About

These terms apply to all contracts which any customer enters into with JHL Timber Ltd (No.13612528)

 

Price

The price quoted excludes VAT (unless otherwise stated).  VAT will be charged at the rate applying at the time of delivery. The price quoted excludes delivery (unless otherwise stated). 

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Delivery, safety & risk

Any delivery times quoted are estimates only. We may decline to deliver if (i) we believe that it would be unsafe, unlawful or unreasonably difficult to do so; or (ii) the premises (or the access to them) are unsuitable for our vehicle.

You must provide appropriate equipment and manual labour for unloading the goods at the delivery point.  If our delivery vehicle is kept waiting for an unreasonable amount of time, or is obliged to return without completing delivery, or if we provide additional staff to unload goods an additional charge will be made.

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If you are collecting goods from us you are responsible for the size, weight and positioning of any load on your vehicle and must ensure that your vehicle is sufficiently equipped to enable safe loading by forklift truck. 

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If you do not accept delivery when it is attempted, or we are unable to deliver the goods because you have not provided adequate instructions or if you do not collect the goods by the date we give for collection, we may (i) treat the goods as having been delivered on that day (for the purposes of risk, inspection and payment); and (ii) charge you for the storage or redelivery of those goods.

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The goods are at your risk from the time of delivery. Delivery takes place either (i)at our premises (if you are collecting them or arranging carriage); (ii) at our suppliers’ premises (if the goods are delivered directly from suppliers); (iii) at your premises (if we are arranging carriage).

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You must inspect the goods on delivery.  If any goods are damaged (or not delivered), you must write to tell us within three working days of delivery (or the expected delivery time).  You must give us (and any carrier) a fair chance to inspect the damaged goods.

 

Payment terms

Payment of the contract price shall be by cash, credit/ debit card or bank transfer. If payment is made otherwise than in cash the contract goods will not be released until payment has cleared by the bankers of JHL Timber Ltd in the ordinary course of business. 

 

Title

Until full payment has been received (i) all goods supplied by us remain our property; (ii) you must store them so that they are clearly identifiable as our property; (iii) you must insure them (against the risks for which a prudent owner would insure them) and hold the policy on trust for us; (iv) we have your permission to enter any premises where the goods may be stored at any time, to inspect them.

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Despite our retention of title to the goods, we have the right to take legal proceedings to recover the price of goods supplied should you not pay us by the due date. 

 

Warranties

We warrant that the goods (i) comply with their description; and (ii) are free from material defect at the time of delivery. We give no other warranty (and exclude any warranty, term or condition that would otherwise be implied) as to the quality of the goods or their fitness for any purpose. If you believe that we have delivered goods which are defective in material or workmanship, you must (i) inform us (in writing), with full details, within three working days of the defect becoming apparent; (ii) store the goods in suitable conditions; (iii) allow us to investigate and give us a reasonable opportunity to inspect the goods before they are used in anyway (we may need access to your premises and product samples). 

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If the goods are found to be defective following our investigations, and you have followed the steps above, we will (at our option) replace the goods or refund the price.

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We are not liable for any other loss or damage (including indirect or consequential loss, financial loss, loss of profits or loss of use) arising from the contract or the supply of goods or their use, even if we are negligent.

Our total liability to you (from one single cause) for damage to property caused by our negligence is limited the amount of insurance cover we may have at the appropriate time.

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For all other liabilities not referred to elsewhere in these terms our liability is limited in damages to the price of the goods.

 

Nothing in these terms restricts or limits our liability for death or personal injury resulting from negligence. 

 

Return of goods

We will accept the return of goods from you only (i) by prior arrangement (confirmed in writing); (ii) on payment of an agreed handling charge (unless the goods were defective when delivered) and (iii) where the goods are as fit for sale on their return as they were on delivery. 

 

Waiver and variations

All orders that you place with us will be on these terms (or any that we may issue to replace them).  By placing an order with us, you are expressly waiving any printed terms you may have to the extent that they are inconsistent with our terms.

 

Force majeure

If we are unable to perform our obligations to you (or able to perform them only at unreasonable cost) because of circumstances beyond our control, we may cancel or suspend any of our obligations to you, without liability. Examples of those circumstances include act of God, accident, explosion, war, terrorism, fire, flood, transport delays, strikes and other industrial disputes and difficulty in obtaining supplies.

 

General

English law is applicable to any contract made under these terms.  Any disputes arising out of this contract shall be submitted to the exclusive jurisdiction of the English Courts. If any of these terms are unenforceable as drafted (i) it will not affect the enforceability of any other of these terms; and (ii) if it would be enforceable if amended, it will be treated as so amended.

 

 

Last updated – 26 November 2022