|
Terms and Conditions of
jos, 41 Gerralds Road High Wycombe HP13 6BN2
Credit Card Security
All purchases are made through our secure credit card processor, Paypal. We do not capture, store or retain any credit card details.
Delivery
All products delivered within UK mainland, excluding Scottish
Highlands and Islands.
Off shore & Scottish Highlands delivery please ring for quotation.
IMPORTANT - SIGNING THE CARRIER'S TICKET
When you sign, you are certifying that the correct quantity of goods
has been delivered, and are in a satisfactory condition your signature
is beneath the printed text "Received in Good Condition".
Goods MUST be checked for damage or loss BEFORE signing the carrier's
note.
1/ Check that the QUANTITY received does agree with quantity shown
on carrier's ticket.
2/ Check CONDITION of goods. If you are unable, for ANY reason,
to check the goods thoroughly before signing, you MUST WRITE "DAMAGED"
beside your signature. This is the ONLY way you will be covered
by the insurers. If you should discover damage later because you
where unable to check the goods properly up to 3 days from delivery
then jos can make priority dispatch of replacements
at cost price to the buyer. Just signing as "unchecked"
or "unexamined" is NOT acceptable for a later claim. If
you should discover unacceptable damage at the time of delivery
write on the carrier's note "Damaged & Rejected" and
refuse to accept the relevant goods, and then contact jos as soon as possible. We will ensure priority dispatch
of replacements or refund your payment in full if you prefer. Fortunately
damage and loss by our reputable carriers is very rare, but you
must protect yourself by checking for damage and loss BEFORE SIGNING
or by following the alternative procedure above.
If you are arranging for other people to receive and sign for a
delivery please ensure they are advised of this. We suggest you
PRINT THIS PAGE to give you or others a reminder of these procedures.
Please be assured that such problems really are very rare and jos. Will do everything possible to minimize any inconvenience.
OUR TERMS:
1. INTERPRETATION
1.1 In these Terms:
"Buyer" means the person who accepts the Seller's quotation
for the sale of the Goods or whose order for the Goods is accepted
by the Seller
"Contract" means the contract for the purchase and sale
of the Goods
"Goods" means the goods including any instalment of the
goods or any parts for them which the Seller is to supply in accordance
with these Terms
"Seller" means jos
"Terms" means the standard conditions of sale set out
in this document and unless the context otherwise requires includes
any special terms and conditions agreed in Writing between the Buyer
and the Seller
"Writing" and any similar expression includes e-mail facsimile
transmission and comparable means of communication
1.2 Any reference in these Terms to a provision of a statute shall
be construed as a reference to that provision as amended, re-enacted
or extended at the relevant time
2. BASIS OF THE SALE
2.1 The Seller shall sell and the Buyer shall purchase the Goods,
subject to these Terms, which shall govern the Contract to the exclusion
of any other terms and conditions subject to which any quotation
is accepted or purported to be accepted, or any order is made or
purported to be made, by the Buyer. No variation to these Terms
shall be binding unless agreed in Writing between the authorised
representatives of the Buyer and the Seller
2.2 The Contract shall subject to these Terms in either case comprise
either the Seller's quotation if accepted by the Buyer or the Buyer's
verbal or written order received by telephone, mail, e-mail or facsimile
and the Seller's subsequent written acknowledgement of the order
or by delivery of the Goods
2.3 The Seller's employees or agents are not authorised to make
any representations concerning the Goods unless confirmed by the
