Terms & Conditions

Contracts and orders are only accepted upon and subject to these terms and conditions of sale, which shall govern the contracts to the exclusion of any other terms and conditions subject to which any quotation by us is accepted or purported, to be accepted and in particular these conditions shall override any conditions of purchase of the customer. No variation of these conditions shall be deemed to be applicable unless expressly accepted by us in writing.

1. TERMS OF PAYMENT:-

Unless credit terms have been previously agreed between us and our customer the moneys due and payable upon delivery to the customer delivery address. Each customer order placed with us is a separate contract.
The right to reserve to charge interest at the rate of 3% above the base rate for the time being of HSBC Plc on overdue accounts until payment in full is made.
If at any time payment is not made in accordance with these terms and conditions we specifically reserve the right to suspend supply or delivery of any orders not then completed and we shall be entitled to recover any extra cost incurred as a result of the suspension from the customer.

 
2. SAFE CUSTODY:-

Where goods are delivered to site or a customer delivery address the customer will be responsible for the safe custody and appropriate storage of the goods as soon as they are delivered to the site.

3. TIME FOR COLLECTION OR DELIVERY:-

(i) Any time or date for the collection or delivery of goods under this contract is given by us as a business estimate only and not a contractual obligation but we will endeavour to deliver the goods within 30 days of the order.
(ii) hereof and until such time, time for collection or delivery shall not be deemed to be of the essence of the contract. We will make every endeavour to provide the goods for collection or delivery by the time or date given but the failure to do so for any reason will not entitle the customer to cancel the contract nor shall we be liable for any direct, indirect or consequential loss claimed to have arisen directly or indirectly from any delay.
(iii) If the customer has been notified by us that we are ready to supply the goods and a collection date is notified to the customer either verbally or by writing any goods which remain on our premises after the collection date are held at the customers risk and expense (and without prejudice to the generality of the foregoing) we may charge the customer for reasonable costs of storage and insurance.

4. REPRESENTATIONS:-

No employee or agent of ours is authorised to make any representations concerning goods quality or fitness for purpose unless such representatives are confirmed by us in writing.
Any advise or recommendation given by us or our employees or agents as to the customer or the customers employees or agents as to the storage application or use of the goods which is not confirmed in writing by us is followed or acted upon entirely at the customers risk and accordingly we shall not be liable for any such advice or recommendation which is not so confirmed.

5. WARRANTIES AND LIABILITIES:-

(i) Subject to the conditions set out below we warrant the goods and services provided by us will be free from defects in material and workmanship for a period of 12 months from the delivery of the goods so such other period as shall be specified in the sale invoice whichever be the shorter.
The above warranty is given by us subject to the following express conditions:-
(a) We shall be under no liability in respect of any defects in the goods arising from any drawing, plan, design or specification supplied by the customer or their failure to meet any purpose or requirement of the customer unless such purpose of requirement of the customer unless such purpose requirement was made known to us at the time the customer placed the order for such goods.
(b) We shall be under no liability in respect of any defect arising from fair wear and tear willful damage negligence abnormal working conditions failure by us to supply or by the customer to follow our instructions or manufacturers instructions (if any) (whether oral or in writing) misuse, abuse or alterations or repair of the goods without our approval or failure to follow any recommended service or maintenance procedures or recommendations of any of our engineers or the authorised engineers of the manufacturer of the goods.
(c) We shall be under no liability under the above warranty (or any other warranty conditions or guarantee) if the total price for the goods has not been paid by the due date for payment.
(d) The above warranty does not extend to materials or equipment not manufactured by us or to the services provided by others in respect of which the customer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer or the provider of the services ( as the case may be) to us.
(ii) Subject as expressly provided in these conditions and accept where the goods are sold under a consumer sale (as defined by the Sale of Goods Act 1979 of any statutory modification Thereof) all warranties conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
(iii) Where the goods are sold under a consumer sale ( as defined by the Sale of Goods Act 1979 of any statutory modification Thereof) the statutory rights of the consumer are not affected by these conditions
(iv) Any claims by the customer which are based upon any defect in the quality or conditions of the goods or their fitness for purpose or for any purpose failure to correspond with specification or any dissatisfaction by the customer in the performance of this contract shall be notified to us within 7 days from the date of delivery, collection of the goods under the contract.
(v) Where any valid claim is held upheld in respect of any of goods the subject of this contract based on a defect in the quality or condition of the goods or their failure to meet specification or any claim based upon dissatisfaction by the customer in respect of the performance of this contract is notified to us in writing in accordance with these conditions we shall be entitled to replace the goods (or the part in question) or remedy any defect in performance of this contract free of charge or at our sole discretion refund to the customer the price of the goods ( or a proportionate part of the price) but we shall have no further liability to the customer.
(vi) Except in respect of death or personal injury caused by our established negligence we shall not be liable to the customer by reason of any representation or any implied warranty condition or other term or any duty at common law or under the express terms of the contract for any consequential loss or damage (whether for loss of profit or otherwise) costs expenses or other claim for consequential compensation what so ever (and whether caused by negligence or by the negligence of our employees or agents or suppliers or otherwise) which arise out of or in connection with the supply of the goods or of their use or resale by the customer or the performance of this contract except as expressly provided in these conditions.
(vii) We shall not be liable to the customer or be deemed to be in breach of the contract by reason of any delay in performing the contract or by any failure to perform any of our obligations in relation to the goods if the delay or failure was due to any cause beyond our reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond our reasonable control:
(a) An act of God Explosion flood tempest fire or accident.
 (b) War or threat of war sabotage insurrection civil disturbance or requisition.
 (c) Acts restrictions regulations by-laws prohibitions or measures of any kind on the part of any governmental parliamentary or local  authority.
 (d) Import or export regulations or embargo.
 (e) Strikes lock outs or other industrial action or trade disputes.
 (f) Difficulties in obtaining raw material labour fuel parts or machinery.
 (g) Power failure or break down in machinery.
 (h) Failure by the customer to collect goods or to provide safe and/or adequate storage conditions on site.

