General & Web-site Terms and Conditions
Updated March 2012
‘The seller’ means JLS Supplies Ltd
‘The buyer’ means the person, business or any other party with whom the seller contracts to supply.
‘The goods’ means the items that the seller has contracted to supply to the buyer in accordance with these conditions.
‘The services’ means the services that the seller has contracted to carry out for the buyer in accordance with these conditions.
‘The contract’ means any contract that the seller has made with the buyer to provide goods or services.
Unless otherwise agreed in writing by the seller these conditions apply to the exclusion of any conditions stipulated by the buyer during negotiation, or in any order.
Any quotation made by the seller shall not be binding until the seller has accepted an order for the quoted goods. The contract then made between the seller and the buyer will then be subject to these conditions. Except where mentioned later in these conditions no representative of the seller has the right to agree any other terms inconsistent with them, except with the written permission of a Director.
The seller will guarantee any price quoted for goods or services not listed in its current price lists for a maximum of 30 days from the quotation date. After this time the goods or services will be requoted.
The seller reserves the right to alter all or any of the prices in its current price lists at any time. While notification of price changes will be communicated to the buyer as soon as possible, usually before any changes, the seller will not be responsible to the buyer if such notification is not received, or acted on, by the buyer.
All prices quoted either in the seller’s price lists or quotations are exclusive of any applicable value added tax. This will be added on invoicing.
The buyer is responsible for the accuracy of any order including correct description of the items to be ordered.
Unless otherwise specified goods ordered will be supplied to the standards and specifications stated in the seller’s catalogues and price lists. Where goods to different specifications are required the buyer is responsible for supplying suitable and accurate information to enable the seller to properly fulfil the order.
This information may include, but is not limited to, drawings, samples and standards.
Where goods are ordered to the buyers specifications, the buyer will indemnify the seller against any infringement of intellectual property rights including, but not limited to patent, trademark, copyright, and any loss that the seller may incur due to such infringement worldwide.
All orders for goods or services to the buyer’s specifications are to be confirmed in writing to the seller before the contract is made. When such an order has been placed the seller will not accept cancellation.
The seller will deliver the goods to the buyer by the most convenient and economical method. If the buyer specifies an alternative delivery method for any reason, this is to be agreed in writing with the seller, as an additional delivery charge will be likely.
The seller will deliver to the address specified by the buyer. If no address is specified, the seller will deliver to the buyer’s normal address. If the seller is requested by the buyer to deliver to a third party, a charge will be made by the seller for this service.
The seller will endeavour to deliver the goods and services ordered within a reasonable time, or, for non-stocked items, within the time stated in quotation. The seller cannot be responsible for delays due to circumstances beyond it’s control, however. Also, quoted times are only estimates given in good faith and the seller will not be responsible for failure to deliver within a quoted (estimated) time.
Where goods are to be paid for before delivery the seller will advise the buyer when the order is complete. The goods will then be stored by the seller for a maximum of 30 days. If payment has not been made by this time the goods will be returned to stock or may be sold to an alternative buyer.
If goods are to be delivered in instalments each instalment will constitute a separate contract. Failure to deliver any instalment on time will not affect contracts for other instalments.
Buyers who do not have an account with the seller will be invoiced on a pro-forma basis. It is the seller’s policy that all new buyers pay for their first order on this basis. After the first order has been paid for buyers can apply to open an account by completing the Account Application form.
For account holders (unless otherwise specified in writing by the seller), payment will be made by the buyer no later than 30 days after the end of the month in which the invoice(s) were raised.
If payment is not made by the buyer, within the time requested by the seller, and there is no dispute between the buyer and the seller causing withholding of payment the seller reserves the right to take the following actions:-
(a) Suspend supplies of goods and services to the buyer until the buyer has paid the outstanding amounts.
(b) Revoke credit facilities and any discounts offered for habitually late payment.
(c) Instruct the seller’s debt collectors to take action to recover outstanding amounts as well as interest and costs.
Note:- If a payment is in dispute it does not entitle the buyer to withhold payment for any other invoices due for payment for the relevant month.
