STANDARD CONDITIONS OF SALE FOR MANUFACTURED GOODS
The following Standard Conditions Of Sale shall govern all
transactions except as otherwise specifically agreed in writing by
the seller:-
QUOTATIONS: Quotations are subject to confirmation on
receipt of order.
TERMS: Net cash month following delivery for account
customers. Invoices issued pursuant to the late payment of
commercial debts Act 1988 as amended and supplemented by the late
payment of commercial debts regulations 2002.
In the case of contracts involving more than one delivery, if
default is made in payment on due date for any one delivery, the
seller at his option shall be entitled to treat the contract as
repudiated by the buyer and to claim damages accordingly.
An order once placed cannot be cancelled except by mutual
agreement and then only on terms, which would fully indemnify the
seller.
DELIVERY: Unless otherwise specified by the seller goods
shall be delivered and accepted in a single delivery as soon as
ready.
Where contracts provide for deferred deliveries such deliveries
shall be accepted as specified in the contract (or as soon as
thereafter ready) provided that all deliveries shall be accepted
within six months from the date specified on the first
delivery.
In the event of failure to accept any delivery the balance
remaining undelivered shall be invoiced (payment for such balance
immediately thereupon becoming due) and storage costs charged to
customers account, the goods being held at customers risk.
Each delivery shall constitute a separate contract and any
failure or defect in any delivery shall not vitiate the contract as
to the remaining deliveries.
While every effort will be made by the seller to effect delivery
in accordance with any prearranged dates, no guarantee as to dates
of delivery by the seller is to be implied and the seller will not
accept liability for any loss or damage occasioned by delay in
delivery however caused.
QUANTITY VARIATIONS: A shortage or surplus, charged pro
rata, not exceeding 10 percent will be considered due execution of
any order.
SKETCHES ETC.: All sketches and origination work remain
the property of the seller.
CUSTOMERS REQUIREMENTS, PRINTING AND CONSTRUCTION:
Alterations from original copy on and after first proof including
alterations in style or construction will be charged extra. Proofs
for all work may be submitted for customers approval and no
responsibility will be accepted for any errors in proofs, which may
be passed by him. The customer shall be solely responsible for any
matter he instructs the seller to print on the goods or any design
or construction which he supplies and instructs the seller to
execute and for any claim by a third party arising therefrom.
CLAIMS: Complaints or claims will only be entertained if
lodged by the buyer within seven days of receipt of goods by him,
or if related to the transport of the goods within such time as
will enable the seller to comply with the time limit and procedure
of the carrier by whom the goods were transported. The return of
goods will not be accepted unless the seller or his representative
shall first have had the opportunity of examining same.
LIMITATION OF SELLERS LIABILITY: Any express or implied
statement, condition or warranty, statutory or otherwise, not
stated herein is hereby excluded and deemed to be inconsistent
herewith: and no responsibility is accepted by the seller for any
damage or loss arising directly or indirectly out of goods supplied
or for any damage or loss arising by reason of any failure to
comply with the specification.
COST VARIATION: Prices are subject to revision in the
event of any increase in costs incurred by the seller between the
date of confirmation or order and the date of delivery to
buyer.
CUSTOMERS PROPERTY: Customers property when supplied
will be held at customers risk. Every care will be taken to secure
the best results where materials are supplied to customers, but
responsibility will not be accepted for imperfect work caused by
defects in or unsuitability of materials so supplied.
MATERIAL: Whilst every endeavour will be made to supply
material in accordance with the quality of samples submitted or
quoted for, this cannot be guaranteed.
FORCE MAJEURE, ETC.: The performance of all contracts is
subject to variation or cancellation by the seller owing to any Act
of God, war, strikes, lock-outs, fire, flood, drought, tempest or
any other cause beyond the control of the seller or owing to any
inability by the seller to produce materials or articles required
for the performance of the contract and the seller shall not be
held responsible for any inability to deliver caused by such
contingency.
TITLE OF GOODS SUPPLIED: All goods supplied will remain
the property of the seller until such time as they are paid for in
full. The seller reserves the right to sell or dispose of any goods
manufactured for customers that are rejected for any reason and/or
not paid for in full unless specifically been agreed otherwise by
the seller in writing prior to manufacture.
GOODS DELIVERED NO LONGER REQUIRED, OR ORDERED IN ERROR:
No goods will be accepted for credit after 7 days from the original
date of supply.Goods that have been specifically manufactured to
the Buyers specifications cannot be accepted for credit. No goods
can be returned to the Seller without the Sellers prior consent and
having received a Jaffabox Ltd Return Authorisation Number. No
goods can be accepted for credit unless returned in perfect
condition,packed in original wrappers and accompanied with a
completed Jaffabox Returns Note quoting the Jaffabox Ltd Return
Authorisation Number. The Buyer will pay all shipping costs and a
20% handling charge to the Seller on all items returned.
GOODS CANCELLED PRIOR TO DELIVERY: The Buyer
shall not be able to cancel any order either written or
verbal, except where the Seller is able to also cancel its
corresponding order with its supplier. In such a case the Buyer
shall indemnify the Seller for any loss suffered by the Seller and
its agreed without prejudice to the foregoing that this loss shall
be equal to at least 15% of the price that would have been payable
by the Buyer had the order been fullfilled.