Terms and Conditions of Sale
For the purposes of these conditions the “Company” refers to "Kerry Johns Ltd" unless otherwise stated by the Company in writing, the Company’s General Conditions of Sale is as follows;
All quotations are made and all orders are accepted subject to the following terms and conditions, and no addition or variation shall be made or apply, unless agreed in writing by the parties.
The Company reserves the right to accept or refuse orders. The Company also reserves the right (without prejudice to any other remedy) to cancel any uncompleted order or to suspend delivery in the event of any of the Customer’s commitments with the Company not being met, or if it is the opinion of the Company that the commitments of the Company will not be met by the Customer. With regard to orders for goods not stocked by the Company, which are therefore made or procured for the Customer, the Company cannot accept cancellation or return of the goods. Clause 9 (Returned goods) does not apply.
3. Validity of Quotations
The Company reserves the right to refuse the Customers acceptance of any quotation, if the Customer attempts to exclude or vary the general conditions of sale unless otherwise agreed in writing.
4. Acceptance of Quotations
The acceptance of a quotation by the Customer must be accompanied by the indicated information given in the quotation, for the Company to be able to proceed with the order forthwith. Any alterations to the specified information given in the quotation will leave the Company at liberty to amend the quoted prices to cover any increases in costs.
5. Catalogues and Price Lists
Catalogues, price lists or any other advertising matter, will only be an indication of the type of goods offered for sale, and none of the information contained will be binding on the Company. Prices quoted are subject to alteration or withdrawal without prior notice.
All quotations and orders for the general range of products are subject to the relevant prices and discounts ruling at the date of dispatch. Prices are based on the costs of material, labour, transport and of conforming to statutory obligations ruling at the date of tender, and if between that date and the date of dispatch, variations shall occur in these costs the Company may amend prices accordingly.
7. Specially Manufactured Goods
Any goods needing manufacture to the Customers individual requirement must be accompanied by detailed plans with exact specifications. No responsibility will be accepted by the Company for specially manufactured goods that match the Customer’s specifications, but are rejected upon completion. The Company holds the right to exact payment in full for these completed goods.
Unless otherwise agreed in writing, goods rejected by the Customer as not complying with the contract must be rejected within 7 days of receipt by the Customer.
9. Returned Goods
Goods supplied in accordance with the contract cannot be returned without the prior written consent of the Company. In such event, the Company reserves the right to make a charge of 25% of the original quotation, to cover its costs and overheads.
All prices quoted are GBP Sterling, Ex-works. The Company will arrange shipping on behalf of the customer subject to agreed shipping costs and delivery times.
If by reason of instruction or lack of instruction from the Customer the agreed dispatch of the goods is delayed by more than 7 days after the Customer has been notified the goods are ready for dispatch, the property of the goods shall pass to the Customer who shall take delivery or arrange for storage and for the purposes of Clause 13 (Payment) the goods shall have been deemed to be delivered. If and for so long as the Company’s storage facilities allow the Company may store the goods and the Customer shall pay a reasonable charge therefore.
The Company reserves the right to decide upon the method of transport. The Customer must sign for receipt of goods, to obtain any rights as to any following complaint. Goods received, which appear to be damaged, must be acknowledged by the signatory. Any non-delivery must be advised by the Customer to the Company within 24 hours for the Company to investigate.
Unless otherwise agreed in writing payment is due prior to dispatch of goods.
The Company reserves the right, without prejudice to any other right, to make a charge against any referred or dishonoured cheque.
If the price of the goods is not paid in full by the due date, all other sums owing or incurred by the Customer to the Company but not already due for payment shall thereupon become due and immediately payable in full.
In the event any amount payable is overdue, the Company may, without prejudice to any other right, charge simple interest on the outstanding amount, at 4% above the then current base rate as published by the National Westminster Bank PLC. The Company reserves the right to suspend the supply of goods to any Customer out of terms.
14. Passing of Risk and Title
From the time of delivery the goods shall be at the risk of the Customer who shall be solely responsible for their custody and maintenance but unless agreed in writing the goods shall remain the property of the Company until all payments under the contract have been made unconditionally and in full. Whilst the ownership of the Company continues, the Customer shall keep the goods separate and identifiable from all other goods in its possession as bailee for the Company.
15. Defects After Delivery
In respect of goods not of the Company’s manufacture, the Customer is entitled only to the benefits as the Company may receive under any guarantee given to it in respect thereof. The Company’s liability here shall be in lieu of any warranty or condition implied by law as to the quality or fitness for any particular purpose of the goods, and save as provided in this clause the Company shall not be under any liability, whether in contract, tort or otherwise, in respect of defects in goods delivered or for any damage or loss resulting from such defects or from any work done in connection therewith. Provided however that nothing resulting in this clause shall operate to exclude any warranty or condition implied by law as to the quality of the goods when sold by the Customer or when sold by any persons to whom the Customer may sell the goods shall become the subject of a consumer sale as defined in the Sale of Goods Act, 1979, or any statutory re-enactment or modification thereof, except to the extent that any claim under such warranty or condition shall have arisen from any act or omission by the Customer or by any other person or persons selling the goods by way of a consumer sale.
16. Force Majeure
The Company will not be held responsible for failure of any contract due to: War, Civil Disturbance, Strikes, Fire, Lock Out, Flood and Parliamentary Statutes or other rules issued by any Government Department and any other cause beyond the Company’s control.
17. Health and Safety at Work
All goods are sold with the understanding that the Customer is fully aware of the requirement and provision of the above contract. The Company will take the utmost care to ensure that all goods offered for sale comply with the above act, when used correctly, and will not accept any liability in the event of misuse or miss-installation by the Customer or his agent.
28. Change of Conditions
The Company reserves the right to alter or amend the General Conditions of Sale without warning or prior notification.