Terms & Conditions
JMT TRADE LTD TERMS (GOODS AND SERVICES) DEC 2014
THESE TERMS SET OUT THE BASIS ON WHICH WE MAY SELL PRODUCTS AND SERVICES TO YOU. PLEASE READ THESE TERMS CAREFULLY.
WE DRAW YOUR ATTENTION TO YOUR CANCELLATION RIGHTS IN CLAUSE 8 AND THE LIMITS OF OUR LIABILITY IN CLAUSE 10
1 Words used in these Terms
1.1 In these Terms, when we say:
1.1.1 You or Your, we mean you, the customer ordering and purchasing Products;
1.1.2 We, Us or Our, we mean the JMT Trade Ltd entity from whom you purchase Product(s), being (depending on the circumstances):
• JMT Trade Limited a limited company registered in England (company number 05725535), whose registered office and place of business is, The Workshop, Netherby Street, Longtown, Carlisle, Cumbria, CA6 5SA, United Kingdom and whose VAT registration number is GB 902927918 (this includes JMT Kitchen, Bathroom & Bedroom Manufacturing, JMT Building & Joinery, Simplysomethingelse, Householdhandles, which are all trading names of JMT Trade Limited);
1.1.3 Delivery Terms, we mean the terms that apply to our Product delivery services, full details of which can be found on our Website under Delivery Policy.
1.1.4 Order, we mean an order placed by you for Product(s) in store, through our Website, by telephone or using such other means as we may permit from time to time;
1.1.5 Our agreement, we mean our agreement as defined in clause 2.1;
1.1.7 Product or Products, we mean the goods and products that we sell;
1.1.8 Terms, we mean these terms and conditions of sale; and
1.1.9 Website, we mean the website (www.jmttradeltd.co.uk (or such other URL as we may specify from time to time)) that is operated by us or on our behalf.
1.2 If you order Product(s) on behalf of a company, organisation or other entity, then (i) You (as defined in clause 1.1.1) includes you and that company, organisation or other entity, and (ii) you represent and warrant that you are authorised to bind the company, organisation or other entity to our agreement (including these Terms), and that you agree to our agreement (including these Terms) on behalf of yourself and the company, organisation or other entity.
1.3 These Terms set out the basis on which we may sell Products to you. Please read these Terms carefully. Subject to clause 3.5, by submitting an order for and/or purchasing any Product, you are indicating your acceptance of these Terms and you agree to be bound by these Terms. If you do not accept these Terms, you will not be able to order or purchase any Products from us.
1.4 These Terms are only in the English language. Our agreement will not be filed by us.
1.5 If you view these Terms via our Website, you should print a copy of these Terms or save them to your computing device for future reference.
2 Our agreement
2.1 Each order you place and purchase of Product(s) you make is subject to these Terms, our Delivery Terms (where relevant), and any additional terms that apply to any quote we may give or any promotional or special offers (together our agreement).
3 The order process and formation of the contract between us
3.1 Please see the How to order section of our Website for information on how to place an order via the Website. You will have an opportunity to check and correct any input errors in your orders via the Website up until the point at which you submit your order by clicking the confirm order and pay (or similar) button on the check out page of our Website. Please carefully check your order at each stage of the order process. Once you have clicked the confirm order and pay (or similar) button, you will need to pay for the Products you have ordered via the Website.
3.2 Your order is an offer to purchase from us. When you place an order with us (or otherwise offer to make a purchase from us), you do so in accordance with the terms of our agreement, subject to our acceptance of your order (or offer to make a purchase). If you place an order via our Website (or where we have otherwise stated that we will), we will send you an email acknowledging receipt of your order, together with your order number and details of the Product(s) you have ordered. Please note this email is an acknowledgement and is not an acceptance of your order.
3.3 Unless we have notified you that we do not accept your order (or offer to make a purchase) or you have cancelled it in accordance with our returns policy, we accept your order (or offer to make a purchase) as follows:
3.3.1 subject to clauses 3.3.2 and 3.3.3, where you place an order via the Website, we accept your order when the Products are despatched to you or at the point the Products are collected by you from our workshop (as the case may be);
3.3.2 where you place an order via the Website for Products which are cut, made to measure or mixed to your requirements, or otherwise customised or made to your specifications, we accept your order seven days after the date of your order or when we start to cut, make, mix or customise those Products, whichever is earlier;
3.3.3 where you place an order via the Website for Products which are liable to deteriorate or expire rapidly, we accept your order seven days after the date of your order or when we start to prepare the Products for delivery or collection, whichever is earlier;
3.3.4 where you place an order at our workshop, we accept your order when we provide you with a sales advice confirming that the order has been placed and processed; and
3.3.5 when you place an order by telephone, we accept your order when we confirm that the order has been placed and processed.