Seller in Writing. In entering into the Contract the Buyer acknowledges
that it does not rely on any such representations which are not
so confirmed, but nothing in these Terms affects the liability of
either party for fraudulent misrepresentation
2.4 Any advice or recommendation given by the Seller or its employees
or agents to the Buyer or its employees or agents as to the storage,
application or use of the Goods which is not confirmed in Writing
by the Seller is followed or acted on entirely at the Buyer's own
risk, and accordingly the Seller shall not be liable for any such
advice or recommendation which is not so confirmed
2.5 Any typographical, clerical or other error or omission in any
sales literature, quotation, price list, acceptance of offer, invoice
or other document or information issued by the Seller shall be subject
to correction without any liability on the part of the Seller
3. ORDERS, SPECIFICATIONS, CANCELLATION OF ORDERS, AND RETURNS
3.1 No order submitted by the Buyer shall be deemed to be accepted
by the Seller unless and until either confirmed in Writing by the
Seller's authorised representative or by delivery of the Goods
3.2 The Buyer shall be responsible to the Seller for ensuring the
accuracy of the terms of any order including any applicable specification
submitted by the Buyer, and for giving the Seller any necessary
information relating to the Goods within a sufficient time to enable
the Seller to perform the Contract in accordance with its terms
3.3 If the Goods are to be manufactured or any process is to be
applied to the Goods by the Seller in accordance with a specification
submitted by the Buyer, the Buyer shall indemnify the Seller against
all loss, damages, costs and expenses awarded against or incurred
by the Seller in connection with or paid or agreed to be paid by
the Seller in settlement of any claim for infringement of any patent,
copyright, design, trade mark or other industrial or intellectual
property rights of any other person which results from the Seller's
use of the Buyer's specification
3.4 The Seller reserves the right to make any changes in the specification
of the Goods which are required to conform with any applicable statutory
or EU requirements or, where the Goods are to be supplied to the
Seller's specification, which do not materially affect their quality
or performance
3.5 No order which has been accepted by the Seller may be cancelled
by the Buyer except with the agreement in Writing of the Seller
and on terms that the Buyer shall indemnify the Seller in full against
all loss including loss of profit, costs including the cost of all
labour and materials used, damages, charges and expenses incurred
by the Seller as a result of cancellation
3.6 The Goods may in whole or part comprise products such as window
grilles which are designed to act as a deterrent against theft from
certain types and models of vehicles. Such products are designed
only as a deterrent to theft and the Seller shall be under no liability
to the Buyer in the event that the Goods fail to prevent a theft
from a vehicle or damage to a vehicle itself.
3.7 The Goods may in whole or part comprise bulkheads designed for
specified vehicles. Such products are not sold by the Seller as
a safety device but as a deterrent to theft. The Seller shall be
under no liability to the Buyer in the event that such a bulkhead
fails to prevent injury or damage whether as a result of shifting
loads in a vehicle or otherwise
3.7.1. Goods returned at Buyers expense must be done so within 14
days of purchase. Buyers will be refunded full amount minus any
costs incurred by Seller, delivery, packaging and administration,
these costs are availble to Buyer on request prior to purchase.
Restocking charge of £10.00 or 20 percent of order, which
ever the greater, will apply. All returned goods must be returned
in a as supplied conditon new without damage or defects.
