Important Confidential Information
These Conditions of Sale and any warranties do not affect your statutory rights under the Sale of Goods Act 1979, as amended.
These are the conditions of sale of John Hornby Skewes & Co. Ltd., who shall be referred to as ‘The Vendor’. An ‘Applicant’, is any person, firm, company or organisation which applies to The Vendor, for ‘Trade Terms’, as defined by these Conditions of Sale. ‘The Purchaser’ is any Applicant to whom or to which The Vendor agrees to sell ‘The Goods’ and such agreement is herein after called ‘The Order’. The term ‘Goods’, ‘The Goods‘ or ‘Merchandise’ shall, where the context so permits include unit parts, accessories, repairs and services. The term ‘The Brand(s)’ will also be taken to mean The Vendor’s ‘Goods’ in all contexts. The term “Consumers” or “The Consumer” refers in all contexts to the persons or entities to which The Purchaser sells The Vendor’s Goods. The term “The Carrier”, “Carrier” or “Carriers” refers to any method by which The Vendor delivers The Goods to The Purchaser.
Trade Terms will only be granted by The Vendor at its sole discretion, to Applicants that are legally constituted companies or traders operating as stocking resellers of The Vendor’s Goods, trading from recognised commercial premises, who have been visited and approved by The Vendor’s representative, or who have been accepted by The Vendor without a visit, but in all cases who have accepted The Vendor’s Conditions of Sale by returning to The Vendor a fully completed and signed Application for Trade Terms.
The Vendor reserves the right not to supply merchandise to any company that trades in competition with it.
NEW ACCOUNTS – NEWLY OPENED BUSINESSES/ ESTABLISHED BUSINESSES
To be granted Trade Terms by The Vendor, on a Pro-Forma, or open account basis, The Applicant must provide satisfactory trade, private and/or bank references, or otherwise satisfy The Vendor of The Applicant’s Bona Fides.
OPEN ACCOUNT FACILITIES
The Vendor will, consider granting open account terms solely at its discretion or after The Purchaser has conducted continuous trade with The Vendor on a Pro-Forma basis for a period determined by The Vendor, and to a level of activity which The Vendor considers a satisfactory indicator of The Purchaser’s trading potential, payment history and intent.
The Purchaser will advise The Vendor of any and all changes to The Purchaser’s senior management structure, ownership or methods of doing business which may reasonably be considered to have the potential to affect The Purchasers obligations to The Vendor, who retains the right to require The Purchaser to complete a revised Application For Trade Terms for consideration of any changed circumstances.
The Vendor reserves the right, at its absolute discretion, to require The Purchaser to complete an interim Application For Trade Terms in order that The Vendor might keep its information fully up to date.
OPEN ACCOUNT CREDIT LIMITS
Credit limits applied by The Vendor to an open account facility will be set solely at the discretion of The Vendor, and kept under review on the basis of The Purchaser’s conduct of the account. The Vendor reserves the right to withdraw The Purchaser’s open account facility and change The Purchaser’s Trade Terms temporarily or permanently to Pro-Forma status, or withdraw Trade Terms permanently.
Invoices issued by The Vendor will be subject to 3.75% discount if paid on pro-forma (payment up front) or 2.5% discount if payment received by The Vendor within 14 days from invoice date. Or, payment by the 20th of the month following date of invoice, strictly net. Discount is not applicable to ancillary charges such as carriage and packing charges. In the event of non-payment within the foregoing terms The Vendor reserves the right to charge interest on any outstanding balance at current MLR plus 3%.and levy costs at The Vendor’s discretion to defray any additional administrative expenses incurred in pursuing and collecting overdue monies. If at any time it becomes necessary to employ a third party to recover payment for Goods delivered, and additional charges are incurred by The Vendor, then all costs, disbursements and fees will be payable by the debtor. All credit card transactions/payments shall be nett.
In the event of non-payment by the due date, The Vendor reserves the right to suspend The Purchaser’s open account facilities. During any period of suspension no transactions relating to new orders, replacement orders, warranty or service work will be undertaken. Prior to re-establishing Trade Terms on open account, the Vendor reserves the right to conduct a full review of The Purchaser’s credit status.
RETURNED CHEQUES/“Chargeback” Credit Card Payments
In the event of a cheque being returned "refer to drawer" or a credit card company or bank charging back a payment The Vendor will pursue the debt through the usual channels, debiting to The Purchaser’s account any charges and other additional administrative costs incurred.