6. RISK AND PROPERTY

Not withstanding delivery and the passing risk in the goods or any other provision of these conditions the property in the goods shall not pass to the customer until we have received in cash or cleared funds payment in full of the contract price in accordance with our quotation and such further sum or sums as may be due pursuant to the terms of this contract as notified by us to the customer.
Until such time as the property in the goods passes to the customer the customer shall hold the goods as our fiduciary agent and bailee and shall keep the goods separate from other goods of the customer and third parties and properly stored protected insured and identified as our property.
Until such time as the property in the goods passes to the customer we shall be entitled at any time to require the customer to deliver up the goods to us and if the customer fails to do so forthwith to enter upon any premises of the customer or any third party where the goods are stored and repossess the goods the customer being deemed to give us full right and authority to do so without fear of trespassing.
The customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the goods which remain our property but if the customer does so all moneys owing by the customer shall (without prejudice to any other right or remedy we may have ) forthwith become due and payable.

7. INSOLVENCY OF THE CUSTOMER

This clause applies if:
(a) The customer makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) become bankrupt or (being a company) goes into liquidation (otherwise than for the purposes of an amalgamation or reconstruction) ; or
(b) An encumbrance takes possession or a receiver is appointed of any of the property or assets of the customer; or
(c) The customer ceases or threatens to cease to carry on business; or
(d) We reasonably apprehend that any of the events mentioned above is about to occur in relation to the customer to the customer and we notify the customer accordingly.
If this clause applies then without prejudice to any other right or remedy available to us we shall be entitled to cancel the contract or suspend any further deliveries under the contract without any liability to the customer and if the goods have been delivered but not paid for the price shall become immediately due and payable not withstanding any previous agreement or arrangement to the contrary.

8. MANUFACTURERS WARRANTIES

Any goods supplied under this contract shall be supplied with the benefit of any warranties or guarantees given by the manufacturer or supplier.
This contract shall also be governed by the specific terms and conditions of the manufacturer of the goods save that where the terms and conditions of the manufacturer are inconsistent with these terms and conditions shall prevail.

9.  DISTANCE SELLING REGULATIONS

Under the Consumer Protection (Distance Selling) Regulations 2000 we confirm as follows:-
a)  the company name is Roger Jones and Sons Ltd.
b)  our address is Bedwas House Industrial Estate, Greenway Road, Bedwas, Caerphilly, CF83 8DW.
c)  our contact details are as set out on our website.
d)  we are members of Constructionline, Federation of Master Builders, NICEIC Approved Contractors and  CHAS registered.

e)  our VAT Number is [535 419 542]                       ].
f)  all sale prices set out the VAT amount and are deemed to be VAT exclusive. Prices shown in brackets are inclusive of VAT.
g)  Please refer to our Delivery & Packaging page for the costs, shown as an additional costs.

10.  CANCELLATION

a)  as we have provided you with all relevant information when the goods were ordered you have 7 days after the date the goods are ordered by you to cancel the order.  If you were to cancel you must inform us in writing, by fax, email or letter.  On return of the goods (if they have already
been dispatched to you in an undamaged condition) you will receive a refund.
b)  This clause does not affect your statutory rights.

11. GENERAL

The right is reserved by us, to subcontract the performance of any obligation hereunder to a subcontractor of our choice without giving notice to the customer.
Any notice required or permitted to be given by either party to the other under these conditions shall be in writing addressed to that other party at its registered office or last known principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
No waiver by us of any breach of the terms of the contract by the other customer shall be considered as a waiver of any subsequent breach of the same or of any other provision.
If any provision of these conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected thereby