JNB SERVICES LTD T/A OTP Building Plastics – Terms & Conditions of Business
1.1 In these Conditions of Sale ‘the company’ means JNB Services Ltd. and ‘the customer’ means the person, firm or company with whom the Company contracts.
1.2 These conditions of Sale apply to and govern any contract between the Company and the Customer to the exclusion of any other conditions contained on, or in any letter order form, receipt or similar document emanating from the Customer. No variation of these Conditions of Sale shall be effective unless expressly agreed by the Company in writing.
1.3 All quotations are for Information only and are not to be considered as an offer by the Company. An order by a Customer shall not constitute a contract between him and the Company unless and until it has been accepted by the Company.
1.3.1 Acceptance by the Company of any order shall be on the basis that goods will be invoiced at the prices contained in the Company’s price list current at the date of despatch unless otherwise agreed in writing by the Company.
1.4 Except where otherwise stated in the contract or in the Company’s current price list all prices include the cost of packaging and delivery (but not installation). The Company reserves the right to make additional charges if the Customer requires a method of packaging or delivery different to that normally employed by the Company.
1.4.1 The Customer shall in addition to the net purchase price pay to the Company the amount of any Value Added Tax or other sales tax at the rate in force at the time the goods are invoiced.
- Orders & Specifications
2.1 The Buyer shall be responsible to the seller for ensuring the accuracy of the terms of any order – including any applicable specification – submitted by the buyer and for giving the seller any necessary information relating to the goods within a sufficient time to enable the seller to perform the contract in accordance with its term.
2.2 The quantity, quality and description of any speciation for the goods shall be those set out in the Sellers quotation – if accepted by the buyer – or the Buyers orders – if accepted by the seller.
2.2.1. The seller reserves the right to make any changes in the speciation for the goods which are required to comply with any applicable statutory or EC requirements – where the goods are to be supplied to the Sellers specifications which do not materially affect their quality or performance.
2.2.2. No order which has been accepted by the Seller may be cancelled by the buyer accept with the agreement in writing of the Seller and on 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.
- Terms of Payment
3.1 In the event of late payment the Company reserves the right to suspend all deliveries of goods under contract until such payment has been made in full.
3.2 In the event of the Customer postponing delivery or requesting that the Company suspend manufacture of the goods, or failing to give the Company sufficient information to enable it to process any order the Customer shall pay any additional costs and expenses thereby incurred by the Company.
3.3 No discount shall be allowed unless expressly agreed in writing by the Company. If the Customer shall not make payment of any sum due to the Company under the terms hereof or the terms of the agreement on or before the day the same shall be due and payable interest thereon shall accrue and be payable by the Customer to the Company from the said day at the rate of 6% above Barclays Bank Plc Base Lending Rate for the time being in force such interest shall be a debt due to the Company and recoverable as liquidated damages. All costs (of whatever nature) incurred by the Company in recovering sums due from the Customer (before or subject to the decision of the Court – after the commencement of any Legal Proceedings) shall be paid to the Company by the Customer
- Illustrations and Dimensions
4.1 All information and illustrations contained in brochures, catalogues, price lists, trade literature and advertising material produced by the Company are approximate only, intended to indicate only the general character of the goods and do not form part of any contract between the Company and the Customer
4.2 The dimensions of goods are subject to the manufacturing tolerance of the Company. Dimensions contained in quotations, acknowledgements of orders, or catalogues, price lists, advertising matter and other trade literature are therefore approximate only.
5.1 Delivery shall be to such places within the United Kingdom as is specified by the Customer in the delivery instructions contained in his order or failing such instructions, at the Company’s premises. The Customer shall be responsible for unloading the goods at the point of delivery and for loading and removal if the goods are collected by the Customer or his carrier from the Company’s premises.
5.2 While the Company will use its best endeavours to comply with any delivery date, it cannot be responsible for any loss or damage whatsoever, caused by late delivery
5.3 The Company reserves the right to delivery and to require the Customer to accept delivery of the goods up to maximum of 7 days prior to any requested date for delivery.
5.4 If the contract provided for delivery by instalments late delivery of one instalment shall not entitle the Customer to reject any other instalment under the same contract.
5.5 If the Customer fails to take delivery at the time required by the contract the Company shall be entitled without prejudice to any others rights it may have to treat the contract as at an end and to resell the goods or to invoice the goods in which event payment shall become due in accordance with the provisions of conditions 5. In either case the Company shall be entitled to charge the Customer at rates giving an economic return for the handling and storage of the goods from the date of the Invoice to the Customer or of disposal elsewhere.
5.6 Signing the delivery company delivery note as “unchecked” or not writing on the delivery note what is damage or missing means that you have received the goods in good condition.
- Risks & Property
6.1 The risk in the goods contracted to be sold by the Company shall pass to the Customer when the goods are delivered to the Customer or when the goods are invoiced in accordance with the provisions of condition 5.5, at the time they invoiced.
