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The wording below states the terms and conditions on which JUBILEE DIRECT Limited, registered in England & Wales Company No. 077745060 is prepared to provide certain goods and related services to you. These override any implied either verbal or written representation by ourselves or our representatives at any time.
‘we’, ‘us’, ‘our’ or ‘seller’ is a reference to Jubilee Direct Limited, any Holding Company, Subsidiary, Trading Style such as Bowcourt or any other trading style or Associated Company in accordance with law;
‘you’, ‘your’ ‘buyer’ or ‘the Client’ shall mean the person to whom we are providing our services as referred to in our purchase order form;
‘Contract’ shall mean the agreement between the Buyer and the Seller for the purchase of the Materials, including therein the Conditions and all other documents to which reference may properly be made in order to ascertain the rights and obligations of the par-ties under the said agreement.
‘Materials’ means any goods, parts or items we need to supply in order to perform the contract;
‘Premises’ Means the place where we will provide the Services;
‘Services’ means the delivery of the Materials/Product to the Premises or location as specified.
2 TERMS OF CONTRACT
2.1 A contract between the Buyer and the Seller comes in effect when a binding contract between both partied is executed and receipt of initial payment made, if applicable. This contract is on the terms of the Sellers Quotation alone subject to these terms and conditions of trade.
2.2 The master terms of the contract will be subject to the terms and conditions noted herein, and these will supersede any representations made by any parties, prior to execution. Any further variations are to be signed by all parties and remain in existence for a period of 12 months from execution. Any variation to these terms as noted herein shall be valid only if agreed in writing by both parties.
2.3 An order from the Seller will be valid for a period of 14 days from the date of the enclosed document for the benefit of the Buyer alone, unless specified.
3. QUALITY STANDARD/OUR COMMITMENT
3.1 Commencement of the contract will occur on the date specified in the purchase order, or as soon as reasonably possible after this date. It should be noted any external factors preventing completion by the Seller will not negate the terms of the arrangement between the Seller & Buyer, or incur any financial penalty to the Buyer as the date is deemed not to be the essence of the contract. For Clarity the Buyer shall not be entitled to refuse delivery on account of delay, howsoever caused.
3.2 The Services that we normally provide can, if decided be divided into a number of distinct stages, however each stage is independent in value and obligation forming a legal debt on completion of each stage. This is at the discretion of the Seller to determine alone.
3.3 We will endeavour at all times to act with reasonable care and skill, comply with standard trading practices.
4.0 COSTS, TITLE & TERMS FOR PAYMENT
4.1 Our costs as specified on the Sellers Quotation will be maintained on the basis of the contract reflecting the terms of assertions the Buyer has inferred alone and not take into account any other unspecified factors.
4.2 Payment terms for the Contract is usually made with industry standard terms of payment in full within 30 days NET of delivery (ie:30 Eom). Alternatively, it may be specified at the Seller discretion alone that a payment of up to 100% is required prior to delivery to the Buyer’s premises. For bespoke items payment of up to 100% is required upon confirmation of order.
4.3 All amounts stated (whether orally or in writing) are exclusive of Value Added Tax, which will be added at the rate currently in force. To the extent that the Tax is properly chargeable on the supply to the Buyer of any Materials or services provided by the Seller under the Contract, the Buyer shall pay such taxes as an addition to payments otherwise due to the Seller under the Contract.
4.4 The price of the contract is based on the cost of the materials, labour, delivery and other prices ruling at the date of the Sellers quotation.
4.5 The Buyer is required to pay any amounts due at the time we provide to you a bill for those amounts (or where we need to purchase Materials in order to perform the Services at short notice or as determined at our discretion alone. The Buyer agrees that If they fail to pay any amount due to us at the time it is due then we may:
4.5.1 charge you interest (at HSBC Bank plc base interest rate plus 4 (Four) % on any outstanding amounts if those outstanding amounts remain unpaid for more than 30 days from the date of our invoice or when we asked you first to pay them or when you are contractually bound to under our terms and conditions; and/or any legal costs; and/or any administration costs; and/or
4.5.2 We reserve the right to suspend performing the Services until you pay all sums due on your account by cleared funds.
4.6 The Seller hereby confirms that if the product be recognised as faulty in any material way the item can be returned and credited in full.