3.4 We may choose not to accept your order (or offer to make a purchase) for any reason and we will not be liable to you or to anyone else in those circumstances. If we do not accept your order (whether in whole or in part) we will refund any monies paid in connection with that order (or that part of the order that we do not accept).
3.5 Our agreement is formed when we accept your order (or offer to make a purchase). In relation to orders via the Website, where Products you have ordered fall within two or more of the Product types identified in clauses 3.3.1, 3.3.2 and 3.3.3, a separate agreement is formed for each Product when we accept your order for that Product. The processing of your payment and acknowledgment of receipt of your order (whether by email, telephone or otherwise) does not constitute legal acceptance of your order.
3.6 If we accept your order, we have a legal duty to supply our Products in conformity with our agreement.
4 Buying from us, Description of Goods, Right of Title (Risk and Ownership of Goods)
4.1 You must be 18 or over to purchase Products from us via our Website. Certain Products can only be purchased if you satisfy the legal age requirement for that Product which can be found in the relevant Product description. We are not allowed by law to supply these Products to you if you do not satisfy these age requirements. If you are underage please do not attempt to order or purchase these Products. By ordering and/or purchasing Products you agree that you satisfy the legal age requirements for those Products. We reserve the right not to supply any age restricted Products where we reasonably believe that you are below the relevant legal age for those Products.
4.2 For safety reasons, we reserve the right to restrict sales of gas fittings and appliances to professionally registered plumbers and heating engineers.
4.3 We will take reasonable steps to display as accurately as possible the colours, appearance and other detailing of our Products (and their packaging) in the images that appear on the Website and in our catalogues and other media. However, we do not guarantee that the images, appearance and other detailing that appear on the Website and in our catalogues and other media will exactly reflect the colour, appearance or detailing of the physical Product (or its packaging). Your Products (and their packaging) may vary slightly from those images.
4.4 Natural products may show some colour variation. To the extent permitted by law, we accept no liability associated with such variations.
4.5 Any information on the Website and in our catalogues and other media along with samples provided, regarding sizing, weights, capacities, specifications, dimensions and measurements of Products is included as a guide only. If you are concerned about the precise size, weight, capacity, specifications, dimensions or measurements of any Product you require, we recommend that you contact us prior to placing an order and/or purchasing a Product. They shall not form part of the contract and this is not a sale by sample. Each order shall be considered a separate order and we are unable to guarantee that further orders for the same goods will match the previous order.
4.6 Where fine or special tolerances are required in the goods supplied beyond those generally accepted in the building trade, no liability shall attach to us unless such tolerances are notified in writing to us at the time of order and we have acknowledged in writing that we are prepared to accept such order.
4.7 If your order includes Products that are made according to measurements you provide us, please ensure these measurements are correct and accurate as your right of return as set out in clause 8 below will not be available unless the Products are faulty or incorrectly delivered.
4.8 Where we agree to provide a specifically designed plan as part of or in connection with your order, you will be responsible for checking the accuracy and suitability of the plan and ensuring it meets your requirements before placing an order. Any such plan is, and remains, our property and may not be reproduced in whole or in part without our prior written consent. Any such plan may only be used by you in connection with a quotation or order for Products and/or services from us and/or the provision of Products and/or services by us to you. You are responsible for checking that the details of the plan, and any resulting quotation, are complete, accurate and meet your requirements before committing yourself to an order.
4.9 The goods are at your risk from time of delivery or deemed delivery.
4.10 Ownership of the goods shall not pass to you until we have received in full (in cleared funds) all sums due to us in respect of the goods and all other sums which are or become due to us from you on any account or (if later) the time of delivery.
4.11 Until ownership of the goods has passed to you, you shall hold the goods on a fiduciary basis as our bailee and store the goods (at no cost to us) in satisfactory condition and in such a way that they remain readily identifiable as our property and you shall tell immediately where the goods are situated, and suitable insurance is in situ.
