“Company” means Josero Limited: Company Registration 6561324
"Buyer” means any customer of the Company
“Terms” means these Terms and Conditions of Sale
“VAT” means Value Added Tax charged at the prevailing rate
All goods and services manufactured or supplied by the Company are without exception, subject to all of these Terms. Any order placed by the Buyer and accepted by the Company however obtained, shall indicate acceptance of these Terms (even if included in or referred to in the document placing the order) and shall bind both the Company and the Buyer as the contracting parties. Written acknowledgement of an order shall not constitute such acceptance. No servant, agent or representative of the Company has any authority to waive, vary, add to, omit or otherwise alter these Terms. In the event of any dispute between the Company and the Buyer these Terms shall prevail.
Unless otherwise agreed in writing by the Company, the Company reserves the right to vary the price quoted for the goods in order to conform with the Company's prices for such goods ruling at the date of dispatch or to take account of any increase in wages, salaries, cost of materials, manufacturing, packaging or other overheads between the date of the order and the date of delivery.
When VAT is chargeable the price shall also be increased:
a) by the gross amount of the VAT chargeable on the supply of the goods and for services by the Company; and
b) by the net cost to the Company of any VAT chargeable in respect of the supply to the Company of goods to be incorporated in or of services to the contract.
a) In the case of agreed credit, payment is due in full on the terms of credit agreed which shall be due no later than the agreed duration of credit from the date of invoice (usually Net 30 days). Any failure to pay shall entitle the Company at its option to treat the agreed credit account contract as repudiated by the Buyer or to delay the delivery of any outstanding goods until paid in addition to any other remedy.
b) The Company reserves the right to alter the agreed status and payment terms of any Buyer’s account without agreement from or notice to the Buyer and to demand payment in full at any time.
c) If payment is not made in accordance with these Terms or at any time the credit standing of the Buyer has, in the opinion of the Company, been impaired the Company may refuse delivery of any goods required under this contract until arrangements as to payment or credit have been established which are satisfactory to the Company.
d) In addition to any right or lien to which the Buyer may be by law entitled the Company shall, in the event of the Buyers insolvency, be entitled to a general lien of all goods of the Buyer in the Company's possession, notwithstanding that such goods or some of them may have been paid for, for the unpaid price of any goods sold and delivered to the Buyer by the Company under the same or another contract.
e) The Buyer acknowledges that until such time as payment aforesaid has been made it is in possession of goods solely as bailee for the Company and shall store the goods separately from its own goods and in such a fashion as to be readily identifiable by the Company.
All payments shall be in accordance with these Terms set out herein and any agreed credit and in the event of non-compliance the Company reserves the right to charge 8% above the Barclays Bank PLC's base rate of interest on all aged invoices not settled within the agreed terms of the buyers credit account, which shall be notified to the Buyer.
a) Unless otherwise agreed by the Company, delivery shall be made to the Buyer's works noted on the order and stated on Company's invoice.
b) Stated delivery times are business estimates only therefore the Company shall not be liable for any loss or damage suffered by the Buyer by reason of any failure to meet such delivery times. Whilst every effort shall be made to keep any delivery date, time of delivery shall not be of the essence.
c) The carrier and the Company must be advised in writing (otherwise than upon the carrier's documents) within five days of receipt of invoice if the products covered by the invoice have not been delivered, or within two days of delivery, if damage, pilferage or shortage is revealed upon receipt of the products. If such advice is given the Company will use its best endeavours to assist the Buyer in respect of proof of delivery of the products to the carrier in sound condition.
d) The Company shall not be liable under any circumstances for any consequential loss incurred by the Buyer or any other person or company arising directly or indirectly out of any failure to meet any estimated delivery date.
