Definitions
“Company” means Jacarem Ltd of 78, Asheridge Road, Chesham, Bucks HP5 2PY.
“Customer” means any person, firm or company purchasing the goods or services supplied by Jacarem Ltd.
“Conditions” means these terms and conditions.
“Goods” means any goods supplied or to be supplied by the Company to the Customer.
“Services” means any services supplied or to be supplied by the Company to the Customer.
“Supplies” means any goods or services supplied or to be supplied by the Company to the Customer.
“Contract” means any contract between the Company and Customer for the sale and purchase of Supplies.
“in writing” includes electronic communications.
“Catalogue” means the catalogue (in whatever form, whether paper or electronic) in which these Conditions are set out.
Conditions
All orders are accepted by the Company subject to and in accordance with these conditions. These conditions override and exclude any terms or conditions in or referred to in any negotiations or course of dealing between the Company and the Customer or set out in the Customer’s standard terms and conditions. If there is any conflict between the provisions of the order and these Conditions, these conditions will prevail unless the Company agrees otherwise in writing. Together with any terms accepted by the Company in connection with an order, these Conditions constitute the entire agreement between the Company and the Customer in relations to the Supplies ordered. No variation to these Conditions is permitted unless expressly authorised in writing by a director of the Company.
About this Site
This website is for the use of our customers interested in using our services. The company reserves the right to change these terms and conditions at any time. Any such changes will take effect when posted onto this website and it is the customer’s responsibility to read the terms and conditions on each occasion you visit the website.
Disclaimer
The content of this website is for general information purposes only. It does not constitute professional advice nor should it be relied on as such. Whilst we take care to ensure that the information provided is up-to-date and accurate, no warranty, express or implied, is given. To the extent permitted by English law, we exclude all liability or any loss or damage, direct or indirect, arising from the customer’s use of this site, including any reliance on its content.
Description
All specifications, drawings, illustrations, descriptions and particulars of weights, dimensions, capacity or other details including, without limitation, any statements regarding compliance with legislation or regulation (together “Descriptions”) wherever they appear (including without limitation in this Catalogue, on data sheets, application notes, despatch notes, invoices or packaging) are intended to give a general idea of the Supplies, but will not form part of the Contract. If the Description of any Goods differs from the manufacturer’s description, the latter shall be deemed to be correct. The Company shall take all reasonable steps to ensure the accuracy of Descriptions but relies on such information, if any, as may have been provided to it by its suppliers and accepts no liability in contract or tort or under statute or otherwise for any error in or omission from such Descriptions whether caused by the Company’s negligence or otherwise. The Company may make changes to the Supplies as part of a continuous programme of improvement or to comply with legislation.
Intellectual Property
All copyright and all other intellectual property rights in all materials and/or content contained on this Website shall remain at all times vested in the Company or our licensors. You are permitted to use this material only as expressly authorised by the Company or our licensors.
The customer acknowledges and agrees not to (and agrees not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material or content.
Acceptable Use
It is impossible to provide an exhaustive list of exactly what constitutes acceptable and unacceptable use of this website. In general, the company will not tolerate any use of our website which damages or is likely to damage our reputation, the availability or integrity of the website or which causes or threatens to cause our company to incur any legal, tax or regulatory liability.
Links
This website includes links that allows the customer to leave this website and visit third party sites. Our company has no control over and are not responsible for the content or availability of those third party websites. Our company is also not responsible for any products or services the customer buys through those sites or for the treatment of any personal information the customer provides to the third party.
Prices
Prices for Supplies are in £ sterling, exclusive of VAT and delivery charges, which will be added at the time of despatch.
The Company has used all reasonable endeavours to ensure that prices for Supplies are accurately set out in the Catalogue and on quotations but reserves the right to change its prices without notice at any time (including after the customer order has been acknowledged) due to circumstances beyond the Company’s control, such as manufacturer’s price increases, exchange rate fluctuations etc and to correct any errors and omissions.
Payment
First orders, non-account customers and on-line orders are always on a pro forma basis (payment in advance).
The Customer is liable to pay for all goods supplied to him by the Company on or before the 30th day from the end of the month in which the invoice was dated (if they have a credit account). If the customer fails to make payment by the due date then, without prejudice to any other right or remedy; the Company shall be entitled to suspend any further deliveries until such time as full payment of account is made and confirmed.