5 Price, delivery charges and availability
5.1 Unless otherwise stated, prices for Products are inclusive of applicable sales tax (including VAT) Sales tax will be applied and will be shown on your invoice at the current applicable rate. Sales tax amounts stated may be subject to rounding variances. The exact amount of sales tax will be shown on the sales tax invoice (where provided). This will not affect the total price inclusive of sales tax.
5.2 Prices for Products exclude delivery charges unless expressly stated otherwise. Delivery charges vary depending on the Product(s) you order, the delivery address and the delivery method you select; please see our Delivery Policy for further details. When you place an order via any of our operated Websites, delivery charges are calculated automatically in your shopping basket depending on your choices and added to your order.
5.3 We may update prices at any time. Despite our best efforts, a small number of the thousands of products we sell may occasionally be mispriced. If this happens then we will not be obliged to supply the Products at the incorrect price or at all. We will (at our discretion) either cancel your order and refund the price you have paid or endeavour to contact you and ask you whether you wish to continue with the order at the correct price. If we are unable to contact you or you do not wish to continue with the order at the correct price, we will cancel your order and refund the price you have paid.
5.4 From time to time we may apply promotional prices to Products, including Website or in-showroom only prices. These promotional prices will only apply in the context in which the promotion is given and are subject to the terms of that promotion. For example, Website only prices will not be applicable to in-showroom orders or purchases, and in-showroom only prices will not be applicable to Website orders or purchases. To take advantage of promotional prices, you must quote the relevant promotion code when you order (where applicable). We may update promotions at any time.
5.5 Prices for commodity goods will be updated regularly, please visit our Website or ask in our showroom for further details.
5.6 Where we provide a quote to you it will be subject to the terms and conditions applicable to that quote.
5.7 All Products are subject to availability. If you order Products which are not available from stock, we will take reasonable steps to contact you to discuss how you wish to proceed. You will have the option to wait until the Products are available from stock, or cancel your order. If the Products are unlikely to be restocked (or we are unable to contact you), we will cancel your order for those Products and refund the price you have paid for those Products.
6 Payments & Interest
6.1 The total cost of your order and/or purchases is the price of the Products and applicable delivery charges.
6.2 We must receive payment in advance before your order and/or purchase can be processed, unless we have agreed otherwise in advance in writing.
6.3 Payment can be made by most major credit or debit cards, and by other online payment methods.
6.4 If you use a credit/debit card to pay for your order, you must use your credit/debit card or a credit/debit card that you are otherwise authorised to use. All credit/debit card holders are subject to validation checks by third parties and authorisation by the card issuer. If the issuer of the card refuses to authorise payment or any other validation checks return adverse results, we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal. If you use PayPal to pay for your order and the issuer of the card or the payment provider that operates the account that you use to fund or which is linked with your PayPal account refuses to authorise payment, we reserve the right to reject your order and will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the rejection.
6.5 We are not responsible for the card issuer or bank charging the cardholder as a result of our processing of the credit/debit card payment in accordance with your order.
6.6 You are responsible for all orders placed by your authorised employees.
6.7 Payment for goods and/ or services supplied on a credit account shall be due not later than the 20th of the month following the month of delivery or deemed delivery of the goods and/ or services. If you default in making payment, the entire balance of your account shall be payable immediately and we may charge interest, together with costs and expenses, in accordance with 6.10.
6.8 For non credit account purchases, payment shall be with the order or, at our discretion, on delivery or deemed delivery.
6.9 Time for payment shall be of the essence. You shall make all payments in pounds sterling and in full without any deduction.
6.10 If you fail to pay us any sum due (and whether or not any part of your account is subject to query), we may, in addition to our rights under 10.3, appropriate
any payment made by you to such of the goods and/or services (or such goods or services supplied under any other contract between you and us) as we may think fit; and you shall be liable to pay us interest on such sum at the annual rate of 8% above the base accordance with the Late Payment of Commercial Debts (Interest) act 1998 (as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002) from the due date for payment until payment is made in full, whether before or after any judgment, together with all costs and expenses incurred by us in recovering sums due or exercising our rights under this provision, including our debt recovery fees at a rate of 6% of the total amount outstanding.
