Standard Condition of Trading
1 All orders placed with JOBEC UK LTD (Trading as Tanks On Demand) (“the Company”) by the customer are subject to the terms and conditions printed below. No modifications or variations to these Conditions and no other terms and conditions shall be valid or effective and in particular (but without prejudice to the generality of the foregoing) no modifications or variations to these Conditions shall apply merely by the acknowledgement or acceptance by the Company of any purchase order containing terms and conditions at variance with or in addition to these conditions unless such modifications or variations and other terms and conditions are expressly accepted in writing by a director of the Company.
2 Orders are accepted subject to the Company being able to obtain at all times the necessary raw materials and any special tools required to execute the order.
3 Any subsequent orders placed with the Company shall be deemed to be placed subject to these conditions unless expressly agreed otherwise in writing by a Director of the Company.
4 No order submitted by the Customer shall be deemed to be accepted by the Company unless and until confirmed in writing by the Company’s authorised representative, quotations, price lists and other publications of the Company do not constitute offers.
5 In accepting any order submitted by the Customer, the Company does so both for itself and for and on behalf of every employee, servant or agent of the Company and the Customer hereby confirms that any exemption of liability granted to the Company by these Conditions shall also extend to every employee, servant or agent of the Company.
6 The Company’s employees, servants and agents are not authorised to make any representations concerning the goods ordered unless confirmed by an authorised representative of the Company in writing. The Customer acknowledges that it does not rely on, and waives any claim for a breach of and such representations which are no so confirmed.
7 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance or offer, invoice or other document issued by the Company shall be subject to correction without any liability on the part of the Company.
8 No order which has been accepted by the Company may be cancelled by the Customer except with the agreement in writing of an authorised representative of the Company and on terms that the Customer shall indemnify the Company 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 Company as a result of cancellation.
PRICE AND PAYMENT
9 The price is exclusive of any applicable value added tax, which the Customer shall be additionally liable to pay to the Company.
10 The Company shall be entitled to invoice the Customer on or at any time after completion of the order and payment will be due, unless otherwise agreed in writing between the duly authorised representative of the Company and the Customer, within 20 days of the date of invoice. The time of payment of the price shall be of the essence and receipts for payment will be issued only upon request.
11 Should the Buyer fail to comply with the terms of payment the Seller shall be entitled without prejudice to any other right or remedy available to charge interest on any amount outstanding after the due date for payment at the rate of 4% above Santander Bank base rate from time to time which shall compound quarterly and accrue on a daily basis until payment is made in full.
12 Any dates quoted for delivery of the goods ordered are approximate only and the Company shall not be liable for any delay in delivery of such goods howsoever caused. Time for delivery shall not be of the essence unless previously agreed by a Director of the Company in writing. Such goods may be delivered by the Company in advance of the quoted delivery date upon giving reasonable notice to the Customer.
RISK AND PROPERTY
13 Risk of damage to or loss of the goods ordered shall pass to the Customer at the same time when such goods re loaded onto the carriers transport outside the Company’s premises or other place of storage of such goods.
14 Notwithstanding delivery and the passing of risk in any goods ordered or any other provision of these Conditions, such goods shall remain the sole and absolute property of the Company until such time as the Company or any other member of the Company’s Group (as the case may be) has received in cash or cleared funds payment in full of the price of such goods and payment in full of all other sums to the Company or any other such member of the Company’s Group (as the case may be) by the Customer.
15 Any tools, dies, moulds, jigs and fittings, whether their part cost be quoted or otherwise remain the property of the Company and will in no case leave the Company’s works. They are preserved for a reasonable time in anticipation of future orders, but without any liability whatsoever on the Company’s part.
16 The Company reserves the right to charge the Customer any cost which would otherwise be borne by the Company in respect of tools, dies, moulds, jigs and fittings manufactured to order or schedule requirements of the Customer or in excess of these where orders by the Customer have been reasonably anticipated by the Company which eventually fail to materialise to their full extent for any reason beyond the control of the Company.
