Terms and Conditions
This document contains 2 Sections:
CONDITIONS OF SALE, and
TERMS OF USE (for the Website)
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SECTION 1: JKTowers - Conditions Of Sale (Effective 1 May 2012) |
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GENERAL 1.1 All quotations are made and all orders are accepted subject to the following conditions. All other terms conditions or warranties whatsoever are excluded from the contract or any variation thereof unless expressly accepted by the relevant member of the JKTOWERS organisation supplying products (the “Company”) in writing. In placing an order with the Company the purchaser of products from the Company (the “Customer”) accepts to be bound by these terms and conditions to the exclusion of its own terms and conditions and other terms, conditions or customs which may otherwise apply. 1.2 Quotations shall be available for acceptance for a maximum period of 14 days from the date thereof and may be withdrawn by the Company within such period at any time by written or oral notice. 1.3 Quotations, offers and tenders are for the whole of the Goods for which the same are given by the Company and the Company reserves the right to refuse acceptance of any order which constitutes part only of the Goods forming the subject of the quotation, offer or tender. 1.4 If any statement or representation has been made to the Customer by the Company its servants or agents upon which the Customer relies other than in the documents enclosed with the Company’s quotation or acknowledgement of order then the Customer must set out that statement or representation in a document to be attached to or endorsed on the order and in any such case the Company may confirm reject or clarify the point and submit a new quotation. 1.5 The Company reserves the right to correct at any time any clerical or typographical errors made by its servants, employees or agents.
DELIVERY 2.1 Delivery times quoted are subject to confirmation after receipt of order and while the Company will be as accurate as possible on the issue of such times the same cannot be guaranteed. The Customer shall have no right to damages or to cancel the order for failure for any cause to meet any delivery time stated. 2.2 The date of delivery shall in every case be dependent upon prompt receipt of all necessary information final instructions or approvals from the Customer. Alterations by the Customer in design specifications or quantities required may result in delay in delivery. 2.3 Failure by the Customer to take delivery of or to make payment in respect of any one or more instalments of Goods delivered hereunder shall entitle the Company to treat the whole contract as repudiated by the Customer. 2.4 The Company will endeavour to comply with reasonable requests by the Customer for postponement of delivery but shall be under no obligation to do so. Where delivery is postponed otherwise than due to default by the Company the Customer shall pay all costs and expenses including a reasonable charge for storage and transportation occasioned thereby and payment for the Goods shall be made in accordance with these conditions. 2.5 Packaging (if any) supplied by the Company unless otherwise expressly agreed is intended to provide adequate protection throughout normal conditions of transit of usual duration. 2.6 The Company will not be liable for unloading of Goods or for placing the same in position on site, except by prior arrangement in writing. 2.7 The Company reserves the right to charge the Customer for any demurrage costs incurred in the event of vehicles being unduly delayed at the Customer’s works when delivering.
RISK AND TITLE 3.1 Risk shall pass to the Customer so that the Customer is responsible for all loss damage or deterioration to the Goods:- 3.1.1 if the Company delivers the Goods by its own transport or in accordance with a specific contractual obligation arranges transport for the Goods, at the time when the Goods or a relevant part thereof arrive at the place of delivery; or 3.1.2 in all other circumstances at the time when the Goods or a consignment or other part thereof leave the premises of the Company. 3.2 Title to the Goods or any relevant part thereof shall only pass to the Customer upon the happening of any one of the following events:- 3.2.1 the Customer has paid to the Company all sums due and payable by it to the Company under this contract and all other prior contracts between the Company and the Customer; or 3.2.2 When the Company serves on the Customer notice in writing specifying that title in the Goods or such part thereof has passed. 3.3 The Company may recover Goods in respect of which title has not passed to the Customer at any time and the Customer hereby licences the Company, its officers, employees and agents to enter upon any premises of the Customer for the purpose either of satisfying itself that condition 3.4 below is being complied with by the Customer or of recovering any Goods in respect of which property has not passed to the Customer. In the event of the Goods being at the premises of a third party by the direction of the Customer then the Customer shall if so required by the Company remove the Goods from such premises and return them to the Company forthwith. Where any Goods are so recovered, the Company shall credit the value of the same to the Customer’s account less 20% to cover administration and handling charges in respect of the Goods. 3.4 Until title to the Goods has passed to the Customer pursuant to the terms hereof it shall possess the Goods as a Bailie of the Company on the terms of this contract. If the Company so requires the Customer shall store the Goods separately from other goods and shall ensure that they are clearly identifiable as belonging to the Company. 3.5 Should the Customer refuse to allow access to its premises in breach of this clause 3, the Customer shall be liable on an indemnity basis for all costs incurred by the Company in attempting to exercise its rights (including, without limitation, the cost of staff time, vehicle hire and petrol).
