TERMS AND CONDITIONS FOR THE
Application of Conditions
The Seller shall sell and the Buyer shall
purchase the Goods in accordance with any quotation or offer of the Seller
which is accepted by the Buyer, or any order of the Buyer which is
accepted by the Seller.
These Conditions shall govern the
Contract to the exclusion of any other terms and conditions subject to
which any such quotation is accepted or purported to be accepted, or any
such order is made or purported to be made, by the Buyer.
In these Conditions:-
means any day other than a Saturday, Sunday or bank holiday;
means the person who accepts a quotation or offer of the Seller for
the sale of the Goods or whose order for the Goods is accepted by the
means any day of the year;
means the contract for the purchase and sale of the Goods under
means the standard terms and
conditions of sale set out in
this document and (unless the context otherwise requires) includes
any special terms and conditions agreed in writing between the Buyer and
means the date on which the Goods are
to be delivered as
stipulated in the Buyer's order and accepted by the Seller;
any and all monies paid by the buyer to JMC
Restorations Ltd in advance of the delivery date of the goods.
means the goods (including any instalment of the goods or any parts
for them) which the Seller is to supply in accordance with these
means a calendar month;
means JMC Classics Limited, a company
under JMC Classics Limited
includes any communications effected by telex, facsimile
transmission, electronic mail or any comparable means.
Any reference in these Conditions to a
statute or a provision of a statute shall be construed as a reference to
that statute or provision as amended, re-enacted or extended at the
The headings in these Conditions are for
convenience only and shall not affect their interpretation.
The Seller's employees or agents are not
authorised to make any representations concerning the Goods unless
confirmed by the Seller in writing. In
entering into the Contract the Buyer acknowledges that it does not rely
on, and waives any claim for breach of, any such representations which are
not so confirmed.
No variation to these Conditions shall be
binding unless agreed in writing between the authorised representatives of
the Buyer and the Seller.
Sales literature, price lists and other
documents issued by the Seller in relation to the Goods are subject to
alteration without notice and do not constitute offers to sell the Goods
which are capable of acceptance. An
order placed by the Buyer may not be withdrawn cancelled or altered prior
to acceptance by the Seller and no contract for the sale of the Goods
shall be binding on the Seller unless the Seller has issued a quotation
which is expressed to be an offer to sell the goods or has accepted an
order placed by the Buyer by whichever is the earlier of:-
the Seller's written acceptance;
delivery of the Goods; or
the Seller's invoice.
Any typographical, clerical or other
accidental errors or omissions in any sales literature, quotation, price
list, acceptance of offer, invoice or other document or information issued
by the Seller shall be subject to correction without any liability on the
part of the Seller.
Orders and Specifications
No order submitted by the Buyer shall be
deemed to be accepted by the Seller unless and until confirmed in writing
by the Seller's authorised representative.
The specification for the Goods shall be
those set out in the Seller's sales documentation unless varied expressly
in the Buyer's order (if accepted by the Seller).
The Goods will only be supplied in the minimum units (or multiples)
stated in the Seller's price list or in multiples of the sales outer as
specified. Orders received for
quantities other than these will be adjusted accordingly, illustrations,
photographs or descriptions whether in catalogues, brochures, price lists
or other documents issued by the Seller are intended as a guide only and
shall not be binding on the Seller.
The Seller reserves the right to make any
changes in the specification of the Goods which are required to conform
with any applicable safety or other statutory or regulatory requirements
or, where the Goods are to be supplied to the Seller's specification,
which do not materially affect their quality or performance.
No order which has been accepted by the
Seller may be cancelled by the Buyer except with the agreement in writing
of the Seller on the terms that the Buyer shall indemnify the Seller in
full against all loss (including loss of profit), costs (including the
cost of all labour and materials used), damages, charges and expenses
incurred by the Seller as a result of cancellation.
The price of the Goods shall be the price
listed in written contract between the buyer and the seller current at the
date of acceptance of the Buyer's order or such other price as may be
agreed in writing by the Seller and the Buyer.
Where the Seller has quoted a price for
the Goods other than in accordance with the Seller's published price list
the price quoted shall be valid for 30 days only or such lesser time as
the Seller may specify.
