Terms
& Conditions
GENERAL
1,
in these Conditions of
“The Company”
means J.J.IT Limited “The Buyer” means the person, firm or Company
ordering or buying goods from the Company.
“The
Goods” mean the Goods the subject matter of the relevant order for sale.
2.
No contract in respect of the Goods between the Company and the buyer
shall exist
until the Buyer’s order has been accepted by the
Company. In the event that the Buyers
order seeks to make the sale subject to terms
different from these conditions,
acceptance of the Buyers order by the Company (whether or
not such acceptance is
accepted by formal order acknowledgement) shall be deemed
to be a fresh offer by the
Company on the basis of these conditions. In
which event (unless these conditions are
accepted by the Buyer prior to delivery) acceptance of
delivery of the Goods by the
Buyer
shall constitute acceptance of the Company’s offer and the contract of
shall be formed at that moment. No conditions or terms
stipulated in any other
communications or document shall vary or annul any of
these conditions except insofar
as the same are expressly consented to in writing
by the Company.
PRICE
3.
Quoted prices include the cost of normal packaging but exclude
delivery, transit
insurance (which is carried at extra cost) VAT or
installation charges (where
applicable). Any work carried out additional to that
specified in the relevant
quotations or order, whether experimentally or otherwise,
shall be charged.
4.
The prices for the Goods shall be those ruling at the date of despatch
and the
Company
reserves the right to amend its quoted prices at any time prior to the date of
despatch.
DESPATCH
AND PAYMENT
5.
(a) unless otherwise stated the price quoted
is packed ex our warehouse. An extra
charge may be levied to cover delivery and insurance
costs. A charge may be made to
cover any extra costs involved in delivery to a
different address.
(b)
Should expedited delivery be agreed an extra fee may be charged to
cover any
overtime or any other additional costs involved.
(c ) Should work be suspended at the request
of or delayed through any default of the
Buyer
for a period of 30 (Thirty) days the Company shall then be entitled to payment
for work already carried out, materials specially
ordered and other additional costs
including storage.
CREDIT
POLICY AND PAYMENT INFORMATION
6.
If you do not have a credit account open with us, please ask for a
credit
application form. Accounts usually take 2 working
days to set up, but this period can
be reduced if specifically requested. Our credit
controllers will be pleased to assist
with any problems related to credit.
We are
pleased to offer credit terms to qualified parties. Our credit terms are 30
(Thirty) days NET from date of invoice.
Statements are sent out at monthly intervals
to enable you to check your current invoices paid
and due. Accounts with overdue
balances will be placed on credit hold. This means that
no further Goods will be
shipped and all support and repair/Warranty services
withdrawn until the account is
brought into order. Repeated failure to keep to our
credit terms will result in the
permanent loss of credit facilities.
RETENTION
OF TITLE
7.
The Company and the Buyer expressly agree that until the Company has
been paid in
full for the Goods comprised in this or any other
sales contract between them and all
outstanding amounts due to the Company from the
Buyer or any associated or subsidiary
or holding company of the Buyer or from any
Director or shareholder of the Buyer or
any other such company.
• The
Goods shall remain the property of the Company and the buyers, as bailees
of them for the Company will store the same for the
Company in a proper manor
without charge and in such a way that the Goods are
clearly identified as being
the property of the Company, not withstanding that
the risk therein shall pass
to the buyer as provided herein.
• At any
time the Company may recover from the buyer the Goods remaining in the
buyers possession and for the purposes thereof may
enter upon any premises of
or occupied by the buyer or any third party (with
the consent of the third
party).
• The
Buyer has the right to dispose of the Goods in the course of its business
for the account of the Company and pass good title
to the Goods to their
customers being bona fide purchasers for value without
notice of the Company’s`
rights.
• In the
event of such disposition the Buyer or its Director(s) (if a Limited
Company)
has the fiduciary duty to account to the Company for proceeds thereof
but may retain there from an excess of such proceeds
over the amount outstanding
to the Company under this or any other sales
contract between them and for all
outstanding amounts due to the Company from the
Buyer or any associated or
subsidiary or holding Company of the Buyer or from any Director
or shareholder
of the Buyer or any other such Company.
8.
Not withstanding the processing condition, all risk in respect of the
Goods shall
be assumed by the Buyer upon the delivery of the
same to him.
BUYERS
PROPERTY
9.
(a) the Buyer’s property supplied
to the company by or on behalf of the Buyer
shall, while it is in the possession of the Company or
in transit to or from the
Buyer,
be deemed to be at the Buyers risk and the buyer shall insure accordingly.