Risk for The Goods will pass to The Purchaser from the date of delivery by The Vendor to The Purchaser, from the date The Purchaser’s agent collects The Goods from The Vendor or from the date of delivery by its Carriers to The Purchaser whichever is the case.
TITLE TO GOODS
Property in Goods shall remain with The Vendor until The Vendor has received payment in full of all sums due in respect of supplies of Goods, materials and service at any time. The Purchaser shall either store Goods and materials owned by The Vendor in a way which makes them clearly identifiable as The Vendor’s property, or maintain records of Goods and materials owned by The Vendor, and shall identify them to The Vendor on demand. Failing such identification, all Goods and materials supplied by The Vendor in The Purchaser’s possession shall be deemed to belong to The Vendor to the extent of all sums due to The Vendor and, with regard to products of identical type supplied by The Vendor to The Purchaser over a period of time and on a number of different invoices, any stock remaining unsold at any time will be taken as relating to that supplied on the most recently dated invoice(s).
If unpaid-for Goods are sold to a third party by The Purchaser, then Title to The Goods remains with The Vendor until such time as The Purchaser pays The Vendor in full for such Goods. If The Purchaser shall sell, other than as a normal retail, or otherwise dispose of The Vendor’s Goods or make any insurance claim in respect of them, prior to making payment in full for them, The Purchaser shall immediately inform The Vendor, and will not give any warranties or incur any liability on behalf of The Vendor. The proceeds of any such sale or other disposition (or claim thereto) or any insurance proceeds (or claim thereto) shall belong to The Vendor, to the extent of all sums due to The Vendor. On request from The Vendor at any time such proceeds shall be paid into a separate bank account and held in joint names on trust for The Vendor.
If any Goods or materials owned by The Vendor are incorporated into other Goods and materials, title to the resulting composite or mixed Goods shall vest in The Vendor and shall be retained by The Vendor for as long as and on the same terms as those on which it would have retained title to the original Goods or materials.
If The Purchaser fails to make all payments when due, enters into bankruptcy, liquidation or a composition with its creditors, has a receiver or manager appointed over any of its assets or becomes insolvent, or if The Vendor has reasonable cause to believe that any of these events may occur, The Vendor shall have the right, without prejudice to any other remedy of The Vendor to repossess The Goods and materials without prior notice and The Purchaser will permit The Vendor to enter any premises for the purpose of such repossession. Any such Goods repossessed, recovered, or accepted back by The Vendor for any reason will be subject to a minimum re-stocking fee of 15% of The Goods value, levied against the original invoice(s), and an adjustment made against any eventual credit note, refund or allowance to accommodate all original administrative costs, outward carriage costs, and all subsequent return carriage costs. The actual amount of the credit issued by The Vendor will be based solely on The Vendor’s assessment of the realisable value of such Goods. Nothing in this Condition shall give The Purchaser any right to return Goods sold hereunder. The Vendor may sue The Purchaser for the full invoiced price when due, notwithstanding that property in The Goods may not have passed to The Purchaser.
The Vendor will endeavour to provide a same day service to all orders subject to prevailing circumstances. The Vendor, with discretion, will have the right to substitute such similar Goods as it shall reasonably deem expedient and any such substitution shall not give rise to any claim against The Vendor provided that such an act shall not have substantially diminished the quality and performance of The Goods in question. Orders or part orders for Goods out of stock, which The Vendor is unable to substitute, will be held outstanding until such a time as stocks allow The Vendor to despatch. If no time for delivery is specified, and unless The Purchaser notifies The Vendor to the contrary at the time of purchase, The Purchaser shall be bound to accept the remaining Goods when they are ready for delivery by The Vendor.
The Vendor reserves the right to invoice back order items referenced to the prices in force at the date of despatch, which will not necessarily agree with the prices in force at the time of ordering .
Orders for Goods required by The Purchaser in special finishes, sizes, specification or in any other way different from the standard goods The Vendor offers etc., will be only be accepted on the basis of an irrevocable purchase order. No cancellation for Special Order goods will be accepted once the order for The Goods has been accepted by The Vendor’s supplier. In certain instances, at The Vendor’s discretion, and before acceptance of any such Special Orders, The Vendor may require a minimum deposit of 33% of the total goods price offered by The Vendor, and accepted by The Purchaser.