CANCELLATION / RETURNS & RETURNS POSTAGE 4.1 Cancellation will only be agreed to by the Company on condition that all costs and expenses incurred by the Company up to the time of cancellation and all loss or damage resulting to the Company by reason of such cancellation will be paid forthwith by the Customer to the Company. 4.2 Any Goods which have been supplied in accordance with the Customer’s order but which are subsequently returned will only be credited in accordance with sub-clause 4.3 below provided that:- 4.2.1 the Company’s prior written agreement has been obtained; 4.2.2 the Goods are fit in every respect for immediate re-sale; and 4.3.2 the item(s) are not custom-made or tailored to the customer's specific requirements, e.g. modified relays and collars are custom items and therefore outside the normal returns policy. 4.3 A restocking/administration fee will not normally be applied provided other terms are met. 4.4 Goods returned without the Company’s consent may not be accepted for credit and will in such cases remain in the Company’s possession entirely at the Customer’s risk. If the Customer fails to collect the Goods within 7 days, the Good shall revert to the Company without compensation being paid to the Customer. 4.5 Return Postage costs are not covered by the company. Refund of original postage costs may be made at the company's discretion and in all cases limited to the level of "usual" costs for such an order. Additional costs of expedited or other non-standard delivery arrangements as originally specified/chosen by the customer will not be reimbursed.
PRICES 5.1 VAT the company is (as of July 2015) not VAT registered and therefore VAT does not apply at this time. Should this situation change then VAT will be applied to the prices immediately it becomes appropriate. 5.2 Unless otherwise agreed Goods will be invoiced by the Company on the basis of the Company’s standard prices ruling as at the date of dispatch. 5.3 United Kingdom prices quoted are for the mainland only and exclude the Channel Islands, Scottish Islands, Isle of Man and Northern Ireland and some Scottish Highland regions where additional carriage charges may be applicable. Where additional charges apply the customer will be notified of these prior to dispatch and should they fail to meet them the order will be deemed cancelled (at the Company’s absolute discretion) . 5.4 On orders for dispatch to points outside the United Kingdom, net carriage may be charged to the Customer by the Company (at the Company’s absolute discretion) and such charge shall be in addition to the price quoted for the Goods. 5.5 Where consignments at the request of the Customer are forwarded by any conveyance involving a higher carriage charge than would be incurred by the Company’s usual mode of conveyance any excess charge will be debited to the Customer. 5.6 In the event of any alteration being requested by the Customer and agreed by the Company in design or specification the Company shall be entitled to make an adjustment of the contract price corresponding to such alteration. 5.7 Unless otherwise agreed in writing cases and other packing materials, when charged for, will be credited if returned to the Company’s works within two months, carriage paid and in good condition. 5.8 Where a Customer has agreed enhanced trading terms with the Company as compared to these terms and conditions (e.g. volume based rebates) (“Enhanced Terms”), these Enhanced Terms are, unless agreed in writing and signed on behalf of both the Company and the Customer, extended at the sole discretion of the Company and may be immediately removed at any time by the Company giving notice of the same to the Customer. No contract for such Enhanced Terms shall exist simply as a result of the course of dealing. The Company may cancel and and all Enhanced Terms shall be immediately and without notice.
TERMS OF PAYMENT 6.1 Unless otherwise agreed by the Company in writing the terms of payment shall be net cash at the time or order (or collection where collection in person has been agreed). 6.2 Where Goods are delivered by instalments the Company may charge each instalment separately and the Customer shall pay such invoices in accordance with these conditions. 6.3 No disputes arising under the contract, nor delays beyond the reasonable control of the Company, shall interfere with prompt payment in full by the Customer.
