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1 (a) Any order accepted by JA Seals Limited (hereinafter called 'The Company') shall be deemed to incorporate these terms and conditions and any terms and conditions of the buyer which are consistent with these conditions. No variation or modification of or substitution for these terms and conditions shall be binding on the Company unless specified accepted by the authorised representative of the Company in writing.
(b)If subsequently any contract of sale which is subject to these conditions a contract of sale is made with the same buyer whether by letter or by telephone or telegram e-mail or orally or otherwise without the express reference to any conditions than such a contract shall be deemed to be subject to these conditions.
2. PRICES (a) The prices shown in the Company price list and / or quotations are current prices guidance only. The contract price of the Goods are the price ruling on the date of despatch. The Company reserves the right to vary prices without notice (b) The Company reserves the right to increase quoted prices where an order is received for a quantity less than the quoted for or where delivery is required in instalments smaller than those specified in the quotation. (c) VAT and any other tax or duties payable by the buyer shall be added to the price
3. PAYMENT (a) Unless otherwise expressly stated the price for each delivery shall be paid in full and received by the Company by the last day of the following month in which the goods were invoiced. All monies outstanding will immediately become due for payment if terms are not adhered to. (b) The buyer shall not without written agreement of the Company be entitled to deduct or set off from any money pursuant here to any claim or loss or expense alleged to have been incurred by the buyer by reason of any breach or failure to observe the provision of this or any other contract to the Company nor shall the buyer be entitled to set off against any amount payable under the contract to the Company. Any monies which are not then presently payable by the Company or for which the Company disputes liability.
4. TITLE Until full payment has been received by the Company for all goods whatsoever supplied at any time by the Company to the buyer property in the goods shall remain in the Company.
5. DELIVERY (a) Whilst the Company will use its best endeavours to deliver according to the quotation, the Company shall not be liable for Any loss, injury, damage or expenses consequent upon any delay in delivery of the goods. (b) Delay due to circumstances outside the control of the Company including delays in the supply of raw materials, fuel, labour or component parts, fire, tempest, accident, strike lockout, breakdown, or failure of plant or machinery, war, civil commotion, or government restriction, difficulty or increase expense in obtaining workmen, materials or transport or other circumstances effecting the supply of goods or of raw materials therefore by the Company's normal source of supply or the manufacturer of the goods of the Company's normal route or means of delivery shall not entitle the buyer to cancel any order or refuse to accept delivery. In such circumstances the agreed date or period for delivery shall be reasonable extended. However, the Company shall have the right in such circumstances to withdraw from the contract or any other part thereof without being liable for any direct or indirect loss caused thereby and not withstanding that a previous extension of time shall have been agreed. (c) Unless otherwise agreed the goods shall be dispatched to the buyer's place of business but no reduction in price will be made if the buyer collects the goods from the Company. (d) Online deliveries will be a charged at the advertised rate once your shopping cart has been collated. Free deliveries are all indicated as the checkout procedure is taken. Delivery costs will be calculated for various products: The Full " Hygienic Cladding range including sheet products", and all advertised "Intumescent seals"These product categories WILL have a delivery cost associated with them, this is down to the nature of the goods only, this allows an accurate calculation on the cost of the goods to be delivered.
6. RETURNS (a) The company will only except returns and will offer a full refund minus any carriage costs if: The goods are returned at the buyers cost within 45 days, in the exact condition they were sent out in. (b) All returned goods are inspected on receipt and will be subject to a full inspection to ensure they are not damaged and can be resold before refunds are allocated.
7. RISK Notwithstanding the title of the goods may not have passed the risk in the goods shall pass the buyer upon delivery. The Company shall not be liable for any damage discrepancy or shortage in the goods unless the buyer notifies both the Company and the carrier within 72 hours of the time of the delivery of the goods. In the event of total failure of the goods to reach their destination the Company shall not be liable unless the buyer notifies the Company within 14 days after the date of invoice.
8. REPLACEMENT & LIABILITY (a) The Company shall not be liable for any defects in the quality or state of the goods ore services rendered which would be apparent on the reasonable examination or for the goods being otherwise not in accordance with the contract unless the buyer shall have given the Company within 14 days of the receipt of the goods a written notice specifying the matters complained of and thereafter the Company shall have a reasonable opportunity of inspecting the goods before they have been used, worked or sold. (b) The Company shall not be liable for any defects in the quality or state of the goods which would not be apparent on the reasonable examination unless such defects shall have been discovered within 12 months after the receipt of the goods and the buyer shall have given the Company forthwith upon such discovery a written notice specifying the matters complained of and the buyer shall afford the Company the opportunity of inspecting the goods in their alleged defective state. (c) Provided that the buyer has complied with the requirements as to notice contained in these conditions then the Company will (If satisfied upon examination of the goods that they are defective) without charge to the buyer replace such goods or such parts Thereof as in the opinion of the company may be necessary and the Company will not be under any further liability to the buyer. (d) Subject as aforesaid all conditions and warranties, whether express or implied and whether arising at Common Law or by Statute and hereby expressly excluded and the Company shall not in any circumstances be liable to the buyer in respect of Consequential loss, damage or injury (death or personal injury excepted) howsoever arising.