Any delivery dates provided by The Vendor relating to Special Order goods will be based upon best estimates provided by The Vendor’s supplier. The Vendor offers no guarantee that their supplier’s delivery estimates will be met, and The Vendor accepts no responsibility or liability in the event of late delivery.
Any prices offered in respect of Special Order goods are advisory only and may be subject to change dependent upon changes made by The Vendor’s supplier, currency fluctuations, regulatory changes, or other circumstances beyond The Vendor’.
GRADED GOODS (Seconds) and ‘B Stock’
Orders placed for Goods that are from The Vendor’s Graded Goods (seconds) and ‘B Stock’, being products that are soiled, damaged, faulty and not first-grade, are sold by The Vendor, and accepted by The Purchaser strictly on a sold as seen basis without trade or consumer warranty. The Purchaser agrees to accept that the purchase contract at the agreed pricing is irrevocable. Graded Goods (Seconds) and ‘B Stock’, will not be accepted back for repair, credit or replacement by The Vendor for any reason.
All Graded Goods transactions will be conducted on a “cleared funds at point of sale” basis. Carriage is payable on all Graded Goods transactions.
Graded Goods (Seconds) and ‘B Stock’ are identified by either or both the letters “J” for Graded Goods and “B” for ‘B stock’ stamped in a visible location on the product. All such goods must be clearly identified by The Purchaser as such in The Purchaser’s offer for sale of such goods to Consumers.
Carriage will be paid by The Vendor on all orders above The Vendor’s carriage paid threshold excluding V.A.T. (except where special delivery services have been requested, in which case The Vendor will advise The Purchaser of the carriage charges, which The Purchaser agrees to pay in full). Orders below The Vendor’s carriage paid threshold will be consigned with appropriate carriage charges for The Purchaser’s account.
The Vendor reserves the right to charge carriage on any order balances for back ordered Goods.
Full details of prevailing carriage paid threshold(s) and carriage charges are available, on demand, from The Vendor.
In exceptional circumstances and solely at the discretion of The Vendor, cancellations may be accepted. Verbal cancellations will only be valid if they are immediately confirmed in writing by The Purchaser and sent to The Vendor by e-mail, Facsimile transmission or Recorded Delivery post.
Where Goods have already been despatched by The Vendor, a cancellation will only be considered on condition that The Purchaser agrees to accept a minimum re-stocking fee of 15% of The Goods value, levied against the original invoice(s), and an adjustment made against any eventual credit note, refund or allowance to accommodate all original administrative costs, outward carriage costs, and all subsequent return carriage costs. Verbal cancellations, if accepted by The Vendor, will only be valid if they are immediately confirmed in writing by The Purchaser and sent to The Vendor by e-mail, Facsimile transmission or Recorded Delivery post. The actual amount of the credit issued by The Vendor will be based solely on The Vendor’s assessment of the realisable value of such Goods.
If The Purchaser refuses Goods at the point of delivery, as a means of attempting to cancel an order, and for which The Vendor has not received a written or verbal request for cancellation from The Purchaser, The Purchaser will be debited with a minimum re-stocking fee of 15% of The Goods value, levied against the original invoice(s), and an adjustment made against any eventual credit note, refund or allowance to accommodate all original administrative costs, outward carriage costs, and all subsequent return carriage costs. The actual amount of the credit issued by The Vendor will be based solely on The Vendor’s assessment of the realisable value of such Goods.
RECOMMENDED RETAIL PRICES/V.A.T.
The Vendor publishes Recommended Retail Prices including the prevailing rate of UK VAT on its B2C website, with nett trade price information available to registered Purchasers on its B2B website and via its trade catalogue. The Vendor will endeavour to maintain these resources as accurately as possible. However, from time to time price amendments become necessary and The Vendor reserves the right to alter prices without prior notice at any time. The Purchaser is asked to either confirm the supply price with The Vendor or on demand with its sales representatives, or calculate selling prices from The Vendors invoices and not necessarily rely exclusively on any other price information published by The Vendor.
In view of The Vendors expertise and market knowledge it may, from time to time, elect to propose to Purchasers, Suggested Retail Prices to provide guidance as to the potential market value of its Products. Any Recommended Retail Prices, or Suggested Retail Prices will in no way be binding upon The Purchaser, who will remain entirely free to decide its own selling price for The Products.