The Seller reserves the right, by giving
notice to the Buyer at any time before delivery, to increase the price of
the Goods to reflect any increase in the cost to the Seller which is due
to any factor beyond the control of the Seller (such as, without
limitation, any foreign exchange fluctuation currency regulation,
alteration of duties, significant increase in the costs of labour,
materials or other costs of manufacture), any change in delivery dates,
quantities or specifications for the Goods which is requested by the
Buyer, or any delay caused by any instructions of the Buyer or failure of
the Buyer to give the Seller adequate information or instructions.
Except as otherwise stated under the
terms of any quotation or in any price list of the Seller, and unless
otherwise agreed in writing between the Buyer and the Seller, all prices
are excluding the Seller's charges for packaging and transport.
The price is exclusive of any applicable
value added tax excise, sales or taxes or levies of a similar nature which
are imposed or charged by any competent fiscal authority in respect of the
Goods, which the Buyer shall be additionally liable to pay to the Seller.
Subject to any special terms agreed in
writing between the Buyer and the Seller, the Seller shall invoice the
Buyer for the price of the Goods on or at any time after delivery of the
Goods, unless the Goods are to be collected by the Buyer or the Buyer
wrongfully fails to take delivery of the Goods, in which event the Seller
shall be entitled to invoice the Buyer for the price at any time after the
Seller has notified the Buyer that the Goods are ready for collection or
(as the case may be) the Seller has tendered delivery of the Goods.
The Buyer shall pay the price of the
Goods (less any discount or credit allowed by the Seller, but without any
other deduction credit or set off) within seven days of the date of the
Seller's invoice or otherwise in accordance with such credit term as may
have been agreed in writing between the Buyer and the Seller in respect of
the Contract. Payment shall be
made on the due date notwithstanding that delivery may not have taken
place and/or that the property in the Goods has not passed to the Buyer.
The time for the payment of the price shall be of the essence of
the Contract. Receipts for
payment will be issued only upon request.
All payments shall be made to the Seller
in Pounds Sterling at its office as indicated on the form of acceptance or
invoice issued by the Seller.
and all monies paid in respect of goods and services provided by JMC Classics
Ltd will be offset against the final invoice total of such goods and services.
Forfeiture of Deposit
the event of the buyer being unable to complete the transaction as agreed
with JMC Classics Ltd (whether verbally or in writing) the buyer shall
forfeit in full any deposit(s) paid in respect of work carried out to the
cancellation of the order. Notice of cancellation to be given in writing
by the buyer.
Delivery of the Goods shall be made by
the Seller delivering the Goods to the place in the United Kingdom
specified in the Buyer's order and/or the Seller's acceptance as the
location to which the Goods are to be delivered by the Seller or, if no
place of delivery is so specified, by the Buyer collecting the Goods at
the Seller's premises at any time after the Seller has notified the Buyer
that the Goods are ready for collection.
The Delivery Date is approximate only and
time for delivery shall not be of the essence unless previously agreed by
the Seller in writing. The
Goods may be delivered by the Seller in advance of the Delivery Date upon
giving reasonable notice to the Buyer.
Where the Goods are to be delivered in
instalments, each delivery shall constitute a separate contract and
failure by the Seller to deliver any one or more of the instalments in
accordance with these Conditions or any claim by the Buyer in respect of
any one or more instalments shall not entitle the Buyer to treat the
Contract as a whole as repudiated.
If the Buyer fails to take delivery of
the Goods or any part of them on the Delivery Date and/or fails to provide
any instructions, documents, licences, consents or authorisations required
to enable the Goods to be delivered on that date, the Seller shall be
entitled upon given written notice to the Buyer to store or arrange for
the storage of the Goods and then notwithstanding the provision of
Condition 10.1 of these Conditions risk in the Goods shall pass to the
Buyer, delivery shall be deemed to have taken place and the Buyer shall
pay to the Seller all costs and expenses including storage and insurance
charges arising from such failure.
Risk and Property
Risk of damage to or loss of the Goods
shall pass to the Buyer on delivery.
Notwithstanding delivery and the passing
of risk in the Goods, or any other provision of these Conditions, the
property in the Goods shall not pass to the Buyer until the Seller has
received in cash or cleared funds payment in full of the price of the
Goods and all other goods agreed to be sold by the Seller to the Buyer for
which payment is then due.
