BETWEEN THE
PURCHASER AND G.J. JOHNSON & SONS LTD.
1) Acceptance of orders. The receipt by G.J. Johnson & Sons Ltd. of
an order shall be deemed to be acceptance of the following Terms and
Conditions. These Terms and Conditions shall prevail to the
exclusion of any Terms and Conditions of the Purchaser, expressed or
implied, which conflict with these Terms and Conditions.
2) Exclusion of Consequential Losses. Liability is excluded in
respect of any loss or damage, however caused and irrespective of
the fundamental nature of any obligation breached or of the
fundamental nature or effect of any default in the following
instances:-
I) Any loss of profit or loss of use, whether suffered by the
Purchaser or any other party.
II) Any consequential loss or damage.
3) Set Terms. Accounts are strictly net and are due for payment on
or before the end of the month following the month of invoice (i.e.
payment should be received by the end of September for goods
Invoiced in August). Should any account become overdue for payment,
then G.J. Johnson & Sons Ltd. reserve the right to, with immediate
effect, withdraw the privilege of a credit facility and seek payment
of all moneys owing to G.J. Johnson & Sons Ltd.
4) Ownership. Goods sold by G.J. Johnson & Sons Ltd. remain the
property of the said company, until moneys in payment in full for
these goods, are cleared by our bankers.
5) Quotations. The detail of all quotations, whether in writing or
not, made by G.J. Johnson & Sons Ltd., will be held firm for a
period of 30 days. Delivery dates given are accurate as at the date
of quotation, but these dates may vary due to stock movement and
manufacturers subsequent commitments.
6) Guarantee. All goods supplied by G.J. Johnson & Sons Ltd. are
guaranteed for a period of 12 months from date of despatch.
Defective goods will be replaced free of charge within that period,
if they are found to be of faulty design, workmanship or material.
7) Cancellation of Orders. Orders cannot be cancelled without the
agreement of G.J. Johnson & Sons Ltd. G.J. Johnson & Sons Ltd.
reserve the right to render cancellation charges if deemed justified
by G.J. Johnson & Sons Ltd.
8) Returns. Goods supplied cannot be returned for credit or
exchanged, without the original paperwork and the written permission
of G.J. Johnson & Sons Ltd. A credit will be allowed, subject to a
minimum handling charge, provided that the goods are fit for re-sale
following examination by G.J. Johnson & Sons Ltd. Specially
manufactured goods will not be accepted for credit.
9) Claims. Claims for goods damaged in transit or for shortages in
delivery, must be made in writing to G.J. Johnson & Sons Ltd. within
three days of delivery. Where goods are accepted without being
checked, the delivery note should be endorsed, "Not examined or
counted". Packages arriving in a damaged condition should be signed
for as, "Damaged".
10) Non-delivery. In the event of non-delivery, G.J. Johnson & Sons
Ltd. must be notified in writing within 7 days of despatch. The
carriers will not admit claims in their statutory Terms and
Conditions of Carriage, unless they are notified within the correct
time.
11) Unsolicited Invoices. G.J. Johnson & Sons Ltd. cannot be
responsible for the payment of any Invoice, unless a Purchase Order,
signed by a responsible member of staff of G.J. Johnson & Sons Ltd.,
has been issued for the goods or services shown on that Invoice.
12) Legal Construction. The contract shall in all respects be
construed and operate as an English contract in conformity with
English law. It will be subject to the exclusive jurisdiction of the
English Courts.
