BUSINESS TO BUSINESS TERMS AND CONDITIONS OF SALE
The following terms and conditions (“the conditions”) are the terms on which JML Hardware Ltd sells to other businesses and supersede all other terms and conditions used by the company.
- Orders, price and payment.
1.1 No contract shall come into existence until the company confirms the order for
goods in writing.
1.2 The price (exclusive of VAT) for the Goods (“the price”) shall be the quoted price of the Company and payment of the price shall be made by the buyer within 45 days of the date (“the due date”) of the invoice for the goods.
1.3 If the price is not paid by the due date the buyer will be liable to an additional payment of reasonable liquidated damages. Interest shall accrue both before and after any court judgement on the unpaid portion of the price at the rate of eight per cent above the base rate from time to time of HSBC BANK.
1.4 Any cancellation of any order by the buyer must be in writing, and agreed as cancelled also in writing by the company. In case of any cancellation, the buyer may be released from its obligations under the contract after payment of a sum for reasonable liquidated damages.
The company shall deliver the goods to the buyer’s address and on the date as both are shown on the quotation. Time shall not be of the essence for delivery. The buyer shall make all necessary arrangements to take delivery of the goods on the day notified by the company for delivery.
The company must be advised in writing by recorded delivery of any defects in the goods as soon as they are discovered by the buyer who shall be deemed to have accepted the goods if they have not been rejected on or before the seventh day after delivery. The buyer shall not be entitled to reject the goods in whole or in part thereafter.
4 Title and Risk
The goods shall be at the risk of the buyer following delivery and notwithstanding delivery, title in the goods shall not pass to the buyer until the buyer has made payment of all sums owing to the company failing which the company shall have the right to repossess or otherwise recover the goods. Until title passes the buyer shall hold the goods as bailee for the company and shall store or mark them so that they can at all times be identified as the goods of the company.
- Limitation of Liability
5.1 Save in respect of personal injury or death due to any negligence, the company shall not be liable to the buyer in respect of any loss suffered by the buyer due to any defect in the goods.
5.2 Without prejudice to conditions 6.1 the company shall not be liable to the buyer or any third party for any loss of profit, consequential or other economic loss suffered by the buyer arising in any way from this agreement.
- Force majeure.
The company shall not be liable for any default due to any circumstances beyond the reasonable control of the company including but not limited to acts of god, war, civil unrest, riot, strike, lock-out, acts of civil or military authorities, fire, flood, earthquake or shortage of supply.
If any term or provision of these conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
Notwithstanding any other provision of this agreement, nothing herein shall confer or is intended to confer a benefit on any third party for the purpose of the contract (rights of third parties) act 1999 or for any other purpose.
- Entire agreement
Each of the parties agrees that save in respect of statements made fraudulently it shall have no remedy in respect of any untrue statement upon which it relied in entering this agreement and that its only remedies shall be for breach of contract.
- Governing law and jurisdiction.
The laws of England and Wales shall govern this agreement and the parties hereby submit to the non-exclusive jurisdiction of the courts of England and Wales.
Terms and conditions for website usage
The term ‘JML Hardware’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is JML Hardware, PO BOX 109, Wigan, Lancashire, WN4 9FY. Our company registration number is 4982193. The term ‘you’ refers to the user or viewer of our website.
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
- Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.