Terms and Conditions
1) DEFINITIONS
JD(M)Ltd: Means John Dobson (Milnthorpe) Ltd. whose registered office is: Bela Mill, Mill Lane, Milnthorpe, Cumbria, LA7 7QP. Company Registration No. 205983 (Eng).
Buyer(s): The person(s) who accepts a quotation from JD(M)Ltd for the sale of Goods and/or whose order is accepted by JD(M)Ltd.
Conditions: Standard Terms and Conditions of business set out in this document.
Contract: No legal contract shall be concluded until JD(M)Ltd has despatched a standard order acknowledgement form to the Buyer.
Goods: Means any Goods (as listed and described on an order acknowledgement, Delivery Note or Invoice from JD(M)Ltd ordered from and supplied by JD(M) Ltd, in accordance with these Conditions.
2) TOTAL AGREEMENT
The Conditions contain the entire agreement between the parties. Neither party may rely upon representation or agreement not set out herein.
3) SALE AND ACCEPTANCE
a) JD(M)Ltd shall sell and the Buyer will buy the Goods subject to these Conditions and in consideration of the payment to JD(M)Ltd of the price and other sums due under these Conditions.
b) The Goods shall be deemed accepted by the Buyer as satisfying the obligations of JD(M)Ltd under any of the following conditions.
i) Upon delivery of the Goods to the Buyer and receipt of payment by JD(M)Ltd.
ii) If the Buyer informs JD(M)Ltd that they have accepted the Goods.
iii) If the Buyer alters the Goods in any way.
iv) If the Buyer keeps the Goods for longer than 7 days, without informing JD(M)Ltd whether they have accepted or rejected the Goods.
v) If, following delivery of the Goods to the Buyer, the Buyer does any other act in relation to them which is inconsistent with the ownership of JD(M)Ltd.
4) NEW ACCOUNTS
In order to open a full and proper account to begin conducting business, all new accounts (i.e. Buyers who have not previously conducted business with JD(M)Ltd), must furnish JD(M)Ltd with two independent trade references and may also be asked to provide one bank reference, including bank account details.
If these conditions cannot be met; and if JD(M)Ltd have bona fide doubts concerning the financial standing of the Buyer, JD(M)Ltd reserve the right to deal on a pro-forma basis until such time as credit worthiness has been evaluated and a full and proper account has been opened.
5) PRICE
a) The price is the selling price of the Goods ordered as listed on an up to date price list and/or invoice of JD(M)Ltd, or as agreed between JD(M)Ltd and the Buyer.
b) If any changes to the Goods ordered or in quantity ordered are requested by the Buyer prior to delivery, JD(M)Ltd may alter the price so far as reasonable by altering the order acknowledgement in accordance with the request of the Buyer.
c) JD(M)Ltd reserve the right to alter any prices, so far as reasonable, due to any unforeseen increases in material or labour costs or any other causes which are beyond their reasonable control. If the increase is greater than 10% the Buyer shall, so far as reasonably possible, be given notification as early as possible and shall be able to cancel the order in writing within 24 hours of such notification.
d) The price does not include value added tax (VAT) and the Buyer shall pay VAT in the manner and at the rate from time to time in force.
e) Where the value of the Goods does not exceed £200.00 nett, the Buyer shall pay cost of delivery of the Goods to their premises at the rates described under clause 12) DELIVERY.
6) QUOTATIONS
a) All quotations are priced in £ Sterling and are estimates only. They are not offers capable of legal acceptance but only invitations to treat. A legal contract shall only be concluded as provided in clause 1) DEFINITIONS.
b) After a period of 30 days from any quotation a revised quotation should be sought.
c) Prices quoted include material and labour cost, but exclude any contribution to tooling costs, which may be quoted and charged separately unless otherwise specified.
d) Unforeseen increases in material costs will be notified and charged in addition to the quoted price.
7) DESIGNS
If any Goods are produced or manufactured to the Buyers specifications, then the Buyer is required to warrant that such Goods do not infringe any patent Trade Mark, Registered Design or any other proprietary right.