6.11 Credit accounts may only be opened at our discretion and are subject to satisfactory references and signed personal Guarantee. We may set a maximum amount of credit allowable upon each account and withdraw credit facilities without explanation. You agree that we may obtain, retain, and provide to third parties, references as to your financial standing. Any change in the constitution of your organisation must be notified to JMT Trade Ltd in writing prior to it occurring in order that credit facilities to the reconstituted organisation may be put in place, subject always to our discretion and our confirmation in writing. Until new credit facilities are agreed, the existing entity and any new entity shall be jointly and severally liable for any debt due to us.
7 Delivery of Goods, Export of Goods and Bribery Legislation
7.0 Unless otherwise agreed with us, delivery of the goods shall take place at our place of business. Delivery shall occur when you take possession of the goods at our premises or (where we agree to deliver) when the goods are ready for unloading at the delivery address.
7.1 If you order Products for delivery then the terms that apply to that delivery will depend upon the Product(s) that you order, the delivery address and the delivery method you select. Unless we specifically agree otherwise, we only deliver to the areas indicated in our Delivery Terms. Depending on your location, some Products may only be available to collect from our place of business.
7.2 You can see our Delivery Terms on the our Website.
7.3 Subject to availability and our Delivery Terms, where we have agreed to deliver the Products, we will use reasonable endeavours to do so on any specified date we agree, or if no date is specified, within 45 working days of the date of your order. In the case of circumstances beyond our reasonable control (for example, adverse weather conditions, unpredictable delays caused by traffic congestion, road works, diversions or mechanical breakdowns, in each case to the extent beyond our reasonable control) we may not be able to deliver the Products within these timescales and we will not be liable for any delay or failure to deliver the Products if the delay or failure is wholly or partly caused by such circumstances. In the event that a delivery does not take place, we and you will agree an alternative delivery date.
7.4 You must also do all that you reasonably can to enable the delivery to take place on the given date. If we are unable to deliver the Products as a result of your action or inaction (for example, you are not present at your property), we will need to arrange an alternative delivery date and we reserve the right to charge you a further fee for this.
7.4.1 If you fail to accept delivery of any goods when they are ready for delivery, or we are unable to deliver the goods because you have not provided appropriate instructions, documents or consents, we shall be entitled to immediate full payment and risk in the goods shall pass to you. We may store such goods until delivery and you shall be liable for all related costs and expenses arising from such non delivery including transport and storage costs. If you fail to accept delivery of the goods within 6 months of the date of contract, we may sell or dispose of those goods (whether or not you have paid for them). Storage or disposal costs shall be recoverable by you. Any net proceeds of any sale shall be held on trust for you.
7.4.2 We will deliver to site provided that there is a suitable road to the point where delivery is requested. If no such road exists, delivery will be made to the nearest point at which, the driver’s opinion, the vehicle can safely and lawfully unload. You shall be responsible for safely and lawfully unloading the goods and shall provide all necessary labour and equipment. We may charge you an additional fee if you delay in taking delivery of the goods when tendered. If any goods, packaging or container has been delivered and deposited, whether on the public highway or elsewhere, you shall be responsible for all steps that need to be taken for the protection of persons or property in relation to such goods, packaging or containers and shall indemnify us in respect of all or any costs, claims, losses or expenses which we may incur as a result of such delivery.
7.4.3 We shall not be liable for any shortages in quantity delivered unless you give written notice to us of such shortages within two working days of delivery. In any event our liability shall be limited to making good the shortfall or (at our option) issuing a credit note or refund at the pro rata contract rate against any invoice raised for such goods.
7.4.4 We may deliver the goods by separate instalments. Each instalment shall be a separate contract and cancellation or termination of one instalment shall not entitle you to cancel any other instalment.
7.4.5 Any query about delivery shall be made as soon as possible and in any event within twenty eight days of the date when the goods would in the ordinary course of events have been delivered else the goods shall be deemed to have been delivered in accordance with the contract.
7.4.6 We shall not be responsible for taking back any non-chargeable packaging/pallets.
7.5 For reasons of health and safety and to avoid any property damage, certain Products can only be delivered to the exterior of a ground floor location at the delivery address. You must therefore make your own arrangements at your own risk if the relevant Products need to be transported from the delivery location. We will not provide any unpacking, installation, fitting or waste removal services, unless otherwise agreed by us.
7.6 Unless we have agreed otherwise, Products must be signed for on delivery by a person aged 18 or over. Delivery will be completed when we deliver the Products to the address you specified in your order.
7.7 If you do not receive your Products on the stated delivery date, you must notify us immediately. We recommend that you do not schedule or commence any installation work until after you have received your ordered Products and checked all of them for any defects or missing parts.
