Mr. Gerald William Haywood, B.Sc., C.Eng., M.I.E.E., M.R.I.N. and
Mrs. Jane Elizabeth Pendery Trading As Jubilee Office Supplies.
"The Company" means Jubilee Office Supplies. "The Customer" means the person to whom the Company may agree to sell goods in accordance with the Company's conditions of sale. "Goods" means the articles or things or any of them or any part or parts of them to be provided by the Company in accordance with the Company's conditions of sale.
All orders are accepted and Goods supplied subject to the following express terms and conditions (the Company's conditions of sale) and, to the extent that the exclusion or restriction of liability may be prohibited by statute, all other conditions, warranties and representations, expressed or implied and statutory or otherwise, except as to title, and hereby excluded. Any order placed by a Customer shall constitute an offer to contract up on these express terms and conditions, and no addition thereto or variation therefrom whether contained in the Customer's order or otherwise shall apply unless expressly agreed in writing by the Company's authorised representative. No financial nor other confidential information about the Company nor information in the Company's possession will be disclosed to any person or body not authorised to receive such information. The Company's employees or agents are not authorised to make representations concerning the Goods unless confirmed by the Company in writing. In entering into the contract the buyer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.
Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Company shall be subjected to correction without any liability on the part of the Company. Any advice or recommendation given by the Company or its employees or Agents to the Buyer or its employees or agents as to the storage, transport, application or use of the Goods is followed or acted upon entirely at the Buyer's own risk, and accordingly the Company shall not be liable for any such advice or recommendation.
All orders are subject to availability of the Goods and to acceptance by the Company's authorised representative. Any prior confirmation by the Company by facsimile or telephone shall be deemed to be provisional only.
(a) Catalogues, price lists and other advertising literature or material as used by the Company are intended only as an indication to price and range of Goods offered and no prices, descriptions or other particulars contained therein shall be binding on the Company.
(b) All quoted or list prices are based on the cost to the Company of supplying the Goods to the Customer and if before delivery of Goods there occurs any increase in any way of such cost in respect of Goods which have not yet been delivered the price payable shall be subject to amendment at the Company's discretion.
The Company will not be liable in respect of any loss or damage caused by or resulting from any variation for whatever reason in the manufacturer's specifications or technical data and will not be responsible for any loss or damage resulting from curtailment or cessation of supply following such variation. The Company will endeavour to advise the Customer of any such impending variation as soon as it receives notice thereof from the manufacturer.
All Goods sold in used condition are sold as seen and without any warranty of any kind. Goods sold as used Goods may not be returned under any circumstances.
(a) Risk in the Goods shall pass to the Customer on delivery.
(b) Title in the Goods shall be the Company's until payment in full has been made by the Customer to the Company.
(c) If payment in full is not made in accordance with the Company's conditions of sale the Company may require the Customer to return the Goods forthwith and if the requirement is not immediately complied with the Company may be entitled at any time and without notice to retake possession of the whole or any part of the Goods and to take possession of any property of the customer (and for that purpose to enter the premises occupied by the Customer and sever the Goods and or property from anything they are attached to without being responsible for any damage thereby caused) without prejudice to any other remedy that may be available to the Company. The Company may dispose of such goods and or property at its discretion.
Save as herein expressly provided, and save to the extent that the exclusion or restriction of liability may be prohibited by statute, the Company shall not be liable for any loss of whatsoever nature or to whomsoever or whatsoever caused arising out of the use of the Goods. The Customer shall indemnify the Company against all claims made against the Company by any third party in respect thereof. Unless otherwise agreed
(a) Where the Goods are rejected by the Customer as not being in accordance with the Customer's order the Company will only accept the return of such Goods provided that it receives written notice thereof, giving detailed reasons for rejection, within 3 days of receipt of the Goods by the Customer, and if such notice is not received by the Company within the said period of 3 days the Goods shall be deemed to have been accepted by the Customer. The Company will not consider any claim for compensation, indemnity, or refund until liability if any has been established or agreed with the manufacturer and where applicable the insurance Company and under no circumstances shall the invoiced cost of the Goods be deducted or set off by the Customer until the Company has passed a corresponding credit note and
(b) In the case of defects or faulty workmanship in the Goods or any part thereof the Customer shall not be entitled to receive any compensation, credit or refund in excess of that received by the Company under any guarantee or warranty given to it by the manufacturer or the supplier thereof.
Save as herein expressly provided, unless otherwise specifically negotiated and agreed all accounts are payable by the end of the calendar month following invoice date. Any discount offered is a settlement discount and is allowable on payment within the Company's credit terms. All payments are applied against the oldest outstanding debt. In the event that the Company commences collection proceedings against the Customer, interest at the rate of 3% per calendar month compounded daily from the invoice date until all debts are paid will be charged on all outstanding debts plus an administrative charge of fifty pounds. Unpaid cheques will be charged at twenty pounds per presentation.