The Buyer should also indemnify JD(M)Ltd for any loss, damage or expense which may result from any infringement of such matters.
8) PAYMENT
a) The price, less any deposit paid at the time of order or prior to despatch of any Goods, is due from the Buyer within 30 days of the date of the invoice. (The date of invoice is the date of despatch of the Goods).
b) If the price is paid within 10 days of the date of the invoice an early settlement discount of 2½% may be deducted by the Buyer.
c) If any sum due to JD(M)Ltd is not paid by the due date, debt recovery steps may be taken, with any resulting fees or charges being passed on to the Buyer.
d) JD(M)Ltd reserve the right to subject any sum not paid by the due date to interest at the rate applicable at the relevant time for judgement debts in the High Court. Such interest may be charged from the due date.
e) JD(M)Ltd will, at their discretion, suspend or terminate any supply contract if:
i) The Buyer becomes insolvent.
ii) The Buyer has an administrative receiver appointed of their business.
iii) The Buyers business is compulsorily or voluntarily wound up.
iv) JD(M)Ltd have a bona fide reason to believe that any of the above might occur.
9) ALTERATION AND SUBSTITUTION
Catalogues and other forms of advertising literature are not guaranteed to be totally accurate, but are intended to represent a general picture of the products of JD(M)Ltd. Therefore:
i) JD(M)Ltd reserve the right to amend any product specification without notification.
ii) JD(M)Ltd reserve the right to substitute any Goods that are not available with Goods of a similar description and price. Such Goods may be returned by the Buyer for credit if not required.
10) CANCELLATION
a) JD(M)Ltd reserve the right to cancel any full or part order on their books if they are unable to complete the Contract for any reasons beyond their reasonable control.
b) If the Buyer should wish to cancel an order, cancellation will only be accepted if it is confirmed in writing between the Buyer and JD(M)Ltd. If cancellation is accepted, it will only be governed by the terms that JD(M)Ltd can claim for any costs and or losses as a result of The cancellation.
11) TITLE
a) Title to any Goods will remain with JD(M)Ltd until the price and any other sums and VAT have been paid by the Buyer. However from the date of delivery to the Buyers premises the risk in the Goods passes to the Buyer, who shall insure the Goods for their full replacement value.
b) If it becomes necessary to do so, JD(M)Ltd will, without prejudice to any of their other rights, recover all or any Goods from the Buyer and reserve the right to repossess any unsold Goods.
12) DELIVERY
a) JD(M)Ltd will use reasonable endeavours to deliver the Goods to the Buyer within the time scale of 3 days after the date of despatch. 3 days is the standard carrier service for all deliveries, unless the Buyer requests an overnight delivery service, or unless the Goods are despatched in a data bag. However, this 3 day time scale may be subject to fluctuation.
b) If any deliveries take longer than the time scale dictated by the type of carrier service used, due to fault of the carrier, JD(M)Ltd will not accept any responsibility or blame for any resulting damage or loss of business caused to the Buyer.
c) JD(M)Ltd reserve the right to supply part quantities of any order and to deliver balances at a later date.
d) JD(M)Ltd reserve the right to withhold delivery of any order, for any Buyer, whether part or completed, until payment has been received for any sums outstanding, including the price of the order in question, if:
i) JD(M)Ltd have bona fide doubts as to the financial standing of the Buyer concerned.
ii) The Buyer has failed to comply with payment terms concerning any previous contract(s).
e) On all orders for delivery within the U.K. Mainland, carriage will be charged on any order less than £200.00 nett value. On all orders for delivery to Northern Ireland, Republic Of Ireland, Isle Of Man and Channel Islands, carriage will be charged on any order less than £250.00 nett value. Present carriage charges are: £7.00 (for smaller, light weight ‘Doc Pak’ consignments) or £10.00 (for larger, heavier consignments).
f) A carriage charge does not apply to part orders or order completions, only where the original value of such orders exceeded £200.00 nett or £250.00 nett.