E-COMMERCE, THE PURCHASER’S OFFER OF THE VENDOR’S GOODS TO CONSUMERS AND THE PURCHASER’S PRESENTATION OF THE VENDOR’S GOODS AND BRANDS TO CONSUMERS
The Purchaser will only offer or sell the Vendor’s products via any third party online auction site or e-marketplace such as E-Bay or similar with the express prior written consent of The Vendor.
All prices listed in The Stockist’s presentation to consumers, via any authorised channel/media, should reference JHS’ prevailing Recommended Retail Prices and Suggested Retail Prices full details of which are available on demand.
The Purchaser will at all times present The Vendor’s Products in a positive manner, consistent with The Vendor’s notified corporate identity and brand image, using only theauthorised images, logos, and other descriptive material supplied or approved by The Vendor and available from The Vendors resources at the Media Library. The Purchaser will at all times recognise the Vendor’s rights in all regards.
The Purchaser will only list for sale, via any channel/media, those products offered by The Vendor which The Purchaser is able to list as available to sell immediately.
Items offered by The Vendor, which the Purchaser is unable to list as available to sell immediately should not be listed for sale via any channel/media.
These are, by convention, generally calculated on the basis of 35.4838% discount from The Vendor’s prevailing published recommended retail prices nett of V.A.T. Some items are calculated on a different basis.
The Vendor’s prevailing prices are available on demand, and no guarantee is given that The Vendor’s website prices are always 100% accurate.
Details of volume discount structures, referenced to The Vendors prevailing standard trade prices, appear in The Vendor’s price list. Out of stock merchandise, purchased under a quantity discount structure, will be carried forward for delivery as available (see also PRICE CHANGES). Subsequent authorised cancellations will only be accepted by The Vendor on the basis that an applicable retrospective higher price will then be charged on invoice for the merchandise already delivered.
Quantity discounts are offered at the sole discretion of The Vendor. The Vendor reserves the right to introduce, amend or withdraw volume discount structures at any time, without notice.
Full details of prevailing volume discount structures are available, on demand, from The Vendor.
Full details of ranges which operate under a Stockist arrangement are available, on demand, from The Vendor.
Stockist discounts, referenced to The Vendors prevailing standard trade prices are offered at the sole discretion of The Vendor. The Vendor reserves the right to introduce, amend or withdraw Stockist arrangements or discount structures at any time, without notice.
From time to time, at The Vendor’s sole discretion, The Vendor’s goods may be offered under short term promotional, or clearance pricing with or without qualifying quantities.
Any such prices and/or offers are made at the sole discretion of The Vendor. The Vendor reserves the right to introduce, amend or withdraw such prices and/or offers at any time, without notice.
Full details of prevailing current offers are available, on demand, from The Vendor.
E-COMMERCE, THE PURCHASER’S OFFER OF THE VENDOR’S GOODS TO CONSUMERS AND THE PURCHASER’S PRESENTATION OF THE VENDOR’S GOODS AND BRANDS
The Purchaser will not offer or sell the Vendor’s products via any third party online auction site or e-marketplace such as E-Bay or similar without the prior consent of The Vendor. The Purchaser will reference any prices listed in its presentation to Consumers of The Vendor’s Goods, via any channel/media authorised by The Vendor, to The Vendor’s prevailing recommended retail prices, which are available on demand from The Vendor, and will at all times present The Vendor’s Products in a positive manner, consistent with The Vendor’s notified corporate identity and brand image, using only authorised images, logos, and other descriptive material supplied or approved by The Vendor, recognising The Vendor’s rights in all regards.
The Purchaser will only list for sale, via any channel/media, those products offered by The Vendor which The Purchaser holds in stock.
Items offered by The Vendor, which the Purchaser does not hold in stock must not be listed for sale via any channel/media.
FAULTY GOODS/TRADE WARRANTY/REPAIRS
The Purchaser must thoroughly test and check all Goods received from The Vendor immediately upon receipt, in accordance with The Vendors Conditions of Sale.
The Vendor's responsibility for considering and/or accepting a claim in respect of Goods found to be faulty on arrival is conditional upon The Purchaser testing and checking The Goods as stipulated in The Vendors Conditions of Sale and notifying The Vendor immediately of any fault.
