Terms Of Use |
ACCEPTANCE OF TERMS.
The services that JACKSON PUMPING SYSTEMS LIMITED provides to you are subject to the following
Terms of Use ("TOU"). JACKSON PUMPING SYSTEMS LIMITED reserves the right to update the TOU
at any time without notice to you. The most current version of the TOU can be reviewed by
clicking on the "Terms of Use" hypertext link located at the top of our Web pages.
DESCRIPTION OF SERVICES.
Through its network of Web properties, JACKSON PUMPING SYSTEMS LIMITED provides you with access
to a variety of products, services, communication forums and product information (collectively "Services").
The Services, including any updates, product enhancements, new features, and/or the addition
of any new web properties, are subject to the TOU.
PERSONAL AND NON-COMMERCIAL USE LIMITATION.
Unless otherwise specified, the services are for your personal and non-commercial use.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish,
license, create derivative works from, transfer, or sell any information, software,
products or services obtained from the services.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION.
See the Privacy Statement disclosures relating to the collection and use of your information.
NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS WEB SITE.
IN NO EVENT SHALL JACKSON PUMPING SYSTEMS LIMITED AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL AMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION.
MEMBER ACCOUNT, PASSWORD, AND SECURITY.
If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify JACKSON PUMPING SYSTEMS LIMITED immediately of any unauthorized use of your account or any other breach of security. JACKSON PUMPING SYSTEMS LIMITED will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by JACKSON PUMPING SYSTEMS LIMITED or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
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Terms Of Trade |
Jackson Pumping Systems Limited
52 High Street, Martin, Lincoln, LN4 3QT
Telephone: ++44(0)1526 378005 Fax: ++44(0)1526 378006 E-mail: sales@jpsystems.co.uk Website:
www.jpsystems.co.uk
Registered in England: 3531011 VAT Number GB : 706 302 767
CONDITIONS OF SALE
1. Conditions - All contracts of sale of goods or the supply of services made by Jackson Pumping Systems Ltd (the
Company) shall be deemed to incorporate these terms and conditions. No variation of or addition to these terms and
conditions shall form part of and contract unless made or specifically accepted by the Company in writing.
These terms and conditions shall over-ride and take the place of any other terms and conditions in any
document or other communication used by the purchaser in concluding the contract with the company. No
contract shall come into effect until the Purchasers order has been accepted by the Company in accordance
with its normal procedures applicable from time to time. An order shall be deemed firm on our acceptance of
clients written or verbal instructions.
2. Errors & Omissions - Any quotation by the Company does not represent an offer and the Company reserve
the right to amend the price due to errors and omissions.
3. Payment - Unless otherwise expressly stated amounts are due and payable within seven days of the date
of the Company’s invoice. The purchaser shall not be entitled to withhold payment of any sum due to the
Company because of any disputed claim by the Purchaser against the Company. Time of payment is the
essence of every contract. In addition to the standard terms this Company reserves the right to request
interim payments, where appropriate.
4. Delivery Dates - Delivery dates given can only be approximate and whilst every effort is made to adhere to
the delivery dates the Company cannot accept responsibility for late delivery or loss or damage resulting
from howsoever the same shall have been caused. Where the Company concludes the contract of carriage
and/or arranges for the insurance of goods for transit the Company shall be deemed to be acting solely for
the Purchaser and section 32(2) and (3) of the Sale Of Goods Act 1979 shall not be applicable.
5. Acceptance Of Deliveries - The Purchaser or the Purchasers representative shall ensure that goods delivered
are in accordance with the delivery note and the Purchaser must sign the delivery note. Signature of the
delivery note shall be deemed to be acceptance of the goods by the Purchaser. Unless stated the quotation
assumes a hard surface is available to site at all times.
6. Damage to Clients Property - The Company will not accept liability for damage to the Purchasers property
caused by vibration or by weight of the vehicles delivering the Company’s goods or of a load carried such
motor vehicles.
7. Provisional Orders - Where an order is placed subject to approval, e.g. Grant, Town & Country Planning and
others, the Company reserves the right to charge for work done.
8. Designs & Materials - The Company reserves the right to make reasonable alterations in design and
materials without notice to the Purchaser.
9. Title Retention - Notwithstanding the passing of risk, ownership of goods shall remain with the Company
which reserves the right to dispose of goods until payment in full for all goods has been received in
accordance with the contract.
10. Cancellation - The Purchaser shall have no right to cancel an order without the Company’s prior written
consent. Value Added Tax shall be charged as an addition to any price in accordance with Government
Legislation for the time being in force.
11. Drawings & Designs - Ownership of and copyright in all drawings, designs, models and sketches shall
remain with the Company. The Purchaser shall not be entitled to copy or reproduce any drawing, model or
sketch without the Company’s written consent.
12. Lien - The Company shall have a general lien on all goods under its control for payment of all debts accruing
on any account to the Company and if such lien is not satisfied after seven days written notice has been
given to the Purchaser by Post, addressed to his last known address the goods or any of them maybe sold to
defray the lien and all expenses incurred.
13. General Liabilities - The Company warrants that all goods supplied are of merchantable quality BUT the
Company’s liability shall be limited to the replacement (or if this is not possible) to the repair of any goods
provided the Purchaser promptly notifies the Company of any defects. The warranty shall remain in force for
one year after delivery of the goods. The Company shall not be liable for any loss injury or damage of any
nature whatsoever whether direct or consequentially arising not of or in connection with any goods supplied
or services rendered. The Purchaser shall not rely upon the representative concerning any goods supplied or
services rendered unless the same shall have been made by the Company in writing. Without prejudice to
the above terms and conditions where a claim of any sort whether it tort, contract or under stature arises
against the Company for which the above terms otherwise neither exclude not describe a limit to the
Company’s liability, the Company’s liability for such a claim shall be limited to 5000 (but this limitation shall
not apply to any claim for personal injury or death).
14. Erection And Assembly Onto Prepared Foundations - When the Company erects or assembles equipment
onto existing concrete floors or prepared foundations any cost incurred by the Company due to incorrect
preparation by others shall be payable by the Purchaser and delays in erection or installation due to
incorrect or delayed site preparations will similarly be payable be the Purchaser.
15. Clients Installation Of Company Equipment - The Purchaser shall be responsible for ensuring that he has
obtained from the Company all necessary installation instructions and that where appropriate the Purchaser
gives these instructions to others involved in the installation.
16. Force Majeure - The Company shall be entitled to cancel or rescind any contract without liability for loss or
damage resulting therefrom if the performance of its obligations is in any way adversely affected by war,
strike, lock-out, sit -in, trade dispute, flood, accident to plant or machinery, shortage of any materials or
labour or any other cause whatsoever beyond the Company’s control.
17. Assignment - The Purchaser shall not assign any contract or any rights hereunder in whole or in part without
the prior written consent of the Company.
18. Proper Law - The contract in all respects shall be treated and construed under English Law.
Jackson Pumping Systems Limited - FEBRUARY 2003 Registered in England: 3531011
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