The Company reserves the right in its absolute discretion to grant, refuse or discontinue any credit facilities or reduce or suspend any credit limit at any time.
The company reserves the right to deliver in more than one shipment at his discretion.
Invoices will be sent electronically to the email address provided during the application process. This can be changed or a printed invoice requested by contacting the Jacarem Accounts department. If a printed invoice is required, Jacarem reserves the right to levy a charge to cover postal costs.
The Company reserves the right to charge for copy invoices or credit notes at the rate of £1.00 per copy where the original has been lost or misplaced by the Customer. If legal action is taken to recover monies due to the Company then the Company reserves the right to charge the Customer an administration fee to cover all and any costs incurred.
Orders.
The Company minimum order value is £30.
The Company reserves the right to decline to trade with any company or person. Orders from the Customer, either by telephone, fax, e-mail or post shall be deemed as binding
To avoid duplication, written confirmation of telephone orders must be clearly marked ‘Confirmation only’. The Company will not accept liability for orders not so marked and duplicate orders will be charged accordingly.
Once accepted, no order may be cancelled without the prior written agreement of a director of the Company. Without limiting the generality of this, orders for Goods which are not in catalogue or non stock items may not be cancelled.
The Company reserves the right to refuse re-scheduling of any existing order.
The Company will not accept a reschedule for cable assemblies unless a minimum of six weeks notice is given and agreed to in writing by the Company.
Cable assembly orders must be accompanied by a drawing or a sample before assembly work can proceed.
Orders for Goods are usually accepted by the Company by despatching the Goods provided, however, that despatch will not be acceptance where the price for the Supplies has been incorrectly quoted or referenced by the Customer in its order.
Delivery
Unless otherwise stated, next day carriage and packing are not included in quote prices. Timed deliveries and goods weighing over 10 kilos are charged to the Customer at an additional cost to any standard delivery charges.
Any delivery date quoted is not guaranteed nor is the time quoted for delivery a condition of the contract. The Company will not be liable for any failure to meet a delivery date nor for loss or consequential loss of any kind arising from a delay in delivery howsoever caused.
Delivery will be made to the address specified by the Customer.
The supplier reserves the right to deliver in more than one shipment at his discretion.
The supplier shall retain title to all goods delivered until such time as full payment of account is made and confirmed.
Collection by personal callers is welcome, but please await the Company’s confirmation that the order is ready. Please note that goods should be collected within one week of arrangement.
Inspection, Defects and Non delivery
The customer will inspect the supplies upon arrival or as soon as is reasonably practicable after delivery. If the supplies do not correspond in nature to the goods ordered, the Customer will give the Company written notification of any discrepancy within 10 days of the date of despatch, failing which the customer shall be deemed to have accepted the goods.
Returns
Prior to returning any Goods to the Company for any reason, the Customer must contact the Company to obtain a returns authorisation number (‘RMA’). The Company operates a 21 day return policy. To be accepted for return on this basis, Goods should be returned for receipt by the Company within 21 days of despatch. The Customer should return the Goods to “The Returns Department, Jacarem Ltd, 78 Asheridge Road, Chesham, Bucks, HP5 2PY” clearly quoting the Returns Material Authorisation Number (RMA), and order number on the outside of the package.
All Goods are returned at the Customer’s risk and expense and should be undamaged by the Customer and in their original packaging, no later than 7 days after the issue of the Returns Authorisation Number. The Customer is responsible for returning Goods to the Company and for providing proof of delivery of such return.
Goods for replacement or credit when supplied correctly, will be subject to a 25% handling charge of the invoice value of the Goods (subject to a minimum charge of £15).
Please note that the Company cannot accept the return of custom cables assembled to the Customer’s specification, or other custom or build-to parts.
Warranty/Guarantee
The Company will endeavour to transfer to the Customer the benefit of any warranty or guarantee given by the manufacturer of Goods.
In addition, the Company will, free of charge, repair or, at the Company’s option, replace Goods which are proved to the reasonable satisfaction of the Company to be damaged or defective due to faulty materials, workmanship or design.