The Seller may assign the Contract or any
part of it to any person, firm or company.
The Buyer shall not be entitled to assign
the Contract or any part of it without the prior written consent of the
Right to Return the Goods and to Receive
If the Buyer is not satisfied with any
Goods purchased from the Seller, the Buyer may cancel the Contract and
return the Goods to the Seller and obtain a refund of the price of the
returned Goods, provided:-
The Buyer informs the Seller of the
decision to cancel the Contract within seven Calendar Days of delivery of
the Goods; and
The Goods are returned in their original
The Goods are returned in accordance with
condition 10.3 below.
While the Goods remain in the Seller’s
possession the Seller is under a duty to ensure that the Goods are kept
safe and secure.
The following transportation charges will
If the total purchase price of the
returned Goods is less than £150.00 the charge payable by the Buyer for
the return is £75.00.
If the total purchase price of the
returned Goods is more than £151.00 the charge payable by the Buyer for
the return is subject to courier charges at time of return.
Seller guarantees all goods against faulty workmanship and manufacturing
defects for 12 months from the Delivery Date
Seller provides no additional guarantees.
Confidentiality, Publications and
The Buyer undertakes to the Seller that:-
the Buyer will regard as confidential the
contract and all information obtained by the Buyer relating to the
business and/or products of the Seller and will not use or disclose to any
third party such information without the Seller's prior written consent
provided that this undertaking shall not apply to information which is in
the public domain other than by reason of the Buyer's default;
the Buyer will not use or authorise or
permit any other person to use any name, trademark, house mark, emblem or
symbol which the Seller is licensed to use or which is owned by the Seller
upon any premises note paper visiting cards advertisement or other printed
matter or in any other manner whatsoever unless such use shall have been
previously authorised in writing by the Seller and (where appropriate) its
the Buyer will use all reasonable
endeavours to ensure compliance with this Condition by its employees,
servants and agents.
This Condition shall survive the
termination of the Contract.
All communications between the parties
about the Contract shall be in writing and delivered by hand or sent by
pre-paid first class post or sent by fax or sent by electronic mail:
(in case of communications to the Seller)
to its registered office or such changed address as shall be notified to
the Buyer by the Seller; or
(in the case of the communications to the
Buyer) to the registered office of the addressee (if it is a company) or
(in any other case) to any address of the Buyer set out in any document
which forms part of the Contract or such other address as shall be
notified to the Seller by the Buyer.
Communications shall be deemed to have
if sent by pre-paid first class post, two
Business Days after posting (exclusive of the day of posting); or
if delivered by hand, on the day of
if sent by fax or electronic mail on a
Business Day prior to 4.00 pm, at the time of transmission and otherwise
on the next Business Day.
Communications addressed to the Seller
shall be marked for the attention of Office Co-ordinator.
14. Force Majeure
In the event that either party is
prevented from fulfilling its obligations under this Agreement by reason
of any supervening event beyond its control including but not limited to
war, national emergency, flood, earthquake, strike or lockout (subject to
Sub-clause 14.2) the party shall not be deemed to be in breach of its
obligations under this Agreement. The party shall immediately give notice
of this to the other party and must take all reasonable steps to resume
performance of its obligations.
Sub-clause 14.1 shall not apply with
respect to strikes and lockouts where such action has been induced by the
party so incapacitated.
Each party shall be liable to pay to the
other damages for any breach of this Agreement and all expenses and costs
incurred by that party in enforcing its rights under this Agreement.
If and when the period of such incapacity
exceeds six months then this Agreement shall automatically terminate
unless the parties first agree otherwise in writing.
by the Seller of any breach of the Contract by the Buyer shall be
considered as a waiver of any subsequent breach of the same or any other
provision of these Conditions is held by any competent authority to be
invalid or unenforceable in whole or in part the validity of the other
provisions of these Conditions and the remainder of the provision in
question shall not be affected thereby.
Third Party Rights
who is not a party to the Contract shall have no rights under the Contract
pursuant to the Contracts (Rights of Third Parties) Act 1999.
provisions of these Terms and Conditions are in addition to and do not
affect the Buyer’s statutory rights as a consumer.
Governing Law and Jurisdiction
Contract shall be governed by the laws of
and the parties submit to the exclusive jurisdiction of the English and