Terms & Conditions

In these conditions "the Firm" means ‘SJS SERVICES’. "the goods" means any item of whatsoever nature which is sold by the Firm; "the Client" means the
Person or Business who buys or has agreed to buy the goods.

1) Acceptance of Orders

1. The Firm reserves the right to charge full retail price if payment is not received within the specified time shown on quotations, estimates and invoices. If payment is not received within the agreed time a charge of 2% of the net amount and an administration fee will be placed to every reminder that is sent.
   
2. The Firm contracts for the supply of goods and or services only subject to these terms and conditions and all terms and conditions in the Clients order or enquiries inconsistent therewith shall be of no effect.
   
3. The placing of an order following a quotation given by the Firm shall not be binding on the Firm unless and until accepted by the Firm in writing.
   
4. The terms and conditions herein shall constitute the entire agreement between the Firm and the Client and any modification to these conditions will be binding only if it is evidenced in writing and signed by a partner of the Firm on behalf of the Firm and such evidence contains a specific reference to those conditions being modified.
   
5. In no circumstances shall the Client cancel a contract to which these conditions apply without the Firm's written agreement; if such an agreement is given the Client will indemnify the Firm on demand against all losses (including loss of profit) suffered by the Firm arising out of such cancellation.
   
6. No contract governed by these Conditions shall be a sale by sample unless the Firm expressly
   agrees in writing.
   
7. All specifications, illustrations, drawings and diagrams in the Firm's catalogues, trade literature, electronic media and other published matter are of a generally informative nature and approximate only and none of these form part of any contract or give rise to any independent or collateral liability of whatsoever nature on the part of the Firm and, without prejudice to the generality of the foregoing, the Firm shall be under no liability whatsoever for inaccuracies in dimensions or measurements quoted or made by it.

2) Estimates, Quotations and Prices

1. The prices estimated or quoted by the Firm are exclusive of VAT and other applicable taxes, duties or levies of any kind whatsoever, unless otherwise stated in writing, all of which are payable in addition by the Client.
   
2. The costs of any special packaging or other carriage (without limitation to the generality of the foregoing) mail, courier, rail or air required by the Client shall be payable by the Client.
   
3. Unless otherwise stated in writing, prices quoted are applicable only to the specific order in respect of which such prices are estimated or quoted and are subject to change in respect of orders made thereafter.
   
4. A quotation not accepted within 3 months will be subject to review. All prices are based on material costs at the time of quotation.
   
5. Unless otherwise stated all quotations are based on prices obtained from one or more third parties. Should a quotation from the aforementioned third party be found to be erroneous for any reason whatsoever, the quotation and any corresponding liability or contract will be rendered void and, at the absolute discretion of the Firm, a new quotation may be issued or the contract cancelled. Upon receipt of original copy or manuscript from the Client, should it be evident that the condition of the copy differs from that which had been originally described by the Client and consequently quoted by the Firm, the original quotation shall be rendered void and a new quotation issued.

3) Price Variation

1. Prices are based on, inter alia, the cost of materials, labour, transport and statutory obligations ruling at the date of the Firm's acceptance of the Client's order and if before delivery there occurs any increase howsoever arising in the costs to the company of supplying the goods, including (without limitation) any of the above matters, the Firm shall be entitled to adjust the price for the goods by a reasonable amount to take account of such increases.
   
2. The Firm reserves the right to charge the amount of any value added tax which appears to them to be payable whether or not included in the quotation or estimate or invoice.

4) Payment

1. Subject to Condition 5 (a) full payment shall be made by the Client on receipt of final invoice. At the absolute discretion of the Firm, payment shall be made net within 14 days of the date of the invoice relating to the goods and the time of payment shall be of the essence of any contract to which these Conditions apply.
   
2. The Client shall not be entitled to make deduction from any payment due to the Firm in respect of any set-off or counter-claim unless both the validity and the amount thereof have been expressly admitted in writing by the Firm.
   
3. Without prejudice to any other rights, failure to pay the price or part thereof or other monies payable by the Client will also entitle the Firm, at the Firm's sole discretion, either to refuse to make delivery of any further consignment of any goods agreed to be supplied or to cancel any contract to which these Conditions apply either in whole or in part by notice in writing to the Client and without incurring any liability to the Client for any loss caused by such delay or cancellation.
   