g) For all overnight deliveries, unless the necessity to be despatched overnight occurred due to the failure of JD(M)Ltd to satisfy the Buyers specific delivery date, there will be a carriage charge. The cost of this carriage charge will vary according to the location of the Buyers premises relative to JD(M)Ltd; and the weight and size of the consignment.
h) JD(M)Ltd reserve the right to alter any carriage charges without notification according to the carrier rates which may vary from time to time.
i) Prior to delivery, risk in the Goods remains with either JD(M)Ltd or the carrier.
j) If any Buyer refuses to take delivery of any Goods which have been ordered and/or booked in and delivered in accordance with the Buyers instructions, then the Buyer must bear the cost of any storage charges that may result.
k) Non receipt of any Goods must be notified to JD(M)Ltd in writing within 14 days of the date of despatch; whilst non-acceptance, defects, damage and partial loss of Goods must be notified to JD(M)Ltd in writing within 7 days of the date of delivery. Failure to adhere to these time scales will result in the presumption of complete, safe and satisfactory delivery; and as a result risk in the Goods will pass to the Buyer.
13) CORRECTIONS
JD(M)Ltd reserve the right to correct any clerical or typographical errors made by their employees, servants or agents at any time without notification.
14) WARRANTY (FIT FOR PURPOSE)
a) JD(M)Ltd warrant that the Goods will be fit for the purpose for which they are intended and will be durable and free from defect in material and workmanship for a reasonable time from the date of purchase.
b) Any defective or damage Goods will be repaired or replaced as originally ordered provided that the Buyer complies with the following conditions:
i) That the Buyer gives written notification to JD(M)Ltd of any damaged or defective Goods within 7 days of the date of delivery.
ii) That a notice of any damage or defect is also given to the carrier within 7 days of the date of delivery.
iii) That whether previously accepted or rejected, any Goods suffering from damage or defects must be returned to JD(M)Ltd.
c) Any representation of warranty made during pre-contractual negotiations on behalf of JD(M)Ltd will be of no effect.
d) JD(M)Ltd will not be liable for defects including, but not limited to, the following:
i) Defects arising from failure of any Goods due to alterations or modifications made without the approval of JD(M)Ltd.
ii) Specific defects brought to the Buyers attention before ordering.
iii) Defects on any Goods examined by the Buyer before ordering.
Iv) Defects arising from misuse and or abuse of the Goods, whether wilful or accidental.
15) LIMITATION OF LIABILITY
a) The warranty set out under clause 14) WARRANTY does not extend to Goods not manufactured by JD(M)Ltd, in respect of which the Buyer shall only have the benefit of the manufactured warranty, if any.
b) The liability of JD(M)Ltd is limited to rectifying or replacing any damaged or defective Goods; and does not extend to compensating the Buyer for any work done or consequential loss.
c) Any exclusions or limitations of liability set out herein apply so far as allowed by law. Nothing in these terms and conditions shall affect the statutory rights of a consumer.
16) RESPONSIBILITY
a) JD(M)Ltd will not be held responsible for any loss or damage to tools, materials or any other property of the Buyer whilst in the possession of JD(M Ltd.
b) JD(M)Ltd will not be held responsible for any loss or damage caused to the Buyer as a result of late delivery, shortage or damage to any Goods supplied.
c) JD(M)Ltd will not be held responsible for any damage caused by any circumstances deemed to be beyond the control of JD(M)Ltd.
d) The benefits under this contract must not be transferred by the Buyer.
17) SEVERANCE
If one of the clauses in these conditions is held to be illegal or void, this will not affect the validity of the remaining clauses.
18) FORCE MAJEURE
JD(M)Ltd shall not be liable for any breach of the conditions due to a cause beyond their control.
19) LAW
a) In the event of any dispute, these terms take precedence over all other parties.
b) All terms and conditions of this contract will be governed by and interpreted in accordance with the Laws of England. Any dispute will be resolved within the jurisdiction of the Courts of England.