CLAIMS FOR DAMAGE, SHORTAGE OR LOSS
17 Notwithstanding that risk shall have passed from the Company to the Customer in accordance with Condition 12 hereof the Company will at its option repair or replace free of charge all of the goods ordered, lost or damaged in transit provided that
a) save in respect of a total loss or non delivery of such goods details of any loss or damage have been marked on the copy of the consignment note of delivery document signed by the Customer and advised separately in writing to the Company and to the carrier concerned within three days of delivery and within five days of delivery full particulars thereof in writing are given to the Company and the carrier concerned and
b) in respect of a total loss or non delivery of such goods details re advised separately in writing to the Company and to the carrier concerned within seven days of the transit commencing (otherwise than on a consignment note or delivery document) and within fourteen days of the date of transit commencing full particulars thereof in writing are given to the Company and the carrier concerned.
18 Condition 16 will not apply where the goods ordered are collected by or on behalf of the Customer from the Company’s premises or other place of storage of such goods.
19 The Company shall not be responsible for any short delivery unless details thereof are marked on the copy of the consignment note or delivery document signed by the Customer (and in the case of loss in transit all the requirements set out in Condition 16 (a) hereof are fulfilled)
20 In the case of goods supplied by the Company for customers outside the United Kingdom the following conditions apply in lieu of or in addition to the appropriate Conditions set out herein (or as the case may be):
a) Dates for delivery and terms of payment shall be as arranged between the Company and the Customer and in default of an agreement to the contrary the price quoted is for delivery ex the Company’s works payment to be made by the Customer when the goods are ready for collection at the Company’s works.
b) The Customer at his own expense shall provide any import licence required for the import of the goods into the country to which the goods are to be despatched from the United Kingdom and also any export licence required for the export of the goods from the United Kingdom.
TERMINATION OF CONTRACTS
21 In the event of the occurrence of any of the following the Company shall have the right forthwith to terminate any contract then subsisting between the Company and the Customer and upon written notice of such termination being posted by the Company to the Customer to the Customer’s last known address any subsisting contract shall be deemed to have been terminated without prejudice to any claim or right the Company might otherwise make or exercise.
a) The Customer shall make default in or commit a breach of any contract or other obligation to the Company or to any other member of the Company’s Group.
b) Any distress or execution shall be levied upon the Customers property or assets; or
c) The Customer shall make or offer to make any arrangements or composition with creditors or commit any act or bankruptcy; or
d) Any petition or receiving order in bankruptcy shall be presented or made against the customer; or
e) (If the Customer shall be a limited company) any resolution or petition to wind up such a company (other than for the purpose of amalgamation or reconstruction) shall be passed or presented; or
f) (If the Customer shall be a limited company) a receiver of such company’s undertaking, property or assets or any part thereof shall be appointed.
22 The Customer shall indemnify and keep the Company indemnified against all claims, damages, penalties, costs and expenses arising out of the infringement of any patent, copyright, design, trade mark or other industrial or intellectual property rights resulting from any work carried out by the Company in accordance with the Customer’s specifications and instructions.
23 The Company reserves the right to sub-contract the fulfilment of the order or any part thereof.
24 The Customer shall not transfer its rights under these Conditions to any third party without the written consent of the Company.
25 In the event that any provision of these Conditions shall be determined to be illegal, invalid or unenforceable, such illegality, invalidity or un-enforceability shall not affect the validity and enforceability of the remaining provisions of these Conditions which shall be construed as if such illegal or invalid unenforceable provision or provisions had not been inserted.
GOVERNING LAW AND JURISDICTION
26 All contracts between the Company and the Customer shall in all respects be governed by English Law and all disputes which may arise out of or in connection with these Conditions or any contract between the Company and the Customer shall be subject of the exclusive jurisdiction of the English Courts save that the Company shall be a liberty to bring any legal proceedings against the Customer in the courts of any other country which it considers appropriate and the Customer hereby submits to such jurisdiction.
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