7.8 Each Product remains our property until you have paid for it in full or we have provided the Product to you (whichever occurs later), whereupon you will own the Product. On delivery of the Products to you or collection of the Products by you (as the case may be), the Products shall be at your risk and responsibility and you will be responsible for their safekeeping and we will not be responsible for any damage or fault arising from incorrect storage.
7.9 Until ownership of the Products passes from us to you, you shall hold the Products on our behalf and shall store the Products at your own cost separately from all other products in your possession and marked in such a way that they are clearly identified as our property. We may, before ownership of the Products passes to you, require you to deliver up the Products to us and, if you fail to do so, may repossess the Products. You grant us an irrevocable licence to enter, with or without vehicles, any of your premises for the purpose of inspecting or repossessing the Products.
7.10 EXPORT/ Overseas Contracts (if applicable)
(a) In relation to goods sold outside the UK, the Channel Islands and the Isle of Man, risk in the goods shall pass to you when they leave our premises. Shipping and insurance shall be payable by you but will be managed by us unless otherwise agreed. You are responsible at your own expense for obtaining any license and complying with any export or import regulations in force within the UK and any country for which the goods are destined. Certain goods imported from the United States of America are subject to specific restrictions. We reserve the right not to supply certain customers or countries and may require from you full details of the end use and final destination/consumer of the goods.
7.11 Compliance with Bribery Legislation
(a) You agree that you will not, in connection with the goods or services to be supplied under this contract, bribe or attempt to bribe us, or any of our employees, agents or affiliates nor cause us to be in violation of any applicable bribery or anti money laundering laws. We may terminate the contract in the event of your breach of this clause. You shall indemnify us against all liabilities, costs, expenses, damages, claims, demands and losses suffered or incurred by us arising out of or in connection with any breach of this clause, whether or not the contract has been terminated.
8 Cancellation and Returns
8.1 Please keep your proof of purchase for anything you buy from us, doing so will ensure we can help you if you need to return something back.
8.2 We may, at our discretion, accept or reject the cancellation of any contract or the return of any goods not required. Any such cancellation or return shall be on such terms as we specify and in particular we may charge you a handling fee and all costs incurred on cancelled orders.
8.3 Where you are a “consumer” under a distance contract” (both as defined in the Consumer Contract (Information, Cancellation & Additional Charges) Regulations 2013) you may cancel a contract within fourteen days after the date the goods are delivered. You must return the goods to our workshop or request us to collect the goods, at your cost. This term shall not apply to any goods specially obtained or made for you or which are liable to deteriorate or expire rapidly. Any refund will only include standard deliver charges (where relevant)
8.4 We shall be entitled to cancel or suspend a contract if you fail to pay us any sum due pursuant to the contract (whether or not any party of your account is subject to query) or any of the following events occurs or we believe is likely to occur;
(a) you have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take a benefit for the relief of insolvent debtors; or
(b) you convene a meeting of creditors or enter into liquidation: or
(c) you have a receiver and/ or manager, administrative receiver appointed over your undertakings or any part of; or
(d) a resolution is passed or a petition presented to any court for your winding-up or for the granting of an administration order in your respect, or any proceedings are commenced relating to your insolvency or possible insolvency; or
(e) you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you; or
(f) you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade; or
(g) any event similar to the above occurs; or
(h) you fail to observe or perform any of your obligations under the contract or any other contract between us and you; or
(i) you encumber or in any way charge any of the goods
8.2 You may cancel your order (or part of it) before despatch or within 14 days of delivery by emailing us at email@example.com or writing to us at; Cancellations Department, JMT Trade Ltd, Netherby Street, Longtown, Carlisle , Cumbria, CA6 5SA, please state all relative details, we are unable to accept cancellations via phone.
8.3 You will lose your right to cancel after the expiry of the 15 day period referred to in clause 8.2 (this does not affect your rights if there is any problem with the Products).
8.4 You may use the cancellation form within our Returns Policy on our website, but you do not have to.
8.5 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
8.6 The right to cancel your order set out above is subject to the following exclusions:
8.6.1 Products which are cut, made to measure or mixed to your requirements, or otherwise customised or made to your specifications will not be exchanged or refunded unless they are faulty or incorrectly delivered;
8.6.2 Products which are liable to deteriorate or expire rapidly, will not be exchanged or refunded unless they are faulty or incorrectly delivered;
8.6.3 your right of cancellation does not apply to Products which are not suitable for return due to health or hygiene reasons, if you have opened the Product packaging after delivery or collection; and
8.6.4 your right of cancellation does not apply to Products which become mixed inseparably with other items after delivery or collection (which may be the case where the Products are installed).
