties or terms otherwise implied
or expressed.
The
giving of an order by the Buyer to the Company for any product
shall constitute an unqualified acceptance by the Buyer that
if the Company accepts the order, the hire, sale, supply or
delivery of such products by the Company will be governed solely
by these Conditions of Sale, with the only exception being where
in addition to these Conditions of Sale "our General conditions
for the Hiring of Plant", will apply to all Plant Hire Contracts.
No variation of these Conditions of Sale and no
oral stipulations or representations shall be binding on the
Company, unless expressly agreed to in writing and signed by
a Director of the Company on its behalf. Pictures used are for
illustration purpose only and may not represent the exact product.
JC
Electrics and JC Electrics.com are trading names of JC Electric
Limited. Reg office - Unit 6 , Parc y Bont ,
Anuerin Bevan Avenue, Brynmenyn Industrial Estate, Bridgend. CF32 9TD. Reg No. 06448390
PRICES
Except
as otherwise expressly stated and contracted, the company reserves
the right to vary prices at any time. Stated prices are exclusive
of all Value Added Tax or Duties.
Prices
quoted in foreign currency may be adjusted at any time in relation
to variations in the appropriate exchange rate and are ex works
the Company premises, England. The price does not include the costs
of freight carriage, packing or insurance which unless otherwise
expressly agreed to in writing, will be additionally charged
to the Buyer.
DELIVERY
The
Company shall make all reasonable efforts to meet quoted delivery
dates. Time shall not be of the essence and we shall not be
liable for late or incorrect delivery, howsoever caused. We
reserve the right to delivery by installments. The Buyer shall
inspect all goods on delivery.
The
Company reserves the right to refuse claims for non-delivery,
damaged goods or shortages, if the Buyer fails to take the following
actions:
i)
Buyer shall endorse Carrier's note appropriately.
ii)
Buyer shall advise the Company immediately by telephone or facsimile
to the branch of issue.
iii)
Buyer shall send full particulars of claim to the Company in
writing within three days after delivery.
Carriage on all Heavy Goods covers delivery to the GROUND FLOOR of the premises only. Our carriers may refuse to deliver storage radiators and other heavy items above or below ground floor level. Please note that whilst we are able to advise you about the expected day when your order will be delivered, we are unable to be specific about timings. We will endeavour to give as much notice as possible regarding storage heater deliveries.
In
case of non-delivery of whole consignment, the Buyer shall advise
the Company within 14 days after date of invoice.
The
Buyer shall be bound to pay for all goods, notwithstanding any
alleged non-delivery or shortage of goods if the foregoing conditions
have not been complied with.
FORCE
MAJEURE
The
Company shall not be liable for any loss or damage caused by
delay in its performance or non-performance of any of its obligations
hereunder, where the same is occasioned by any cause whatsoever
that is beyond the Company's control. Should any such event
occur the Company may cancel or suspend any contract without
incurring any liability for any loss or damage occasioned.
TITLE
AND RISK
a)
The risk in the goods passes to the Buyer upon delivery but
title in goods remains vested in the Company and shall only
pass from the Company to the Buyer upon full payment of the
agreed price being made by the Buyer together with the full
price of any other goods the subject of any other contract with
the Company.
b)
The Buyer agrees that prior to the payment of the whole price
of the goods, the Company may at any time enter upon the Buyer's
premises and remove the goods therefrom and that prior to such
payment the Buyer shall keep such goods separate and identifiable
for this purpose.
c)
If any of the material is incorporated in or used as material
for other goods before such payment, the property in the whole
of such goods shall be and remain with the seller until such
payment has been made or other goods shall have been sold as
aforesaid, and all the seller's rights hereunder in the material
shall extend to those other goods.
d)
The Buyer will provide upon the request of the Company or its
nominated agents, details of any sites or locations where any
goods being the property of the Company under Clause (a) of
these conditions are from time to time kept and further more
the Buyer will co-operate fully by assisting the Company in
the recovery of the said goods.
e)
The intending Buyer acknowledges that until such time as payment
is made, it is in possession of the goods solely as bailee for
the Company and shall store the goods separately from its own
goods and in such a fashion as to be readily identifiable by
the Company's representatives.
f)
In no circumstances shall any goods be returned to the Company
without prior written consent.
g)
The Buyer shall be at liberty to sell or use the product in
the ordinary course of business, but the Company may revoke
this power by notice to Buyer if the Buyer defaults in payment
of the whole or part of the purchase price of the products.
h)
The Buyer's power of sale or use automatically ceases and full
title of all unpaid for products reverts to the seller if a
receiver is appointed over any of the assets or the undertaking
of the Buyer or if a Winding up Order is made against the Buyer
or the Buyer goes into liquidation or calls a meeting or makes
any arrangements or composition with creditors or commits any
act or bankruptcy or allows execution to be levied against it
or its goods.