All queries or complaints should be addressed to The Complaints Officer, Josero Limited, Unit 13 Meridian, Buckingway Business Park, Anderson Road, Swavesey, Cambridge, CB24 4AE, United Kingdom.
a) The goods shall be at the Buyer's risk from the time of delivery or, if earlier, when they are placed at the Buyer's disposal.
b) Notwithstanding delivery, the goods sold hereunder remain the absolute property of the Company until payment of all amounts invoiced by the Company to the Buyer under this and all contracts between the Company and the Buyer has been made.
c) In circumstances where the goods are delivered to an address specified by the Buyer and if any payment due under these Terms is overdue in full or in part the Company shall be entitled at any time until resale of the goods immediately after giving notice of its intention to do so and without prejudice to any of its other rights, to enter the Buyer’s premises by it's servants or agents with such transport as may be necessary and repossess any goods to which it has title hereunder and may re-sell all or any part of the goods and the Buyer shall be liable for all the Company's costs of so doing.
d) If any of the goods are incorporated in or used as materials for other goods before payment is made of all that is owing to the Company under this contract, the property in the whole of such other goods shall be vested in the Company and the Buyer shall keep the Company so indemnified for all such other goods.
e) In the event of the Buyer selling or otherwise disposing of the goods or such other goods as may be incorporated before he has paid off all that is owing to the Company under the contract then the Buyer shall hold all such money received as Trustee for the Company in an account separate and identifiable from other monies of the Buyer until payment in discharge of the debt due from the Buyer to the Company.
f) Nothing in this clause shall confer any right to the Buyer to return the goods sold hereunder or to refuse or delay payment thereof, unless otherwise agreed.
g) Until the Buyer has made payment in full the Company shall be entitled to require any subsequent purchaser or transferee to relinquish the said goods to the Company on demand.
In addition to the purchase price, Buyer shall pay the Company the amount of all governmental taxes, excises, duties and or other charges (excepting taxes on or measured by net income), that Company may be required to pay with respect to the production, sale or transportation of any material delivered under this contract.
The Company shall not be liable for any loss or damage caused by delay in the performance or non-performance of any of its obligations hereunder where the same is occasioned by any cause whatsoever that is beyond the Company's control. In such circumstances the Company may cancel or suspend this contract without incurring any liability for any loss or damage thereby occasioned and may extend the period of delivery or may without any liability whatsoever suspend or cancel (either immediately or at any time after suspension under this condition) any or all of its obligations then unperformed.
The Company provides a limited warranty to the Buyer, which is provided in the form of a statement (the “Limited Warranty Statement”). The Buyer will make available to their Customers a copy of the Limited Warranty Statement where applicable and will not make any representations or statements inconsistent with such Limited Warranty Statement.
In no circumstances shall any of the goods be returned to the Company without the Company's prior written consent.
The Company shall not be liable in respect of any claim which may be made against the Company for infringement of any letters patent or registered design which may arise as a result of the Company carrying out instructions given by the Buyer and the Buyer agrees to indemnify and keep indemnified the Company from and against all or any such claims and against the Company in respect of any such claim.
Any request by the Buyer for cancellation of any order or for the rescheduling of any deliveries will only be considered by the Company if made at least 12 hours before dispatch of the goods, and shall be subject to acceptance by the Company at the Company's sole discretion, and subject to a reasonable administration charge therefore by the Company. The Buyer hereby agrees to indemnify the Company against all loss, costs (including the cost of labour and materials used and overheads incurred), damages, charges and expenses arising out of the order and its cancellation or rescheduling.
The Company shall have the right in its absolute discretion and without giving any reason therefore and notwithstanding any contract the Buyer may have made with a third party, to terminate or suspend without notice any agreement to supply goods to any person or firm and to refuse or limit the amount of credit to be given to any person or firm including the Buyer.
English Law shall in all respects govern these conditions of sale and Josero Limited and the Buyer agree to submit to the exclusive jurisdiction of the English Courts.
BUYERS ARE RECOMMENDED TO TAKE THE USUAL PRECAUTIONS IN HANDLING SOLVENT BASED AND UV CURING INK OF THE TYPE SUPPLIED BY JOSERO LIMITED IN RESPECT OF ADEQUATE VENTILATION, AVOIDANCE OF EXCESSIVE CONTACT WITH THE SKIN AND TO OBSERVE THE LOCAL REGULATIONS REGARDING THE USE AND DISPOSAL OF THESE MATERIALS. IT IS RECOMMENDED TO REFER TO RELEVANT HEALTH AND SAFETY DATA SUPPLIED WITH EACH PRODUCT. IF APPLICABLE, IN VIEW OF THIS THE COMPANY CANNOT ACCEPT ANY LIABILITY WHATSOEVER, HOWSOEVER ARISING AS A RESULT OF THE USE OR MIS-USE WHETHER NEGLIGENT OR NOT OF THE COMPANY'S PRODUCTS BY THE BUYER.