Terms & Conditions
CONDITIONS OF SALE
In these conditions "Seller" refers to D & J Simons & Sons Ltd and "Buyer" refers to the individual firm or company to whom a quotation is addressed or whose order is accepted by the Seller. These conditions shall apply in respect of all Contracts between the Seller and Buyer for the purchase of goods or services from the Seller. No other conditions are incorporated or implied into any Contract between the Buyer and the Seller unless expressly accepted in writing by the Seller.
1. APPLICATION OF CONDITIONS
All quotations, offers and tenders are made subject to the following conditions. Except as otherwise provided in these conditions, all other terms, conditions, representations or warranties are excluded from any Contract between the Seller and the Buyer unless expressly accepted in writing by the Seller.
2. RETENTION OF TITLE
- The risk in the goods passes to the buyer upon delivery, but equitable and beneficial ownership shall remain with us until full payment has been received (each order being considered as a whole). Or until prior re-sale, in which case our beneficial entitlement shall attach to the proceeds of re-sale or to claim for such proceeds
- Should the goods become constitiuents of or be converted into other products while subject to our beneficial and equitable ownership, we shall have beneficial and equitable ownership in such other products in so far as it is appropriate to apply to such other products
- Should it be necessary to send an outstanding account to an outside agency for collection, we reserve the right to charge an administration fee of up to £10.00.
- It is mutually agreed and accepted, that any dispute whatever arising from this transaction shall be deemed to fall within the jurisdiction of Shoreditch County Court.
- No person in our employment or acting or purporting to act as our agent has any authority to supply goods or to accept orders for goods on any other terms or to vary them in any way whatsoever. Acceptance of the goods by the buyer shall be conclusive proof before any court that these terms apply to that contract for the sale of goods.
- Referring to Title (Retention of Value of Monetary Figure)the property in the goods shall not pass to the Buyer until the Buyer has paid to the Seller the whole price thereof. If notwithstanding that the property in the goods has not passed to the Buyer, the Buyer shall sell the goods in such a manner as to pass to a third party a valid title to the goods, the Buyer shall hold the proceeds of such sale on trust for the Seller. The Buyer agrees that prior to the payment of the whole price of the goods the Seller may at any time enter upon the Buyer's premises and remove the goods there from and prior to such payment the Buyer shall keep the goods separate and identifiable for this purpose.
- Until title to the goods has passed to the Buyer under these conditions it shall possess the goods as fiduciary agent and bailee of the Seller. The Buyer shall store the goods separately from other goods and shall ensure that they are clearly identifiable as belonging to the Seller. During such time as the Buyer possesses the goods with the Seller's consent, the Buyer may in the normal course of business sell or hire the goods as principal but without committing the Seller to any liability to the person dealing with the Buyer. Each paragraph or sub-paragraph of this condition is separate, severable and distinct.
- We respect your privacy and do not disclose any information to third parties.
- If you feel any data we have is not correct, please contact us. We will promptly ammend if found to be incorrect.
- You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee may be payable.
- (We will not pass any of your personal details on to anyone else. However, when placing your order online you agree that you do not object to us contacting you for any of the purposes listed below, whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the below as being a breach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003)
4. CREDIT CARD SECURITY
- No credit card details are stored on this site. Secure payment is carried out by credit card.
- All items offered and paid by credit card are subject to availability.
5. DISCLAIMER / LIABILITY
- The information contained in this website is for general information purposes only. We cannot be held liable for the information provided. We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
- We cannot be held liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
- We make every effort to keep this website running smoothly. However, we cannot accept responsibility if this website is temporarily unavailable due to factors beyond our control.
- No warranty is given or implied that any particular item we offer is fit for any particular purpose. As we have no control over the way our products are used, customers must ascertain for themselves that an item is suitable for the intended purpose. Our liability is in any event strictly limited to the invoiced value of the item concerned.
- We reserve the right to make changes to the specification of any product at any time without notice. This may well have occured in order to improve our products.
- All specifications stated, such as dimensions, weights, colours, etc shown on this website and in our catalogues are for guidance only and therefore we cannot be held liable. If these specifications are crucial, please contact us.
- Where the Seller delivers goods and containers/packaging to the Buyer, the point of delivery will be the delivery vehicle’s side and the Seller accepts no liability whatever for any losses, costs or other claims in connection with the transfer of the goods and containers/ packaging from the vehicle side to the Buyer’s storage location.
- Where the Seller delivers the goods to the Buyer, the Seller ensures that all packaging are suitable to protect the goods from damage during delivery. The Seller can accept no liability for any loss or damage caused where such packaging is used for the further transportation of the goods or other unconnected goods and the Buyer must satisfy himself that the goods are safely packaged for such transportation.
