STANDARD TERMS AND CONDITIONS OF SALE
All sales effected by Jackson Technical Solutions Limited (the Company”) shall be made on the following terms and conditions which supersede earlier sets of condition appearing on the Company’s invoices or elsewhere and the Company will not contract under any other terms or conditions whatsoever unless expressly agree in writing by an authorized representative of the Company.
1. Prices
All goods are invoiced at the price ruling at the date of dispatch and are exclusive of VAT which shall also be payable
2. Payment Terms
Payment for goods supplied shall be due thirty days from the date of invoice in respect thereof and prompt payment is a condition precedent to future deliveries
3. No Set-Off
The purchaser shall not be entitled to set-off any sums whatsoever due by the Company to the purchaser against any sums due by the purchaser to the Company.
4. Special Delivery
Any cost incurred by requesting a special method of dispatch will be payable in full by the purchaser and charged on the invoice.
5. Non-Delivery or Shortages
Whilst the Company makes every effort to ensure that goods are delivered on the specified date, any time or date named by the Company for delivery is giver and intended as an estimate only. Time of delivery shall not be of the essence and the Company will not be liable to make good any loss or damage whatsoever arising directly or indirectly out of delay in delivery howsoever caused and the purchaser will be obliged to accept delivery notwithstanding such delay. In the case of non-delivery of goods, written notice must be given to the Company within seven days of the invoice date.
6. Samples
All samples are chargeable.
7. Special Requirements
Goods correctly made to the purchaser’s specification, including samples, are not returnable and will not be credited to the purchaser under any circumstances.
8. Return of Goods
No goods shall be returned to the Company without the prior written agreement of an authorized representative of the Company. Where prior agreement has been reached on the return of goods a 30% restocking charge will apply, no carriage and/or packing charges will be credited.
9. Liability and Limitation
(i) The Company shall be relieved of liability for any loss or damage if and to the extent that such loss or damage is caused by any cause or event which the Company is unable to avoid and the consequence of which the Company is unable to prevent by the exercise of reasonable diligence.
(ii) Subject to condition 10 the Company’s liability howsoever arising and notwithstanding that the cause of loss or damage be unexplained shall not exceed the value of any goods lost or damaged. The Company shall not in any circumstances whatsoever be liable for indirect or consequential loss including (but not limited to) loss of profits, loss of market or the consequence of delay or damage whatsoever.
10. Guarantee
All products are supplied in good faith and are guaranteed against material defect and faulty workmanship. The Company shall not be responsible for claims arising from misuse or misapplication of the goods by the purchaser or any employee of the purchaser.
11. Return of Goods Claimed to be ‘Faulty’
The company must be advised of and agree to any returned goods prior to shipment.
12. Retention of Title
Property in the goods shall not be passed to the purchaser until the price for the goods has been paid in full to the Company. So long as the Company is entitled to the property or any interest in the goods, the purchaser shall store the goods in good condition and so that they are clearly identifiable as the property of the Company, or as property in which the Company has an interest. Without prejudice to any of the Company’s other rights (whether to damages or under any contract or otherwise) the Company may, at any time after the price for the goods has become due and remains unpaid, rescind the contract for the sale of goods and recover the goods which are still the Company’s property and may, by the Company’s servants or agents, enter onto the purchaser’s premises for that purpose, or any premises in which the said goods are stored. Notwithstanding the foregoing provisions, the risk in the goods shall pass, or delivery, to the purchaser.
13. Governing Law
These conditions shall in all respects be construed and operate as a contract made in England and in accordance with the laws of England and the parties shall submit to the jurisdiction of the courts of England.
