CONDITIONS OF SALE
JONES STROUD INSULATIONS LTD (The Sellers)
(Members of the KREMPEL-GROUP)
Unless expressly accepted by the Sellers in writing, any qualification to the conditions appearing in a Buyer’s order will be treated as inapplicable and not binding on the Sellers in any way whatsoever.
The Sellers warrant that the goods shall at the time of delivery be free from defects in workmanship and materials. If any goods do not confirm to this warranty, the Sellers will at their option:
Replace the goods found not to confirm to the warranty
Take such steps as the Sellers deem necessary to bring the goods into state where they are free from such defects; or
Take back the goods found not to confirm to the warranty and refund the appropriate part of the purchase price.
Provided that the liability of the Sellers shall in no event exceed the purchase price of the goods and performance of any one of the above options shall constitute an entire discharge at the Sellers’ liability under this warranty.
The foregoing warranty is conditional upon:
The Buyer giving written notice to the Sellers of the alleged defect in the goods, such notice to be received by the Sellers within fourteen days of the time when the Buyer discovers or ought to have discovered the defect and, in any event, within three months of delivery of the goods, and
The Buyer affording the Sellers a reasonable opportunity to inspect the goods and if so requested by the Sellers, returning the allegedly defective goods to the Sellers Works, carriage pre-paid, for inspection to take place.
Save as provided in paragraph (1) of the Condition and in Section 12 of the Sale of Goods Act 1979:-
All conditions and warranties, express or implied, as to the quality or fitness for any purpose of the goods are hereby expressly excluded and:-
The Sellers shall be under no liability for any loss or damage (whether direct, indirect or consequential) howsoever arising which may be suffered by the Buyer.
In the event that, notwithstanding the foregoing provisions of this condition, the Sellers are found liable for any loss or damage suffered by the Buyer, that liability shall in no event exceed the purchase price of the goods.
Certificates of Conformity and/or Test certificates will only be supplied where requested by the Buyer and will be charged for accordingly.
The Sellers shall not be liable in respect of any claim for damage in transit or loss through damage in transit unless the Carriers and the Sellers are notified in writing within three days of the arrival of the damaged consignment. Please note your company should sign the forwarders POD as damaged to ensure any claim from the forwarding agent.
To ensure any claim for a short or non-delivered item the Sellers should be notified in writing within 21 days of the date of invoice.
The time named for delivery shall be adhered to as closely as possible but no responsibility is accepted by the Sellers for unforeseen delays.
The Sellers accept no responsibility for delay caused by force majeure. plant breakdowns, shortage of raw materials, strikes, lockouts or other circumstances outside the Sellers control.
The Sellers will maintain the quoted price but reserve the right to amend this if there are fluctuations in the price of raw material or cost of labour.
Under no circumstances should goods be returned to the Seller without the Seller’s prior authority. Goods returned without the consent of the sellers cannot be accepted for credit. Should faulty goods be suspected, a sample must be sent to the Seller for the attention of the Commercial Services Manager. Should the Seller agree any defect, then a Goods Inward Non-Conforming Number (GINC) will be issued by the Seller. This number must accompany returned materials and be clearly stated on all corresponding paperwork. Any complaints regarding material problems must be reported to the Seller within 14 days of receipt.
All quotations made, and all orders and contracts taken by representatives or Agents of Sellers are not accepted until confirmation is sent by the Seller’s Head Office.
Should default be made by the buyer in paying any sum due under any order as and when it becomes due, the Sellers have the right (without prejudice to any claim for damages that the Seller may have against the Buyer) either to suspend all further deliveries until the default be made good or to cancel the order so far as any further goods remain to be delivered. On balances outstanding, interest rate at base rate plus 5% may be charged.
Claims in respect of alleged faulty goods shall not be ground for withholding payment of accounts and shall not give the Buyer any right to set off payments due to the Sellers.
Payment terms are by the end of the month following the month of invoicing.
Any conditions which appear in any quotation made to the Buyer in respect of the order referred to are hereby declared and agreed to be incorporated in these Conditions of Sale.
The price quoted is for the quantity shown and is not necessarily the price applicable to other quantities.
Deliveries may be subject to carriage surcharge.
The Sellers shall have the right after notice to suspend deliveries under this and any other contract (even though the Buyer is not in arrears with any payment) where the Sellers consider the amount outstanding in the Buyer’s account (whether actually due for payment or not) is the limit to which the Sellers are prepared to allow credit.
