Terms & conditions
1 All and any other business of whatever nature undertaken including any advices, information or services provided whether gratuitously or not by the Company (as hereinafter defined) is transacted subject to the conditions hereinafter appearing and each of these conditions set out shall be deemed to be incorporated in and to be a condition of any agreement between the Company and its customers. ‘The Company’ shall mean Clo Insulation (a brand name of JGM International) and the customer shall mean the person firm body corporate or incorporate or company contracting with the Company whether as agent or not and if contracting as agent then the firms agent shall be deemed to include the principal of such an agent.
2 No agent or employee of the Company has the authority to alter or vary these conditions save that should any variation be agreed to by the Company at its absolute discretion then such variation must be in writing and signed by a partner of the Company.
3 The price list is intended as a guide only, and is not an offer for sale. The Company reserves the right to alter prices and specifications without prior notice. Value Added Tax will be charged extra at the standard rate where applicable.
4 Any time named by the Company for delivery is an estimate only, and whilst every effort will be made to deliver on time, the Company will not be liable for the consequences of any delay. Claims for damage in transit or shortages shall be made in writing within 7 days of receipt of goods. Claims for non-delivery shall be made within writing within 21 days of despatch of the goods. All other claims must be made within 7 days of receipt.
5 The Company is in no way responsible for any indirect or consequential loss or of any loss to the customer arising from third party claims due to errors, defective dye, manufacture of fabric faults or delay in delivery.
6 No goods may be returned without the prior written consent of the Company. A credit note will only be issued providing the goods are undamaged and suitable for resale. The invoice number relating to the goods returned must be quoted whatever the reason for return.
7 The Company cannot accept any garment for return if they have in any way been further processed or altered. The customer shall satisfy himself as to the quality and suitability of all goods before further processing.
8 The Company shall be entitled to publish or display the customers’ designs or logos on the Company’s premises, in the Company’s literature or for exhibiting purposes.
9 The property in the goods shall only pass to the customer when payment is made for them in full by the customer. The risk in all goods shall pass to the Buyer when the delivery is made. The Company reserves the right to repossess the goods to which it has title hereunder and for this purpose the customer hereby grants an irrevocable right and licence to the Company’s servants and agents to enter upon all or any of its premises with such transport as may be necessary during normal working hours. Nothing in this condition shall confer any right upon the customer to return all the goods sold hereunder or to refuse or delay payment therefore unless otherwise agreed.
10 Delivery of goods shall be accepted and payment shall become due as noted on the invoice unless otherwise agreed in writing. Goods will only be supplied on account provided agreed payment terms are adhered to.
11 In the event of an account being overdue the customer shall be responsible to indemnify the Company for its costs incurred in collecting the amount including charges payable to debt collectors solicitors etc on a full indemnity basis. This includes the cost of legal action against the customer in order to obtain payment of outstanding accounts, the customer is responsible to pay the Company for any bank or other charges incurred on unpaid or returned cheques.
12 Any description of the goods sold is given by way of identification only and shall not constitute contract of sale by description nor shall the production or exhibition of a sample prior to the placing of an order be taken to constitute sale by sample. Fabric composition is given as a guide only and the Company reserves the right to change composition without prior notice.
13 The Company does not give or imply any warranty that the goods sold do not infringe the patent rights of a third party. If goods are manufactured to the customer’s design or according to the customer’s instructions the customer shall indemnify the Company in respect of all claims, damages, costs and expenses in respect of any alleged infringement and on discovery of such infringement the seller shall be at liberty to terminate the contract and receive payment for all goods supplied, manufactured or allocated to the customer even if not actually delivered or collected by the customer.
14 The customer’s attention is specifically drawn to the Manufacturer’s brochure and safety literature in respect of the correct use and application of products which the Company may supply. The customer shall be wholly responsible for checking that such products are entirely appropriate for the use and application to which they may be put. The specification and description of the goods which may be given is correct to the best of the knowledge of the Company. In view of the rights claimed by Manufacturers to change specification without prior notice and whilst all reasonable care is taken to ensure that due notification of such change is given, customers are advised to check the exact specifications of all goods PRIOR TO ORDER where variations will be material to performance.
15 Unless specified on the contract, no guarantee is given or implied as to quality, washing stability, colour fastness, wearability or making up quality of the goods supplied, nor as to their fitness for any other purpose expressed. The purchaser shall in no case be taken to have relied upon the skill or expertise of the seller or his agent. 16 Every effort will be made to carry out the contract but its due performance is subject to cancellation by the Company or to such variation as it finds necessary as a result of any cause beyond the Company’s control.
17 The construction, validity and performance of this contract shall be governed by the laws of England and any legal proceedings in relation to such contract shall be subjected to the jurisdiction of the English courts without prejudice to the Company’s right to bring in such proceeding before the Courts having jurisdiction in the customer’s place of residence for business.
18 These Conditions of Sale override any Conditions imposed by the customer, even if submitted in a later document.
19 If any legislation is compulsorily applicable to any business undertaken, Conditions regarding such business shall be read as subject to such and nothing in these Conditions shall be construed as a surrender to the Company, to any of its rights or immunities whether as an increase of its responsibilities or liabilities under such legislation and if any part of these Conditions be repugnant to such legislation to any extent such pan shall as regards such business be void to that extent but no further.