WARRANTY
The
Company warrants that the goods shall at the time of delivery
correspond to the published specifications when used for the
purpose for which Goods of that type are normally used. Although
the Company uses every effort to ensure that all products are
manufactured or supplied to specification, it is in all cases
including repeat orders, for the Buyer to ensure by adequate
tests or otherwise that the goods are fit and suitable for the
purpose for which the Buyer requires them and in the specific
conditions and on the specific substrate's in which they will
be used or applied and to be within such reasonable tolerance
and variations as are generally acceptable within the industry.
If
any of the products are proved to be defective, the Company's
entire liability hereunder shall be strictly limited to
a)
replacement at the sellers expense of any products which are
proved to the seller's satisfaction to be defective or
b)
bringing the products into conformity with the published specifications
of the Company or
c)
take back the products found not to conform to the warranty
and refund the total of the purchase price.
The
liability of the Company under the foregoing is conditional
upon:
a)
The Buyer conforming with the Delivery
Conditions
b)
The Buyer shall advise the Company immediately by telephone
the issuing branch of the alleged defect
c)
The Buyer giving written notice or by facsimile to the issuing
branch within 7 days of the alleged defect and in any event
within 10 days of receipt of Products
d)
The Buyer affording the Company reasonable opportunity to inspect
the products, application and site conditions
e)
The Buyer making no further use of the products that are alleged
to be defective after the time at which the Buyer discovered
or ought to have discovered the alleged defect
While
the Company will use its best endeavors to give instructions,
recommendations and advice to a Buyer in respect of storage,
application and use of the products, it shall be understood
that it shall be the responsibility of the Buyer to satisfy
himself that the intended application of the products is suitable
in each particular application and use.
Save
as stated above all Conditions and Warranties expressed or implied
whether by Statute, Common Law or otherwise as to the Conditions
or fitness for any purpose of the products are hereby excluded
and the Company shall be under no liability for and direct or
subsequential loss or damage howsoever arising, which may be
suffered by the Buyer by reason of any defect in or failure
to perform on the part of the product.
The
liability of the Company under this Contract shall be limited
to any defects which appear in the course of normal usage and
application, during the period of 12 months from the date of
delivery to the Buyer.
Unless you are dealing
as a consumer (within the meaning of the Unfair Contract Terms
Act 1977, as amended), all warranties, conditions or other terms
implied by statute or common law are excluded to the fullest
extent permitted by law. If this is a consumer transaction your
statutory rights are not affected by these conditions.
PATENTS
AND TRADE MARKS
No
representation, Warranty or indemnity is given by the Company
that the goods do not infringe any Letter, Patent, Trade Marks,
Registered Designs or other industrial rights.
GOVERNING
LAW
This
Agreement will be governed by and construed in accordance with
English Law. The Buyer irrevocably submits in respect of all
matters and disputes arising out of this Agreement to the exclusive
jurisdiction of the English Courts.
ASSIGNMENT
This
Contract is personal to the Buyer and may only be assigned with
the written consent of the Company.
PAYMENT
Unless
the Company otherwise agrees or the sale is a cash on delivery
sale or by irrevocable letter of credit, payment is due in full
by the last day of the month following the month in which the
Buyer is invoiced in respect of the relevant products.
Payment
should be made to JC Electric Limited in sterling or equivalent
sum thereto. If the Buyer fails to make payment in full in accordance
with the terms set out herein, the Company reserves the right
to cancel or suspend any further delivery or supply of products
and to make an additional charge of interest on the moneys outstanding,
at the rate of 2% per month from the date of invoice. If at
any time the credit standing of the Buyer has in the opinion
of the Seller been impaired, the Company may refuse delivery
of products required.
CANCELLATION
OF ORDERS
Orders
for Products may not be canceled or suspended without the Company's
prior written consent. Any cancellation or suspension of an
order which the Company does agree to,
shall be on the condition that the Buyer shall indemnify the
Company against any loss incurred wholly or in part by the cancellation
or suspension.
All orders placed for goods and subsequently cancelled for whatever reason by the buyer prior to dispatch will be subject to an administration charge of 10% of the total sum of the order.
Orders cancelled after dispatch will be subject to a late cancellation charge of 10% of the total sum of the order plus shipping and handling costs.
RETURN
OF GOODS
No
goods are supplied on a sale or return basis. There shall be
no liability on the Company to accept returned goods.
CONFIRMATION
OF ORDERS
In
order to avoid orders being duplicated, all orders that are
confirmation of orders previously placed should clearly indicate
the fact.
Where
the Buyer orders non-standard products which are specifically
manufactured or produced to his unique requirements, the Buyer
shall accept the supply or a quantity whether more or less within
10% of the stipulated amounts. In such circumstances the Invoice
value of the goods shall be subject to a corresponding adjustment.
EXPORT
TO EU AND NON-EU COUNTRIES
Without
prejudice to these Conditions of Sale, products for export shall
be the Buyers risk from the time of collection by the Freight
Carrier from the Company's premises. All prices quoted are exclusive
of all Taxes, Duties, Insurance, Packing and Freight, unless
otherwise expressly quoted for in writing, and any other costs
incurred by the Company but not included in the price of the
products.