These terms and conditions 1-16 shall be the sole conditions of contract between E. Jordon (Refrigeration) Ltd. (hereinafter called “the company” which expression shall include any subsidiary or associated company) and the purchaser. No other conditions or amendments to these conditions shall be valid unless expressly agreed in writing by a designated and authorized officer of the company.
In this Contract:-
“the Contract” means the agreement for the sale of the Goods and the provision of the Installation or the provision of the Service of which these terms and conditions shall form a part.
“contract work” means the whole of the supply, installation, commissioning, servicing, repair or maintenance work which is detailed in the contract.
“the installation” means the process of fitting the Goods and rendering of the machinery operative (where such installation is part of the Contract).
“the Service” means any repair servicing or maintenance work to be provided by the Company pursuant to the Contract.
“the Goods” means those Goods (including any instalment of the goods or any part of them) which the Company is to supply under the Contract.
“the Contract Price” means the amount shown overleaf as the price of the Goods and/or the charge for the installation, or the charge for the Service.
“the purchaser” means the person or company detailed overleaf including any agent who accepts the company offer based on these conditions.
“the offer” means this quotation/tender incorporating these conditions without amendment, addition or deletion.
“the acceptance” means the unequivocal acceptance of the offer in writing by the purchaser which must be made within the period for acceptance stated in these conditions or elsewhere in the offer.
“the Guarantee Period” means the period specified in the quotation and if no period is specified the period of 6 months from the date of supply.
“Completion” means time of the delivery of the Goods unless installation is included in the Contract in which case Completion means the last moment of installation excluding any maintenance or guarantee.
3. HOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996
3.1 This clause applies only to any contract which is a construction contract under the above Act and shall, where applicable, replace rights and obligations elsewhere in these terms and conditions. Otherwise the remaining terms and conditions shall remain in full effect.
3.2.1 The purchaser shall, at intervals of not more than 4 weeks calculated from the date for commencement of the works certify progress payments to the total value of the work properly executed and the materials and goods properly brought upon the site for the purpose of the works. The certificate shall state to what the progress payment relates and the basis upon which it has been calculated. The final date for payment by the purchaser of the amount so certified shall be 14 days from the date of issue of that certificate.
3.2.2 Not later than 5 days after the date of issue of a certificate of payment the Purchaser shall give a written notice to the company which shall specify the amount proposed to be made, to what the amount relates and the basis on which that amount was calculated.
3.2.3 Not later than 5 days before the final date for payment the purchaser may give a written notice to the company which shall specify any amount proposed to be withheld and/or deducted from the amount due, the grounds for such withholding and the amount of withholding attributable to each ground.
3.2.4 Subject to any notice given in 3.2.3 above the purchaser shall no later than the final date for payment pay the company the amount specified in the notice in 3.2.2 the amount stated as due in the certificate.
3.2.5 Without affecting any other rights and remedies of the company, if the purchaser, subject to any notice given under 3.2.3 above fails to pay the company in full by the final date for payment and such failure continues for 3 days after the company has given the purchaser written notice of his intention to suspend performance the company may then suspend such performance until payment in full occurs.
3.3.1 If a dispute or difference arises under this contract which either party wishes to refer to adjudication, the dispute shall be referred to an adjudicator nominated by the president or chairman or their appointed deputies of the National Specialist Contractors Council. The adjudication shall be carried out under the rules of The Scheme for Construction Contracts (England and Wales) Regulations 1998 Part 1 [S.I. 649/1998] or any subsequent enacted change.
4. QUALITY AND DEFECTS
4.1 Save as expressly provided herein the Company shall exclude any warranty condition or statement express or implied statutory or otherwise as to quality workmanship or fitness of the Goods or the Installation and the Company shall not be liable for any injury loss or damage of whatsoever nature and however arising in connection with any defective or unsuitable Goods or Installation whether original or replaced except in so far as such liability cannot lawfully be excluded from the Contract and the Company shall not in any event be liable for loss of profit or any other form of consequential loss.
4.2 No terms conditions guarantees representations or undertakings made to the Purchaser by any of the Company’s salesmen agents employees or representatives shall be binding unless confirmed in writing by the Company.
4.3 In the event of the Goods developing under proper use any defect (other than in respect of fair wear and tear corrosion accident or by any action omission or neglect of the Purchaser or his Agents) the Company shall at its own expense replace or repair such Goods as are defective so as to remedy the defects.
4.4 The Company shall be under no liability pursuant to 4.3 above (or any other warranty condition or guarantee) if the total price for the Goods, or Installation, or Service has not been paid by the due date for payment.
4.5 No defect shall be remedied pursuant to 4.3 above unless notice in writing is given within the Guarantee Period which shall not in any event exceed 12 months from the date of Completion unless specifically amended by the company under the terms of this particular contract. Any alteration to the standard 12 month guarantee period is specific to this contract and shall not be considered as a precedent for any previous or future contracts.
4.6 Reasonable time must be provided for the Company to remedy the defect.
4.7 No defect shall be remedied pursuant to 4.3 above if any repairs or remedial work have been carried out by any persons other than the Company without the Company’s prior written approval and the Company can accept no liability for the loss or damage of any kind or liability to a third party as a result of such repairs or remedial work.
4.8 The Purchaser and the Company shall enter into the Contract in the knowledge that the liability of the Company is to be limited in accordance with these terms and conditions and the price shall be agreed accordingly. The Purchaser acknowledges that a higher price would be payable but for such limitations.
