JD Catering terms and conditions of business

GENERAL
1.1 In these conditions “J.D’s” means J.D’s Catering Supplies,“the Purchaser” means the person, firm or company to whom the acknowledgement of order is issued, “The Goods” means any products, machinery, equipment and services of all kinds to be supplied by J.D’s.

1.2 These conditions of sale will override any standard or other terms or conditions referred to by the Purchaser and will supersede any earlier sets of conditions appearing in catalogues or elsewhere.

1.3 All quotations remain commercial in confidence and the property of J.D’s. The Purchaser must not pass such information to third parties and on request must return all such documents to the company.

1.4 The Purchaser is responsible for disposal of all packaging materials and must do so in accordance with all relevant legislation.

2 ACCEPTANCE OF ORDERS

2.1 No binding contract shall be deemed to have been effected until confirmed in writing by J.D’s by an acknowledgement of order. Quotations, price lists and other publications of J.D’s shall not constitute offers.

3 DESCRIPTION
3.1 Every effort is made to ensure that the descriptions, technical data and illustrations contained in catalogues and leaflets are correct: however, they do not constitutes a sale by description. J.D’s policy is one of continuous improvement and we reserve the right to modify the design, finish or specification without notice.

4 PRICES
4.1 Quotations and prices are subject to withdrawal and alteration at any time. J.D’s reserve the right to revise prices without notice and the invoice price payable unless otherwise agreed in writing shall be that ruling at the date of despatch.

4.2 Prices are exclusive of VAT and other sales taxes and do not include the cost of off-loading,location, erection and connection. Installation work, which can be undertaken at the Purchaser's request, is subject to a separate quotation. Deliveries outside mainland Great Britain normally incur an additional charge.

5 DELIVERY
5.1 Time of delivery is not of the essence.Whilst every effort is made to adhere to delivery estimates, J.D’s shall not be liable for any losses, costs, damages or expenses however arising, suffered by the Purchaser or any other person or company.

6 PAYMENT

6.1 J.D’s standard terms are strictly 30 days from the date of invoice. Any variation in terms will be agreed in writing before despatch of the Goods.If payment is not received in full when due, interest will be compounded on the unpaid amount at a rate of 2% above Natwest Bank plc base lending rate. This entitlement to interest does not preclude J.D’s from pursuing all available remedies for the breach of contract.

7 CLAIMS FOR DAMAGE IN TRANSIT, SHORTAGE IN
DELIVERY OR LOSS OF GOODS

7.1 If Goods are accepted from a carrier without prior checking, or signed for "unexamined", no claim whatsoever can be accepted by J.D’s. It is the responsibility of the Purchaser to inspect the goods immediately, sign the delivery note accordingly and inform J.D’s immediately of any alleged damage or shortages. J.D’s has no liability for any damage caused during off-loading.

7.2 J.D’s will not accept responsibility for any damage incurred resulting from the movement into or within the Purchaser's premises. In the event of any such possibility arising, the Purchaser should seek the advice of J.D’s.

8 PROPERTY AND RISK
8.1 Risk in the Goods shall pass to the Purchaser when the Goods are delivered to or collected by the Purchaser or its agent.

8.2 Notwithstanding risk in the Goods passing in accordance with Clause 8.1 hereof, title in the Goods shall not pass to the Purchaser until full payment has been received by J.D’s for the Goods.

8.3 Until full payment has been made the Purchaser holds the goods in trust for J.D’s and is responsible for keeping the goods separate from any other assets and in a state of good repair.

9 WARRANTY AND LIMITS OF LIABILITY

9.1 J.D’s warrants that (subject to the other provisions of these terms and conditions) upon delivery the Goods will for a period of 12 months from the date of invoice for such Goods be of satisfactory quality under the Sale of Goods Act 1994. Save for the condition implied by the Sale of Goods Act section 12 all other warranties or conditions or other terms whether express or implied by statute, common law custom or otherwise are hereby excluded.