Failure to advise The Vendor of Goods found to be faulty on arrival within The Vendors Conditions of Sale will result in the refusal of any claim(s) from The Purchaser in respect of such Goods.
The Vendor may elect to allow The Purchaser to rectify Goods discovered to be faulty on arrival and return them to original specification, or accept to have The Goods returned to The Vendor for inspection, with a view to rectification or providing replacement goods.
Any agreement between The Vendor and The Purchaser to allow The Purchaser, or their agent, to rectify Goods received faulty shall be preceded by The Purchaser providing The Vendor with a written quotation from a competent technician and/or engineer for rectification of the defect or deficiency.
If The Vendor approves the quotation and so notifies The Purchaser, The Vendor shall supply, solely at The Vendor’s discretion, all components and material necessary for the rectification, free of charge, within the terms of warranty offered by The Vendor on The Goods concerned and reimburse The Purchaser the quoted labour charges.
Goods found to be faulty by The Purchaser upon arrival and which are authorised by The Vendor to be rectified by The Purchaser or The Purchaser’s appointed agent will become the responsibility of The Purchaser in respect of all subsequent service issues.
The Vendor retains the right, if it does not approve the quotation provided by The Purchaser, either to require The Purchaser to obtain an alternative quotation, or at the discretion of The Vendor to exchange the article rather than pay for its repair.
In the case of consignments consisting of several identical units, one or more of which are discovered to be faulty on arrival, The Vendor will only undertake to provide support to The Purchaser for rectification of the faulty units, or accept the faulty units back for inspection and/or rectification/replacement.
In the event of The Vendor agreeing to accept goods alleged to be faulty upon arrival being returned to The Vendor for inspection and possible replacement, The Vendor will arrange for the collection of The Goods.
The Vendors own Technical and Service Departments will act as a back-up (not substitute) facility to that provided by The Purchaser and may at The Vendors sole discretion accept to repair and/or service Goods on behalf of The Purchaser.
If upon inspection by The Vendor no fault is found, (NFF), with the returned merchandise, The Goods will be returned to The Purchaser with all carriage charges for The Purchaser’s account, irrespective of whether or not invoiced replacements have been already been provided at The Vendors discretion.
Only repairs carried out by The Vendor’s authorised staff will carry the remainder of any manufacturer’s consumer warranty.
The Vendor's responsibility in respect of Goods alleged by The Purchaser to be faulty on arrival ceases seven days after delivery of The Goods to The Purchaser.
With respect to Goods provided by The Vendor, which develop faults in the period between seven days after The Goods are delivered to The Purchaser, and twelve months from that date, The Vendor will provide support in the manner described above to either support the Purchaser in rectifying The Goods, or accept The Goods back for inspection/rectification/replacement at The Vendor’s discretion.
After twelve months from the date The Goods were delivered to The Purchaser, The Vendor will continue to provide support for Goods supplied, but on a chargeable basis only.
The Vendor cannot guarantee to be able to provide support for goods which are discontinued, obsolete, or for which parts are no longer available.
On the date upon which The Goods are sold by The Purchaser to any third party, The Goods become subject to the prevailing consumer protection regulations and legislation, and reference should be made to the paragraphs in The Vendor’s Conditions of sale; CONSUMER WARRANTY/REPAIRS.
SHORTAGES AND/OR DAMAGE
If consignments of Goods received by The Purchaser appear to be damaged, opened, or interfered with in any way, The Purchaser is required to endorse The Carrier’s delivery record document accordingly. On unpacking the consignment, The Purchaser must thoroughly test and check The Goods immediately. If Goods are found to be missing, incorrect and/or damaged, The Purchaser is required to notify The Vendor and The Carrier immediately, and not later than three working days after the date of delivery, in writing by e-mail or facsimile transmission furnishing The Vendor with a photocopy of The Vendors Delivery Note or the actual Delivery Note itself, together with full details of missing or incorrect Goods and/or the nature of damage to items contained in the consignment. The Vendor will, on receipt of this information, instigate a claim against the carrier. The Purchaser must retain all packing for inspection.
