Terms & Conditions
Terms & Conditions
made). Interest will be payable on any overdue invoices at the rate of 5% over Barclays bank base rate per annum, until payment is received.
(a) Unless the defect is discovered within 7 days of the date of delivery and the Company is given written notice of the defect within 7 days of it being discovered; (b) The Buyer makes any further use of the Goods after giving notice of the defect to the Company; (c) If the Buyer fails to adhere to the terms of payment set out in these Conditions; (d) Unless after discovery of the defect the Company is given a reasonable opportunity to inspect the goods before they are used, fixed or interfered with in any way and the Buyer (if asked to do so by the Company) returns such Goods to the Company’s premises at the Buyer’s cost for the examination to take place there. If, following such inspection by the Company, the Company accepts that the Goods do have a defect the Company shall refund to the Buyer the reasonable cost incurred in returning such Goods to the Company. It is acknowledged that the costs of suspending works are relevant to the determination of what is a reasonable opportunity and this clause shall not apply to any works affecting the Goods which it may be reasonably necessary to carry out in the interests of safety and/or as emergency measures; (e) If the defect arises as a result of the Goods being used for a purpose other than that specified to or by the Company; (f) If the defect arises from fair wear and tear; and/or (g) If the defect arises from the Buyer’s negligence, misuse, alteration or repair of the Goods, failure to follow British Standard or industry instructions relevant to the Goods, storage of the Goods in unsuitable conditions or use of the Goods in abnormal working conditions. 8.3 Subject to Condition 8.2, if any of the Goods do not conform with any of the warranties in Condition 8.1 the Company shall at its option repair or replace such Goods (or the defective part) to refund the price of such Goods provided that, if the Company so requests, the Buyer shall at the Company’s expense return the Goods or part of the such Goods which is/are defective to the Company. 8.4 If the Company complies with Condition 8.3 it shall have no further liability for a breach of any of the warranties in Condition 8.1 in respect of such Goods. 8.5 If the Goods are supplied manufactured or processed to information or a design supplied by the Buyer or as approved by the Buyer or any third person nominating or specifying the Goods then: (a) Subject to Condition 9.1, the Company shall not be under any liability for damages howsoever caused or under Condition 8.3 as the case may be, except in the event of: (i) Fraudulent misrepresentation by the Company, or (ii) Misrepresentation where the representation was made or confirmed by a person authorised to sign on behalf of the Company, or (iii) Non-compliance with such information, or (iv) Breach of a written warranty signed by a person authorised to sign on behalf of the Company that the Goods are fit for that purpose. (b) The Buyer will unconditionally, fully and effectively indemnify the Company against all losses, damages and costs on an indemnity basis and expenses awarded against or incurred by the Company in connection with or paid or agreed to be paid by the Company in settlement of any claim for infringement of any intellectual property rights of any other person. 8.6 If the goods are supplied by a reference to information provided by an authorised person on behalf of the Company then, subject to Condition 9.1, the Company shall not be under any liability for damages howsoever caused or under Condition 8.3 except in the proportion and to the
1 Definitions and Interpretation
3.1 The Company shall endeavour to deliver the Goods (to the location set out in the Order or such other location as the parties may agree) by the date quoted for delivery in the Order, but such date is not guaranteed and the time of delivery is not of the essence. The date quoted shall be extended by a reasonable period if there is a delay caused a Force Majeure Event or the Buyer’s failure to provide the Company with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods. 3.2 Any returns due to customers change of design will occur a restocking fee of 25% of the net value of the goods, furniture returns will also incur additional courier charges if applicable.
1.1 Definitions: “Business Day” means a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business; “Buyer” means the person or firm who purchases the Goods from the Company; “Company” means Just Taps Plus UK Limited (registered in England and Wales with company number 7462410). “Conditions” means the terms and conditions set out in this document; “Contract” means the contract between the Company and the Buyer for the sale and purchase of the Goods in accordance with these Conditions; “Force Majeure Event” means an event or circumstance beyond a party’s reasonable control; “Goods” means the goods (or any part of them) set out in the Order; “Order” means the Buyer’s order for the Goods, as set out in the Buyer’s written acceptance of the Company’s quotation; “Specification” means any specification for the Goods which is provided by the Company; 1.2 Interpretation: (a) a reference to a statute or statutory provision is a reference to such statute or provision as amended or re- enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted. (b) any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms. (c) a reference to writing or written includes [faxes and] emails.
