Conditions of Sale
The purchaser acknowledges and agrees that the purchase of any goods from JDS is on the terms and conditions outlined below. The placing of an order by the purchaser constitutes acceptance of these terms.
(i) All product sold by JDS are sold at their current prices at the time of dispatch of the product.
(ii) JDS will give account customer’s 30 days notice of any price increase in any of its products. Any extension to this must be negotiated with JDS and approved in writing.
(i) Payment for products purchased from JDS shall be made on or before delivery or in the case of customers who have an account with the company within 30 days from the end of the month of invoice.
(ii) The customer shall not be entitled to retain any money owing to JDS notwithstanding any default or alleged default by the company including the supply of defective or allegedly defective goods or delay or alleged delay in supply.
(iii) If payment is not made on time, the customer may be required to pay on any owing amount at the rate of 3% if prior notification is not given.
(iv) Ownership in and to the product remains with JDS until such time as payment in full for the product is received by JDS.
(v) JDS has the right to cancel any order and refund any money paid if a dispute occurs in relation to any of the matters contemplated by this contract.
(i) When goods are delivered to site and the time taken for unloading the goods exceeds 30 minutes, the purchaser shall compensate JDS for any reasonable expenses incurred by JDS as a result of the unloading time exceeding 30 minutes.
(ii) If the site is unattended goods will be unloaded on the site or if the site is not accessible as close to the site as is practicable and the delivery docket/manifest signed by the cartage contractor or the driver of JDS that the goods were delivered accordingly shall be conclusive evidence of due delivery of goods.
(iii) If JDS is requested to enter a property JDS accepts no responsibility for any damage caused by the JDS driver or agent.
(iiii) Delivery times referred to in this catalogue are reliant on space being available on JDS’s normal transport capacity.
4. Delay and Damage
(i) JDS undertakes to complete and deliver each order by the delivery date, provided that JDS will not be responsible for any loss or damage arising from any delay or failure to deliver the goods for any reason whatsoever. If requested by the customer JDS may agree to vary the delivery date.
(ii) In particular, JDS accepts no responsibility for the delay in the delivery of or damage to the goods where a third party carrier has been used or where the customer has arranged their own freight and offload requirements.
Once an order has been accepted by JDS, the customer can only cancel, vary or suspend the order (whether in whole or part) upon the following conditions:
(i) No cancellation, variation or suspension will be effective or recognised unless, and only to the extent, that JDS agrees in writing to such a cancellation, variation or suspension.
(ii) The customer agrees to accept delivery of all goods held by and all goods in transit to the customer in respect of such order.
(iii) The customer agrees to pay all costs, expenses and liabilities incurred by the company in consequence of the cancellation, variation or suspension of the order and accept consequential delay.
(i) Should there be any discrepancy between the orders by telephone as recorded and processed by JDS and later confirmation in writing by the customer, the JDS record of the telephone order shall prevail.
(ii) JDS may in its absolute discretion refuse to supply goods where goods are unavailable for any reason whatsoever or credit limits cannot be agreed or have been exceeded.
Incorrect Metal Doorframes
(i) In the event that JDS delivers incorrect frames to site, it is the customers responsibility to ensure all frames are correct prior to being installed. JDS will swap over any incorrect doorframes where JDS is at fault at our expense and delivered the next working day. JDS takes no responsibility if an incorrect frame has been installed without careful checking.