The Purchaser shall undertake to indemnify the Company against all claims (other than claims for which the Company is liable under condition 4.3 above) relating to the Goods or the Installation in respect of any loss damage or expense whatsoever and howsoever arising whether such claims be made by the Purchaser or any third party and whether they be made in respect of contractual or tortious liability breach of statutory duty or any other liability
6. RESERVATION OF TITLE
6.1 The Goods shall remain the sole and absolute property of the Company as legal and equitable owner until such time as the Purchaser shall have paid to the Company both the Contract Price (including any retention) and all monies owed by the Purchaser to the Company on any account whatsoever.
6.2 Until such time as the Purchaser becomes the owner of the Goods the Purchaser will store them on his premises separately from his own goods or those of any other person and in a manner which makes them readily identifiable as the Goods of the Company.
6.3 The Purchaser is licensed by the Company to agree to sell all the Company’s Goods subject to the express condition that the entire proceeds thereof are held in trust for the Company and are not mingled with other monies or paid into any overdrawn bank account and shall be at all times identifiable as the Company’s money.
6.4 The Company may for the purpose of recovery of the Goods enter upon the premises where they are stored or where they are reasonably thought to be stored and may repossess the same.
6.5 If goods the property of the Company are admixed with goods the property of the Purchaser or are processed with or incorporated therein, the product thereof shall become and/or shall be deemed to be the sole and exclusive property of the Company. If goods the property of the Company are admixed with goods the property of any other person other than the Purchaser or are processed with or incorporated therein, the product thereof shall become or shall be deemed to be owned in common with that other person.
7. TRANSFER OF RISK
7.1 Notwithstanding that the property in the Goods may not have passed to the Purchaser, the Purchaser shall carry all risk of loss of and damage to them when the Goods are delivered and installed.
7.2 From when the risk of loss and damage to the Goods commences to when the company is paid in full for them the Purchaser shall:-
7.2.1 indemnify and keep indemnified the Company against all loss of and damage to the Goods and against any reduction in the resale value thereof below the price to be paid by the Purchaser.
7.2.2 insure and keep insured the Goods in an amount at least equal to the price to be paid therefore by the Purchaser; and
7.2.3 hold upon trust for the Company absolutely all proceeds of such insurance.
8. Secure payment
E Jordon (Refrigeration) Ltd uses Protx to process all online payments and uses secure encryption whenever you are asked to input personal information.
When you pay by credit card, your account will be debited when your order is forwarded, on condition that we have received pre-authorisation for your account. If sufficient funds are not available, your order will not be taken into account. For payments made on-line by credit card, the “Secure Socket Layer” (SSL) system of security is used, which allows for encrypting your banking information when on the network. Bank transfer payment: Your payment will be processed when your bank transfer is received. Once your payment is received we will dispatch your goods. The processing of off-line payments may take several days.
Payment in cash can only be made by visiting our premises at the address listed under contact us – please telephone to arrange an appointment prior to your visit.
9. Right of Retraction – Satisfied or your money back
E Jordon (Refrigeration) Ltd allows you 15 working days to return a product that you are not satisfied with. You can return the product within this time period, at your own expense, accompanied by your invoice and a completed and signed return goods voucher.
We request that you send us the merchandise by registered post and that you purchase insurance with the carrier for the value of the merchandise. This is notably necessary should they lose or damage the goods. Shipping fees remain the customer’s responsibility.
The present right of return only applies to products that are returned in their original, complete working condition (packaging, accessories, user guide etc.). Any product that has been damaged, or is not in its original packaging, or has packaging that has been worn beyond simply opening the product, will not be refunded.
Please telephone our customer services team on 0845 408 4426 to request your returns authorization number prior to returning your item.
11. Guarantees and After-Sales Service
Most of our products come with a manufacturers guarantee of at least 12 months covering at least the parts – most items come with a parts and labour warranty. Exceptions may apply to special offer, end of line or B-Grade items – where this is the case the warranty period will be clearly indicated on the product description.
E Jordon (Refrigeration) Ltd will not be held liable for poor use and its consequences on the products purchased from our Site. This includes that all products should be subject to sensible routine house keeping – including period cleaning of the interior of all storage and display chillers with a clean cloth and using a vacuum cleaner around vents (please do not clean, or touch around the compressor and electrical areas of the cabinet – if in doubt please telephone us and ask to speak to a service operative).
13. Commentary, criticism, communication
Any opinions left by E Jordon (Refrigeration) Ltd online users are screened and moderated by the marketing team.
If the comments infringe on the law or are inappropriate (abusive publicity, defamation, insults, out of context commentary…), E Jordon (Refrigeration) Ltd reserves the right to refuse it or to modify it.
14. Protection of personal data
Since the details you give us are essential for the processing and delivery of orders, for billing and for the establishment of warranty contracts, failure to provide these details will result in the cancellation of your order.
By registering on the Site, you agree to provide us with sincere and true information as it concerns you.
Communicating false information is contrary to the present General Conditions as well as the conditions of use listed on the Site.
Your personal data, such as name, address and contact telephone number may need to be passed to our suppliers and delivery contractors in order to fulfill your order. Where this is done all data will be handled in accordance with EU data protection guidelines.
15. Intellectual ownership
All the content on the E Jordon (Refrigeration) Ltd site (illustrations, texts, names, brand names, images and videos) is the property of E Jordon (Refrigeration) Ltd, its co-contractors or partners. Any partial or total reproduction of this content, by any means and on any support, is subject to prior and express authorisation by E Jordon (Refrigeration) Ltd.
E Jordon (Refrigeration) Ltd will not, under any circumstances, be held responsible if a user violates rights held by a third party through his activities on the site.
Errors and omissions excepted.