8.7 In relation to Products delivered to you, you may need to take delivery of the Products before you can cancel your order if the Products are placed into our delivery process before we receive your notice of cancellation. This does not affect your rights under this clause and clause 9.
8.8 Following cancellation, we will refund you the price paid for the cancelled order (or part of the order cancelled), less any collection or return costs or charges (if any). Where you cancel the entire order, we will also refund the standard delivery charges paid (if any), or an amount equal to those charges if you elect to use a more expensive delivery method. Where you cancel part of an order, we may recalculate any applicable delivery charge and deduct this from the refund. We will pay the refund within 14 days after the day:
8.8.1 you notified us to cancel your order, where you have not received the Products (and the Products have not been despatched to you); or
8.8.2 we receive the Products you returned to us, where you are in receipt of the Products; or
8.8.3 you provide us with a proof of return for the Products, where you have returned the Products but we have not yet received them.
8.9 If you paid for your order using a credit/debit card, we will refund you on the credit/debit card used to pay for the order; if you paid for your order by Bacs, we will also use this method for the amount of the refund; if you paid for the order in cash, we will refund you in cash or, at our discretion, by Bacs or cheque; if you paid for your order using an discount/credit code, we will issue a discount/credit code for the amount of the refund. If you paid for your order using an online payment service (such as PayPal) , we will refund you on the account or using the online payment method you used to pay for the order, unless we agree otherwise with you.
8.10 You must arrange for the return of the Product(s) as soon as possible and in any event not later than 14 days after the day on which you cancel your order, unless we agree that you may dispose of the Products (in which case you must comply with any disposal instructions). Unless the Product(s) is(are) faulty or not as described or purchased and delivered simultaneously while we are in your property, you will be responsible for the cost of returning the Product(s). For certain Products we offer a collection service. Please contact us for further details. We may charge a fee for this service.
8.11 You must keep the Product(s) you wish to return in your possession and take reasonable care of the Product(s) at all times while they are in your possession. This means that you must not use the Products (except to the extent reasonably necessary to inspect and examine them).
8.12 We reserve the right to make a deduction from the amount of any refund for loss in value of the Products returned where the Products show signs of unreasonable use; for these purposes, unreasonable use includes handling the Products beyond what is necessary to establish the nature, characteristics and functioning of the Products, in particular, if it goes beyond the sort of handling that might reasonably be allowed in a shop. Where you are in possession of the Products (or they have been despatched to you), we may withhold any refund until we have received the Products or you have supplied proof of return for the Products.
8.13 We reserve the right to require proof of identity.
YOUR CONSUMER RIGHTS ARE NOT AFFECTED
9 Faulty Products
9.1 On receipt of the Products you must check they match your order. If there is any problem, or if they are defective or damaged you must notify us as soon as is reasonably possible. Claims may be reduced or rejected if we have not been given an opportunity to put matters right.
9.2 In addition to the right to cancel an order as described in clause 8, if there is a problem with your order or the Product(s) you purchase is(are) faulty, we may make good any shortage or non-delivery, or offer a repair, exchange or refund as appropriate in accordance with your consumer rights. Please call us on 01228 791909 lines are open 9am to 4pm weekdays, or e-mail us at firstname.lastname@example.org to arrange. Alternatively, you can return faulty Products to our workshop via arrangement..
10 Limitation of Liability
If you are acting as a consumer
10.1 If you are acting as a consumer (which for these purposes means anyone who acts outside the course of a business, trade or profession) in your ordering and/or purchasing of Products, to the extent not prohibited by law, we accept no liability for any:
10.1.1 loss which is not foreseeable (loss is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you and we entered into our agreement);
10.1.2 loss which arises when we are not at fault or in breach of our agreement; and
10.1.3 business loss (which includes loss of profits, loss of business, contracts, goodwill, business opportunity and other similar losses).
10.2 If you are acting as a consumer, you may have certain legal rights regarding claims in respect of losses caused by our negligence or failure to carry out our obligations. Nothing in our agreement is intended to limit your legal rights as a consumer. For further information about your legal rights you can contact your local authority Trading Standards Department or Citizens Advice Bureau.
