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JMI Bathrooms Ltd Terms & Conditions
These are our standard terms and conditions of sale. They apply to all contracts made by us for the supply of goods and services.
Quotations
1. The Company's offer or quotation is without engagement and all orders require the Company's acceptance in writing to create a contract, except where the customer's order is executed by the despatch of goods, in which case these Conditions are deemed to apply.
2. All quotations are valid for 90 days.
Payment
3. Delivery and completion dates are approximate only: but JMI Bathrooms Ltd will endeavour to meet the customer's requirements.
4. Each delivery, or part delivery represents a separate contract and failure of any delivery or part delivery shall not vitiate and contract in respect of any other delivery or other part delivery.
5. Our deliveries are to the ground floor entrance of the customer's residence or site. JMI Bathrooms Ltd only uses one driver so it is essential that where heavy or bulky items such as baths or furniture are being delivered assistance is on hand otherwise the delivery may not occur, this is at the discretion of the delivery driver.
6. Time shall not be of the essence to any contract to which these conditions apply (except in respect of payment to the Company). JMI Bathrooms Ltd will not be liable for any delay or the consequences of any delay in delivery or performance of its obligations under the contract howsoever caused.
JMI Bathrooms Ltd shall not be liable to any customer, firm, company, or person in respect of any claim for any loss of profit, consequential loss or damage.
Returns
7. Special items are all items with the prefix SP on your quote/order, these items cannot be returned to JMI Bathrooms Ltd unless JMI Bathrooms Ltd has the full agreement from the supplier to take the item back. Where the supplier agrees to take the product back a restocking charge of between 25%-50% of the sales price will apply.
No credit will be allowed on these goods until the Company has received credit from the supplier. Other items may be returned to JMI Bathrooms Ltd provided prior written consent has been given, in which event the customer-will be invoiced to cover the cost of transport, administration and restocking - 25% of the sales price. Bespoke terns cannot be cancelled or returned. In all cases the item(s) must be in the unopened and undamaged original packaging.
8. Any claim in connection with non-delivery or damage must be passed to the Company within two working days otherwise it is deemed to have been waived. In the event of non-delivery or damage the Company will endeavour to claim compensation on the customer's behalf from the carrier.
Warranty and Liability
9. All descriptions and illustrations contained in brochures, pricelists and advertisements issued or communicated by, the, Company to the buyer are for indicative purposes only and do not form part of the contract. Goods are warranted to be of normal domestic quality and specifications, are subject to variations and normal manufacturing tolerances.
Sales by the Company are not sales by sample and where the Company has provided a sample to the buyer this shall not imply any warranty or obligation of conformity with the sample. JMI Bathrooms Ltd products are subject to colour variation.
Save as warranted above, other warrantee as to quality, description, or fitness for a particular purpose whether expressed or implied are excluded except the warranties implied by statute in the case of customer sales.
10. The Company warrants goods and materials to the extent of the warranty of the original manufacturer only and to be free under normal and correct use and service from defects in workmanship. The Company's entire liability under these warranties (which does not extend to consequential loss howsoever arising) is to replace free of charge any parts of goods which during the period of one calendar year from the date of supply of the goods, which after the Company inspection, are to have been defective in workmanship.
This warranty excludes fair wear and tear, damage from inappropriate use, and exposure to noxious or abrasive substances. The warranty shall apply only to the Company's original customer. All warranty claims shall be promptly notified in detail and writing to the Company's head office within the warranty period and in default the warranty shall be deemed to have been waived.
11. The Company's liability in the event of suspension of delivery and of performance and or cancellation of any contract in whole or in part limited to repayment to the customer (without interest) of any part of the contract price already received by the Company and attributed to any unfulfilled or cancelled part of the order, less any expenses incurred or committed by the Company up to the date of cancellation in part performance of the contract.
Force Majeure
12. Without prejudice to the right to claim payment for part performance of a contract, at the Company's option deliveries and/or performance of contractual obligation;, may be suspended (without liability to the customer for loss or damage arising there from) by reason of Act of God; force majeure, industrial dispute, restriction of supplies, government control, accident or any circumstances which may be outside the control of the Company.
Other
13. The Conditions are governed by the laws of England and Wales. When one clause or part of the Conditions is found to be void or is waived by the Company, the remainder of the Conditions are deemed to still be enforced or enforceable. The headings are for guidance only and do not form part of the contract.
14. Title to each item of goods sold remains with the Company until the full purchase price has been paid. The Company shall have the right to enter the customer's premises at reasonable notice to repossess the Company's goods where the title has not been passed.
No conditions or warranty inconsistent with these conditions shall apply unless accepted in writing and signed by a director of the Company.
These Conditions shall prevail in the event of a difference with the terms and conditions of any order or other document submitted by a customer.
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