Terms & Conditions
Under the terms and conditions of sale set out below:
a) “Company” means JERA Associates Ltd trading as www.worktopsunlimited.com
b) “Buyer” means the corporation, firm, company, institution or person(s) to whom goods and or services are provided or sold by the Company.
c) “Goods” mean products or services supplied by the Company under this contract
Any order accepted by the Company, whether or not it is based on or results from this or any other estimate or tender given by the Company, is deemed to incorporate these terms and conditions: No variation or modification of or substitution for these terms and conditions (even if included in or referred to in the document placing the order) shall be binding on the Company unless specifically accepted by the Company in writing. We may refuse to accept an order:
a) Where the goods are not available;
b) Where we cannot obtain authorisation for your payment
c) If there has been a pricing or product description error
d) If you do not meet any eligibility criteria set out in our terms and conditions:
e) For any other reason at our sole discretion.
3. Validity Period of Estimate
Unless amended or withdrawn the Company’s estimate is open for acceptance for the period stated therein or where no period is stated for 14 days after the tax date thereof. The Company’s estimate is not an offer but merely an invitation to the Buyer to make an order for goods under the terms and conditions of the quotation.
4. Cancellation / Returned Goods
If the Buyer wishes to return non-faulty Goods the Buyer must notify the Company by email firstname.lastname@example.org 24 hours, and has a 14 day period from receipt of delivery to return the Goods in their original packaging. After 14 days goods may not be returned without the Company’s consent in writing. In any event where such consent is given a re-stocking charge of up to 35% of the Invoice value of the goods will be made. Goods returned must be adequately identified and packed and sent carriage paid by the buyer. The Goods must be received in the same condition as at date of dispatch from the Company’s warehouse. Suppliers reserve the right to refuse return of goods on certain items.
5. Delivery/Unloading and Receiving of Goods
a) Delivery dates and times are based on the best information at time of order. The Buyer will be contacted within 12 hours of purchase with full delivery information. Any estimates of delivery times are to be regarded as approximate only and the Company accepts no liability for any loss, injury, damage or expenses as a result of or consequent to any delay in delivery of goods.
b) The delivery address must be a UK Mainland postal code, although not currently covering Scotland and Northern Ireland.
c) Failed deliveries due to no one being available to receive the purchases on the agreed date/s may incur additional delivery charges for subsequent delivery attempts.
d) Delivery delay due to circumstances outside the control of the Company shall not entitle the Buyer to cancel any order or refuse to accept delivery.
e) Offers for delivery from suppliers are made subject to goods remaining unsold on receipt of order.
f) Unless otherwise agreed, delivery shall take place by third party carriers to the kerbside at the address supplied by the Buyer.
g) Delivery point is to kerbside only and not into the delivery address. The Buyer and/or at least one able bodied person shall provide all necessary assistance to the delivery driver in unloading the goods at the point of delivery. We cannot accept responsibility for any personal injury incurred arising from helping to unload the goods.
h) The Buyer shall indemnify the Company against all claims for damages and liability whatsoever arising out of compliance by the Company with the Buyers delivery instructions. Deliveries are Mon to Fri 7.30am to 6.00pm unless otherwise stated.
All prices including delivery are subject to alteration or withdrawal at any time without notice. Orders can only be accepted subject to the condition that goods will be invoiced at prices ruling on the date of dispatch from warehouse unless otherwise stated on an official estimate of the Company. All Goods will incur Vat charges at 20%.
7. Property in the Goods
The property of Goods delivered under this contract shall not pass to the Buyer until their price and interest (payable pursuant to Clause 6, and any other sum payable under this contract have been paid in full. Until actual payment of all such sums, the Buyer shall hold the Goods in the fiduciary capacity of bailee (and without prejudice to the generality of the foregoing, the Buyer shall store and mark the Goods in such manner that they shall be readily ascertainable as goods which are the property of the Company) provided that this shall not prevent the Buyer from selling and using the Goods in the ordinary course of his business until such permission has been withdrawn pursuant to Clause 6.
Risk shall pass when the goods are delivered kerbside to the Buyer. Goods shall be at the risk of the Buyer or their agent at the moment of arrival of the Goods at the point of delivery and before the commencement of unloading, or at point of loading if the Buyer or a carrier/agent is collecting the Goods representing the Buyer, delivery being defined as in Clause 6 above.
9. Damage or Shortage to delivered goods
a) All goods are to be checked on delivery by the buyer and or their representative receiving the goods. All goods signed for are deemed to be in good order and condition any damage whatsoever must be recorded and noted on the delivery note or refused at the point of delivery. Goods are delivered by our distributors/ carriers, damage or part loss claims cannot be entertained unless the Company is notified on the day of delivery and also confirmed in writing within 24 hours from date of delivery.
b) Where the Company delivers goods and a receipt of delivery note is signed by the Buyer. The goods will be considered as examined and therefore the Company can not enter into any claim for damage or loss, unless otherwise noted on the delivery note and point of delivery.
c) The Buyer may not exclude this provision either by marking his signature ‘unexamined’ or by failing to return the signed delivery note or otherwise.
The Company shall not be liable for any claims made in respect of costs incurred in replacing or re-fixing damaged or faulty goods. The Company’s liability is to replace any damaged or faulty goods from a supplier or manufacture only in accordance with manufactures guarantee. Flawed goods if fitted are deemed as accepted by the Buyer. The Company is not responsible for any loss or cost incurred should it agree to replace flawed or damaged item unless otherwise agreed between the Company and The Buyer. The Buyer is liable for replacement installation costs. This does not affect statutory rights.
10. Terms of payment
a) Payment must be received before goods can be released. Secure payment can be though our Merchant partners Worldpay or Stripe using a credit/debit card or by BACS or cleared cheque.
b) Pro Forma invoices will be sent upon request – standard invoices will be sent once cleared payments have been received.
c) The property in the Goods shall not pass from the Company to the Buyer until payment in full has been received.
d) Any price variation to the original estimate will be calculated in regards to the final payment at time of order.
e) In such situations whereby a credit is due back to the Buyer the Company will ensure a refund for the total value will be dispatched to the client within 24 hours of the Company receiving returned Goods.
Images shown on the Company’s website may vary to the actual goods supplied. Clerical errors and omissions are subject to correction without notice. All images are copyrighted.
14. Laws Applicable
Any contract subsisting between the Company and the Buyer shall be construed in all respects in accordance with the Laws of England and unless otherwise arranged is subject to the jurisdiction of the English Courts
15. Postal Address
90 Upper Wheybourne Lane