(b)
The Company shall be entitled to make a reasonable charge for the
storage of any
of the Buyer’s property with the Company before the
receipt of the order or after
notification to the buyer of the completion of the
work.
LOSS
OR DAMAGE IN TRANSIT OR NON-DELIVERY
10.
The buyer shall examine the Goods immediately when they are delivered
to him. The
Company
reserves the right to reject claims in respect of shortages or damage in
transit or non-delivery of the Goods, 28 days after the
due date for delivery.
LATE
DELIVERY
11.
While the Company will use its best endeavours to deliver the Goods in
accordance
with the Buyer’s requirements, the Company will not
be liable for any consequences of
late delivery how so ever caused.
DEFECTIVE
PRODUCTS
• The
Company’s liability (both in contract and in tort) in respect of defects in
the Goods shall be limited to the replacement of the
faulty items or material,
or the issue of credit notes in respect thereof, or
the granting of refunds or
other such compensatory measures as the Company at its
discretion considers
appropriate in the circumstances. Such measures
shall relate only to the faulty
items or their value, and the Company shall not in any
circumstances be under
any liability to the buyer in respect of indirect or
consequential loss or
damage, loss of profits sustained by the buyer
PROVIDED, always that these
conditions do not exclude or restrict the Company’s
liability for death or
personal injury rising from its negligence.
• A
returns authorisation number must first be obtained from our customer
advocacy department either by telephone or letter.
Returned goods must be
clearly marked with a valid returns number as supplied
by the Company.
• GOODS
RETURNED MUST BE IN THE ORIGINAL PACKAGING AND IN A CLEAN RESALEABLE
CONDITION,
GOODS RETURNED OTHERWISE WILL AT OUR DISCRESION, EITHER BE REFUSED
OR A
FURTHER ADDITIONAL RESTOCKING FEE CHARGED TO COVER THE ADDITIONAL COSTS
INVOLVED. We will not be responsible for goods returned to
us that are lost in
transit. This document does not in itself constitute an
offer for sale. We
reserve the right to vary the specification of any item,
withdraw or amend any
item without prior notice. Prices quoted are current
trade prices. Prices of
imported goods are subject to var
prices will be these holding at time of delivery.
Please telephone us should
you wish to confirm current price.
EXPORT
CONTROL
13.
The buyer shall not resell outside the
Export
of Goods (control). Act 1987 (or any amendment thereof) or the Export
Administration
Act 1979 (as amended) of the
without obtaining all necessary licenses hereunder and
will not resell such goods
within the
the purchaser) that the purchaser intends to export
such goods without first obtaining
either such licenses or a copy of such licenses
obtained by the purchaser.
RECRUITMENT
OF EMPLOYEES
14.
The parties hereto accept that the Company will suffer loss if a
member of their
staff accepts an offer of employment with the other
party during the continuance of
this contract and six months thereafter. If such a member
of the Company’s staff
accepts such an offer of employment with the other
party, the other party agrees to
pay the Company the equivalent of six months salary
for that member of staff. The
provisions of this clause shall apply to subsidiaries,
associates and parent Companies
of the Company and the other party.
FORCE
MAJEURE
15.
The Company reserves any right to cancel, vary or suspend the
operation of
contract of sale if events occur which are in the nature
of Force Majeure including
(without prejudice to the generality of the foregoing) fire,
floods, storms, plant
breakdown, strikes, lockouts, riots, hostilities,
non-availability of materials or
supplies or any other event outside the control of the
Company and the Company shall
not be held liable for any breach of contract
resulting from such an event.
CANCELLATION
16.
The Company may withhold or cancel further or any deliveries under the
contract of
sale and may recover all losses resulting therefrom if the Buyer:
• Fails
to make payment on the due date under any contract with the Company, or
• Enters
into a composition with its creditors, or (being a company) has a
receiver appointed or passes a resolution for winding up
or if a court shall
order it to be wound up, or commits on an available
act of bankruptcy, or
• Is in
breach of any items and conditions contained herein (not withstanding
that on a former occasion or occasions it has waived
its rights).
The
exercise of rights under condition 15 and under this condition 16 shall be
without
prejudice to the Company’s other rights or remedies.
LAW
17.
The parties agree to submit to the exclusive jurisdiction of the
English courts.
REGULATIONS
18.
This Contract complies with the Regulations as set out for individual
consumer
statutory rights.