- Unless the Seller has specifically confirmed to the Buyer that the goods are suitable to be mixed with any other goods, the Seller accepts no liability for admixture of the goods with any other goods and it shall be the Buyer’s sole and entire responsibility to ensure that the products concerned and the containers to be used are entirely suitable for such admixture and/or for transfer of such.
- In no circumstances shall the Seller be liable in contract, tort (including negligence or breach of statutory duty) or otherwise for any loss (whether direct or indirect) of profits, goodwill or business opportunity or for any indirect, special or consequential loss (whether or not reasonably foreseeable and even if the Seller had been advised of the possibility of the Buyer incurring the same) which arises out of or in connection with the Contract.
- Nothing contained in these Conditions shall limit or restrict the Seller’s liability for death or personal injury caused as a result of the Seller’s negligence, nor does the Seller limit or restrict its liability for fraudulent misrepresentation under the Misrepresentation Act 1967.
6. CREDIT TERMS
- All payments must be made within 45 days after date of invoice.
- We can accept cheques, credit card or BACS payment.
- If you wish to open an a/c, an application form will be forwarded to you and is very simple to complete.
- Alternatively, click here and you can apply online.
- The Seller reserves the right, at any time, to withhold credit facilities from or to limit the amount or period of credit it will grant to Buyer.
7. RETURNS POLICY
- If you have a query regarding an order, please contact your local rep or phone Head Office (0207 739 3744) and explain your query to a member of our Sales Team. In most instances, they will deal with it themselves or pass you onto the appropriate dept.
- When receiving your order, please check you have received the correct number and the condition of the parcels for any signs of damage and then sign the delivery note with any observations.
- Please do not sign as "goods unchecked" as this will not be acceptable if you wish to make a claim in the future.
- Do not dispose of any goods without permission as we may wish to inspect.
- Any goods to be returned must be arranged with ourselves first and we reserve the right to refuse any goods not prearranged for return.
- Goods may be returned for valid reasons but there is no automatic right to return unwanted items and we reserve the right to levy a handling charge plus carriage should we accept the goods back. Mitred lengths are not acceptable for credit.
- No mitred lengths are accepted as returns.
- All returns must be securely packaged.
- Failed collections (due to the customer) will be charged at the rate of which it would have cost us to collect it. This is the standard policy of transport.companies.
- Returns unless agreed, can only apply to orders sent to the UK.
8. CLAIMS DELIVERIES
- Any damaged goods, errors or shortages must be notified within 5 days of receipt and non-delivery within 7 days of invoice date.
- With orders placed before 2pm, we endeavour to despatch the same day.
- Carriage charges on orders for delivery outside the UK & Ireland will normally be higher and will be charged at cost. We reserve the right to apply an export administration charge.
- Our transport carriers assume your premises are clearly marked and open during normal working hours. A signature is required before they leave the goods.
- We cannot accept any liability for the failure to deliver 'overnight' should you have requested this service.
- We are not liable for lost, damaged, late or non-delivery of an order due to circumstances outside our control.
- We can deliver either by C.O.D. in the London area or by a national carrier, Tuffnels, after receiving payment if you do not have an a/c.
- If we have no stock after the customer has paid, we will refund if the customer requests or wait for the goods to arrive if the value is sufficient to remain on order/
- Time for delivery of the goods and completion of the services is given as accurately as possible but cannot be guaranteed. Except where otherwise agreed, the Seller shall deliver to the Buyer’s premises stated in the Buyer’s order.
- In the event that the Seller is unable to deliver the goods at the agreed time, it shall use its reasonable endeavours to notify the Buyer of the delay. A new delivery date will then be agreed. In the event that the goods cannot be delivered, or the parties cannot agree a new delivery date, the Buyer may cancel the contract and seek alternative goods at its own cost and risk.
- Failure by the Buyer to take delivery of any one or more installments of goods delivered in accordance with the Contract shall entitle the Seller to terminate the Contract either in whole or part.
9. BACK ORDERS
- For any items out of stock, you will be contacted and asked whether you wish for them to remain on order.
- Generally, we will place it on back order should the value be over £50 (inside our own van delivery area) and over £100 (when using our carriers).
- They will be dispatched asap unless you request otherwise.
10. PRICING GUIDE
- All prices shown here are ex-VAT.
- VAT is charged at the current rate of 20% is chargeable by law on the total cost of goods and carriage and on all European orders where a valid VAT number is not given.
- Prices shown on this website and in our catalogues act as a guide only.
- Please note that whilst the price list was correct at the time of print, due to factors, often beyond our control, they are for guide purposes only, and may vary at the time of placing an order.
- We reserve the right to make any adjustments as necessary without notice.
- For an exact quotation, please ask your representative or contact us directly.
- Goods will be invoiced at the price ruling on the day of sale.