10.3 If any goods or services are defective due to defective workmanship or material, we shall (at our option) repair or replace such goods (or the defective part) or rectify the defective service or refund the price of such defective goods or services at the pro rata contract rate provided:
(a) you give us written notice of the defect within seven days of the date of delivery or completion of the services or, in the case of a defect which is not discoverable upon reasonable examination, within seven days of the time when you discover or ought to have discovered the defect (and in any event within twelve months from date of delivery or completion of the services);
(b) we are given a reasonable opportunity after receiving notice to examine such goods and/ or services (in situ) and (if asked to do so by us) you return such goods to our place of business for the examination to take place there;
(c) where a third party manufactures warranty is in place (solely at their discretion) they may repair or replace such goods (or the defective part).
If you are acting as a business customer
10.3 If you are acting in the course of a business, trade or profession in your ordering and/or purchasing of Products (a business customer), we shall have no liability to compensate you (whether in contract, tort (including negligence), breach of statutory duty or otherwise), other than any refund we make under our agreement or otherwise at our discretion.
10.4 Without prejudice to clause 10.3, if you are acting as a business customer in your ordering and/or purchasing of Products, we accept no liability (whether arising in contract, tort (including negligence), for breach of statutory duty or otherwise) for any of the following losses:
10.4.1 loss of profits, revenue, sales, income, or business;
10.4.2 loss of savings;
10.4.3 loss of use or production;
10.4.4 loss of goodwill;
10.4.5 business interruption;
10.4.6 subject to clause 9, remedial costs if the Products are damaged or defective;
10.4.7 damage to property or possessions through use or misuse of the Products;
10.4.8 loss caused by delay or other late performance; and
10.4.9 indirect or consequential losses.
10.5 If you are acting as a business customer in your ordering and/or purchasing of Products, you acknowledge and agree that all our obligations to you are set out in our agreement.
10.6 If you are acting as a business customer in your ordering and/or purchasing of Products, except as set out in our agreement, all other terms, warranties, representations and conditions implied by statute, common law or otherwise (including fitness for purpose) are excluded to the fullest extent permitted by law.
10.7 Subject to clause 10.8, we will not be responsible to you or, if you are undertaking work for another person, to any other person, for the use or installation of any Products by you (or on your behalf). Accordingly, as a business customer, you hereby agree to hold us harmless, and indemnify us, against any liability associated with any claim or allegation that we are responsible for any failings in the installation or use of Products that we supply.
Liability provisions that apply whether you act as a consumer or business customer
10.8 Nothing in our agreement limits or excludes our liability for fraud or fraudulent misrepresentation, death or personal injury caused by our negligence or for any other liability which cannot be limited or excluded by law.
10.9 Our Website, catalogues and other media may contain information and materials created and submitted by third parties, and, subject to clause 10.8, we exclude liability for all losses arising from any error, omission or inaccuracy in any such information and material.
11 Our rights to cancel
11.1 We may cancel our agreement by notice in writing to you if you are in breach of our agreement, you become unable to pay your debts when they fall due or proceedings are or are reasonably likely to be commenced by or against you alleging bankruptcy or insolvency or an administrator, receiver or administrative receiver is appointed or is reasonably likely to be appointed over all or part of your undertaking and assets. Upon cancellation, any money due to us in respect of our agreement which has been cancelled shall become immediately due and payable and we shall be under no further obligation to supply Products to you, provided that where you have paid for Products in advance of our cancellation of our agreement, we shall, at our discretion, supply those Products to you or cancel the supply of those Products and refund you the price paid for those Products.
12 Force Majeure, Events beyond our control
12.1 We shall have no liability to you for any failure or delay in supply or delivery, nor if performance of any of our obligations is prevented or restricted, nor for any damage or defect to Products supplied or delivered under our agreement, in each case that is caused by any event or circumstance beyond our reasonable control (including, without limitation, the following to the extent these are outside our reasonable control: accidents, extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, acts of God, terrorist attack, war, civil commotion, riots, strikes, Pandemics (including government working restrictions imposed), lockouts and other industrial disputes, acts or restraints of Government, and imposition of restrictions on imports or exports).
