Terms & Conditions
Entering into Agreements
Contracts shall be binding only if confirmed by J&C Joel Ltd. The validity of contracts and in particular any shipment relating thereto shall depend on the written order confirmation by J&C Joel Ltd in connection with the present terms of delivery and payment notwithstanding any possible contradictory specification by the customer. Should the contract not be returned signed within 2 weeks it shall be deemed to be accepted by the customer. By receiving the goods delivered the purchaser declares that he accepted.
Delivery
Delivery will be made carriage and customs duties unpaid. Any cases of force majeure, steps taken by authorities, unforeseeable shortages of manpower, energy or raw materials as may occur in the works as well as its option, any unforeseeable obstacles duration manufacturing or delivery shall entitle J&C Joel Ltd to exceed the delivery dates or to cancel the remaining quantities under the contract without any claims for subsequent delivery or liquidated damages, and/or indemnity. Any claims for indemnity on the part of the purchase are excluded. Transport and loss insurance for Transportation will be concluded by J&C Joel Ltd only upon award of an order on the account of the Purchaser.
Payment
All payments shall be made by cheque or bank draft or irrevocable letter of credit. Compensation for counterclaims, retention of due invoice amounts and all unauthorised deductions are not permitted in any circumstances. In the even of the Purchaser not paying the full invoice amount by the date due Seller reserves the right to charge at a rate of 3% above Lloyds Bank Plc prevailing base rate, per month, on the full amount of the invoice value. This interest charge will be implemented on all invoices remaining unpaid after 60 days past the due date of payment of the invoice.
Retention of Title
The goods shall remain the property of the Seller, until payment of the full purchase price. In case the goods sold under retention of title clause are processed or linked with other Goods and/or mixed with the same, the Seller retains exclusive right of properly on the object so linked or mixed. In the event of the Goods being linked or mixed with goods not owned by the Purchaser, the Seller will acquire co-property on the objects thus created in relation to the value of the Goods sold. Should the Purchaser be late in paying the purchase price, the Seller shall be entitled to reclaim the goods as sold under the retention of title clause, with the agreement remaining in effect, until the balance of the purchase price is paid, and may keep the share of the purchase price already received by adhering to the indemnity and contractual claims. Any claim put forward under the retention of title clause may be construed as a withdrawal from the agreement, only if explicitly so declared by the Seller. The purchaser shall be liable for any damage arising out of the withdrawal of the goods delivered. The purchaser shall transfer all claims to the Seller as may be obtained from the resale to any third party of the goods sold under the retention of title clause. Within this period of retention of title the purchaser shall not transfer to any third party any rights whatsoever in the goods under this title, and in particular any mortgaging or factors lien shall not be admissible. In the event the goods under the present agreement are mortgaged by any third party or should any bankruptcy proceedings or composition on bankruptcy, or in the case of the purchaser being a limited company, liquidation or the appointment of a receiver, be initiated against the asset of the purchaser or should a petition of bankruptcy by rejected for lack of assets to cover the cost connected therewith the purchaser shall immediately notify J&C Joel Ltd in writing and refund the Seller all costs inherited in claiming the property retained.
Guarantee of Quality
Reclaimation of faulty workmanship or any other objections will be considered by the Seller if received in writing not later than 21 days after receipt of goods. The goods are supplied with relevant fire certification; however it is the responsibility of the purchaser to ensure that the fabrics supplied by J&C Joel Ltd are suitable for each individual venue by closely liasing with the relevant fire authorities.
Claims & Returns
J&C Joel Ltd will not accept any claims or returns on piece goods that have been cut or altered in any way by the Purchaser. All returns must be agreed in advance and un authorised return number be quoted in all cases. All packaging and costs for returned goods are at the expense of other parties unless previously agreed.
Supplementary Conditions
Alterations to the present conditions are permissible only with the written consent of the Seller. |