- E & OE
- If an error in the price of the goods you have ordered occurs, we will inform you. You will then have the option to cancel the order or agree to the new price. If we are unable to contact we may decide to cancel the order and if you cancel and you have already paid for the goods, you will receive a full refund.
- The Seller shall be entitled to increase the price of the goods after the date of the Order for any reason or more frequently if the Seller (in its sole discretion) considers the same to be justified by reason of any material increase in the prices of raw materials used by the Seller or other overhead costs incurred by the Seller in the supply of the goods.
- Where goods are delivered by instalments or the services performed in stages the Seller may invoice each installment or stage separately and the Buyer shall pay such invoice in accordance with these conditions.
- The Seller has the right to issue a supplementary invoice in respect of any increase in tax or duty between the date of dispatch and the date of delivery for which the Seller may be liable to the appropriate authorities.
- No disputes arising under the Contract or delays (other than delays acknowledged by the Seller in writing) shall interfere with prompt payment by the Buyer.
11. COPYRIGHT NOTICE
- This website and its content is the copyright of Robobond Ltd (t/a Emafyl Ltd). All rights reserved.
- Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
(1) Printing or downloading to a local hard disk are acceptable if this is for personal and non-commercial use only.
(2) Passing onto third parties for their personal use is acceptable, only if you acknowledge our website as the source of the material.
(3) It is forbidden without our express written permission to distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
- Goods are not tested or sold as fit for any particular purpose and any item warranty or condition express implied or statutory to the contrary is excluded. In no circumstances whatsoever shall the Seller's liability (in contract tort or otherwise) to the Buyer arising under out of or in connection with this contract or the goods supplied hereunder exceed the invoice price of the particular pieces concerned; and the Seller shall be under no liability for loss or damage.
- Except as otherwise provided in these conditions, section 12 of the Sale of Goods Act 1979 is implied into the Contract and all other warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
- If the condition of the goods or services is such as might or would (subject to these conditions) entitle the Buyer to claim damages, to repudiate the Contract or to reject the goods or services the Buyer must first ask the Seller to repair the goods or supply satisfactory substitute goods or services and the Seller shall then be entitled at its option to repair or supply satisfactory substitute goods or services free of cost and within a reasonable time or to repay the price of the goods or services in respect of which the complaint is made.
- If the Seller does so repair or supply satisfactory substitute goods or services or effect repayment under condition 5 (c), the Buyer shall be bound to accept such repaired or substituted goods or services or repayment and the Seller shall be under no further liability in respect of any loss or damage of whatever nature arising in relation to those goods or services.
Whilst every effort is made to produce the exact tones of the mouldings featured throughout this catalogue, graphic limitations can effect the illustrations shown. For actual moulding samples please contact us.
14. Trade Marks etc
All trade marks, registered or unregistered design rights, copyrights, confidential information such as colour schemes, knowhow and other intellectual property rights of any nature ("Intellectual Property") in all goods or services supplied by the Seller are owned by the Seller and/or its suppliers. The Seller reserves the right at any time to require Buyer forthwith to discontinue the use in any manner whatsoever any such trade marks or other Intellectual Property.
No variation to any Contract shall have effect unless signed in writing on behalf of the Seller by an Officer of the Seller.
The Contract is between the Seller and the Buyer as principal and is not assignable without the consent of the Seller.
The Seller shall be entitled forthwith to terminate any Contract between it and the Buyer by written notice if the Buyer fails to pay any invoice in accordance with these conditions, where the control of the Buyer changes during the period of the Contract or where the Buyer commits any continuing or material breach of these conditions of sale or makes any composition with its creditors or suffers any distress or execution to be levied upon its assets or is wound up either compulsorily or voluntarily or suffers a receiver of any of its assets to be appointed or otherwise ceases or threatens to cease to carry on business.
18. Force Majeure
The Seller shall have the right to cancel or delay performance of the services or deliveries of the goods if it is prevented from or hindered in or delayed in manufacturing or delivering the goods or services or any part thereof through any circumstances beyond its reasonable control, including but not limited to war, riot, government requisitions of any kind, suspension or loss of means of transport, strikes, lock outs, labour disputes, fire, explosion, flood, accident, failure of any third party to supply the Seller, breakdown of machinery or anything directly or indirectly interfering with the goods or services (including but not limited to the price or supply of raw materials, services or any other goods relating to the contract) or the manufacture, supply, shipment, arrival or delivery of the goods. During any such period of cancellation, the Buyer shall have the right to purchase elsewhere at his own risk and cost such quantities of the goods or services as may be necessary.
The Contract shall be governed and interpreted according to the laws of England and shall be subject to the jurisdiction of the English Courts.
20. Rights of Third Parties
A person who is not a party to the Contract has no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
If any of these terms, conditions, clauses or sub-clauses are found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability will not affect the other provisions of these terms and conditions, which will remain in full force and effect.