J-Safe Terms & Conditions of Sale

  1. Unless otherwise agreed in writing by us the goods are supplied by us only on these conditions and no variations of or addition thereto (whether contained in any document emanating from the purchaser or made orally by any person acting or purporting to act on our behalf shall have effect unless it is in writing signed by or on our behalf. Should any of these conditions conflict with any conditions stated in the Purchaser’s order these conditions shall prevail. The giving by the Purchaser of any delivery instructions for the goods or any part thereof or the acceptance by the Purchaser of delivery of the goods or any part thereof or any document by the Purchaser in confirmation of the transaction set out on the basis thereof after receipt by the Purchaser of this document shall constitute unqualified acceptance by the Purchaser of these conditions.
  2. Quotations, estimates and adverts are only invitations to treat and do not constitute an offer the seller reserving the right to withdraw or amend them at anytime prior to the Seller’s acceptance in writing of the Purchaser’s order.
  3. Every effort will be made to keep to dates given but the company accepts no liability in case of failure to do so unless an express guarantee in writing has been given to effect delivery by a specified time.
  4. If the Purchaser refuses or fails to take delivery of goods tendered in accordance with the contract the Seller shall be entitled to immediate payment in full for the goods so tendered. The Seller shall be entitled to store at the risk of the Purchaser and goods of which the Purchaser refuses or fails to take delivery and the Purchaser shall pay the costs of such storage and any additional costs incurred including damage. Refusal by the Purchaser to take delivery will relieve the Seller from the obligation to make further deliveries without prejudice to the Seller’s right to recover damages for such refusal.
  5. Goods shall be deemed to have been delivered complete in accordance with advice note, undamaged, in good condition and to customer’s satisfaction, unless the Company receives written notice to the contrary within 7 working days (3 weeks in the case of overseas sales) after delivery to the customer. If the Company is then satisfied that goods were delivered incomplete, damaged or defective, the Company will make good the delivery (any replacements as nearly as possible identical and of equal quality) but with no other liability.
  6. Small deviations or variations from particulars of goods shall not give rise to any claims.
  7. Where goods are to be delivered by a carrier on behalf of the Seller the risk therein passes to the Purchaser upon delivery. When the Purchaser arranges for the collection of the goods delivery will be deemed as effective and the risks therein to have passed to the Purchaser upon their transfer to the carrier named by the Purchaser.
  8. Notwithstanding delivery the goods shall remain our absolute property until payment of all amounts due to us whether in respect of the goods delivered or otherwise from the Purchaser and outstanding from time to time. Notwithstanding that we retain the ownership of the goods as aforesaid the Purchaser shall be entitled to use the whole or any part of the goods to be mixed with or to be used in the manufacture of other goods. In those circumstances we shall become the absolute owners of the goods as mixed or as manufactured on the same basis as if the goods were not so mixed or manufactured, provided that the Purchaser may sell and deliver the goods to a third party in the ordinary course of the Purchasers business on condition that until such payment as aforesaid the Purchaser shall hold all proceeds of such sale son trust for the Seller and in a separate account. The Purchaser agrees to store such goods whether in their original stage of mixed or manufactured in such a way as to make them readily identifiable as our property. In the circumstances defined in this condition we shall be entitled immediately after giving notice of our intention to repossess to enter upon the Purchaser’s premises with such transport as may be necessary and repossess any goods or products to which we have title hereunder. Nothing in this condition shall confer any right upon the Purchaser to return the goods or to refuse or delay payment thereof.
  9. Prices quoted are ex-works unless otherwise stated and are those then currently ruling. In event of any alteration in prices by date of despatch, price quoted shall be adjusted accordingly. Any special packing or transport or insurance costs will be charged additional to price of goods. The term ‘special’ refers to any particular arrangements that may be agreed to by us at the request of the Purchaser which are other than our normal methods of packaging and/or delivery.
  10. Payments for goods shall be due on delivery and when delivery is made by instalments payment for each instalment shall be due on delivery thereof. If payment is not made within 10 days of delivery the Seller may withhold further deliveries or terminate the contract of order in its entirety. Unless specifically stated overleaf payment of invoices shall be made without any deduction or setoff in cash so as to be received by the Seller within ten days thereof. The Seller reserves the right to charge interest on overdue accounts at the rate of two per cent per month to run from the due date for payment until receipt by the Seller of the full amount, including any such interest charged, whether or not after judgement.
  11. If customer defaults in any payment under this or any other contract with the Company, or ceases business, or stops payment to or makes any composition or arrangement with creditors, or suffers any distress or execution or commits any act of bankruptcy, or an order or resolution for winding up is made, then the Company may deem the customer to have repudiated this contract and recover money due and damages for such repudiation without prejudice to other remedies.
  12. The Company shall not be liable for any damages, loss or expense (subject always to the provisions of the Unfair Contract Terms Act 1977 as to consumer sales) caused to the customer by circumstances beyond the Company’s control (including weather, industrial action, shortages of labour or materials or faulty of contractors, sub-contractors, or others not in the direct employment of the Company). Unless otherwise expressly agreed in writing the Company shall not be liable for consequential damage, loss or expense, howsoever caused.
  13. The goods supplied hereunder are warranted to be within normal limits of industrial quality. All other warranties or conditions as to quantity or description (statutory or otherwise) are excluded. Our liability for breach of this warranty (or for any other claim based on any defect in the goods) shall not exceed the replacement of goods shown to be defective or, at our option, reimbursement of the price received by us for the goods. In respect of any goods or products supplied by us but manufactured by other firms, and warranties or guarantees given to us by such manufacturers or suppliers will, so far as we are able, be passed to the benefit of the Purchaser.
  14. The supply of goods hereunder shall not confer any right upon the Purchaser to use any of our trade marks without our prior written consent and at all times such trademarks shall remain our property. Nor does it imply any right to use any patent which we may have or any indemnity against infringement of third party patents.
  15. The Purchaser shall not assign transfer or purport to assign or transfer the contract to which these conditions relate or the benefit thereof to any person whatsoever.