Terms of use
1. Jewel Fire Systems Conditions Apply
1.1 Unless otherwise specifically agreed in writing by Jewel Fire Systems, all quotations and contracts for the supply of goods by Jewel Fire Systems are made upon these Conditions of Sale (“the Conditions”) which shall at all times override any terms and conditions which the purchaser of such goods (“the Purchaser”) imposes or seeks to impose.
1.2 Delivery of any goods following a quotation for supply made by Jewel Fire Systems will be made only upon the Conditions. Orders are accepted subject to the Conditions.
1.3 Any variation must be approved by an authorised Jewel Fire Systems employee and be in writing. Any quotation or estimate is given subject to the Conditions.
1.4 “The Contract” means any contract made between the parties that incorporates the Conditions.
2. Payment Terms
2.1 Terms of payment are STRICTLY 30 days from the date of invoice and in default, Jewel Fire Systems should be entitled, without notice, to the Purchaser (even if the Purchaser has a contract with a third party to:
2.1.1 terminate any outstanding order or quotation;
2.1.2 withhold and/or suspend supplies; or
2.1.3 reduce the Purchaser’s credit limit.
2.2 Jewel Fire Systems shall also be entitled, at their discretion, to receive payment of any and all monies in respect of goods supplied whether these monies would ordinarily be due for payment at that time or not.
2.3 In addition, Jewel Fire Systems shall be entitled to charge the Purchaser interest on the amount unpaid at the rate of 8% above Barclays Bank Plc base rate until payment in full is made and the Purchaser will indemnify Jewel Fire Systems in respect of all costs incurred by Jewel Fire Systems in recovering payment, including the cost of instructing Solicitors.
2.4 No payment shall be deemed to have been received until Jewel Fire Systems has cleared funds.
2.5 In the event that the Purchaser tenders payment by cheque and the cheque is subsequently returned by the Purchaser’s Bankers unpaid, the Purchaser will also indemnify Jewel Fire Systems in respect of all resulting bank charges incurred by Jewel Fire Systems.
2.6 The Purchaser shall make all payments due under the Contract without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Purchaser has a valid court order requiring an amount equal to such deduction to be paid by Jewel Fire Systems to the Purchaser.
3. Prices
3.1 All prices displayed in Jewel Fire Systems’s catalogues, both printed and online, are subject to VAT where applicable.
3.2 Prices are correct at time of publishing and are subject to change without prior notice.
3.3 The price charged to the Purchaser will be the prevailing price at the time of ordering
3.4 Jewel Fire Systems reserves the right to withdraw discounted prices at its discretion, without giving prior notice.
4. Retention of Title
4.1 Although risk in the goods supplied passes to the Purchaser on delivery, legal title in such goods shall not pass to the Purchaser until Jewel Fire Systems has received, in cleared funds, the full price payable for such goods and all other goods supplied by Jewel Fire Systems to the Purchaser for which payment is then due.
4.2 Until legal title passes, the Purchaser shall hold the goods as Jewel Fire Systems’s fiduciary agent and bailee and shall keep them properly protected, insured and stored separately from any other goods (whether or not supplied by Jewel Fire Systems). Until that time the Purchaser is entitled to resell or use the goods in the ordinary course of its business but shall account to Jewel Fire Systems for the proceeds of sale and pending payment shall hold such proceeds on trust for Jewel Fire Systems absolutely.
4.3 The Purchaser’s right to resell or use the goods shall terminate automatically on the occurrence of any event set out in the Condition 10 and/or if any sum owed to Jewel Fire Systems by the Purchaser is not paid when due.
4.4 Until such time as legal titled in the goods passes to the Purchaser Jewel Fire Systems may at any time require the Purchaser, its liquidator, receiver or administrator to return the goods and/or may repossess the goods by entering upon any premises of the Purchaser or any third party where the goods are reasonably believed to be stored.
4.5 In addition and without prejudice to any other right or remedy available to Jewel Fire Systems, if the Purchaser is in breach of the payment terms or of any of its obligation under this clause, Jewel Fire Systems shall be entitled to:
4.5.1 cancel the Contract;
4.5.2 suspend further deliveries; or
4.5.3 terminate any outstanding order or quotation without incurring any liability whatsoever as a consequence of this action
4.6 Jewel Fire Systems reserves the right at any time before title in the goods has passed to the Purchaser to require the Purchaser to deliver up the goods if any of the events specified in Condition 10 occurs.
5. Delivery
5.1 Terms and conditions for delivery are only applicable in the UK. For delivery outside the UK please contact Jewel Fire Systems
5.2 Unless otherwise agreed delivery of the goods shall take place at the Purchaser’s place of business.
5.3 Where Jewel Fire Systems makes delivery of the goods to the Purchaser’s place of business or any other place as agreed in writing, all charges in relation to carriage including, without limitation transport costs, insurance and unloading, will at Jewel Fire Systems’s option, be borne by the Purchaser.