3.8 Where the Seller agrees to replace all or part of the Goods
at the request of the Buyer then:-
3.8.1 the Buyer shall arrange at its cost and risk for the return
of the Goods to be replaced to the Seller's place of business such
Goods to be returned undamaged unused and in their original packaging;
and
3.8.2 the Buyer shall pay to the Seller any difference in price
between the returned Goods and the replacement Goods and the Buyer
shall reimburse to the Seller the cost of packaging, processing
and delivery of the replacement Goods all such payments to be made
in accordance with these Terms and the Contract
4. PRICE OF THE GOODS
4.1 The price of the Goods shall be the Seller's quoted price or,
where no price has been quoted or a quoted price is no longer valid,
the price listed in the Seller's published price list current at
the date of acceptance of the order or quotation as the case may
be. Where the Goods are supplied for export from the United Kingdom,
the Seller's published export price list shall apply. All prices
quoted are valid for 30 days only or until earlier acceptance by
the Buyer, after which time they may be altered by the Seller without
giving notice to the Buyer
4.2 The Seller reserves the right, by giving notice to the Buyer
at any time before delivery, to increase the price of the Goods
to reflect any increase in the cost to the Seller which is due to
any factor beyond the control of the Seller, any change in delivery
dates, quantities or specifications for the Goods which is requested
by the Buyer, or any delay caused by any instructions of the Buyer
or failure of the Buyer to give the Seller adequate information
or instructions
4.3 Except as otherwise stated in the Seller's quotation or in any
price list of the Seller, and unless otherwise agreed in Writing
between the Buyer and the Seller, all prices given by the Seller
are inclusive of delivery to the place of delivery detailed in the
Contract provided such place is in England, Wales or Scotland an
additional charge to the price quoted or listed in any price list
will be made by the Company for delivery to certain parts of Scotland
including the Scottish Highlands. If the place of delivery is outside
of England, Wales or Scotland then unless otherwise agreed in Writing
between the Buyer and the Seller, all prices given by the Seller
are on an ex works basis, and where the Seller agrees to deliver
the Goods otherwise than at the Seller's premises, the Buyer shall
be liable to pay the Seller's charges for transport, packaging and
insurance
4.4 The price is exclusive of any applicable value added tax, which
the Buyer shall be additionally liable to pay to the Seller
5. TERMS OF PAYMENT
5.1 Subject to any special terms agreed in Writing between the Buyer
and the Seller, the Seller may invoice the Buyer for the price of
the Goods on or at any time after delivery of the Goods, unless
the Goods are to be collected by the Buyer or the Buyer wrongfully
fails to take delivery of the Goods, in which event the Seller shall
be entitled to invoice the Buyer for the price at any time after
the Seller has notified the Buyer that the Goods are ready for collection
or as the case may be the Seller has tendered delivery of the Goods
5.2 The Buyer shall pay the price of the Goods without any other
deduction no later than the last day of the calendar month following
the date of invoice, and the Seller shall be entitled to recover
the price, notwithstanding that delivery may not have taken place
and the property in the Goods has not passed to the Buyer. The time
of payment of the price shall be of the essence of the Contract.
Receipts for payment will be issued only upon request
5.3 If the Buyer fails to make any payment on the due date then,
without limiting any other right or remedy available to the Seller,
the Seller shall be entitled to:-
5.3.1 cancel the Contract or suspend any further deliveries to the
Buyer;
5.3.2 appropriate any payment made by the Buyer to such of the Goods
or the goods supplied under any other contract between the Buyer
and the Seller as the Seller may think fit notwithstanding any purported
appropriation by the Buyer; and
5.3.3 charge the Buyer interest both before and after any judgement
on the amount unpaid, at the rate of 5 per cent per annum above
HSBC Bank plc base rate from time to time, until payment in full
is made a part of a month being treated as a full month for the
purpose of calculating interest
5.4 Notwithstanding any other provision of these Terms the Seller
reserves the right at its absolute discretion from time to time
to require payment in full of the price of the Goods before delivery
of all or any of the Goods
5.5 Any discounts given to the Buyer by the Seller in relation to
the price of the Goods are conditional upon payment for the Goods
being made strictly in accordance with the Contract and these Terms
6. DELIVERY
6.1 Delivery of the Goods shall be made by the Seller delivering