13 Disposal of electrical and electronic equipment and Waste, Health & Safety
13.1 For purchases made in the UK. The WEEE regulations aim to ensure waste from certain electrical and electronic equipment is reduced, separated from household waste, and ultimately disposed of in a sound environmental manner. If you are a business customer (as defined above), you agree that the collection, recovery/treatment and disposal of non-household electrical or electronic equipment purchased from us will be your responsibility. In the case of household waste, please take this waste to your nearest designated collection facility (DCF). To find your nearest DCF go to www.recycle-more.co.uk.
13.2 You will be responsible for the disposal of any waste arising from the goods and will comply with all applicable laws, regulations and waste management licences relating to such waste, including the appropriate disposal by you of any goods marked with a crossed out wheelie bin symbol, save where you are a consumer and it is our responsibility at law. You will indemnify us against all costs, claims, liabilities and expenses arising from any breach by you of this provision.
13.3 Certain goods supplied by us could, if incorrectly used, give rise to risks to health and safety. Information in respect of such goods is available from us or maybe explained on the product purchased. You undertake that you will ensure compliance by your employees, agents and customers with any instructions given by us or the manufacturer or our supplier and will take any other steps or precautions, having regard to the nature of the goods, as are necessary to preserve the health and safety of any person handling, using or disposing of them.
14 Your information
14.2 Calls to our offices may be monitored and/or recorded for quality control and training purposes.
15.1 If you make a complaint, we will endeavour to keep you informed either by telephone or email at each stage of the complaints handling process and will endeavour to fully resolve your complaint as soon as possible.
16 Contacting us and you
16.1 If you have any questions, complaints or concerns with respect to your order or these Terms, please contact us as follows:
16.1.1 by telephone: on 01228 791909 (lines are open 9am to 4pm weekdays.
16.1.2 by email at: email@example.com or
16.1.3 by post at: JMT Trade Ltd, The Workshop, Netherby Street, Longtown, Carlisle, Cumbria, CA6 5SA.
16.2 Any formal legal notices should be sent to JMT Trade Ltd, The Workshop, Netherby Street, Longtown, Carlisle, Cumbria, CA6 5SA, marked for the attention of the Company Secretary.
16.3 If we have to contact you or give you notice in writing, we will do so by email or by hand or by pre-paid post to the consumer/business address (last known) you provide to us in your order or we otherwise hold for you. Any notice shall be deemed delivered two days after posting or on the next working day after written contact is made.
17 Governing law and venue for disputes
17.1 Subject to clause 17.2, you and we agree that our agreement is governed by the law of England and Wales and that any dispute between you and us arising out of or in connection with our agreement (including non-contractual disputes or claims) will only be dealt with by the courts of England and Wales.
17.2 Regardless of clause 17.1, you and we agree that if:
17.2.1 you are a consumer (as defined in clause 10.1) resident in a part of the United Kingdom other than England and Wales, the law of that part of the United Kingdom will apply to our agreement and any dispute between you and us arising out of or in connection with our agreement (including non-contractual disputes or claims) will be dealt with by the courts of English and Wales.
18 Other important terms
18.1 If any provision of our agreement (including any provision in which we exclude or limit our liability to you) is found to be invalid or unenforceable in whole or in part, the validity of the other provisions of our agreement and the remainder of the provision in question shall not be affected.
18.2 No person other than you and us shall have any rights to enforce our agreement, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
18.3 If we fail to insist that you perform any of your obligations under our agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
18.4 You may not assign or transfer your rights or obligations under our agreement, unless we agree in writing.
18.5 Before working with electricity, gas or water you should always consult an appropriate professional electrician or plumber with appropriate qualifications and accreditations (for example, Gas Safe registered). Always read and follow any relevant manuals and safety instructions. When working with electricity always turn off the mains.
18.6 Asbestos may be found in some older properties. If you have any concerns about the presence of asbestos you should seek advice from a licensed asbestos company.
18.7 In connection with building work, we cannot advise on planning permission or building regulation issues. You are responsible for obtaining all necessary planning permission and local authority
consents and permissions (and all other relevant consents and permissions) for any work to be carried out and allowing us or our agent to inspect these prior to the commencement of work.
18.8 We may update, vary and amend these Terms from time to time without prior notice. Each time you order or otherwise purchase a Product from us, the Terms in force at that time will apply as set out on our Website. Please on our Website to ensure that you understand which Terms apply. These Terms were last updated on 5 June 2020.