All Contracts of sale made by Justop Ltd shall be deemed to incorporate these Terms and Conditions. These shall prevail over any other document or communication from the buyer. All orders are accepted and fulfilled subject to these terms and conditions unless otherwise agreed in writing by the seller (Justop Limited) and the buyer.
1.1 The company means `Justop Limited’ `JUSTOP’ and any reference to `we’, `us’, `our’ or `the seller’
1.2 The customer means any person/company who buys/intends to buy goods from the company with reference to `you’,`the customer’and the nuyer’.
1.3 Purchase order means any order for goods submitted by the customer to Justop and acknowledged or accepted by the company
1.4 Goods means the products sold by the company to the customer subject to a valid Purchase Order.
2.1 All prices quoted are exclusive of VAT and delivery .Any additional charges for postage and carriage shall be borne by the buyer
2.1 Prices quoted on any price list are only for guidance and are subject to change without prior notice
2.2 Prices are subject to change without prior notice and at the discretion of Justop Ltd
2.3 We reserve the right to revise prices prior to despatch of goods to reflect any increase in costs whether direct/indirect.We will inform the customer prior to despatch of goods.
3.0 Purchase Order Acceptance
3.1 Each purchase order is an offer by you to purchase goods subject to our terms and conditions
3.2 All purchase orders are subject to the acceptance and to the availability of the goods ordered. The company is entitled to refuse any Purchase Order placed by you.
3.3 No order resulting from any quotation, pro-forma invoice, price list or similar document made or issued by the company shall be binding unless it is accepted by the company.
3.4 If goods are unavailable at any one time, the seller shall not be liable to any contract. Due to any shortages the seller shall be at liberty to deliver any goods in instalments and delivery will be subject to a separate contract.
3.5The company may at its discretion accept or reject any Purchase Order on account of the following: a) Goods or product unavailable at the time
b) Price or offer indicated no longer valid c) Payment not received in full or defaulted d) Buyer must be at least 18 years of years
4.0 Product Specifications
4.1 All specifications,descriptions,catalogues,price list and other technical information are given as accurately as possible and are only as a guide.
4.2 We endeavour to ensure all images and specifications as advertised are correct. As such we can accept no responsibility or liability for inaccurate images or information.
4.3 The seller may further alter the goods to introduce improvements. The seller accepting no liability for their accuracy.
4.4 Where the product is not available at the specification/description, Justop Limited will advise you by email or other correspondence an alternative product/price and indicate availability.
4.5 Any acceptance by email or alternative correspondence will be bound by these terms and conditions.
4.6 Justop Limited reserve the right to make without prior notice minor modifications in specification due to factory,product modifications or any statutory . safety requirements
5.1 Both parties agree that the goods remain the sole property of Justop Limited until payment has been received in full at the time of submitting the Purchase Order.
5.2 Justop Limited reserve the right to recover and resell goods if the buyer defaults on any payment.
5.3 Justop Limited will not be bound to deliver any goods until payment has been made in full prior to the despatch of goods.
5.4 Any failure to pay shall entitle Justop Limited at its option to treat any contract as being repudiated or to delay delivery until payment has been made in full.
5.6 If the buyer fails to pay the seller in full on the due date we may suspend or cancel any future orders.
5.7 If payment becomes overdue by more than fourteen days, under the terms of the Late Payment of Commerical Debts (Interest) Act, 1998, Justop Limited retain the right to charge interest on the sum invoiced at the rate of 5% above the base rate of National Westminster Bank or 15% per annum whichever is greater.
This will be measured by:
a) Calculating (on a daily basis) from the date of our invoice until payment
b) Compounded on the first day of each calendar month
c) Before and after any judgement (unless the court orders otherwise)
5.8 In the event of any act or proceedings commenced against the buyer for insolvency, all monies due under any transaction or agreement shall immediately become payable.
5.9 Justop Limited reserve the right to terminate any contract of sale, without incurring any liability to the buyer, if the buyer (Company) has a petition for its winding up, or has a receiver appointed for all or part of its assets, or if the buyer becomes bankrupt or insolvent.
6.1 The risk in the goods shall pass from the seller to the buyer upon delivery or such goods to the buyer.
6.2 However notwithstanding delivery and the passing of risk in the goods, title and property in the goods, including full legal and beneficial ownership, shall not pass to the buyer until the seller has received in cash or cleared funds all monies in full for all goods delivered to the buyer . Payment of the full price shall include, without limitation, the amount of any interest or other sum payable under the terms of this and all other contracts between the seller and buyer.
6.3 The buyer must inform the seller (in writing) immediately if they become insolvent.
6.4 If the buyers right to use and sell the goods ends, the buyer must allow Justop Limited or any of its agents without prejudice to any of our rights, to recover or enter any premises (with permission of the owner or occupier) where the goods may be stored:
a) At a reasonable time to inspect them and
b) To remove them in the event of invoice non-payment by the due date and to use reasonable force if necessary. The buyer will further be liable for any costs in doing so.