the Goods to the place of delivery detailed in the Contract provided
that if the place of delivery detailed in the Contract is outside
England, Wales or Scotland the delivery shall be made by the Buyer
collecting the Goods from the Seller's premises at any time after
the Seller has notified the Buyer that the Goods are ready for collection,
or if some other place for delivery is agreed by the Seller, by
the Seller delivering the Goods to that place
6.2 Any dates quoted for delivery of the Goods are approximate only
and the Seller shall not be liable for any delay in delivery of
the Goods however caused. Time for delivery shall not be of the
essence of the Contract unless previously agreed by the Seller in
Writing. The Goods may be delivered by the Seller in advance of
the quoted delivery date on giving reasonable notice to the Buyer
6.3 Where the Goods are to be delivered in instalments, each delivery
shall constitute a separate contract and failure by the Seller to
deliver any one or more of the instalments in accordance with these
Terms or any claim by the Buyer in respect of any one or more instalments
shall not entitle the Buyer to treat the Contract as a whole as
repudiated
6.4 If the Seller fails to deliver the Goods or any instalment for
any reason other than any cause beyond the Seller's reasonable control
or the Buyer's fault, and the Seller is accordingly liable to the
Buyer, the Seller's liability shall be limited to the excess if
any of the cost to the Buyer in the cheapest available market of
similar goods to replace those not delivered over the price of the
Goods
6.5 If the Buyer fails to take delivery of the Goods or fails to
give the Seller adequate delivery instructions at the time stated
for delivery otherwise than by reason of any cause beyond the Buyer's
reasonable control or by reason of the Seller's fault then, without
limiting any other right or remedy available to the Seller, the
Seller may:-
6.5.1 store the Goods until actual delivery and charge the Buyer
for the reasonable costs including insurance of storage; or
6.5.2 sell the Goods at the best price readily obtainable and after
deducting all reasonable storage and selling expenses account to
the Buyer for the excess over the price under the Contract or charge
the Buyer for any shortfall below the price under the Contract
7. RISK AND PROPERTY
7.1 Risk of damage to or loss of the Goods shall pass to the Buyer
at the time of delivery or, if the Buyer wrongfully fails to take
delivery of the Goods, the time when the Seller has tendered delivery
of the Goods
7.2 Notwithstanding delivery and the passing of risk in the Goods,
or any other provision of these Terms, the property in the Goods
shall not pass to the Buyer until the Seller has received in cash
or cleared funds payment in full of the price of:-
7.2.1 the Goods;
7.2.2 and all other goods agreed to be sold by the Seller to the
Buyer for which payment is then due;
7.3 Until such time as the property in the Goods passes to the Buyer,
the Buyer shall hold the Goods as the Seller's fiduciary agent and
bailee, and shall keep the Goods separate from those of the Buyer
and third parties and properly stored, protected and insured and
identified as the Seller's property but shall be entitled to resell
or use the Goods in the ordinary course of its business
7.4 Until such time as the property in the Goods passes to the Buyer
and provided the Goods are still in existence and have not been
resold, the Seller shall be entitled at any time to require the
Buyer to deliver up the Goods to the Seller and, if the Buyer fails
to do so forthwith, to enter upon any premises of the Buyer
or any third party where the Goods are stored and repossess the
Goods
7.5 The Buyer shall not be entitled to pledge or in any way charge
by way of security for any indebtedness any of the Goods which remain
the property of the Seller, but if the Buyer does so all moneys
owing by the Buyer to the Seller shall without prejudice to any
other right or remedy of the Seller forthwith become due and payable
8. LIMITATION OF LIABILITY
8.1 The Seller warrants subject to these Terms including paragraphs
3.6 and 3.7 that the Goods will be free from defects in materials
or workmanship at the time of delivery provided that the Seller
shall be under no liability:-
8.1.1 in respect of any defect in the Goods arising from any drawing,
design or specification supplied by the Buyer;
8.1.2 in respect of any defect in the Goods arising from fair wear
and tear, willful damage, negligence, abnormal working conditions,
failure to follow the Seller's instructions whether oral or in writing,
misuse or alteration or repair of the Goods without the Seller's
approval;
8.2 Subject as expressly provided in these Terms, and except where
the Goods are sold to a person dealing as a consumer within the
meaning of the Unfair Contract Terms Act 1977, all warranties, conditions
or other terms implied by statute or common law are excluded to
the fullest extent permitted by law