DIMENSIONS 7. The Company reserves the right to alter or change dimensions of the Goods supplied within reasonable limits having regard to the nature of the Goods Dimensions specified by the Company are to be treated as approximate only unless the Customer specifically states in writing that exact measurements are required. SHORTAGES 8. Shortages must be brought to the attention of the driver of the delivery vehicle and unless clearly marked on the Customer signed copy of the delivery note and countersigned by the said driver at the time of delivery no responsibility will be accepted by the Company and no claim for shortages will be entertained. 9 (this section intentionally blank) WARRANTY 10.1 Save as otherwise provided by the other conditions of these Conditions, Sections 12 to 15 of the Sale of Goods 1979 are not to be implied into this contract
LIABILITY 11. Save where the Company is shown to have failed to exercise reasonable care in the manufacture and/or supply of the Goods and such failure results in death or serious personal injury the Company shall not be liable in respect of claims arising by reason of death or serious personal injury. Under no circumstances whatsoever shall the Company be liable for any indirect or consequential loss (including removal or rectification work required in connection with the installation of repaired or replacement Goods), loss of profits or damage to property. Save in respect of death or serious personal injury, as allowed previously in this clause, the Company’s liability shall be capped at the actual amount of cash previously paid by the Customer to the Company under the agreement during the previous 3 month period or, if higher, such minimum amount as may be required by law.
CONSUMER PROTECTION ACT 1987 (‘THE ACT’) 12 .1 In circumstances where the Company supplies Goods to the Customer in the form of component parts and products to be fitted to motor vehicles of any type whether by the Customer any subsequent trade purchaser or the end user the Customer shall:- 12.1.1 forthwith on demand supply to the Company for inspection full details of all instructions information and warnings as issued by the Customer to its purchasers in relation to the Goods (provided nevertheless that any such inspection or the right to inspect shall not of itself constitute acceptance or approval on the part of the Company of such instructions information and warnings); and 12.1.2 indemnify reimburse and compensate the Company for all losses and damages (including costs expenses and charges for legal actions in which the Company may be involved) that the Company may incur in the event that any claim or claims are made against the Company pursuant to the Act in circumstances in which the component part or product supplied by the Company was either:- (i) not the defective component part or product; or (ii) was only rendered the defective component part or became a defective product by reason of the actions or omissions of the Customer; or (iii) was only rendered the defective component part or became a defective product by reason of instructions information or warnings given by the Customer. 12.2 For the purposes of this clause the word ‘defective’ shall be Interpreted In accordance with the definition contained in the Act.
CONFIDENTIAL INFORMATION 13. All drawings documents confidential records computer software and other information supplied by the Company are supplied on the express understanding that copyright is reserved to the Company and that the Customer will not without the written consent of the Company either give away loan exhibit or sell any such drawings documents records software or other information or extracts therefrom or copies thereof or use them in any way except in connection with the Goods in respect of which they are issued.
DATA AND TECHNICAL INFORMATION 15. The information contained in the advertising sales and technical literature issued by the Company may be relied upon to be accurate in the exact circumstances in which it is expressed otherwise any illustrations performance details examples of installations and methods of assembly and all other technical data in such literature are based on experience and upon trials under test conditions and are provided for general guidance only. No such information or data shall form part of the contract unless the Customer shall have complied with condition 1.5 hereof relating to statements and representations.
INSOLVENCY 16. If the Customer shall become bankrupt or under the provisions of Section 123 of the Insolvency Act 1986 is deemed to be unable to pay its debts or compounds with creditors or in the event of a resolution being passed or proceedings commenced for the administration or liquidation of the Customer (other than for a voluntary winding up for the purpose of reconstruction or amalgamation) or if a Receiver or Manager is appointed of all or any part of its assets or undertaking, or if the Customer fails to satisfy a statutory demand for payment (whether issued by the Company or otherwise) within the allotted time period, the Company shall be entitled to cancel the contract in whole or in part by notice in writing without prejudice to any right or remedy accrued or accruing to the Company. FORCE MAJEURE 17.1 Neither party shall be under any liability for any delay loss or damage caused wholly or in part by act of God governmental restriction condition or control or by reason of any act done or not done pursuant to a trade dispute whether such dispute involves its employees or not or by reason of any other act matter or thing beyond Its reasonable control including failure by the other party to carry out the provisions of these conditions. 17.2 Should the performance of any obligation of the Company be prevented, delayed or in any way interfered with due to any of the aforesaid matters then the Company may at its option suspend performance or cancel its obligations under the contract without any liability whatsoever, such suspension or cancellation being without prejudice to the Company’s right to recover all sums owing to it in respect of consignments delivered and costs incurred prior to the date of suspension or cancellation.
