1) Any person or persons (hereinafter called ‘the Buyer’) who makes or shall make acceptance of any estimate or quotation for and or who enters into any contract for the provision of goods and or services by JEGS Electrical Ltd. (hereinafter called ‘the Company’) shall be deemed to accept and to agree to be bound by these conditions.
2) Unless otherwise agreed in writing by the Company these conditions which supersede any earlier sets of conditions appearing in the Company’s estimate quotations, catalogues or elsewhere shall override any terms or conditions stipulated, incorporated or referred to by the Buyer whether in the order or in any negotiations.
3) Save only insofar and to the extent that their exclusion is rendered void by stature all guarantees, warranties and terms or conditions, whether express or implied by common law statute or otherwise are excluded.
4) For the avoidance of doubt it is hereby declared that any variation of these conditions or of any estimate quotation or contract to which these conditions apply, shall be of no force or effect whatsoever unless the same be expressly agreed in writing signed by a director, the secretary or such servant of the Company who is expressly authorised in that regard by the Company.
5) No order shall be binding upon the Company unless the said order be expressly accepted in writing by the Company.
6) All prices and estimates quoted by the Company in respect of the provision by it of any goods and or services, are subject to alteration without notice and the Buyer shall bear the cost of any such alteration.
7) Unless otherwise expressly stated in writing in the Company’s quotations or estimates, all prices or estimates are strictly net cash against invoice and exclusive of value added tax or any taxes levies or duties and payment shall be made by the buyer immediately upon receipt of the Company’s invoice and without any discount or any other reduction and without any delay or deferment on account of or relating to any dispute or claim the Buyer may have or allege to have with or against the Company.
8) Should the purchase price or part thereof remain unpaid for a period in excess or thirty days after the collection or taking delivery of any goods, the subject of a contract between the Company and the Buyer the Company shall thereupon be entitled to charge and if so charged The Buyer shall pay interest to the Company of 2.5% per month upon the purchase price or any part thereof so long as the sum remains unpaid.
9) Any times and or dates whenever and howsoever stated or given by the Company and relating to the provision by the Company of any goods and or services are given and intended as estimates only and shall under no circumstances whatsoever be or become of the essence of any contract between the Buyer and the Company and the Company shall under no circumstances whatsoever be liable to the Buyer for any loss damage or expense whether caused or arising directly or indirectly by or from any delay in delivery or alteration to the said times or dates.
10) The Buyer shall, unless otherwise expressly agreed in writing, take delivery of any goods from the Company’s premises within seven days of being notified that the same are available thereat.
11) Any cost or expense of any delivery agreed to be made by or on behalf of the Company to or to the order of the Buyer or in accordance with The Buyer’s instructions shall be borne and paid for by the Buyer to the Company.
12) When any delivery is agreed to be made by or on behalf of the Company to or to the order of the Buyer or otherwise in accordance with the Buyer’s instructions, the Company shall be deemed to have made and the Buyer shall be deemed to have accepted a due delivery of the goods when a delivery note concerning and accompanying the goods is given by or on behalf of the Company to The Buyer, his servant or agent or any representative of the Buyer named by the Buyer and agreed between the Buyer and the Company or when the said delivery note is left with the goods upon those premises or at that location during normal and or business hours at which delivery was agreed to be made.
13) The Buyer shall give the Company such full details as may be necessary or required by the Company as will enable the Company, where the same is agreed, to make delivery of any goods the subject of any contract between the Company and the Buyer.
14) If for any reason the Buyer is unable or does not collect or take delivery of any goods at the time when the same are due and ready for collection or delivery, the Company shall if and only if storage facilities permit, store the goods and take all reasonable steps to prevent their deterioration until the Buyer takes delivery thereof and the Buyer shall be liable to the Company for the reasonable cost including insurance of so doing. This condition shall be in addition to and not in substitution for any other payment or damages for which the Buyer may be or become liable in respect of his failure to take delivery at the appropriate date.