5.4 If for any reason the Purchaser does not accept delivery of any of the goods when they are ready for delivery then the goods will be deemed to have been delivered, risk passing to the Purchaser (including for loss or damage caused by Jewel Fire Systems’s negligence) and Jewel Fire Systems may;
5.4.1 store the goods until actual delivery whereupon the Purchaser will be liable for all related costs and expenses (including without limitation storage and insurance); or
5.4.2 sell the goods at the best price readily obtainable and (after deduction of all reasonable storage and selling expenses) charge the Purchaser for any shortfall below the Contract price.
5.5 Jewel Fire Systems reserves the right to deliver in instalments and any failure to deliver one instalment will not entitle the Purchaser to terminate the Contract
5.6 The quantity of any consignment of goods as recorded by Jewel Fire Systems upon despatch from Jewel Fire Systems’s place of business shall be conclusive evidence of the quantity received by the Purchaser on delivery unless the Purchaser can provide conclusive evidence proving the contrary.
5.7 Claims for shortages or damaged goods must be made in writing to Jewel Fire Systems within 24 hours of receipt.
5.8 Claims for late delivery or non delivery must be made to Jewel Fire Systems within 3 days of date of despatch shown on invoice
5.9 Jewel Fire Systems reserves the right to charge a 15% handling fee-against the return of non-faulty goods.
5.10 Carriage, no charge within the suppliers own vans area on a minimum order of £500. Minimum order value for carriage free delivery on our next day UK mainland service of £500 otherwise the cost of our carriage charge will be additional plus VAT
6. Quality
6.1. If the Purchaser establishes to Jewel Fire Systems’s reasonable satisfaction that there is a defect in the goods or there is some other failure by Jewel Fire Systems in relation to the conformity of the goods with the Contract, then Jewel Fire Systems shall, at its option and at its sole discretion and within a reasonable time:
6.1.1 replace such goods with goods which are in all respects in accordance with the Contract; or
6.1.2 issue a credit note to the Purchaser in respect of the whole or part of the Contract price of such goods as appropriate having taken back such goods, subject, in every case, to the remaining provisions of this Condition provided that the liability of Jewel Fire Systems under this Condition shall in no event exceed the purchase price of such goods and performance of any one of the above options shall constitute an entire discharge of Jewel Fire Systems’s liability under this warranty.
6.2 This Condition shall not apply unless the Purchaser;
6.3 If Jewel Fire Systems elects to replace the goods pursuant to this Condition, Jewel Fire Systems shall deliver the replacement goods to the Purchaser at Jewel Fire Systems’s own expense at the address to which the defective goods were delivered and the legal title to the defective goods which are being replaced shall (if it has vested the Purchaser re-vest in Jewel Fire Systems and the Purchaser shall make any arrangements as may be necessary to deliver up to Jewel Fire Systems the defective goods which are being replaced to Jewel Fire Systems.
6.4 Jewel Fire Systems shall be under no liability under the warranty in this Condition;
6.4.1 in respect of any defect arising from wilful damage, negligence, abnormal storage conditions, failure to follow Jewel Fire Systems’s or the manufacturers instructions whichever is appropriate (whether oral or in writing).
6.4.2 If the total price for the goods has not been paid by the due date for payment;
6.4.3 In respect of any type of defect or damage specifically excluded by Jewel Fire Systems by notice in writing; or
6.4.4 If the Purchaser makes any further use of the goods after giving notice in accordance with this Condition.
6.5 The warranties set out in this document are the only warranties, which shall be given by Jewel Fire Systems, and all warranties, conditions and other terms implied by statute are expressly excluded.
7. Liability
7.1 Subject to Condition 6 above this Condition sets out the entire liability of Jewel Fire Systems (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Purchaser in respect of;
7.1.1 any breach of the Conditions or the Contract; and
7.1.2 any representation, statement or tortuous act or omission including negligence arising under or in connection with the Contract.
7.2 Nothing in the Conditions excludes or limits the liability of Jewel Fire Systems for death or personal injury caused by Jewel Fire Systems’s negligence, or for fraudulent misrepresentation.
7.3 Liability for any direct loss or damage, which arises out of or in connection with the Contract, shall be limited to the contract value.
7.4 Jewel Fire Systems shall not be liable to the Purchaser for any loss of profit or other economic loss (direct or indirect), indirect or consequential loss or damage, costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) or loss or damage (contractual, tortuous, breach of statutory duty or otherwise) which arises out of or in connection with the Contract, or for any liability incurred by the Purchaser to any other person for any economic loss, claim for damages or awards howsoever arising from the goods or otherwise.
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