Terms & Conditions of Sale

J+J Automation UK Ltd

STANDARD TERMS AND CONDITIONS OF SALE.

These terms and conditions apply to and are deemed to be incorporated in ALL orders, contracts, quotations and tenders for the supply, sale and hire of goods or services by J+J Automation UK Ltd (us) and any customer unless otherwise expressly agreed in writing prior to contract by us and the customer. All business is conducted under English law. These terms and conditions shall supersede any terms and conditions howsoever worded, contained in any customer’s order unless otherwise agreed in writing by us and the customer prior to our acceptance of the customer’s order.

QUOTATIONS: Quotations or offers are made upon the basis of the cost of providing the goods and/ or services being offered at the time the offer is made and are subject to withdrawal without notice. Errors or omissions, typing or printing mistakes are subject to subsequent correction. Prices ruling will be those at date of despatch unless otherwise agreed by us in writing prior to acceptance of any order. Offers are valid for acceptance within the 30 days following the date of the offer, or such period agreed in writing by us, thereafter are subject to confirmation.

SUITABILITY: All quotations offered and sales made are conditional that although the goods supplied are of sound commercial quality, no liability of any kind, howsoever interpreted as to their suitability, will be accepted by us and it is entirely the buyer's responsibility to ensure compatibility of the goods or services offered with their intended duty. Any illustrations, drawings, data sheets or descriptions given in catalogues, brochures, on the Company's web site or similar, or verbally by one of our representatives are provided only to give an approximate picture or description of the article concerned and do not form in any way the basis of any contractual liability and no warranty or condition that the article shall accord with such illustration, drawing or verbal representation is to be implied and any warranty or condition capable of arising is hereby expressly excluded. All drawings, data sheets and information unless otherwise stated are uncontrolled copies and not subject to automatic updates, and are subject to alteration without notice.

GUARANTEE: We undertake to replace any parts or equipment which can be proven to have failed due to defective materials or workmanship within 12 calendar months of despatch date conditional that the article has been operated in accordance with any Installation, Operation and Maintenance Instructions issued with the article, or with good general engineering practice if none were issued, and that items have not been disassembled, self-repaired, incorrectly reassembled, suffered damage caused by shocks or mal-operation or used in circumstances outside its specifications or working practices. No liability of any kind howsoever interpreted, directly or indirectly, for loss or damage of any kind arising from or attributable to the failure of any such article will be accepted by us. Third party claims will not be accepted under any circumstances. Our liability is limited to the supply ofreplacement items, free of charge, ex our UK warehouse. We reserve the right however, to make good-will gestures at our discretion.

Where a customer has failed to maintian his credit account (where applicable) within our terms, any guarantee will be suspended for and until the payments have been brought in line, and that this suspension will NOT prolong the guarantee by the length of the delayed payment.

DELIVERY: Dates quoted for delivery are approximate only and in this respect shall never be the essence of any contract entered into by us. We will deliver within a reasonable time of the delivery date quoted subject to all surrounding circumstances. In the case of Proforma Invoices, the delivery time quoted starts from the date of receipt of cleared funds and not from the date of the buyer's purchase order. No liability of any kind howsoever interpreted ill be accepted by us for any loss or delays caused by fire, flood, strike, picket, lock-out, war, act of God or any other cause beyond our direct control.

TITLE OF GOODS:

1. The risk in the goods passes to the customer on delivery or collection
2. Until full payment has been received by us for all goods and services howsoever supplied to the customer;
2a. Property in the goods remains with us
2b. Should the goods or any of them be converted into a new product by the customer whether or not such conversion involves the admixture of any other goods or thing whatsoever and in whatever proportions, the conversion shall be deemed to have been effected on behalf of us and we shall have the full legal and beneficial ownership of the new product
2c. subject to d) and e) below the customer shall be at liberty to sell the goods and new product(s) referred to in 2b) above in the ordinary course of business on the basis that any proceeds of the sale of the new product(s) shall belong to us and the customer shall account on demand.
2d. We may at any time revoke the customer’s power of sale by notice in writing to the customer if the customer is in default for longer than seven days in the payment of any sum whatsoever and howsoever due to us, or if we have bona fide doubts as to the solvency of the customer.
2e. The customer’s power of sale shall automatically and immediately cease if a receiver is appointed over any of the assets of the undertaking of the customer or a winding up order is made against the customer or the customer goes into voluntary liquidation (otherwise for the purpose of reconstruction or amalgamation) or calls a meeting of creditors or commits an act of bankruptcy.
2f. Upon determination of the customer’s power of sale under the above clause the customer shall place all goods supplied, and any new products, at our disposal and we shall be legally entitled to enter the customer’s premises, or the customers sub-contractors or customer’s customer’s premises for the purpose of removing such goods and new products from the premises including severance from the reality where necessary.