ATTENDANCE ON SITE 18.1 Should the Company attend on the Customer’s premises to perform any work in connection with an order then the Customer shall indemnify the Company in respect of all claims made or proceedings taken against the Company (and associated legal costs) by any third party including but not limited to the Company’s employees, the Customer’s employees or the employees of any contractor employed by the Customer or the personal representatives or dependents of such employees or other third parties in respect of death, personal injury or damage to property (including damages as a result of fire or explosion) caused by or arising out of the work in any manner whatsoever save where the Company is shown to have failed to exercise reasonable care in the performance of the work and such failure results in death or personal injury. 18.2 Should the Customer attend on the Company's premises in connection with an order then the Customer acknowledges that they do so entirely at their own risk and shall indemnify the Company in respect of all claims made or proceedings taken against the Company (and associated legal costs) by themselves or any third party associated with or employed by the Customer in respect of death, personal injury or damage to property (including damages as a result of fire or explosion) caused by or arising out of the work in any manner whatsoever.
SPECIALS 19.1 The Company can give no guarantee of the suitability of materials or design of goods made specially to the Customer’s requirements differing from the Company’s standard specifications even if the purpose be known to the Company. 19.2 The Company cannot accept responsibility for Customer’s samples, drawings, tools and the like while in the Company’s possession and the Company will not accept any claim for loss, breakages or damages to the same whatever the cause.
LEGAL 20.1 All contracts are to be construed according to English law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods and any conflict of law provisions that would require application of another choice of law. 20.2 All disputes arising or in connection with any contract between the Company and the Customer or any related agreement, shall be exclusively settled by the courts of England and Wales or, where orders are made with a Company whose registered office is outside of England and Wales, shall be exclusively settled by the home courts of that Company, who shall have exclusive jurisdiction to resolve any dispute hereunder and the Customer irrevocably submits to the jurisdiction of the English courts, or, where applicable, such other foreign courts, and agrees to indemnify the Company against any expense the Company may incur if the Customer initiates proceedings under the laws of any other jurisdiction. 20.3 Where these terms have been translated into any language other than English, in the event of any conflict or discrepancy between that foreign language version and the English language version, the English language version shall prevail. Website Terms of Use This website is produced by JKTOWERS (hereinafter referred to as "the Company" in conjunction with its marketing partners. All images, logos and trademarks on the site (whether such marks are registered or unregistered) are the sole property of the Company or its partners. Any reproduction, use, adaptation, translation, marketing, some or all of these elements, without permission of the Company is prohibited. Where links are available to external websites, these are provided for your convenience. We do not represent those sites and we are not responsible for their contents or their use. Disclaimer and Limitation of Liability Whilst every effort has been made to ensure the accuracy of the information supplied herein, the Company cannot be held responsible for any errors or omissions. Unless otherwise indicated, opinions expressed herein are those of the author of the page and do not necessarily represent the view of the Company. The Company takes reasonable precautions to ensure that any personal information which you provide is used only for the purposes set out in this policy. However, the Internet is not a completely secure network and the Company cannot guarantee that such information will not be intercepted by other parties. You agree that your use of the Website is entirely at your own risk and it is your responsibility to ensure that your computer’s security software is up to date and sufficient for your purposes. The Company hereby excludes all and any losses, liabilities, claims, damages, expenses or costs (whether as a consequence of its negligence or otherwise) arising in connection with:-
No advice or information, whether oral or written, given to you by the Company or any of its employees or agents will create any warranty or representation to you or in your favour otherwise than as expressly set out in these terms and conditions. No user of the website is owed any duty of care by the Company and, to the extent that such a duty of care may arise as a matter of law, each user expressly waives such duty to the fullest extent permissible by law. You agree to indemnify, defend and hold harmless the Company and all of its officers, employees and agents from any and all losses, liabilities, claims, damages, expenses or costs asserted by any third party in connection with your use of the website. Copyright The Company grants permission for the browsing of this material as part of the World Wide Web and for the printing of one copy per person for personal reference only. A copy of this notice must be appended to any copy of material taken. The express permission of the Company must be obtained for any other use of this material. Governing Law These terms of use and your use of this website are governed by the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any disputes arising in connection with such terms or this website. Consent By using this website, you consent to these terms and conditions in full. You further agree that these terms and conditions constitute the sole and entire agreement between you and the Company in respect of your use of the website. About Us The company' was established in November 2010. For details of trading address see the "How to find us" page.
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Last Updated 1 August 2016 |