TERMS AND CONDITIONS OF TRADING
In these terms and conditions the expression “the Company” shall mean: THOMAS JACKS LIMITED
GENERAL. Unless otherwise expressly agreed in writing all goods are sold subject to the following conditions to the exclusion of any conditions of the Purchaser and no agent or representative of the company has any authority to vary or omit these conditions or any part of them.
Both quoted and printed prices are subject to alteration without notice. The right is reserved to invoice goods at prices current at the date of despatch. All prices are subject to Value Added Tax at the appropriate rate at the appropriate tax point. The Company’s price list does not constitute an offer and no contract shall come into being unless and until the Company communicates its acceptance of the Customer’s order.
2. QUOTATIONS AND INVOICES.
Quotations are subject to confirmation and the right is reserved to amend any order and/or quotations or invoices.
Whilst every effort is made to maintain delivery dates, failure to deliver at the time stated will not be sufficient cause for cancellation nor shall it constitute a breach of contract and no liability for loss or damage, including consequential loss and loss of a bargain, can be accepted in case of non-delivery or delay in delivery. In the absence of express instructions from the Customer to the contrary, the Company reserves the right to deliver any order by instalments. Each instalment shall be deemed to be a separate contract, and shall be invoiced accordingly. No default in respect of any one instalment shall affect or prejudice due performance of the contract as regards any other instalments. Deliveries offered ex stock are subject to the goods being unsold at the date of processing customer’s orders.
4. DAMAGE, SHORTAGE AND ERRORS.
No responsibility is taken for breakage’s, shortages or errors unless the delivery document is endorsed accordingly and we are notified in writing within three working days of receipt. In the absence of such notification the customer shall be deemed to have accepted the goods. In the event of non-delivery, the carrier and the Company must be notified in writing within seven days of the date of the invoice. Proof of delivery on request will be subject to a charge of £2.50 per consignment. Proof of delivery is only available within three months following date of despatch.
5. NEW ACCOUNTS, CREDIT AND PAYMENT.
Until a credit account is established, all business is on a cash sale basis unless otherwise agreed. Credit facilities are subject to the following conditions or to any such conditions as may be in force from time to time.
(a) A minimum of two satisfactory trade references and a bank reference are required.
(b) Accounts are payable to Thomas Jacks Limited, Apex House, Timothy’s Bridge Road, Stratford-upon-Avon, Warwickshire, CV37 9BF.
(c) Accounts are to be settled nett within 30 days following date of invoice.
(d) Orders supplied on a Cash Sale/Cash on Delivery arrangement are invoiced nett and payment is due at time of delivery.
(e) Accounts outstanding after 30 days following the date of invoice will be subject to an interest charge of 3% per month or part thereof on the outstanding balance such interest to accrue on a daily basis until the date of actual payment after, as well as before, any judgement.
(f) Unless otherwise agreed, credit facilities are granted on the condition that if payment is not made in full by 30 days following date of invoice the Company reserves the right to withdraw credit facilities.
(g) Customers are not entitled to withhold payment or invoices or make deductions from invoices which are not in dispute. Unless notification of a dispute is received within 30 days of invoice date, the invoice will be deemed to be correct and payable as per our standard terms and conditions. Omission of a customer purchase order is not admissible as the sole reason for withholding payment of an invoice.
(h) The Company reserves the right to recover from the customer any costs incurred directly or indirectly in connection with an overdue account.
(i) The Company reserves the right to withdraw credit facilities without notice in the event of no trading transaction extending over 6 months.
The Company reserves the right to charge, on orders of a value less than £100 NETT, a small order surcharge of £6 + VAT irrespective of whether goods are delivered or collected. Orders despatched on customers’ instructions, other than by our own accepted delivery service, will be charged at the rate appropriate to the service required.
Goods supplied correctly as ordered cannot be returned for credit. Request for return for any other reasons must obtain our R.M.A. number prior to despatch. In the event of accepting the goods back for credit, we reserve the right to make a service charge of 5%. All returned goods will only be accepted carriage paid. We accept no responsibility for any damage or loss in any way to goods whilst in transit to us. The acceptance of any return of goods is not an admission of any defect in, or damage to, the goods.
8. TITLE AND RISK.
(a) Property in goods shall remain with the Company until unconditional payment for (i) all the goods constituting the contract to which such goods relate and (ii) all other goods the subject of any other contract between the Company and the customer which at the time of payment of the full price of all the goods under the former contract have been delivered to the customer but not paid for in full has been made in full.