6.5 Despite our retention of title to the goods, Justop Limited have the right to take legal proceedings to recover the price of the goods supplied or any legal or other reasonable costs should the buyer not pay the seller by the due date
6.6 The buyer is not the sellers agent. The buyer has no authority to make any contract on the sellers behalf or in the sellers name.
7.1 Carriage and delivery charges are payable by the buyer on all deliveries unless agreed by Justop Limited prior to the despatch of the goods.
7.2 Delivery charges quoted apply to Great Britain mainland only (excluding Scottish highlands). Extra charges are levied for residents of Northern Ireland, The Republic of Ireland, The Isle of Man, and Scottish Highlands as well as other off-shore territories in the UK now aforementioned.
7.3 Delivery of the goods shall be made at the buyers address given at the time of the Purchase Order. The buyer must make all necessary arrangements to take delivery .
7.4 All goods must be signed for by an adult at least 18 years old. It is the customers responsibility to ensure they receive the goods once they are delivered and signed for.
7.5 Whilst every effort is made to deliver goods on time, no liability can be accepted by Justop Limited for failure to deliver within the advertised time
7.6 Justop Limited shall not be liable for any losses, costs, damages or expenses incurred by the customer or third party , company arising directly or indirectly out of any failure to meet any estimated delivery date.
7.7 If you accept delivery of the goods after the estimated delivery time, you will be accepting delivery on the basis that you have no claim against us for delay
7.8 Acceptance of delivery or goods shall be deemed as evidence of your acceptance of these terms and conditions.
7.9 It is the customers responsibility to inspect the goods on delivery. You must sign the delivery document in confirmation that the goods arrived in satisfactory quality.
7.10 Any shortage, loss or damage or goods must be reported in writing to C& J Computers within 48 hours of the delivery date for the contract to be valid
7.11 Goods differing in description from the invoice must be reported in writing to Justop Limited within 48 hours of delivery for the contract to be valid.
8.1 Justop Limited accepts no responsibility for any loss or profits or contracts caused to the buyer or any third party for the receipt of faulty goods.
8.2 The buyer shall have no claim for loss of profits or contracts or any other loss which may be suffered by the buyer or any third party arising out of a breach of warranty.
8.3 The period of standard warranty of goods free of defects is seven days for PC cases, one year for power supplies, Keyboard, speakers, headphones and other products, unless specially indicated.
8.4 The warranty period shall commence from the invoice date.
8.5 In the event of any defective goods, the seller shall repair or replace in whole or part (at its discretion) the defective goods. Items may be replaced with a refurbished product.
8.6 Justop Limited cannot accept any returned goods found to fall into one or more of the following categories:
a) The goods are in some way physically damaged by the buyer
b) The warranty label is found to have been tampered , torn or destroyed and the warranty will be void
c) The goods are found not to have been sold to the customer by the company
d) The goods do not have an appropriate RMA number displayed clearly on the items
The warranty shall further no cover any defect caused by:
a)Fair wear and tear
b) By whole or in part by the buyers negligence
c) By improper or unauthorised use including any attempt to carry out repairs.
8.7 Justop Limited will not accept any goods back for credit unless such returns have been authorised (with an RMA number) and the goods have been returned to the sellers premises at the buyers own cost and delivery service within seven days of the invoice date. Justop Limited retain the sole discretion whether to accept the return of goods and whether to issue a credit note. Goods returned damaged due to the buyers negligence (including inappropriate packaging) will not be subject to a replacement during that period.
8.8 Goods must be returned to us with an authorised RMA number and paperwork correctly filed out. A clearly recognisable RMA number must be shown on the outer packaging for idenfication purposes.
8.9 The buyer agrees to return the faulty goods to Justop ltd by their courier and at their expense. Justop Limited are not liable for any delivery charges or the return of faulty goods.
8.10 Justop Limited will not be liable for any loss or damage to the returned goods in transit with the buyers courier.
8.11 Our total liability to you in respect of any discrepancy in the goods or any damages caused as a result or for any other liabilities will be limited to the full purchase price of the goods stated on the purchase order, this being at the discretion of Justop Ltd.
8.12 Where the manufacture offers any product warranty including warranty beyond Our warranty period, We will not be liable for any warranty claims from You and You may have to claim under warranty directly from the manufacturer or their agent. The main reason for this is that they would like to ensure that their customers receive the best possible support on their products.
9.0 Guarantees and After Sales service
9.1 Justop Limited cannot warrant any suitability of any goods for fitness of purpose. It is the customers responsibility to ensure compatibility of any goods offered by Justop Ltd.
10.0 Law and Jurisdiction
10.1 This contract is deemed to have been made in England and these terms and conditions shall be governed by and construed in accordance with the laws of England and Wales.
10.2 The parties submit to a non-exclusive jurisdiction of the English and Welsh Courts.
10.3 In the event of any one or more of the provisions of these terms and conditions shall for any reason be held to be invalid, illegal or unenforceable, the remaining provisions shall remain valid and enforceable.
10.4 The Contract (Rights of Third Parties) Act 1999, and any subsequent amendments of the legislation shall not apply to the agreement between the company and the customer and accordingly nothing in it shall be directly or indirectly enforceable by any third party, nor is it intended to confer a benefit on any third party.