1. Basis of sale
(a) JSD Products (UK) Limited (“the Company”) shall sell and the person who accepts the Company’s quotation or who places an order accepted by the Company (“the Customer”) shall purchase goods supplied by the Company subject in either case to these conditions which shall govern the contract to the exclusion of all other terms, conditions and warranties whatsoever (including any which are implied by statute or common law and any which may appear in the Customers order) unless any of the same are specifically agreed in writing by a director of the Company.
(b) Any typographical, clerical or other error or omission in any sales literature, quotation price list, acceptance of order invoice or other document or information issued by the Company shall be subject to correction without liability on the part of the Company.
(a) Goods to be delivered to the Customer shall be delivered by one or more consignments, as may be agreed between the parties. Where goods are to be supplied by more than one consignment, then each consignment shall be deemed to constitute a separate contract.
(b) Each consignment must be inspected in the presence of the Company’s delivery agent.
(c) Risk in the goods supplied shall pass to the UK or overseas Customer when the goods are delivered to or collected by the Customer or its agents.
(d) Notwithstanding clause 2(a) above, where the Company supplies special printed stock and has specified a last delivery date in its quotation, the Company reserves the right to deliver all such stock covered in the quotation by the last delivery date. Where no last delivery date has been so specified, then the Company shall be entitled to deliver the special printed stock covered by its quotation within a reasonable period.
(e) Any dates quoted for the delivery of goods are approximate only and the Company shall not be liable for any delay in delivery of the goods howsoever caused. Time of delivery shall not be of the essence unless previously agreed by a director of the Company in writing. The goods may be delivered by the Company in advance of the quoted delivery date upon giving reasonable notice to the Customer.
3. Returns and cancellations
(a) Goods can be returned or exchanged up to a maximum of 14 days from their receipt.
(b) Goods can only be refunded fully if the case is fully intact and in good condition.
(c) Goods can be cancelled with a full refund if not despatched.
(d) Returns should be made at the customer’s cost or they shall be subject to a collection fee which the Customer shall still be liable for if, a collection was attempted but the goods were not available for pick up.
(a) Subject to sub-clause 3(b) below, the price of the goods shall be the Company’s quoted price in Great British Pounds £ or when no price has been quoted (or a quoted price is no longer valid) the price listed in the Company’s relevant price list current at the date of the invoice.
(b) The price of the goods shall be subject to alteration by the Company at any time before delivery for reasons including, but not limited to, alterations arising from any increase in the costs of the Company which is due to any factor beyond its control such as, without limitation, any foreign exchange fluctuation, alternation of duties, increase in the costs of labour, materials or other costs of manufacture or other overheads, any change in delivery, dates, quantities or specifications for any goods which is requested by the Customer or the failure of the Customer to give the Company adequate information or instructions.
(c) The price is exclusive of any applicable Value Added Tax, which the Customer shall be additionally liable to pay to the Company.
(d) Deliveries exceeding the Company’s minimum order delivery requirement from time to time are made free of charge to mainland U.K. addresses. For all other deliveries, the cost of carriage will be charged in addition to the price charged in accordance with these conditions.
(a) The Customer shall pay the price of the goods within the payment terms as specified on the Company’s invoice notwithstanding that delivery may not have taken place and the property in the goods has not passed to the Customer. Time for payment of the price shall be of the essence of the contract.
(b) If payment of the price or any part thereof is not made by the due date, the Company shall be entitled without notice:
(i) To charge interest both before and after any judgment on the outstanding amount at the rate of 2% per annum above the HSBC PLC Base Rate accruing daily.
(ii) To cancel or suspend delivery of any goods ordered by the Customer which have not been delivered without incurring any liability to the Customers.
(iii) Refused cheques are subject to administration charges.
6. Reservation of Title
(a) Notwithstanding delivery and the passing of risk, the property in all the goods delivered by the Company to the Customer shall remain vested in the Company until unconditional payment in full is received and cleared through the Company’s bank account not only for the goods but also for goods and/or services comprised in any other contracts between the Company and the Customer which have been delivered and/or performed but remain unpaid.
(b) Until payment due from the Customer under all contracts between the Customer and the Company has been so received in full:
(a) The Customer shall have no claim in respect of defects not apparent on visual inspection at the time of delivery unless a written claim is received by the Company within three days of the defect in the goods supplied first becoming apparent to the Customer and in any event no later than one month after the date of delivery of the goods to the Customer.
(i) the potential extent of the damage that might be caused or be alleged to be caused to the Customer is disproportionate to the amount that can reasonably be charged (and is charged) by the Company to the Customer:
(ii) the Company is concerned to keep down the cost of advice or recommendations given to the Customer and this must necessarily involve limiting the liability of the Company for any loss or damage caused to the Customer.
(c) Nothing in these conditions shall affect the statutory rights of any person dealing with the Company as a consumer.
(d) The Company reserves the right to cancel or vary any Contract in the event of its being unable for any reason to execute the whole or part of the order.
In the event that any condition or part thereof shall be in breach of or be unenforceable under any rule of law or legislation it shall be of no effect but all other conditions shall remain in full force and effect and shall be severable from such offending condition or part of it.
9. Force majeure
The Company shall not be liable for any failure to deliver the goods or other failure to perform the contract arising from circumstances outside the Company’s control (including inability to secure labour, materials or supplies)