9. BUYER REQUIREMENTS (a)Where materials are supplied to the buyer's own design specifications no warrant or guarantee is given or implied as to their suitability for the purpose for which they are to be used and no liability for failure of or error in such designs or specifications. (b)Where the Company has manufactured material/product to the buyer's order in reliance on the buyers designs, specifications, or measurements, the buyer shall be liable for the full price of such materials not withstanding that they are no longer required following any alteration in such designs and/or materials wasted through the inaccuracy or variation of such designs specifications and for the full cost of any alterations rendered necessary and/or materials wasted through the inaccuracy or variation of such designs, specifications or measurements.
10. TOOLING The Company reserves the right to treat as its own property any tooling which has not been utilised for any buyer's Business for a period of at least two years and the Company be at liberty to dispose of the same thereafter. All tooling charged on The basis of a part tooling cost remains the property of the company to be used at the buyer's request. Any modification or refurbishment to the buyer's responsibility, as invoiced by the Company.
11. PATENTS The buyer shall indemnify the Company and hold the Company indemnified against and/or loss liability claims, damages, Expenses, consequential losses and costs incurred by or made against the Company as a direct or indirect result of the carrying Out of any work required to be done on or to the goods in accordance with the requirements or specifications of the buyer involving any infringement or alleged infringement by any rights of any third party.
12. CONSUMER LEGISLATION (a) Subject as expressly provided in these conditions, and except where the goods are sold to a person dealing as a consumer (within the meaning of Unfair Contract Terms Act 1977) all warranties, conditions or other items implied by the statute or Common law are excluded to the fullest extent permitted by. (b) Where the goods are sold under a consumer transaction (as defined by the Consumer Transaction Restriction or Statement Order 1976) the Statutory rights of the buyer are not affected by these conditions. (c) The buyer shall indemnify the Company against all or any damages losses, claims, costs and expenses sustained or incurred by the Company in connection with any prosecution or civil action against the company under the Consumer Protection Act 1987 insofar as any prosecutions or civil actions may be in respect of goods supplied in accordance with buyers drawings, designs, specifications or instructions.
13. LICENCES AND CONSENTS If any License or Consent of any government or other authority shall be required for the acquisition carriage or use of the goods by the buyer, the buyer shall obtain the same as its own expense and if necessary produce forthwith evidence of the same the Company demand. Failure to do so shall not entitle the buyer to withhold or delay any payment of the purchase price. Any additional expense or surcharge incurred by the Company resulting from such a failure shall be for the buyer's account.
14. INSOLVENCY OF THE BUYER (a)This clause applies if: (i) The buyer makes ay voluntary arrangements with its creditors or becomes subject to an administration order or (being an Individual or firm) becomes bankrupt or (being a (Company) goes into liquidation (otherwise and for the purpose of bona fide amalgamation or reconstruction) or: (ii) An incumbrancer takes possession or receiver is appointed of any of the property or assets of the buyer: (iii) The buyer ceases or threatens to cease to carry on business: or (iv) The company reasonably apprehends that any of the events mentioned above is about to occur in relation to the buyer and notifies the buyer accordingly.
15. WAIVER Failure by the Company to exercise or enforce any rights hereunder shall not be deemed to be a waiver of any such right nor operate so as to bar exercise or enforcement thereof any time or times thereafter.
16. SEVERABILITY Any provisions of these conditions is held by any competent authority to be invalid or unenforceable whole or in part the validity of the other provisions of these conditions and the remainder of the provisions in question shall not be affected thereby.
17. CLAUSE HEADING Clause heading are inserted in these conditions for ease of reference only and do not form part of the contract for purpose of interpretation
18. GOVERNING LAW Any contract to which these conditions apply shall be construed and effect in all respects in accordance with English Law.
19.1 JA Seals will collect information for 2 reasons:
a. to process your order and
b. to provide you with the best possible service
19.2 By ordering through www.jaseals.co.uk you agree to our terms and conditions. Please note, we take your privacy very seriously and do not share your information with any third parties.
19.3 We will give you the chance to refuse any marketing email / communication from us in accordance with the EU General Data Protection Act 2018 and will not share your details with any third parties for marketing purposes.
19.4 We will never collect sensitive information about you without your explicit consent. The information we hold will be accurate and up to date. You can check the information that we hold about you by writing to The Data Controller, JA Seals Ltd, Unit 13, Stafford park 12, Telford, Shropshire, TF3 2BJ. If you find any inaccuracies, we will delete or correct it promptly.
19.5 The personal information which we hold will be held securely in accordance with our internal security policy and Applicable Law. If any of this information changes, you must ensure that you amend the details for us to provide you with the best possible service.
19.6 We may also record which products you are interested in and which products you purchase as well as customer traffic patterns and site use. This information will be kept securely in accordance with our internal security policy and may be used to:
a. process your order
b. provide you with an up to date, efficient and reliable service
c. help to prevent fraud i.e. we check card details with our merchant card checking facility and reserve the right to delay or refuse orders on that basis
d. provide a more tailor made shopping experience
19.7 When you place an order, we may ask you for certain information and this may result in you submitting personal data to JA Seals.co.uk (for example your name, phone number, postal address, email address and contact details). These are entirely for the purposes of efficiently processing your order and are not used for marketing purposes. During the online ordering process, you may enter your credit card details. These go directly to the acquiring bank and are not in any way processed within JA Seals systems. This is in accordance with the Payment Card Industry Data Security Standard (PCIDSS) compliance regulations.