7 Risk and Title
7.1 The risk in the Goods shall pass to the Buyer on completion of delivery. 7.2 Title to the Goods shall not pass to the Buyer until the earlier of: (a) the Company receives payment in full (in cash or cleared funds) for: (i) the Goods, and (ii) for any other Goods that the Company has supplied to the Buyer, in which case title to the Goods shall pass at the time of payment; and (b) the Buyer resells the Goods, in which case title to the Goods shall pass to the Buyer at the time specified in Condition 7.4. 7.3 Until title to the Goods has passed to the Buyer, the Buyer shall: (a) store the Goods separately from all other goods held by the Buyer so that they remain readily identifiable as the Company’s property; (b) not remove, deface or obscure any identifying mark or packaging on or relating to the Goods; (c) maintain the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery; (d) notify the Company immediately if it becomes subject to any of the events listed in Condition 10.1; and (e) give the Company such information relating to the Goods as the Company may require from time to time. 7.4 Subject to Condition 7.5, the Buyer may resell or use the Goods in the ordinary course of its business (but not otherwise) before the Company receives payment for the Goods. However, if the Buyer resells the Goods before that time: (a) it does so as principal and not as the Company’s agent; and (b) title to the Goods shall pass from the Company to the Buyer immediately before the time at which resale by the Buyer occurs. 7.5 If before title to the Goods passes to the Buyer the Buyer becomes subject to any of the events listed in Condition 10.1, then, without limiting any other right or remedy the Company may have: (a) the Buyer’s right to resell the Goods or use them in the ordinary course of its business ceases immediately; and (b) the Company may at any time: (i) require the Buyer to deliver up all Goods in its possession that have not been resold, or irrevocably incorporated into another product; and (ii) if the Buyer fails to do so promptly, enter any premises of the Buyer or of any third party where the Goods are stored in order to recover them.
4 Packaging
4.1 All products are packaged by fully trained, professional warehousing staff and leave the premises in optimum condition for delivery. As such, Just Taps Plus declines all responsibility for damages arising from mishandling during transit.
5 Compatibility
5.1 The Goods are described in the Company’s catalogue [as modified by any applicable Specification. 5.2 Whilst the majority of Just Taps Plus products are compatible with UK specifications, care should be taken on product selection prior to ordering to avoid problems arising from installation issues. 5.3 Just Taps Plus reserves the right to make technical changes to products at any time and modify or cancel models. Details and dimensions are approximate; therefore we advise no pre-drilling to fit products before delivery. Just Taps Plus will not be held liable for fitting issues that arise if drilling is attempted before the product is received.
2 Orders
2.1 These Conditions apply to the Contract to the exclusion of any other terms that the Buyer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. 2.2 The Order constitutes an offer by the Buyer to purchase the Goods in accordance with these Conditions. The Buyer is responsible for ensuring that the terms of the Order and any applicable Specification are complete and accurate. 2.3 The Order shall only be deemed to be accepted when the Company issues a written acceptance of the Order, at which point the Contract shall come into existence. 2.4 Any samples, drawings or advertising produced by the Company and any illustrations contained in the Company’s catalogues or brochures are produced for the sole purpose of giving an approximate idea of the Goods referred to in them. They shall not form part of the Contract nor have any contractual force. 2.5 A quotation for the Goods given by the Company shall not constitute an offer. A quotation shall only be valid for a period of 20 Business Days from its date of issue. 2.6 Modifications to Orders communicated verbally and/ or by the phone must be confirmed in writing by the Buyer and are subject to acceptance by the Company in accordance with Condition 2.3. 2.7 The Buyer cannot cancel an Order without the agreement of the Company; the Company reserves the right to apply appropriate charges. The minimum purchase order is £75.00 excluding VAT. Orders under this value will incur a carriage fee of £7.50.
6 Prices and Payment terms
6.1 The price of the Goods shall be the price set out in the Order, or, if no price is quoted, the price set out in the Company’s published price list in force as at the date of delivery. 6.2 The price of the Goods: (a) excludes amounts in respect of value added tax (“VAT”), which the Buyer shall additionally be liable to pay to the Company at the prevailing rate, subject to the receipt of a valid VAT invoice; and (b) excludes the costs and charges of packaging, insurance and transport of the Goods, which shall be invoiced to the Buyer. 6.3 The Company may invoice the Buyer for the Goods on or at any time after the completion of delivery. 6.4 The Buyer shall pay the price of the Goods no later than 30 days of the date of invoice relating to the Goods. All payments shall be made in full, without deduction in respect of any counter claim. The Company may at any time, without limiting any other rights or remedies it may have, set off any amount owing to it by the Buyer against any amount payable by the Company to the Buyer. 6.5 If the Buyer fails to comply strictly with the payment obligations set out in this Condition 6, the Company shall be entitled to terminate the Contract or suspend any further deliveries of Goods to the Buyer (whether or not such deliveries are to be made pursuant to the same order as the Goods in respect of which payment has not been
8 Warranty
8.1 The Company warrants that, subject to the other provisions of these terms, upon delivery: (a) the Goods will be free from material defects in design, material and workmanship; and (b) he goods will be reasonably fit for any particular purpose for which the Goods are held out by the Company. 8.2 The Company shall not be liable for a breach of any of the warranties in Condition 8.1:
3 Delivery
JTP
357
356
JTP
Made with FlippingBook Ebook Creator