The Purchaser shall, in the event of a claim for non-delivery of Goods, be required to notify The Vendor and The Carrier, immediately upon discovery, and to confirm the matter in writing, within seven days after receipt of The Vendor’s invoice by e-mail or facsimile transmission. Due to the reciprocal nature of The Vendor’s contract with its carriers and other delivery agents, The Vendor will be unable to entertain claims for loss, shortage or damage made by The Purchaser outside of The Vendor’s Conditions of Sale.
The Vendor’s responsibility is conditional upon The Purchaser following The Vendor’s notified procedure. Any claim shall be deemed by The Vendor to have been waived if outside the specified periods, otherwise The Vendor will instigate the necessary enquires and claim against the carriers.
The Purchaser agrees to act fairly and advise The Vendor immediately of any over delivery receipt of incorrect Goods, or Goods of a higher value to those ordered or detailed on the delivery note. The Vendor reserves the right at subsequent audit which reveals over delivery or inadvertent provision of Goods of a higher price than intended to invoice The Purchaser accordingly and pursue payment or recovery of The Goods in question by all means.
The Vendor will only accept Goods returned from The Purchaser if prior arrangement has been made, using The Vendor’s notified returns procedure, and an authorisation number provided to The Purchaser by The Vendor, on The Vendors official returns authorisation form and the method of return and/or carrier of The Vendor’s choice has been agreed. In certain circumstances The Vendor may at their discretion, arrange collection from The Purchaser’s premises by The Vendor’s contract carriers. It is The Purchaser’s responsibility to follow the procedure notified by The Vendor for collections by The Vendor’s contract carriers. In instances where The Vendor’s contract carriers call at The Purchaser’s premises and find Goods are unavailable for collection all charges levied by The Vendor’s contract carrier for missed collections will be the charged to The Purchaser’s account. In instances where The Vendor accepts to credit faulty or damaged Goods such is on the understanding that The Purchaser accepts to receive identical or similar Goods as replacements on a fresh invoice.
It is The Purchaser’s Responsibility to ensure that any Goods consigned to The Vendor, by any method, for any reason are packed in a manner which provides The Goods concerned with full protection in transit. The use of original packaging is STRONGLY RECOMMENDED.
ENVIRONMENTAL AND WASTE
The Purchaser is responsible for discharging the responsibilities of and fulfilling the obligations enshrined in prevailing legislation and regulations, at The Purchaser’s expense, for dealing with all environmental and waste issues concerned with products purchased from The Vendor. WEEE Compliance Registration WEE/JC0292UQ.
SPECIFICATIONS AND PERFORMANCE
Specifications and other descriptions issued by The Vendor or by the manufacturer in connection with Goods are intended to be accurate but carry no guarantee or warranty unless on request a guarantee is given to The Purchaser separately in writing in each particular case. The manufacturer’s specifications could on occasions vary and should this occur The Vendor will ensure that The Goods continue to be of suitable quality. Representations as to performance relate to what The Vendor or Manufacturer would expect to obtain upon test but, since Goods are employed in many locations and for many purposes under varying conditions of operation, The Vendor cannot accept liability for failure to obtain any stated performance unless written notice of any particular purpose for which The Purchaser requires The Goods has been given to The Vendor at the time of purchase and an express guarantee is given as aforesaid.
DESIGN AND MATERIALS
Only if The Goods are actually manufactured by The Vendor is any warranty given that The Goods do not infringe on some third party's patent or trademark rights.
The Purchaser is responsible for discharging the responsibilities of and fulfilling the obligations enshrined in prevailing sale of goods and consumer protection legislation and regulations, for all after-sales servicing of all Goods supplied by The Vendor and for passing on to The Consumer the benefit of any manufacturer’s consumer warranty and agrees to maintain adequate after-sales service facilities and staff to undertake such responsibilities. The Purchaser is requested to encourage Consumers to complete and return any Guarantee/Warranty cards that may be included, or complete any on-line warranty registration relative to any Goods supplied by The Vendor.
Refunds, and/or exchanges offered or provided by The Purchaser to Consumer in connection with allegedly faulty goods, without reference to The Vendor and The Vendor’s Conditions of Sale are made entirely at the discretion and risk of The Purchaser.
At its sole discretion The Vendor may accept to assist The Purchaser in fulfilling the terms of any manufacturer’s consumer warranty which applies to The Vendor’s goods.
The Vendor is responsible for providing technical advice and parts under warranty to The Purchaser. Replacement parts will be invoiced at cost and credit will be passed for defective parts (if under guarantee) once returned by The Purchaser to The Vendor and assessed as being a valid claim under warranty.