All goods supplied to the buyer by the seller remain the property of the seller until paid for in full by the buyer.
If the buyer takes delivery of goods ordered from the seller and finds any discrepancy between the delivery documents and the goods received, for any reason, he/she must advise the seller of the discrepancy within seven days. If the buyer suspects that a consignment from the seller has been lost in transit he/she must advise the seller as soon as possible. The sellers liability will be limited to replacing or repairing lost or damaged goods. The seller will not be liable for any consequential loss resulting from goods lost or damaged in transit.
The seller will be responsible for goods in transit until delivered to the buyer, except where delivery is postponed at the buyers request. The seller will also not be liable for any damage caused to any buyer’s property left with the seller regardless of how it is caused.
If any goods supplied by the seller are found by the buyer to be defective, the buyer must inform the seller within 14 days of receipt of the goods, in writing, of the nature of the defect. This also applies to goods manufactured to the buyer’s specifications, which the buyer deems are incorrect. The seller’s liability in such cases will be limited to replacing or repairing the defective or incorrect items. The seller will not be responsible for any direct or consequential loss arising from such defective or incorrect goods.
Where goods are to be replaced by the seller, credit will be made for the original goods and a new invoice for the replacements.
WEB-SITE Specific Terms and Conditions updated August 2010
2. Information on the Website
3. Trade Marks
4. External Links
5. Public forums and User Submissions
6. Specific Use
8. Disclaimer of Liability
9. Use of the Website
2. Information on the Website
Whilst every effort is made to update the information contained on this website, neither the Website Owner nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, any share price information, research information, data and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) ("information") and shall not be bound in any manner by any information contained on the website. The Website Owner reserves the right at any time to change or discontinue without notice, any aspect or feature of this website. No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You and your company rely on the information contained on this website at your own risk. If you find an error or omission at this site, please let us know
3. Trade Marks
The trademarks, names, logos and service marks (collectively "trade marks") displayed on this website are registered and unregistered trademarks of the Website Owner. Nothing contained on this website should be construed as granting any licence or right to use any trade mark without the prior written permission of the Website Owner.
4. External Links
External links may be provided for your convenience, but they are beyond the control of the Website Owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of the Website Owner. Please contact us if you would like to link to this website or would like to request a link to your website.
5. Public Forums and User Submissions
The Website Owner is not responsible for any material submitted to the public areas by you (which include bulletin boards, hosted pages, chat rooms, or any other public area found on the website. Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by the Website Owner. The Website Owner reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may, including but not limited to -
5.1 defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties;
5.2 publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information;
5.3 post or upload files that contain viruses, corrupted files or any other similar software or programmes that may damage the operation of the Website Owner's and/or a third party's computer system and/or network;
5.4 violate any copyright, trademark, other applicable Great Britain or international laws or intellectual property rights of the Website Owner or any other third party;
5.5 submit contents containing marketing or promotional material, which is intended to solicit business.
6. Specific Use
You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify the Website Owner against any loss, liability, damage or expense of whatever nature which the Website Owner or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any such message or material.
The Website Owner makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website, the information contained on the website, your or your company's personal information or material and information transmitted over our system.
8. Disclaimer of Liability.
The Website Owner shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company's personal information or material and information transmitted over our system. In particular, neither the Website Owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
9. Use of the Website.
The Website Owner does not make any warranty or representation that information on the website is appropriate for use in any jurisdiction (other than Great Britain ). By accessing the website, you warrant and represent to the Website Owner that you are legally entitled to do so and to make use of information made available via the website.
10.1 Entire Agreement.
These website terms and conditions constitute the sole record of the agreement between you and the Website Owner in relation to your use of the website. Neither you nor the Website Owner shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and the Website Owner in respect of your use of the website.
the Website Owner may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions (the "current version") and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.
Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
No indulgence or extension of time which either you or the Website Owner may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
The Website Owner shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.
All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
10.7 Applicable laws.
Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of Great Britain without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the High Court of Great Britain in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.
10.8 Comments or Questions.