If the Buyer defaults in taking delivery or giving instructions as to the delivery of any goods after the Sellers have given notice in writing requiring him to do so, the Seller shall be entitles to wither store the goods themselves, making a reasonable charge to the Buyer for such storage, or to store the goods with third parties charging the cost of such storage to the Buyer and in either event to charge the Buyer with all costs of insurance handling and other expenses incurred.
The risk in the goods shall pass to the Buyer upon delivery of the goods to the Buyer or any carrier acting on the Buyer’s behalf. The property in the goods shall remain in the Sellers until the Buyer has paid in full all that is owing to the Sellers in respect of goods supplied under this contract, if such payment is overdue in whole or in part, the Sellers may (without prejudice to any of their other rights) recover or resell the goods or any of them and may enter upon the Buyers premises for the purpose.
If the Buyer shall allow the goods to become incorporated into or be used in the manufacture of other goods before the full price of the goods is paid to the Sellers, the property in the whole of these new goods shall be that of the Sellers who shall be entitles to take possession of the new goods and the Sellers are hereby granted a licence to enter into the Buyer’s premises for the purpose of recovering the goods. The Sellers shall be entitled to sell the new goods and shall retain from the proceeds of sale therefore a sum equal to the amount outstanding to them in respect of the price of the goods and shall pay the balance of the sale proceeds to the Buyer.
The Buyer shall indemnify the Seller against any liability costs (including legal costs) claims, demands or expenses which the sellers may suffer or incur as a result of a Consumer Protection Act claim or claims against the Sellers in respect of an alleged defect in the goods to the extent that any such Consumer Protection Act claim against the Sellers Of caused by or results from a negligent act or omission of the Buyer in its application or use of the goods supplied hereunder. Without prejudice to the generality of the foregoing it is hereby agreed that any application or use by the Buyer of the goods supplied hereunder otherwise than in accordance with the terms of any product information literature made available to the Buyer by the Sellers shall automatically be deemed to be negligent actor omission (as the case may be) on the part of the Buyer.
The contract shall be governed and construed by the Law of England.
Data Protection Notice
Personal data of the Data Subject which is recorded or processed by means of equipment operating automatically and controlled by the Data Controller and stored in a Relevant Filing System. This is Data relating to any living individual who can be identified from such information. This can be information such as names and addresses of employees, directors, shareholders, individual clients, customers, suppliers or other business associates from which such individuals can be identified or from any other information which is in the possession of the data controller.
A person or organisation which (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any Personal Data of the Data Subjects are processed. The Data Controller may pass the Data to carefully selected third parties which can include insurers, credit insurers, credit reference agencies who may also process the Data in which instance the third party is also the Data Controller.
Individuals (who may be associates, business contacts or parties to a contact with the Data Controller) who are the subjects of Personal Data and who Data is processed by the Data Controller.
European Economic Area:
Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovak Republic, Slovenia, Spain, Sweden, United Kingdom, Iceland*, Liechtenstein*, Norway*.
* These countries are in the EEA, but are not members of the European Union
Obtaining, recording, holding the data or carrying out any operation on the Data.
Relevant Filing System:
Readily accessible set of information relating to individuals that are structured either by reference to individuals or by reference to individuals and includes both electronic and manual filing systems.
Data relating to the Data Subject will be processed by the Data Controllers and will be held securely in confidence and processed for the purpose of carrying out the business of the Data Controllers and associated activities such as insurance risk assessment and other related activities (“Activities”). The Data Controller may consult with and disclose the Data Subject’s Data to third parties such as insurers, credit reference agencies and other carefully selected parties (“Third Parties”) who may process the Data also as Data Controllers for the purpose of carrying out the Activities for any business applications made directly or indirectly to the Data Controllers by the Data Subject now or in the future. The Data Controllers may also receive Data on the Data Subject from the Third Parties. The Data will be processed both within and outside the European Economic Area.
The Data Controllers may contact the Data Subject regarding details of other products and services in writing, electronically or by phone. If the Data Subject does not wish to receive such details please tick the box below and return to the Data Controller whose contact details are set out in this document.
The Data Subject can also write to the Data Controller:
- If the Data Subject does not have a contractual relationship with the Data Controllers and are objecting to the processing as set out in this notice.
- The Data Subject requires access to their data held by the Data Controller.
- The Data Subject requires details of any third party data controllers who also process the Data Subjects Data.
REV. 06/07 REISSUED 2007