Terms of Use

Jeckells & Son Ltd (The Customer) TERMS OF BUSINESS November 2009

1. Acceptance of any order by the Company shall be subject to the conditions stated below.
2. These conditions supersede any other previous terms issued by the Company.
3. The Companies employees/agents are not authorised to make any representations concerning goods supplied by the Company unless confirmed in writing.
4. Unless otherwise stated all prices are quoted ex-works and are net of VAT
5. No order submitted by the customer shall be deemed to be accepted until confirmed in writing by the Company.
6. No order that has been accepted by the Company may be cancelled by the customer, except, by agreement in writing by the Company and on terms that the customer shall indemnify the Company against all loss (including loss of profit).
7. The Company reserve the right to vary the price at any time after receipt of the order.
8. All quotations only cover the work specified and any alterations, additions or other costs incurred will be charged to the customer at the Companies standard rate.
9. Payment for all goods will be as follows
   a. For goods/orders under £50 - in full at the time of the order.
   b. For goods/orders over £50, the Company will require a deposit. The amount to be stated on the order/confirmation sheet.
   c. Balance due prior to the despatch of the goods/order.
10. ubject to receipt of satisfactory references, credit accounts may be established - all accounts to be settle en full within 30 days of the date of invoice.
11. If the customer fails to make a payment on any due date, the Company shall be entitled to, without prejudice to any other right or remedy,
    a. cancel the contract or suspend any further deliveries (b) appropriate any payment made by the customer
    (c ) charge the customer interest on any outstanding amount
    b. debit the customers account with a surcharge of 20 in the event of any payment failing to be honoured by the customers bank.
12. The goods remain the property of the Company until such time as full payment has been received.
13. In the event of the goods being delivered to the customer before full payment has been received, the customer shall hold the goods as the Company's fiduciary agent and bailee and shall keep the goods properly stored, protected, insured and identified as the Company's property.
14. Until such time as the property of the goods pass to the customer, then the Company shall be entitled at any time to require the customer to deliver up the goods to the Company and upon any immediate failure to do so, the Company shall be entitled to enter upon any premises of the customer or any third party where the goods are stored and repossess the goods.
15. The Company and its employees accept no responsibility for loss, damage or delay unless such loss, damage or delay resulted from a deliberate act by the Company and employees and further, accepts no liability for any consequential damage occurring in the course of conducting its normal business.
16. The Company uses the best quality materials in the manufacture of the goods it supplies, it cannot be responsible for any deterioration of those goods, due to misuse, ill treatment or factors beyond the Company's reasonable control.
17. Any claim by the customer which is based on any defect in quality or condition of the goods must be reported to the Company within 7 days or if the defect/condition was not apparent on reasonable inspection within a reasonable time after the defect was discovered. The liability of the Company is limited to that of the manufacturers of the goods.
18. Any claims by the customer in respect of failure to correspond with specification must be reported to the Company within 7 days of fitting/delivery. If the customer fails to deliver the goods up or allow immediate inspection, then the Company shall have no liability.
19. Where any valid claim under 18 above the Company shall be entitled:
    a. replace the goods (or part) free of charge
    b. At the Company's sole discretion refund all or a proportionate part of the price
    c. Require the customer to return all/part of the goods for repair at the company's risk and expense or
    d. Carry out the repairs on the customer's premises or third party premises.
    Upon doing any of the above, the Company shall have no further liability.
20. Where goods are delivered at the Company's risk, notice in writing of any loss or damage must be given to the carrier and the company within 5 days of receipt.
21. If goods are supplied on approval it is on the understanding that
    a. for goods returned more than 7 days after supply, the customer will pay a handling charge of 15% of the value.
    b. Goods not returned within 28 days will be deemed to have been purchased by the customer.
22. No propriety article ordered from the Company by name, type, size by a customer shall carry any warranty or condition of sale other than that of the manufacturers warranty.
23. The Company accepts no liability for the fitness of use of any articles for any purpose, unless the customer has made
    it clear that he/she is relying on the Company's skill and judgement.
24. It is the responsibility of the customer to ensure that all goods delivered to them are checked without delay to ensure that the variances of the weather and/or other factors have not caused any damage.
25. Any delivery date quoted is given in good faith but cannot be guaranteed