Bailey Valves Direct is a trading name for G J Johnson & Sons Ltd
Between the Customer and G J Johnson & Sons Limited (the Supplier).
1. Acceptance of orders:
1.1. Any order by the Customer only becomes binding upon the Customer and the Supplier upon written (including email) acknowledgement of order by the Supplier or, if there is no written acknowledgement, upon commencement of delivery of the goods or services. The Customer is deemed to accept these Terms and Conditions to the exclusion of any terms or conditions of the Purchaser, expressed or implied, which conflict with these Terms and Conditions.
1.2. Where an order is received electronically in reliance upon information published digitally by the Supplier then for the purposes of these Terms and Conditions that information shall be treated as ‘the quotation’. The Supplier reserves the right if it considers it appropriate to require a signed hard copy order.
2. Limitation of Liability
2.1. Where the Customer places an order for the purposes of its business
2.1.1. subject to 2.1.2. the Supplier’s liability in respect of any defect in any goods and services is limited at the Supplier’s option either to replacing any defective goods or services or refunding the relevant part of the purchase price
2.1.2. other than in respect of personal injury or death and subject to 2.1.1. the Supplier will not be liable for any loss or damage arising from any defect in the goods or services or any negligent act or omission by the Supplier or any misrepresentation or breach of warranty.
2.1.3. the Supplier will not be liable for any loss or expense of an indirect or consequential nature including (but not limited to) to loss of profit, loss of revenue, loss of reputation or goodwill, or claims by third parties, however, such loss and expense may arise.
2.2. Where a Customer is a private person intending that the goods or services are supplied for private, domestic or other non-business purposes,
2.2.1. clause 2.1. shall apply subject to the preservation of the Customer’s statutory rights as consumer and
2.2.2. if the order is taken other than on the Supplier’s business premises the Customer is hereby given notice of its statutory rights of cancellation which are time-limited.
Accounts are strictly net and are due for payment by the end of the month following the month of invoice. Should any account exceed agreed on credit terms or should the Supplier have reasonable cause to doubt the financial status of the Customer then it may demand payment forthwith of all sums outstanding and require payment prior to delivery of any goods and services. Late payment will attract interest at 5% above Bank of England base rate (or if greater the English County Court rate of interest on judgments) from time to time on the daily balance.
Goods remain the Supplier’s property until paid for in full in cleared funds.
The Supplier will endeavour to hold its quotations, whether in writing or not and unless notified otherwise, for 30 days for the purposes of placing an order.
6. Delivery and Performance:
6.1. Delivery dates set out in any quotation or order are provided in good faith but time for delivery is not of the essence of any order and delivery may be affected by the availability of stock and manufacturer’s priorities and other matters outside the Supplier’s reasonable control.
6.2. Subject to any terms for delivery and insurance set out in the acknowledgement of order or otherwise agreed in writing by the Supplier the price quoted shall be for delivery ex-works and the Customer must satisfy itself as to compliance with any regulations or tariffs or duties or permissions relating to the movement of the goods outside the UK.
6.3. Unless set out in writing in the product documentation supplied by the Supplier or in the quotation or the acknowledgement of order the Supplier does not make any representation or warranty about the performance of the goods or services or their fitness for any particular purpose and the Customer is deemed to have satisfied itself on such matters from its own knowledge and expertise.
All goods are guaranteed for a period of 12 months from the date of despatch. Defective goods will be replaced free of charge within that period, if they are found to be of a faulty design, workmanship or material, or at the option of the Supplier, the relevant price will be refunded upon the goods being returned.
8. Cancellation of Orders:
Orders which have been acknowledged by the Supplier cannot be cancelled without the written agreement of the Supplier which reserves the right to require cancellation charges if it considers it appropriate.
Goods supplied cannot be returned for credit or exchanged, without the original paperwork and the written agreement of the Supplier in which case a credit will be allowed, subject to a handling charge, provided that the goods are fit for resale in ‘as new’ condition following examination by the Supplier. Specially manufactured goods will not be accepted for credit.
10. Damaged goods or shortage in delivery:
Claims for goods damaged in transit or for shortages in delivery, will not be considered unless made in writing to the Supplier within three days of delivery. Where goods are accepted without being checked, the delivery note should be endorsed, “Not examined or counted”. Packages arriving in a damaged condition should be signed for as, “Damaged”.
In the event of non-delivery, the Supplier will not be liable unless notified in writing within 7 days following the notified delivery date. The carriers will not admit claims in their terms and conditions of Carriage unless they are notified within the correct time.
12. Law and Jurisdiction:
The order shall in all respects be construed and operate as an English contract subject to English law. It will be subject to the exclusive jurisdiction of the English Courts.