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Definitions & Scope
1.In these conditions “The Company” shall mean Joinery Finishing Services Ltd; “The Customer” shall mean any person, partnership, unincorporated business, Limited Company, Public Limited Company to whom the company agrees to sell and or install goods; references to the singular shall include the plural and references to the male shall include female.
2.Any contract made between the Company and the Customer (hereinafter called the “Contract”) shall incorporate and be subject to these Conditions of Sale; any other terms which the customer shall seek to incorporate into the contract are hereby expressly excluded.
Orders
3.The Customer shall be at liberty to terminate the contract at any time upon paying for all the works executed and the materials supplied or appropriated to the Contract to date.
4.No order of the customer placed with the Company (whether in response to a quotation or not) shall be binding on the Company unless and until it is accepted by the Company in writing.
5.Special orders. A “Special Order” is an order placed by the Customer for an item or items not normally held in stock by the Company. Special orders will be acknowledged by the Company in writing to the customer and therefore the Company is not obliged to accept cancellation thereof and may require payment of a cancellation charge before accepting any cancellation. Such cancellation charge shall be determined at the sole discretion of the Company but will be limited to a maximum of the sale value to the Company of the goods so specially ordered.
6.Any measurements, dimensions, weights, or colour illustrated in the Company’s or manufacture’s catalogue or CD or Computer presentation or price list’s constitute only an approximate guide to which the Company reserves the right to make changes which in its absolute discretion considers necessary or desirable.
7.Any samples submitted by representatives are for demonstration purposes only and unless otherwise stated in writing by the Company, the Company reserves the right to modify any products without prior notice.
Prices
8.The price for the goods shall be set out in the Company’s order acknowledgement or invoice but the Company reserves the right at its option to charge or credit to the customer the amount of any error or omission in the price as so set out.
9.Value added tax or other taxes or duties shall be added to the prices of all goods subject to tax or duty at the rate applicable on the date of dispatch.
10.The Company reserves the right to impose a delivery charge at its discretion.
Delivery and Installations
11.The Company intends to use its best endeavours to comply with any date or dates for dispatch or delivery or installation of the goods stated in the contract. However time shall not be of the essence of the Contract and such date or dates shall constitute only statements of expectation and shall not be binding. If notwithstanding that the Company has used its best endeavours it fails to dispatch, deliver or install the goods by such date or dates, such failures shall not constitute breach of contract and the Customer shall not be entitled to treat the Contract as repudiated orto rescind it or any related Contract in whole or in part or to claim damages or compensation for such failure.
12.The Company reserves the right to make partial deliveries or installations at different dates. Neither any non-delivery or non-installation or shortage in delivery or installation nor any claim by the Customer in respect of any delivery or part delivery shall entitle the Customer to reject or cancel any other goods.
13.All reasonable access will be provided to enable the installations to be carried out. The Customer shall be responsible for the removal of any obstructions the Company consider necessary for the installation to be carried out.
Force Majeure
14.The Company shall not be liable to the Customer for any loss or damage whether direct or consequential of any description whatsoever or for failure to complete any contract in whole or in part where such loss or damage or failure is caused by inability or difficulty in securing materials, strikes, industrial disputes or lockouts, transport difficulties, breakdowns, Government or local authority controls or restrictions, riots, civil commotion, acts of war, terrorism, fire, flood, other natural catastrophe or Act of God or any other matter beyond the Company’s control.
Warranties and Liabilities.
15.Every effort is made to ensure that goods supplied are of sound materials and good workmanship, but all warranties and conditions express or implied as to the materials or workmanship, or the merchantability or fitness of goods for a particular purpose, whether such purpose is known the Company or not, are excluded.
16.The Company undertakes to make good any damaged plaster immediately surrounding the window or door aperture that had been replaced, excluding any decorating. The Company will endeavour to match finishes but can not be held responsible for none matching through weathering to existing materials.
17.In the event of any goods which have been accepted and paid for by the Customer proving to be defective in workmanship or faulty materials, however, then upon return of such goods to the Company’s premises, the Company is prepared at its sole option: a) To deliver replacement goods free of charge or b) refund to the Customer the contract price of the goods.
18.Claims for defective goods will not be accepted for wear and tear, defective storage, fitting or installation by another, unauthorised repair, tampering or reconditioning , accident, pet’s, spillages, vandalism, storm or tempest or general neglect caused beyond the Company’s control.
19.The Company shall not be under any liability whatsoever or however arising from loss or use of profit, interruption of business or any other indirect, special or consequential losses of any type arising or alleged to have arisen out of any act or default of the Company in respect of its obligations hereunder. The Company’s aggregate liability to the Customer hereunder or otherwise arising whether for negligence, breach of contract, misrepresentation or otherwise shall in no Circumstances exceed the cost of the defective, damaged, undelivered or installed goods which give rise to such liability as determined by the net price invoiced to the Customer in respect of any occurrence or series of occurrences.
20.The Company can not be held responsible for any uneven floor, wall or roof. The price that has been calculated is subject to the existing floor, walls or roof being in a sound condition, (unless the required rectification works has been priced separately within the quotation. If we have to screed, plaster or general make good prior to an installation, we reserve the right to charge for the relevant service or works accordingly.
Payment and Deposits
21.The contract sum is strictly net and does not allow for any discount, trade or cash unless specifically stated in writing.
22. 50% deposit, unless agreed otherwise, is required upon signing the Order Form / Quotation. 40% of the balance is due to be paid immediately on delivery of the goods and the final 10% is due to be paid immediately on completion of the installation.
23.The Company shall be entitled to interest on any part of the contract price not paid by its due date, from the date of invoice until payment at the rate specified by the Late Payment of Commercial Debts (Interest) Act 1998 and Section 69 of the County Courts Act 1984.
24.The Customer hereby undertakes to pay to the company (on the basis of a full indemnity) all costs, charges and expenses incurred by the Company in collecting or attempting to collect any indebtedness of the Customer by the Company.
25.If the Customer shall become insolvent or shall fail to pay any amount upon its due date then the Customer will be deemed to have repudiated and henceforth all warranties will be null & void. All contracts and all sums owing to the Company on any account shall become due and payable forthwith without requiring any notice being given by the company or its agents.
26.The Customer shall not be entitled to withhold or reduce payment of any amount due and payable to the Company under this or any other contract because of any dispute, claim, or complaint which has not been accepted by the Company in writing within seven days of installation.
Title to Goods
27.Notwithstanding delivery of and the passing of risk in the goods, the property in the goods shall not pass to the customer until the Company has received in cash or cleared funds payment in full of the prices of all goods agreed to be sold by the Company to the Customer.
28.Until such time as the property in the goods passes to the Customer, the Company shall be entitled at any time to require the Customer to deliver up the goods to the Company and, if the Customer fails to do so forthwith, to enter upon any premises of the Customer or any third party where the goods are stored and repossess the goods.
29.These conditions shall be binding upon any receiver, administrator or Trustee in bankruptcy to the Customer.
30.All goods to be returned are at the discretion of Joinery Finishing Services Ltd – Returns will not be accepted without an official returns note, as proof of this will be required to process any outstanding credits.
General
31.The Company’s rights shall not be diminished or waived by any indulgence or forbearance of these conditions or any series of such indulgences or forbearances.
32.In the event of any of these conditions being held unenforceable, it is hereby declared and confirmed that such event shall not affect the validity of all other conditions which shall remain in full force and effect.
33.No variation of these terms shall be binding upon the Company unless in writing and signed by a Director of the Company.
34.The Contract between the Company and the Customer is governed by English Law and the Customer submits to the non-exclusive jurisdiction of the Courts of England |
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