9.2 Where there is a breach of warranty as set out in clause

9.1 J.D’s undertakes to replace free of charge or to rectify the Goods. J.D’s shall not be liable for a breach of clause

9.1 unless:

a The Goods have been installed correctly by a qualified person in accordance with the manufacturers’ recommendations, and all regulations and by-laws appertaining at the time.

b The Goods have been properly maintained and cleaned regularly.

c No mis-use of the Goods has taken place and the operating instructions as to storage, installation,commissioning, use or maintenance, have been properly adhered to.

d The Goods have been used for the purpose for which they were originally designed.

e No unauthorised alterations to design or usage have been implemented or the defect in the Goods does not arise from any design defect in any drawing, design or specification provided by the Purchaser.

f The Goods must have been correctly and regularly serviced during the warranty period by an authorised service agency.

g No repair or alteration work has been carried out on the Goods without the express authority of J.D’s. h The Purchaser gives written notice of the defect to J.D’s and if the defect is as a result of damage in transit, to the carrier, within 7 days of:

(i) the date of delivery (where the defect would be apparent to the Purchaser on reasonable inspection); or

(ii) the date when the Purchaser knew or ought reasonably to have known of the defect (if not apparent on a reasonable inspection)

i J.D’s is given a reasonable opportunity after receiving notice of a defect from the Purchaser of examining such Goods.

The warranty in clause 9.1 does not extend to cover breakage's of glass, refractory bricks, light bulbs, tubes and plaques under whatever circumstances or failures of expendable items which may be regarded as being due to fair wear and tear or any other failure outside the control of the manufacturer.

If J.D’s complies with its obligations in clause 9.1 it shall have no further liability for a breach of warranty in clause 9.1 in respect of the quality of such Goods. All Goods replaced will belong to J.D’s and any repaired or replacement Goods will be guaranteed on these terms and conditions for the unexpired portion of the 12 month period from the date of original invoice to the Purchaser.

9.3 J.D’s reserve the right to carry out any work under warranty during normal working hours, i.e. Monday to Friday, 8.30a.m.- 5.00p.m. If the Purchaser requests repair work outside the stipulated working times, premium time rates will apply.

9.4 Work will only be undertaken by J.D’s in respect of an alleged breach of warranty if the Purchaser first requests such work to be undertaken in writing. The Purchaser undertakes to indemnify J.D’s for any costs, claims, damages or expenses incurred in respect of any work undertaken by J.D’s as instructed by the Purchaser which is found not to have been due to breach of warranty as set out in clause 9.1 or where the conditions detailed in clause 9.2 above have not been adhered to.

9.5 The provisions of this clause 9 set out the entire liability of J.D’s (including any liability for the acts or omissions of its employees agents and subcontractors)to the

Purchaser in respect of:

(i) any breach of these terms and conditions; and

(ii) any representation statement or tortious act or omission including negligence arising under or in connection with these terms and conditions.

9.6 Nothing in these terms and conditions excludes or limits the liability of J.D’s for death or personal injury caused by J.D’s negligence or fraudulent misrepresentation.

9.7 THE PURCHASER'S ATTENTION IS IN PARTICULAR
DRAWN TO THE PROVISIONS OF THIS CLAUSE 9.7 Subject to clauses 9.1 and 9.6:

9.7.1J.D’s total liability in contract, tort (including negligence or breach of statutory duty) misrepresentation or otherwise arising in connection with the performance or contemplated performance of the contract shall be limited to the contract price: and

9.7.2 In no circumstances whatsoever shall J.D’s be liable to the Purchaser whether for breach of contract, in tort (including but not limited to negligence), breach of statutory duty, breach of warranty or otherwise for loss of profit,loss of use,loss of business,loss of goodwill,loss of contracts or any other economic,financial or monetary loss whatsoever that may be suffered by the Purchaser or for any other indirect or consequential loss whatsoever.

10 TRADE MARKS AND PATENTS
10.1 Goods are supplied on condition that when re-sold by the Purchaser they are sold under the original trademark and brand name and to the same specification.The Purchaser shall indemnity J.D’s against all losses, damages, penalties, costs and expenses resulting from any infringements or modifications.

11 FORCE MAJEURE
11.1 J.D’s will not be under any liability whatsoever for non performance of its obligation, in whole or in part, as a result, directly or indirectly, of any strike, lock out, fire, flood, inability to obtain material, breakdown, delay, war, insurrection, government act or regulation or any other cause (whether or not of a like nature) beyond J.D’s control.

12 CANCELLATION
12.1 J.D’s reserve the right to implement a re-stocking charge of 20% of the price of the Goods, plus carriage costs incurred if a Purchaser cancels an order and returns the goods. This is to cover administration and other miscellaneous costs.

13 GOVERNING LAW
13.1 The terms and conditions of sale shall in all respects be governed and construed in accordance with English Law.

STANDARD TERMS & CONDITIONS OF SALE
In these terms and conditions J.D’s represents J.D’s Catering Supplies, 41 Castle Road, Cookstown and the Purchaser means the person, firm or company purchasing goods. Goods being the products which are the subject of the contract of sale to which these Terms and Conditions apply.