Terms and Conditions
CONDITIONS OF SALE
In these Conditions of Sale, JFA Ltd. is called ‘The Company’ and any other party to a contract for goods or services supplied by the Company is called ‘The Buyer’. The conditions of Sale shall form the basis of any contract between the Company and the Buyer and any variations of these conditions in any document of the buyer are inapplicable unless accepted in writing by the Company. The conditions of sale shall not be amended or modified except by an instruction in writing signed by a director of the Company. These conditions shall apply to all contracts for the sale of goods by the Company to the Customer to the exclusion of all other terms and conditions including any terms or conditions which the customer may purport to apply under any purchase order confirmation of order or similar document. All orders for goods shall be deemed to be an offer by the customer to purchase goods pursuant to these conditions. Acceptance of the delivery of the goods shall be deemed conclusive evidence of the customer's acceptance of these conditions.
2. Acceptance of Goods
The Customer shall be deemed to have accepted goods 72 hours after delivery to the customer. After acceptance the customer shall not be entitled to reject goods which are not in accordance with the contract.
If the buyer does not already have a credit account with the company, payment should accompany the order to avoid delay in despatching goods; if a credit account is desired, bank and trade references should be forwarded and a few days allowed for necessary enquiries.
4. Price and Carriage
Goods will be invoiced at the price agreed at acceptance of order. The Company reserves the right to alter or withdraw its price lists at any time without prior notice. VAT will be charged separately on the net invoice price. Carriage will be charged at cost unless otherwise agreed in advance with the customer. The company reserves the right to alter or withdraw its price lists at any time without prior notice. Packaging and carriage are in addition to prices quoted.
The company's invoice shall follow dispatch of goods and shall be settled within credit terms .On failure to meet credit terms agreed, the Company may immediately discontinue supplies until settlement of account in full.
6. Delivery and Consequential Damage
Delivery dates are given in good faith and every effort shall be made to comply with such dates. But time shall not be of the essence as far as delivery is concerned. Therefore the company shall not be liable for any loss or damage howsoever caused by any delay in delivery completion or performance of any contract and any time
The Buyer undertakes to examine the goods immediately upon delivery.
8. Risk and Title
When goods despatched to buyer by JFA Ltd or by JFA Ltd's appointed carrier then risk to the goods shall pass to the buyer on buyers acceptance of delivery.
When shipment or part shipment arranged by buyer then risk to the goods shall pass to the buyer on delivery to buyer's first carrier.
Title to the goods shall pass to the buyer on payment in full.
9. Use of Goods
The Buyer must satisfy himself that any goods ordered by him are suitable for his purposes. The Company will not accept responsibility for any damage or loss directly or indirectly arising as a result of advise or recommendation given by the Company's representatives or employees.
10. Return of Goods
Where the customer rejects any goods then the customer shall have no further rights whatever in respect of the supply to the customer of such goods or the failure by the company to supply goods which conform to the contract of sale.
Where the customer accepts or has been deemed to have accepted any goods then the company shall have no liability whatever to the customer in respect of those goods.
The company shall not be liable to the customer for late delivery or short delivery of the goods.
No goods will be accepted by the Company for credit, replacement or repair unless previously agreed in writing. Credit will be considered on the grounds of damage in transit, or dispatch error.
Credit will not be allowed on products which are: not returned in their original packaging, returned in soiled containers, damaged by smoke, fire or water.
The Company reserves the right to levy a handling charge in respect of returned goods.
Invoice numbers must be quoted when returning goods.
11. Force Majeure
The Company assumes no responsibility for any delay in the performance of any contract by reason or consequence of any matter or thing outside its control. Including but not limited to labor troubles, civil commotion, acts of war, natural catastrophe, force majeure or the like. The contract shall be suspended during such delay.
Normal terms of payment are net 30 days from date of invoice and will be enforced vigorously.