This Warranty shall be invalidated if the products:
a. have not been installed, handled, or used in accordance with the Company’s recommended procedures or used in the wrong application; or
b. have been modified;
c. have been damaged through misuse, mishandling, negligence, or abuse of the Customer or of any subsequent purchasers; or
d. are damaged by causes external to the products, including (without limitation) shipping damage, power failure, fire, or accident or catastrophe of any nature; or
e. have been subjected to repairs or attempted repairs by any person other than the Company.
Any replacement Supplies made or Goods repaired under this Condition will be guaranteed on these terms for any unexpired portion of the period of guarantee given on the original Supplies. Any Goods which have been replaced will belong to the Company.
Prohibited Applications
The Goods are not designed, authorised or warranted to be suitable for use in anti-personnel landmines, nuclear facilities or weapons, chemical or biological weapons, missile technology, space or aircraft or air traffic applications, life support or life sustaining equipment, surgical implantation equipment or for any other purpose where the failure or malfunction of the Goods could reasonably be expected to result in personal injury, death, severe property or environmental damage. Use or inclusion of the Goods in any such equipment, system or applications is strictly prohibited (unless the Company agrees in writing that such prohibition does not apply to a particular product) and any such use will be at the Customer’s own risk. The Customer will indemnify the Company and its suppliers against any and all liability and expense (including costs) resulting from any such inclusion or use.
Business customers
The Company is a business to business supplier. The Catalogue and other product brochures produced by the Company are intended for use by business customers and not consumers. By ordering, the Customer confirms that he, she or it wishes to obtain the Supplies for the purposes of his, her or its business and not as a consumer.
Use of Personal Data
“Personal Data” means, in relation to any Customer, or any representative of a Customer who is (in either case) a living individual, any data from which (whether alone or in combination with other information held by the Company) the Company can identify that Customer or that representative, regardless of how and when that data is provided. The Company may process Personal Data for all purposes contemplated in these Conditions or arising in the context of the relationship between the Company and the Customer including:
i. Deciding whether to enter into any contract or arrangement with that Customer. This may include conducting credit reference searches against a Customer or its representatives and the disclosure of information to the relevant agency as to how that Customer conducts its account, and other anti-fraud or identity checks;
ii. Order fulfilment, administration, customer services, profiling the Customer’s purchasing preferences and to help to review, develop and improve the company’s business and the goods and services it offers;
iii. Direct marketing of the Company’s products and services which the Company believes may be of interest to the Customer or its representatives, whether by post, fax, telephone, email, SMS, MMS or otherwise, to the extent that it is lawfully entitled to do so;
iv. Crime prevention or detection.
For more information on the Company’s use of personal data please see the Company’s privacy policy on its website.
Risk and Ownership
The risk of damage to or loss of goods will pass to the Customer when the Goods are unloaded from the Company’s carriers at the Customer’s premises. Ownership of the Goods shall not pass to the customer until the Company has received in full (in cash or cleared funds) all sums due in respect of the Goods. Until ownership passes to the Customer, the Customer must hold the Goods on a fiduciary basis as the Company’s bailee. If payment is not received in full by the due date, or the Customer passes a resolution for winding up or a court shall make an order to that effect, or a receiver is appointed over any assets or the undertaking of the Customer or an execution or distress is levied against the Customer, the Company shall be entitled, without previous notice, to retake possession of the Goods and for that purpose to enter upon any premises occupied or owned by the Customer.
Force Majeure
The Company shall not be liable to the Customer in any manner or be deemed to be in breach of these conditions because of any delay in performing or any failure to perform any of the Company’s obligations under this Contract if the delay or failure was due to any cause beyond the Company’s reasonable control (which shall include, but not be limited to government actions, war, fire, explosion, flood, import or export regulations or embargoes, labour disputes or inability to obtain or a delay in obtaining supplies or goods of labour). The Company may, at its option, delay the performance of, or cancel the whole or any part of a Contract.
Law
This contract shall in all respects be constructed and operate as an English contract, conform to and be governed by English law and be subject to the jurisdiction of the English Courts.
Security Statement
You can be assured that when placing your order through the Jacarem Online Catalogue your details are secure. The Jacarem Web site uses SSL (which stands for “Secure Sockets Layer”), the de facto standard for Internet security.