6.2 Until payment in full has been made (each order being considered as a whole)
6.2.1 The property in the goods shall remain vested in the company
6.2.2 The Customer shall clearly mark or designate the goods so that they remain readily identifiable as the property of the Company and shall store them in a proper manner without charge to the Company
6.2.3 If any of the events referred to in paragraphs (9.1.1) and (9.1.2) of condition 9 occur the Company shall be entitled to recover any or all of the goods in the Customer’s possession to which the Company has title hereunder and for that purpose the Company, its servants, or agents may with such transport as is necessary enter upon any premises occupied by the Customer or to which the Customer has access and where the goods may then be situate.
6.1.5 The Customer shall have the right to resell the goods in the ordinary course of its Business and the Company shall be beneficially entitled to, and the Customer liable to account to the Company for the proceeds of resale to the extent of the extent of the debt due. Nothing in these conditions shall constitute the Customer an agent of the Company for the purposes of such sale.
6.1.6 The Company may require the Customer to assign to it absolutely any right of action in respect of monies due in respect of such proceeds of resale.
6.2 Nothing in this condition shall counter any right upon the Customer to return the goods or to refuse, or delay payment therefore and the remedies conferred on the Company are in addition to, and shall not in any way restrict or prejudice, any other rights and remedies of the Company under the Contract.
- Limitation of Liability
7.1.1 Goods may be delivered in cartons, bundles, returnable containers, lose or in other packaging. In any case where it is established to the satisfaction of the Company that the goods have been damaged or lost (whether wholly or in part) in transit the Company will, at its own cost, repair or replace same provided that
7.1.2 In the case of total loss, the Company is notified in writing within 3 days of receipt of invoice.
7.1.3 In the case of partial loss, or damage, the Customer has returned to the Company’s Representative (or where the goods have been delivered by a Carrier his representative) the Company’s receipt note duly signed by the Customer’s Representative and indicating thereon as shortage of or damage to cartons, bundles, returnable containers, loose goods or other such packages as shall make up the delivery and full particulars are notified directly to the Company in writing within 3 days of delivery.
7.1.4 In the case of damage the goods and their packing are retained by the Customer for inspection by the Company’s representative. The Company will not be liable for any loss or damage in transit, except as above.
7.1.5 Where it is established to the satisfaction of the Company that goods delivered by the Company contain at the time of receipt by the Customer some defect in quality (not being a defect caused by some act or neglect of the Customer or a third party) and the goods are returned to the Company at the Customer’s expense within 7 days of despatch to the customer, the Company will at its own cost repair or replace them (the choice being at the Company’s option).
7.1.6 In no circumstances will the Company be liable to the Customer for any loss or damage whatsoever suffered as a result of a defect in quality and any implied term, conditions or warranty or otherwise as to the quality of the goods sold, or their fitness for any particular purpose or as to their correspondence with any description or samples is hereby excluded.
7.2 No warranty or representation given by or on behalf of the Company including any advice as to the installation quantities use or performance of goods supplied by the Company shall be binding upon the Company unless specifically stated in writing by the incorporated in the Contract.
7.3 The warranty period applies from the date of purchase by the first customer and is not transferable, unless by written permission of the Company”
8. Consequential Loss
8.1 Without prejudice to the generality of the foregoing provisions the Company shall not in any event be liable to the Customer for any indirect or consequential loss, damage or expense.
- Insolvency Loss
9.1 The Company shall have the option (without prejudice to any of its other rights against the Customer) by notice in writing to the Customer to rescind the contract or to suspend delivery in the following events
9.1.1 should any sum owing by the Customer to the Company be overdue
9.1.2. should the Customer be in breach of any term of the contract with the Company
9.1.3 should the Customer enter into composition or arrangement with or for the benefit of, its creditors or having a receiving order in bankruptcy made against him or (if a body corporate) should it go into liquidation either voluntary or compulsory or under supervision or have a receiver appointed overall or any part of its assets, or in Scotland should the Customer become not our bankrupt or sequestrated, or a receiver, or judicial factor, or trustee is appointed, for any portion of the Customer’s estate or effects or suffer any arrestment charge pounding of other diligence to be issued or levied upon the Customer his estate or effects.
10.1 In the event of war, invasion or foreign enemy hostilities (whether war has been declared or not) civil war, rebellion, revolution, insurrection or military or usurped power the Company shall be relieved of liability incurred under the contract where ever and to the extent to which fulfilment of such obligations is prevented, frustrated, or impeded as a consequence of any such event or by any statutes, rules, regulations issued by any Government Department Council, or other duly constituted authority, or from strikes, lock-outs, breakdown of plant, or any other causes (whether or not of alike nature) beyond the Company’s control.
11.1 Forbearance or indulgence by the Company shown or granted to the Customer whether in respect of these Conditions of Sale or otherwise, shall not affect or prejudice the rights of the Company against the Customer or be taken as a waiver of any of these Conditions of Sale.