4.7 The Materials shall become your property on payment by you to us of the cash price balance with interest to the date of payment at the stipulated rate and any other money payable to us under this agreement.
4.8 The Buyer accepts that no title shall pass until payment of all such money relating to the specified goods shall be made. In the interim, they remain the Sellers property and you shall be a mere bailee of the goods with responsibility to insure and hold the goods to our order until discharge of your indebtness.
5.0 ADDITIONAL WORKS
5.1 If we are instructed by or on behalf of the Buyer to carry out additional work to that stated in the Offer or such work is necessary in the circumstances and/or suffers delay or disruption in the performance of the Services for reasons beyond our reasonable control. The Buyer shall make additional payment to us in respect of the additional work carried out and the additional resources employed and/or the delay or disruption suffered.
5.2 The additional payment shall be calculated on the basis of the method of assessing payment under the contract, or where no such method is set out in the contract; payment shall be such sum as is deemed reasonable in the circumstance by the Seller alone.
6 TIMING/DUE DATES
6.1 In the Seller’s responsibility to perform the Services by particular dates and times, we aim to carry out the Services by the dates and times we either agree with you or notify to you however no guarantee can be provided on the date and time of commencement of the work to be performed or finishing date.
6.2 The Buyer agrees to be bound by clause 3.1.
7.1 We will assume that all information, requirements, specification and facts that you provide are accurate and true.
7.2 We will not accept liability for any loss or damage caused by our Services.
8.1 Where we purchase Materials we suggest that you examine them on entry to your premises and/or installation. No responsibility for defect in materials will be accepted after a maximum of 5(five) working days from delivery to site. Any credit after this date for Materials provided will be at the discretion of the Seller alone.
8.2 Some materials, when they are manufactured or made, have inherent imperfections or variations. We will not be in breach of our obligations to provide you with goods which are of satisfactory quality, or comply with any description or that are fit for their purpose where there is an inherent imperfection or variation caused by or due to their making or manufacture or construction.
8.3 Any Materials used will be new, and of satisfactory quality and fit for the purpose of being used in installations of this type.
8.4 Any refund awarded will be inclusive of costs of collection unless agreed prior to collection by the Seller alone. No costs of collection will be applied under this arrangement.
9.1 Once Buyer and Seller enter into a binding contract you will normally not be able to cancel the contract without providing 30 (thirty) days notice except where we agree or as otherwise provided for in this contract.
9.2 On cancellation you will immediately remit sums equal to the amount owed; In addition, the value of any Materials we are contractually committed to buying up to the date of termination (whether or not we need to pay for them before or after the date the contract between us and you is cancelled).
9.3 If you provide notice to the Seller stating to cancel the contract, the Seller does not have to accept your notice except as provided in clause 9 (nine). However, we may choose to accept cancellation, and if the Seller chooses to do so you will be required to pay to us a reasonable amount for the losses and costs (including loss of profit) we have suffered.
10.1 Nothing in clause 14 (fourteen) shall be deemed to exclude or restrict the Company‘s liability for death or personal injury resulting from the Company‘s negligence.
10.2 Exclusion of Consequential Loss – The Company shall not be liable for any consequential or indirect loss suffered by the Buyer whether this loss arises from breach of duty in contract or tort or in any other way (including loss arising from the Company‘s negligence). Non exhaustive illustrations of consequential or indirect loss would be: Damage to property of the Buyer of anyone else, and personal injury to the Buyer or anyone else(except so far as such injury is attributable to the Company’s negligence).
10.3 Limitation – The Company‘s total liability for any one claim or for the total of all claims arising from any one act or default of the Company (whether arising from the Company‘s negligence or otherwise) shall not exceed £ 5,000.00.
We will have the right to amend the terms and conditions of this contract where we need to do so in order to comply with changes in the law and/or we need correct any errors or omissions (and the right includes the right to change any of the documentation which forms part of the contract), as long as such correction is minor and does not materially affect the contract.
We may sub-contract or delegate some or all of the performance of the Services but we will still continue to be responsible for the performance of the Services and our obligations under this contract without notice of consent.
13.0 THIRD PARTY RIGHTS
For the purposes of the Contracts (Rights of Third Parties) Act 1999 this contract is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.
14.0 LAW AND JURISDICTION
This contract shall be governed and construed by the law of England and you and we agree to submit to the jurisdiction of the courts of England and Wales.