(b) Until such unconditional payment the customer shall:
(1) Keep such goods in its capacity as bailee for the Company and
(2) Store the goods separately and clearly identify the goods so that they can be clearly recognised as the property of the Company and
(3) Be obliged to deliver up the goods to the Company at any time should the Company so require.
(c) The customer shall be entitled to sell and deliver such goods in the ordinary course of its business as principal to a third party provided that so long as the customer has not fully and unconditionally discharged all payment due to the Company referred to in sub-clause (a) above relating to such goods shall in its fiduciary capacity as agent for the Company hold all proceeds of sale in respect of such goods on trust for the Company and in a separate account.
(d) The customer hereby assigns to the Company all rights and claims which the customer may have against a third party arising from sales to its own customers referred to in sub-clause (c) above until unconditional payment has been made to the Company in full accordance with sub-clause (a) above.
(e) If before title in goods has passed to the customer the customer enters into liquidation or suffers a Receiver to be appointed the Company may give notice to the customer terminating the order, whereupon the customer shall at its own expense redeliver such goods to the Company. In such cases the Company may, with or without previous notice, take possession of the goods and is in such circumstances irrevocably authorised by the customer to enter the premises on which the goods are situated by its employees or agents, together with such vehicles as are necessary and remove the same at the customer’s expense.
(f) Notwithstanding the provisions of this clause risk in all goods supplied shall pass to the customer on delivery whereupon the customer shall be liable for the insurance of such goods.
(a) Save as provided hereinafter or by written guarantee or warranty which may accompany goods all warranties, conditions, guarantees or representations, express or implied, statutory or otherwise (insofar as they may lawfully be excluded) are hereby excluded and the Company shall not be liable for any loss, damage, expense or injury of any kind whatsoever, consequential or otherwise, arising out of or due to or caused by any breach of contract defects or deficiencies of any sort in the goods supplied by the Company and whether such defects or deficiencies are caused by the negligence of the Company or its servants or agents or otherwise.
(b) The Company does not exclude its liability for death or personal injury and accepts liability for any breach on the part of the Company of any undertaking as to title, quiet possession and freedom from encumbrance which may be implied by Section 12 of the Sale of Goods Act 1979.
(c) This clause shall not deprive a customer dealing as a consumer pursuant to Section 12 of the Unfair Contract Terms Act 1977 of his statutory rights.
(d) The Company or manufacturer will not uphold any warranty claim if the goods have been purchased or acquired from an auction site.
10. LIMITATION OF LIABILITY.
Without prejudice to sub-clause (b) and (c) of clause 9 above the amount of any damages recoverable by the customer from the Company for breach of contract or negligence or other tortuous act shall be limited to the invoice price of the goods.
11. INABILITY TO SUPPLY, WITHDRAWAL OF SUPPLY
(a) Without prejudice to any other condition hereof should the supply or despatch of the whole or any part of the goods contracted be interrupted, prevented or hindered by any cause or causes whatsoever beyond the Company’s control the Company shall be entitled to postpone or suspend any delivery or deliveries under the contract until (in the Company’s judgement) any such cause has ceased to operate. The Company shall be under no liability whatsoever in respect of such postponement or suspension.
(b) Without limiting the generality of the cause or causes referred to above the same shall include war, fire, accident breakdown of plant or machinery, industrial action, disputes (including strikes and lockouts), unavailability of and restrictions on supplies, non-delivery or delay in delivery of any materials or any other circumstances (of whatsoever nature and not limited to the foregoing) which directly or indirectly interrupt or hinder the due performance of the contract.
(c) The Company reserves the right to withdraw the supply of goods, and cancel any credit facility if applicable, in the event that goods are displayed for sale on auction websites.
Any concessions or latitude which the Company may make or allow to the purchaser at any time shall not prejudice any subsequent exercise of our legal rights, whether or not such concession or latitude shall have been relied upon or otherwise acted upon by the purchaser and whether or not the purchaser received prior notice terminating such arrangements or reducing or cancelling any additional time for payment granted by the Company.
13. GOVERNING LAW.
Any contract made between the Company and the customer shall in all respects be governed by and construed in accordance with English law and the parties hereto submit to jurisdiction of the English Courts.
If at any time, any one or more of these Terms and Conditions (or any paragraph, or any part thereof) is held to be or becomes void or otherwise unenforceable for any reason under any applicable law the same shall be deemed omitted herefrom and the validity and or enforceability of the remaining Terms and Conditions shall not in any way be affected or impaired.