8.3 Where the Goods are sold under a consumer transaction as defined
by the Consumer Transactions Restrictions on Statements Order 1976
the statutory rights of the Buyer are not affected by these Terms
8.4 Any claim by the Buyer which is based on any defect in the quality
or condition of the Goods or their failure to correspond with specification
shall whether or not delivery is refused by the Buyer be notified
to the Seller within 3 days from the date of delivery. If delivery
is not refused, and the Buyer does not notify the Seller accordingly,
the Buyer shall not be entitled to reject the Goods and the Seller
shall have no liability for such defect or failure, and the Buyer
shall be bound to pay the price as if the Goods had been delivered
in accordance with the Contract. In no event shall the Buyer be
entitled to reject the Goods on the basis of any defect or failure
which is so slight that it would be unreasonable for him to reject
them
8.5 Where a valid claim in respect of any of the Goods which is
based on any defect in the quality or condition of the Goods or
their failure to meet specification is notified to the Seller in
accordance with these Terms, the Seller may replace the Goods or
the part in question free of charge or, at the Seller's sole discretion,
refund to the Buyer the price of the Goods or a proportionate part
of the price, in which case the Seller shall have no further liability
to the Buyer
8.6 Except in respect of death or personal injury caused by the
Seller's negligence, or liability for defective products under the
Consumer Protection Act 1987, the Seller shall not be liable to
the Buyer by reason of any representation unless fraudulent, or
any implied warranty, condition or other term, or any duty at common
law, or under the express terms of the Contract, for loss of profit
or for any indirect, special or consequential loss or damage, costs,
expenses or other claims for compensation whatsoever whether caused
by the negligence of the Seller, its employees or agents or otherwise
which arise out of or in connection with the supply of the Goods
including any delay in supplying or any failure to supply the Goods
in accordance with the Contract or at all or their use or resale
by the Buyer, and the entire liability of the Seller under or in
connection with the Contract shall not exceed the price of the Goods,
except as expressly provided in these Terms
8.7 The Seller shall not be liable to the Buyer or be deemed to
be in breach of the Contract by reason of any delay in performing,
or any failure to perform, any of the Seller's obligations in relation
to the Goods, if the delay or failure was due to any cause beyond
the Seller's reasonable control including strikes, lock-outs or
other industrial actions or trade disputes whether involving employees
of the Seller or of a third party
9. INSOLVENCY OF BUYER
9.1 This clause applies if:-
9.1.1 the Buyer makes a voluntary arrangement with its creditors
or being an individual or firm becomes bankrupt or being a company
becomes subject to an administration order or goes into liquidation
otherwise than for the purposes of amalgamation or reconstruction;
or
9.1.2 an encumbrancer takes possession, or a receiver is appointed,
of any of the property or assets of the Buyer; or
9.1.3 the Buyer ceases, or threatens to cease, to carry on business;
or
9.1.4 the Seller reasonably apprehends that any of the events mentioned
above is about to occur in relation to the Buyer and notifies the
Buyer accordingly
9.2 If this clause applies then, without limiting any other right
or remedy available to the Seller, the Seller may cancel the Contract
or suspend any further deliveries under the Contract without any
liability to the Buyer, and if the Goods have been delivered but
not paid for the price shall become immediately due and payable
notwithstanding any previous agreement or arrangement to the contrary
10. GENERAL
10.1 Any notice required or permitted to be given by either party
to the other under these Terms shall be in Writing addressed to
that other party at its registered office or principal place of
business or such other address as may at the relevant time have
been notified pursuant to this provision to the party giving the
notice
10.2 No waiver by the Seller of any breach of the Contract by the
Buyer shall be considered as a waiver of any subsequent breach of
the same or any other provision
10.3 If any provision of the Contract is held by a court or other
competent authority to be invalid or unenforceable in whole or in
part the validity of the other provisions of the Contract and the
remainder of the provision in question shall not be affected
10.4 The Contract shall be governed by the laws of England and the
Buyer agrees to submit to the non-exclusive jurisdiction of the
English Courts
10.5 Each Contract will only confer rights and benefits on the Buyer
and no third party will acquire any rights or benefits under the
Contract
|