Faulty goods repaired under any consumer warranty, by The Purchaser or The Purchaser’s appointed agent, will become the sole responsibility of The Purchaser in respect of all subsequent consumer warranty and service issues.
All consumer warranty claims must be transacted through the original supplying reseller and must be accompanied by a clear proof of date/place of purchase in the form of the original purchase receipt or clear copy of same.
In the event of a consumer warranty claim, The Vendor reserves the right to require allegedly faulty goods to be returned to its premises or other authorised location, for inspection, via, or in cooperation with, the original supplying reseller.
Where goods are returned to The Vendor under a warranty claim, it is the sender’s sole responsibility to ensure The Goods are adequately packed for transportation, (use of the original packaging is strongly recommended), and in such an instance carriage both to and from the premises of The Vendor is the responsibility of the sender.
The Vendor undertakes to assist with the repair or if unable to repair, at its sole discretion, to replace with the same or similar goods where The Goods are shown, upon inspection by The Vendor, and to The Vendor’s satisfaction, to be defective due to faulty material or workmanship. Fair wear and tear, neglect, abuse or damage caused as a result of deliberate or inadvertent misuse are specifically excluded from The Vendor’s consumer warranty support.
Only warranty repairs carried out by The Vendor’s staff will carry the remainder of any warranty period remaining. Where a warranty is given and not fulfilled, reasonable time and opportunity shall first be given to The Vendor to comply with the terms of the warranty. If The Vendor fails to comply with the warranty, The Purchaser may, on behalf of The Consumer, and after negotiation with The Vendor, return such Goods which fail to comply with the warranty.
The Vendor shall credit to The Purchaser the price of Goods so returned subject to a reasonable deduction for any use had by The Consumer of such Goods and such credit note will completely exonerate The Vendor from any other liability or payment whatsoever and howsoever arising.
The carriage of such units or other Goods to and from The Vendor shall be the expense of The Vendor. Where returned Goods are found to require out of warranty attention The Vendor will provide an estimate of the costs likely to return The Goods to specification.
Out of warranty goods not claimed by the sender will be disposed of after the period defined in the prevailing regulations to defray the costs of any repairs carried out, storage, and administrative costs, with any balance being passed to the legal owner of The Goods, or their agent, or to The Vendors nominated charity if the legal owner of the Goods is unable to be contacted within a reasonable period of time.
PERFORMANCE OF COPYRIGHT MATERIAL
The Purchaser warrants that he has, or will obtain, the appropriate license in the event of any equipment received from The Vendor being used for the public performance of any copyright material. The Vendor of this equipment notifies The Purchaser that in the event that this equipment is used for the public performance, playing or showing of any copyright material in circumstances where The Purchaser or anyone authorised by him does not hold the appropriate license of the copyright owner, then The Purchaser or anyone authorised by him will infringe copyright and may become liable in damages for so doing. The Purchaser of this equipment, by accepting delivery of the same warrants that he has or will obtain the appropriate license for the said performance, playing or showing prior to using the equipment for the said purpose.
USE OF INFORMATION
The Vendor’s catalogue and price list are available to Applicants and Purchasers from outside of the United Kingdom, Repluic of Ireland, The Channel Islands and The Isle of Man.
The Vendor will accept, at its sole discretion, orders for third party distributed Goods which The Vendor is authorised to offer for sale in the territory which The Purchaser proposes to sell The Goods.
The Vendor’s proprietary products will be made available, solely at The Vendor’s discretion, either directly, or via distribution channels appointed by The Vendor in the territory which The Purchaser proposes to sell The Goods. It is The Applicant /Purchaser’s responsibility to ensure that The Vendor’s products comply with all legislative and regulatory requirements, and do not infringe any third party’s patent, design or trade mark or distribution rights in the territory The Purchaser proposes to sell The Goods. The Vendor accepts no responsibility in this regard.
John Hornby Skewes & Co. Ltd., Conditions of Sale and the contract between John Hornby Skewes & Co. Ltd., (The Vendor), and The Applicant/The Purchaser shall be governed by, and construed in accordance with English Law. The Courts of England will have sole jurisdiction to hear and make judgements on all disputes arising between The Vendor and The Applicant/The Purchaser.