11.2 Any contract incorporating these Conditions of Sale shall be governed by and construed in accordance with the laws of England and the Company hereby agree to submit to the jurisdiction of the laws of England and the Company hereby agree to submit to the jurisdiction of the English Courts.
12.1 Please keep your receipt as proof of purchase, we are unable to accept returns without proof of purchase.
12.2 Products when delivered by us, in cases where an order needs to be cancelled or returned, a 30% re-stocking fee will be applied. Any return postage / carraige costs will need to be paid by the customer. We will allow the return/exchange of goods within 14 days of purchase on the understanding that they are in the same condition that they were when they were purchased with the original packaging, tags, labels and accessories.
12.2.1 If the goods have been delivered prior to us receiving notification of your wish to cancel the order, it your responsibility to return the goods to us at your expense.
12.2.2 We are under no obligation to arrange for the collection of goods to be returned, if however we agree to arrange for the return of goods we will advise of you of the cost incurred by us in doing so, and will require payment to cover these cost prior to arranging the return.
12.2.3 You must inform the office by email (email@example.com) within 3 days of delivery, of the exact quantities, products codes of claims before any returns can be authorised. No credits, refunds or replacements will be issued if the original delivery documents are not checked, clearly signed by both the customer and the OTP driver or logistics company before the delivery vehicle leaves the customers site.
12.3 Incorrectly delivered stock will be accepted for return within 14 days of receipt of delivery. All returned products must be in a re-sellable condition. We cannot accept damaged products or products with damaged packaging.
12.4 Products damaged in transit must be returned to OTP for verification within 7 days of receipt of delivery before any credits can be issued. Clear notification of the damage must be stated on the delivery documents, to help us eliminate fraudulent claims.
12.5 All products with quality issues preventing installation must be returned for examination within 14 days of receipt of delivery, so we can review and resolve any issues. Once a returned product is agreed as defective, a full refund or credit will be issued. We cannot accept damaged products or products with damaged packaging.
12.6 If the product you purchase is faulty, we may offer a repair, exchange or refund as appropriate in accordance with your consumer rights. Please contact our customer service team to arrange.
12.7 Orders which are cut, made to measure or altered to your requirements will not be exchanged or refunded
13.1 The design of this website together with any text or graphics published on it, the order in which they are arranged, and all software, software compilations and source codes and any other information or material published on this website are the copyright of JNB Services Ltd or its content and technology provider. You may electronically copy and print the content of this website or any of it but only for the purpose of placing an order for any product offered to sale on it and any other use without the prior written permission of JNB Services Ltd is strictly prohibited.
14.1 Commitment to Data Privacy Protection
14.2 Information Collected and Stored Automatically
14.2.1 Simply by accessing our website, we are in a position to automatically (i.e. not by registration) collect, through the so-called log-files, information about our website visitors (for example type of Internet browser and computer operating system used, number of visits, average time spent, most popular pages, information searched for…). You will not be personally identified from this information. 14.2.2 We may use this information and share it with our worldwide affiliates, for statistical purposes only and to improve the content of our websites.
14.3 Personal Information You Accept to Provide
14.3.1 By submitting your personal data to us, you will be treated as having given your permission for the processing of your personal data as set out in this policy. Through this website, JNB Services Ltd does not collect any personally – identifiable information about you (e.g., your name, address, telephone number or e-mail address -hereafter called “Personal Information”-), unless you voluntarily decide to provide it to us (e.g., by registration or survey). We simply use and if need be, store the Personal Information you provided to us in order to respond to requests or to process orders or applications submitted by you. The Personal Information shall not be used to provide information related to our products and services unless requested by you. We may need to share the Personal Information with our affiliates to enable them to send you the requested information, even if they are located in any other country outside the European Union and even though this country does not provide for an adequate level of protection for your Personal Information. Temporary Cookies — Information Placed Automatically on Your Computer. JNB Services Ltd may use `cookies’, or mini-files that are saved on the hard disk of the user’s PC. Cookies don’t contain any personal information, but can make it easier to use the website.
14.3.2 If you don’t want us to save cookies automatically on your PC’s hard disk, you can change your browser’s settings in order to reject these cookies automatically or in order to let you know any time we want to send a cookie. Remember, if you reject cookies, you may not be able to access some parts of the website or at least not as easily.
14.4 Security of the Personal Information
14.4.1 JNB Services Ltd makes reasonable efforts to ensure the security of your Personal Information. Only a limited number of persons within the operational team administrating the website who, are in the appropriate position to answer your requests, are authorised to access, modify – if requested by you – or delete your Personal Information.
14.5.1 If the information received is harmful, obscene, threatening, criminal or has criminal implications, we reserve the right to use, disseminate, store for evidence purposes or delete it, as we deem appropriate in our sole and absolute discretion.