CARRIAGE & PACKAGING: Charges for the packing and subsequent carriage and or freight as requested by the customer will be charged by us at rates determined by us from time to time unless expressly agreed by us in writing prior to contract. This shall apply to all goods despatched by us.

EXAMINATION OF GOODS: Goods must be examined immediately upon arrival and any loss or damage notified to both ourselves and the carrier of said goods (if applicable), in writing, within 48 hours of the delivery time otherwise no claim will be entertained. Similarly, any rejection of goods supplied by us on any other grounds must be notified to us in writing within 14 days of delivery otherwise no claim will be entertained.

PAYMENT: Credit accounts can only be opened at our discretion following whatever credit reference methods we deem necessary, otherwise full payment must be received before delivery to the customer. Credit accounts are only available to UK based customers. Credit account sales are due for payment within 30 days from the month end of invoice, and we reserve the right to charge interest on all overdue accounts. Non adherence to our payment terms will result in the withdrawal of credit facilities. Invoice queries received in writing from the customer later than fourteen days from posting date from us will not be entertained and invoiced amounts will stand. We reserve the right to offer prompt settlement discounts when applicable. We reserve the right to ask for payment by cash, electronic funds transfer, irrevocable letter of credit or bankers draft.

PROFORMA INVOICES:

Goods to be supplied via a Proforma Invoice will only be shipped following receipt of cleared funds. Delivery times quoted for Proforma Invoice orders are quoted after receipt of payment.

Under certain circumstances a Proforma Invoice order can be put into production ahead of payment to shorten the delivery time following payment, but under these circumstances the order is non-cancellable.

CANCELLATIONS:

We reserve the right to charging a 50% cancellation fee, and any non-stocked or non-standard items ordered by us for customer orders can not be cancelled except under exceptional circumstances and in these cases, only with and subject to full agreement with our supplier(s).

RETURNS POLICY: Goods can not be returned to us without our prior consent and we reserve the right to a 50% restocking charge on all returns, except in the event of an error on our part. Any non-stocked or non-standard items ordered by us for customer orders can not be cancelled except under exceptional circumstances and in these cases, only with and subject to full agreement with our supplier(s).

Goods 'incorrectly ordered' or 'surplus to requirements' can only be returned within 14 days from date of shipping but only with our prior consent, and all returned goods conditions listed under this section apply .

We do not accept Debit Notes. Goods returned that do not comply with our returns policy will not be accepted back and no credit will be issued.

Credit will only be issued providing that the returned items are in prime, new, unused, resaleable condition. If the returned items are not in this condition, we will not accept them back and no credit will be issued. Accepted items are returned to our stock for resale - it follows that if they are not in prime condition when returned, we are unable to re-sell them as new, hence our refusal to offer credit on them.

Returned items where applicable, will be inspected by us and a report issued advising our conclusions. Disposal (return to client, rework & return, or scrap) of the actuators must be confirmed to us by the client as any items, for which these instructions have not been received within 8 weeks of our report, will be scrapped.

REPLACEMENTS FOR 'FAILED' ACTUATORS: In these circumstances the replacement actuator must be ordered using an official Purchase Order and the actuator despatched will be invoiced. Upon receipt, inspection and testing by us on the returned 'failed' actuator, the invoice for the replacement actuator will be payable should the cause of the 'failure' be customer generated (incorrect installation or operation, for example), or credited in full should the cause be due to faulty materials or workmanship.
Where a replacement is ordered and the returned actuator works, the returned actuator can be collected but the replacement is not returnable (unless it has not been used and meets the conditions in the 'Returns Policy' above) and it's invoice payable.

SITE VISITS: Our products are fully supported in the UK and Ireland and manufacturer's representatives can attend site to assist with 'problems', however a call out charge is made and travelling and subsistence expenses are recoverable if the cause is proven to be 'user/ customer generated' due to non-adherence to supplied Installation, Operation and Maintenance Instructions, or other instructions supplied with the goods, or non adherence to good engineering practice where no instructions were issued. Representatives will attend site only after an order number is received by us for the site visit to cover these charges. Should the cause be deemed to be due to faulty materials or workmanship on our products, no charge will be made. Our charges cover per day or part day plus a mileage charge for the round trip, + overnight accommodation and subsistence should an overnight stay be required.

UK HEALTH & SAFETY ACT 1974: There are innumerable cases when goods are ordered from us without reference to their intended use and whilst the products we supply are generally to an international standard, it is entirely the customers responsibility to ensure the suitability and compatibility of their intended use. In the case of products requiring electrical connection we insist that only qualified electrician be used to make any electrical connections. Good engineering practice and common sense must prevail at all times.

Rev7.10-09

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