TERMS AND CONDITIONS OF SALE
1. DEFINITIONS
1.1 Company
The term “Company” refers to JCL Glass Ltd.
1.2 Customer
The term “Customer” refers to any company, firm, or individual placing an order with the Company. In the event of misidentification or non-disclosure, particularly if the Customer fails to disclose the existence of a limited liability company, the Company reserves the right to treat any individual signing or placing an order, either in person or by telephone, as the Customer.
2. Quotations
2.1 Validity of Quotations
All quotations are valid for 30 days from the date of submission and are subject to written acceptance by the Customer. The Company reserves the right to withdraw or modify a quotation at any time prior to acceptance without notice. Quotations are based on standard lead times unless specified otherwise. Any additional requests may incur extra charges.
3. Orders
3.1 Order Acceptance
Orders are accepted under these Terms and Conditions, which override any conflicting terms provided by the Customer unless otherwise agreed in writing. Once an order is placed, a binding agreement is established, incorporating these Terms and Conditions.
3.2 Customer Responsibility
The Customer is responsible for clearly specifying all requirements when placing an order. Once production begins, the Customer may not amend or reject the order unless a discrepancy exists between the order and the supplied product.
- a) Any amendments to orders must be made in writing and may incur additional administrative charges, at the Company’s discretion.
- b) Order cancellations are only accepted without charge if no work has commenced. Work carried out prior to cancellation will be charged on a quantum meruit basis, and no cancellation will be accepted for substantially completed orders.
4. Prices
4.1 Price Changes
Prices are subject to change without prior notice. Orders will be invoiced at the price prevailing on the date of dispatch unless otherwise agreed in writing.
5. Delivery
5.1 Delivery Times
Delivery dates are estimates provided in good faith. The Company accepts no liability for delays due to circumstances beyond its control, including but not limited to fire, explosion, strikes, lock-outs, accidents, industrial disturbances, transport delays, or material shortages.
5.2 Delivery Arrangements
Standard deliveries are made by the Company or its appointed carriers. Delivery to the site requires special arrangements, which may incur additional charges.
5.3 Storage Fees
If the Customer is unable to receive goods within one month from the invoice date, the Company reserves the right to charge storage fees on a monthly basis.
5.4 Charges for Stillages and Frames
The Company reserves the right to charge for stillages or frames that are not returned.
6. Non-Delivery and Damaged Goods
6.1 Non-Delivery Claims
Claims for non-delivery must be made in writing within 14 days of the dispatch date. Delivery to the Customer is deemed complete when goods are handed to the carrier, and the Company may provide proof of delivery to the carrier as evidence of delivery.
6.2 Damaged Goods and Pilferage
Claims for goods damaged in transit or pilferage must be notified to both the carrier and the Company within three days of delivery.
7. Defective Products
7.1 Defect Claims
If goods do not comply with the order or are otherwise defective, the Customer must:
7.2 Notification
Notify the Company in writing immediately upon discovery of the defect, and no later than three days after delivery.
7.3 Inspection
Allow the Company or its representatives reasonable access to inspect and test the defective goods.
7.4 Conditions for Claims
Claims will not be entertained unless the above conditions are strictly followed. The Company may, at its sole discretion:
- a) Replace the defective goods to meet the order requirements,
- Retrieve the goods and issue a refund up to the purchase price, or
- c) Repair the goods.
7.5 Limitations on Claims
In the event of a replacement or redelivery, the Customer shall not be entitled to further claims, deductions, or allowances.
8. Property and Risk
8.1 Retention of Title
Ownership of the goods remains with the Company until full payment of the total price and any other sums due are made. However, risk and liability for the goods pass to the Customer upon delivery.
8.2 Non-Payment
If the Customer fails to pay on the due date, the Company reserves the right to reclaim the goods without prior notice. This includes entering the Customer’s premises to recover the goods if necessary, without prejudice to other remedies.
8.3 Right to Claim
The Company reserves the right to claim for the price of the goods even if ownership has not transferred, and to take legal action or seek judgment without affecting its right to retake possession of the goods.
9. Templates
9.1 Template Accuracy
Where templates are required, it is the Customer’s responsibility to ensure they are accurate and made from appropriate material. No amendments will be accepted once provided.
10. Tolerances
10.1 Industry Standards
The Company operates according to industry-standard tolerances. Any claims related to dimensional tolerances will only be considered if the product is made available for collection and inspection.
11. Payment terms
11.1 Credit Account Payments
If the Customer holds a credit account, payment is due on or before the date specified as per the agreed credit terms. In the event of any payment default, all other invoices issued by the Company shall be immediately deemed due, and the full outstanding amount shall become payable without delay. The Company reserves the right to take any necessary action to recover the full debt owed.
11.2 Non-Credit Account Payments
If the Customer does not hold a credit account, the full purchase price must be paid in advance, prior to the commencement of any production or services by the Company. No work will begin until full payment is received.
11.3 Suspension of Services for Non-Payment
If the Customer fails to make payments by the due date, the Company reserves the right, without prior notice, to suspend further deliveries, processing of new orders, or any ongoing production under the contract until full payment is made. Any delays caused by such suspension shall be the responsibility of the Customer.
11.4 Withdrawal or Reduction of Credit Facilities
Credit facilities may be withdrawn or reduced at any time at the sole discretion of the Company, without notice or explanation. Such decisions may be based on the Customer’s payment history or any other factor that the Company deems relevant.
11.5 Legal Proceedings for Debt Recovery
If payment is not made within the agreed credit terms, the Company reserves the right to initiate legal proceedings to recover the outstanding debt. Any costs incurred by the Company, including but not limited to legal fees, court costs, and debt collection agency fees, will be added to the total amount owed by the Customer. The Company also reserves the right to seek compensation for any losses, damages, or disruption caused by the delayed or non-payment.
11.6 Withdrawal of Guarantees
In the event of non-payment, or if the Company is forced to initiate court proceedings to recover the debt, all warranties, guarantees, or other assurances provided by JCL Glass in relation to products supplied will be immediately withdrawn. The Company shall bear no further liability for defects, performance issues, or product failure, and the Customer will forfeit any rights to claims under such guarantees.
12. Liability
12.1 Exclusion of Indirect and Consequential Losses
The Company shall not be liable for any loss of profit, indirect, consequential, or incidental damages, or any other expenses arising from defects in the goods supplied, their manufacture, or any other aspect related to this contract.
13. Variation of Terms
13.1 Amendments and Representations
No variation or amendment to these Terms and Conditions, including any representations concerning delivery times or other contract-related matters, shall be binding on the Company unless confirmed in writing and signed by an authorized officer of the Company. Any purported variations or representations made without such written authorization will not subject the Company to any liability.
14. Notice to Third Parties
14.1 Obligation of Resale Purchasers
All purchasers who buy the Company’s goods for resale agree to fully inform any subsequent buyers or third parties of these Terms and Conditions of sale. It is the purchaser’s responsibility to ensure that these conditions are communicated to all parties with whom they deal.
Disposal of Uncollected Goods
15.1 Right to Dispose of Goods
JCL Glass Ltd reserves the right to dispose of any glass not collected or delivered within two weeks of the invoice date. Any such disposal will be non-refundable, and the Company will not be liable for any resulting loss to the Customer.