Any times quoted for despatch are to be treated as estimates only and without prejudice, although every endeavour will be made by the Company to adhere to them. Quotations or offers of Goods ex stock are subject to the Goods being unsold at the time of receipt of the Customers written order. All despatch dates are calculated from the date of acceptance of the Customers written order or from the date when all outstanding technical details have been resolved whichever is the later.
(a) If the Customer shall make default in or commit any breach of its obligations to the Company or if the Customer being an individual (or when the Customer is a firm any partner in that firm) shall at any time become bankrupt or shall have a receiving order or administration order made against him or shall make any composition or arrangement with or for the benefit of his creditors or shall propose to do so if in Scotland he shall be made insolvent or notour bankrupt or any application shall be made under any Bankruptcy Act for the time being in force for sequestration of his estate or a Trust deed shall be granted by him on behalf of his creditors or the Customer being an incorporated body any resolution or petition to wind up its business will be passed or presented otherwise than for reconstruction or amalgamation or if a liquidator or receiver or manager of such corporate body or its undertaking property or assets or any part thereof shall be appointed or if the Customer shall be insolvent or shall be unable or shall admit its inability to meet its commitments promptly as and when due the Company shall have the right (without prejudice to any further or other claims or right which the Company might have) forthwith to cancel any uncompleted order or to cancel or suspend delivery and, notwithstanding any other provisions of the Company's conditions of sale, payments for any goods already supplied shall immediately become due.
(b) Requests by a Customer for cancellation of any order or for re scheduling of deliveries will only be considered by the Company if made in writing, and shall be made subject to the written acceptance of the Company in accordance with sub-clause 11(a) as aforesaid, or if cancelled or re-scheduled at the request of a Customer as aforesaid then the Customer shall indemnify the Company against all loss costs (including the cost of labour and materials used and overheads incurred), damages, charges and expenses arising out of the order and the cancellation or re-scheduling thereof.
The Company shall not be liable for the cancellation by it of any order or any unfulfilled part thereof or for effecting partial delivery or performance if performance by the Company is prevented or delayed whether directly or indirectly by any cause whatsoever beyond the reasonable control of the Company whether such cause existed or was foreseeable at the date of acceptance of the Customer's order by the Company or not and without prejudice to generality of the foregoing any cause shall be deemed to prevent hinder or delay the Company if the Company is thereby hindered or delayed from fulfilling other commitments whether to the Customer or to third parties.
Unless otherwise agreed the Goods are supplied in accordance with the manufacturers standard specifications. The Company reserves the right to increase its quoted or listed price or to charge accordingly in respect of any orders accepted for Goods of non-standard specification and in no circumstances will it consider cancellation of such orders or the return of the Goods. Orders for non-standard Goods will only be accepted upon receipt of an official written order containing a clear specification.
If and to the extent that any provision or any part of a provision of the Company's conditions of sale is illegal, void or unenforceable for any reason, then such provision or part thereof (as the case may be) shall be deemed to be severable from the remaining provisions or parts of the relevant provision (as the case may be) all of which remaining provisions shall remain in full force and effect.
The waiver by the Company of any breach of any term hereunder shall not prevent the subsequent enforcement of that term, and shall not be deemed a waiver of any subsequent breach.
In no event shall the Company be liable for indirect or consequential damages. The Company disclaims all liability to the Customer for any losses incurred by the Customer as a result of any negligence or other tortious act by the Company, its employees or agents.
Customer agrees not to assign or transfer this agreement or any of its rights herein without the prior written consent of the Company.
Furniture is normally delivered in ready to assemble form complete with assembly instructions. A furniture assembly service is available at extra cost if required.
Goods returned by the Customer to the Company for credit will be subject to a handling and restocking charge of 30% of the nett order value. Goods returned must be complete in the original packaging and fit for resale.
All Goods delivered must be signed for. Claims for shortages or damaged Goods must be notified within 72 hours of delivery, otherwise claims will not be entertained.
The Company reserves the right to demand that new Customers pay in full upon delivery of their first order or until such time as satisfactory credit references are obtained.
Where goods to the exact specification ordered by the customer are out of stock or unavailable the Company may supply alternative similar goods. The charges made for such alternative goods will be according to the Company's published prices. The customer shall be under no obligation to accept such alternative goods.
Unless otherwise agreed, carriage is free for deliveries within a 30 mile radius of the Company's premises at the time of despatch. For deliveries further than 30 miles from the premises carriage will be charged at cost. The Company reserves the right to levy a charge for delivery of any Goods to any destination advised by the Customer. Delivery to any destination other than the invoice address must be advised in writing by the customer.
If goods are to be paid for in instalments, the first instalment shall be paid upon delivery of the Goods, and Title in the goods shall not pass to the Customer until payment in full has been received by the Company.
Copies of the current Conditions of Sale may be obtained at any time on application to the Company.