15) All claims arising out of or relating to any goods alleged by the Buyer to have been lost, mislaid or damaged before delivery of the same has been made by or on behalf of the Company and whilst in transit between the Company’s premises and any place agreed between the parties as the place for their delivery shall be notified in writing to and received by the Company within three days after delivery as aforesaid or within three days after the date fixed by or on behalf of the Company for delivery. If the said notification of any claim as aforesaid is not received by the Company within the said period, the Company shall be under no liability whatever in respect of the said loss mislaying or damage.
16) Replacement or at the Company’s sole discretion, the repair of the said goods shall at all times and in any event constitute the limit of the Company’s liability to the Buyer and the Company shall not be liable for any injury, loss, damage or expense whether caused, contributed to or arising directly or indirectly by or out of any negligence of the Company, its servants, agents or other representatives or howsoever caused or arising.
17) Defects as to quality and or fitness for any particular purpose of any goods or any part or parts thereof the subject of any contract between the Company and the Buyer shall under no circumstances be grounds for the rescission or repudiation of the contract by the Buyer.
18) The property in respect of any goods the subject of this condition and any goods collected by the Buyer or delivered or deemed to be delivered to the Buyer shall remain vested in the Company and the Buyer has been made in full including any addition to or variation in the purchase price or purchase prices whether arising by reason of condition 6 and 8 or otherwise and any value added tax or other tax levies and duties payable by the Buyer to the Company under any statute and or the said contract or contracts or under any variation or substitution thereof. Until payment is made in accordance with the terms hereof under all contracts as aforesaid:
19) i) Notwithstanding that the property in all goods to be collected by the Buyer or delivered or deemed to be delivered to the Buyer by the Company shall remain vested in the Company until the Company has received payment in full the risk of damage to or loss of all or any such goods shall pass to the Buyer forthwith upon collection by the Buyer or delivery or deemed delivery thereof to the Buyer and as from such date of collection delivery or deemed delivery the Buyer shall be liable to the Company for the purchase price for such goods whether or not the same are damaged or lost prior to the date that the property therein shall pass to the Buyer.
ii) The insurable risks in all the goods to be collected by the Buyer or delivered or deemed to be delivered to the Buyer shall pass to the Buyer as soon as the goods are collected by the Buyer or delivered or deemed to be delivered to the Buyer or to his order and pending disposal the Buyer shall keep the goods insured in the amount of the purchase price at which the goods are sold to the Buyer against any insurable risks. If goods are destroyed by an insured risk prior to the same being paid for by the Buyer the Buyer shall receive the proceeds of any such insurance as Trustee for the Company.
20) Unless otherwise expressly agreed in writing by the Company the Company shall not be found to resale any goods to the Buyer, its servants or agents whether by way of delivery or of collection unless any charge and or additional charges owing to the Company in respect thereof have been received in full by the Company from the Buyer.
21) In the event of war, invasion, act of foreign enemy hostilities (whether war has been declared or not) civil war rebellion revolution, insurrection or military or usurped power the Company shall be relieved of all liabilities incurred under any contract with the Buyer. The Company shall also be relieved of the said liabilities wherever and to the extent to which the fulfilment of such obligations is prevented, frustrated or impeded by any statute, rules, regulations orders or requisitions issued by any government department, council or other duly constituted authority or by any strikes, lockouts, trade disputes, breakdowns, accident or any cause whatsoever beyond the control of the Company or any of its suppliers.
22) All disputes, differences or questions at any time arising between the parties as to the construction of these conditions or as to any matter or thing arising under or out of the contract or in any way connected therewith shall be referred to the decision of any independent arbitrator who shall be agreed between the parties or who failing such agreement shall be appointed at the request of either party by the president for the time being of The Institute of Electrical Engineers or in his absence or in the case of his illness then any person acting in that capacity from time to time. The arbitration shall be in accordance with the Arbitrition Act 1950 and any statutory modifications or re-enactment there of from time to time in force.