JURA TERMS AND CONDITIONS OF SALE
The Company means Jura Products Ltd.
The Customer means the Customer of the Company.
The Contract means any contract entered into for the sale of Goods by the Company to the Customer.
The Goods means any goods the subject of any Contract and shall include any part of them and any materials incorporated in them.
EXTENT OF CONTRACT
The following conditions shall apply to all Contracts to the exclusion of all other conditions expressed or applied by Statute or otherwise and together with any acceptance, delivery notes and invoices issued by the Company in connection with the Goods shall constitute the whole of the Contract.
The Contract shall not be varied except by the written agreement of the Company. Typographical or clerical errors or omissions shall be subject to correction.
The Contract shall be governed by English Law and the parties consent to the exclusive jurisdiction of the English courts in all matters regarding the Contract.
No Contract shall come into existence until the Customer's order is accepted by the earliest or the Company's written acceptance, the delivery of the goods and the Company's invoice.
Orders are accepted on the understanding that the Customers have read and accepted these terms.
All orders are accepted on the understanding that the Company shall not be liable for any delay or loss arising from contingencies beyond its control such as war, riot, strikes, lock outs, fire, accidents, breakdown or shortage of materials and labour.
Acceptance by the Company of an order from a Customer creates a Contract which can not then be varied without the consent of both parties. The Company will consider any request from a customer to cancel any order in whole or in part to rearrange delivery schedules, but can not guarantee to agree to any such requests.
The description and illustrations contained in the Company's catalogues, price list and other advertising materials are intended merely to represent a general idea of the goods described therein and shall not form part of the Contract.
All goods are supplied to Customers on the following terms and no person in the employment of acting otherwise as agent of the Company or purporting to do so have authority to accept orders, supply Goods on any other conditions or to vary these terms in any way whatsoever. Previous dealings between the company and the customer shall not vary or replace these terms or be deemed in any circumstance whatsoever so to do. Acceptance of Goods from the Company shall be conclusive evidence before any court or arbitrary that these terms apply.
The Customer acknowledges that before entering into an agreement for the purchase of any Goods from the Company, he has expressly represented and warranted that he is not insolvent and has not committed any act of bankruptcy or being a company with limited or unlimited liability, knows of no circumstances which would entitle any debenture holder or secured creditor to appoint a receiver to petition for winding up of the Company or excise any other rights over or against the Company's assets.
Goods, the subject of any agreement by the Company to sell, shall be at the risk of the Customer as soon as they are delivered by the Company to the customer's vehicles or his premises or otherwise to his holder.
Such goods shall remain the sole and absolute property of the Company as legal and equitable owner until such time as the Customer shall have paid to the Company the agreed price, together with the full price of any Goods the subject of any Contract with the Company.
The Customer acknowledges that he is in possession of Goods solely as baileu for the Company until such time as the full price thereof is paid to the Company. The Customer's right to possession of the Goods shall cease if he, not being a company, commits an act of bankruptcy or if he being a company does anything or fails to do anything which would entitle a receiver to take possession of any assets or which would equate any person to prevent a petition to winding up. The Company may, for the purpose of recovery of its goods, enter upon any premises where they are stored or where they are reasonably thought to be stored and may repossess the same.
RISK, DELIVERY OF GOODS AND PACKAGING
The Goods are packed in non-returnable packing materials.
The Company may deliver the Goods by instalments and no default of failure by the Company in respect of any one or more instalments shall vitiate the Contract in respect of Goods previously delivered or undelivered goods.
If the customer fails to take delivery of the Goods or any part of them on the due date or to give adequate forwarding instructions enabling the Goods to be delivered on the due date, the Company may issue a written notice to the Customer where upon risk in the Goods will pass to the Customer and thereafter the Company may, incur and store the Goods, at the expense of the Customer and the Customer shall indemnify the Company against all losses and liabilities arising out of such failure.
Any dates stated by the Company for the delivery of Goods are approximate only and shall not form part of the Contract.
Failure to advise the Company of the non-delivery of Goods or any items within 7 days of the invoice will release the Company from liability for claims for non-delivery.
Customers shall be deemed to have examined all Goods within 3 days of delivery and to be satisfied that the Goods are undamaged or the correct quantity and in accordance with the Contract unless a written notice to the contrary specifying the nature of the alleged component deficiently is given within that time to the Company.
Goods ordered in error are subject to a 10% handling charge on return and cannot be exchanged unless in good Condition and their original packaging.
EXTENT OF LIABILITY
If the Company becomes liable to the customer for breach of contract or otherwise, the liability of the Company shall not exceed the invoice value of the goods and shall not include any liability to consequential loss.
Where only some or part of the Goods are not of merchantable quality or in accordance with the description of them, the Contract shall remain in full force and effect in respect to other parts of the Goods and no set off or other claim shall be made by the Customer against or in respect of such parts of the Goods.