4. If the payment of the price or any part thereof and of all other sums payable by the Client is not made by the due date the Firm, without prejudice to its other rights hereunder, shall be entitled to charge in addition to any moneys due hereunder a late payment administration fee and 2% of the net amount will be applied on a 30 day basis until payment in full has been made.
   
5. Clients who present cheques which are dishonoured shall be invoiced for any bank charges incurred by the Firm in addition to an administration fee.
   
6. Should work be suspended at the request of or delayed for any reason or through any default of the Client for a period of 30 consecutive days the Firm shall immediately at the end of that period be entitled to payment for work already carried out, materials used or specially ordered and any other additional costs including storage.

5) Transfer of Property

1. The goods shall remain the sole and absolute property of the Firm as legal and beneficial owner and the Firm reserves the right to dispose of the goods until such time as payment in full for all the goods the subject of a contract to which these Conditions apply together with the full price of any other goods the subject of any other contract with the Firm has been received by the Firm. If such payment is overdue in whole or in part the Firm may (without prejudice to any of its other rights) recover or resell the goods or any of them and may enter upon the Client's premises or such other premises where they are or where they are reasonably thought to be stored for the purposes of repossessing the same, Such payment shall become due immediately upon the commencement of any and or proceedings in which the Client's insolvency is involved.
   
2. Until such time as the Client becomes the owner of the goods, the Client will store them and will procure that they are stored separately from its own goods or those of any other person and in manner which makes them readily identifiable as the Firm's goods.
   
3. As security for payment of any sum due or to become due under terms of any agreement, the Firm shall have the right, if necessary, to retain possession, including work in progress and finished work. The extension of credit or the acceptance or guarantee of payment shall not affect such security interest and lien.

6) Delivery

1. Time of delivery will not be of the essence. Orders will be delivered as soon as reasonably practicable and the Firm reserves the right to deliver by instalments in such quantities as the Firm sees fit.
   
2. In the event of any failure to make delivery or delay in delivery the Client shall have no claim whatsoever against the Firm for any indirect or consequential loss or damage of any kind.
   

7) Limitation of Liability and Warranty

1. The sole liability of the Firm in respect of any defect in or failure of any goods or services supplied or for any shortage in the quantity of goods delivered or for any loss injury attributable directly or indirectly thereto (other than in respect of death or personal injury) is limited to:
   
   
   • making good by replacement or (at the option of the Firm)
     
   • repairing defects or failures which under proper use appear therein.
     
   • the client is only entitled to the benefit of the warranty or guarantee as is given by the manufacturer to the Firm.
   
   
2. Without prejudice to the foregoing, the Firm shall in no circumstances be liable:-
   
   
   • for any indirect or consequential loss (including without limitation loss of production, loss of profit or liability to third parties) suffered or incurred by the Client.
     
   • for any loss or damage in excess of the contract price for the goods or part thereof in respect
     of which a claim is made.
     
     
3. Advice of damage, delay or partial loss of goods in transit or of non-delivery must be made in writing to the Firm and the carrier within three clear days of delivery (or in the case of non-delivery) within 14 days of despatch of the goods) and any claim in respect thereof must be made in writing to the Firm and the carrier within seven days of delivery (or, in the case of non-delivery within 14 days of despatch). All other claims must be made in writing to the Firm within 14 days of delivery. The Firm may call for proof of any claim made and shall not be liable in respect of any claims unless the aforementioned requirements have been complied with except in any particular case where the Client establishes to the reasonable satisfaction of the Firm that:
   
   
   • it was not possible for good reason to comply with the aforementioned requirements, and
     
   • advice (where required) was given and the claim made as soon as reasonably practicable.
     

8) Indemnity

1. The Firm reserves the right to refuse to design, electronically alter or print any matter which in the Firm' opinion is prejudicial or detrimental to the good of the Firm's business.

9) Client's Property

1. Where materials are so supplied or specified, the Firm will take every reasonable care to secure the best results, but responsibility will not be accepted by the Firm for imperfect work caused by defects in or the unsuitability of materials so supplied or specified by the Client.
   
2. Quantities of materials supplied shall be adequate to cover normal works.
   
3. The Firm by or on behalf of the Client shall while any of the Client's property of whatsoever nature is in possession of the Firm or in transit to or from the Client be deemed to be at the Client's risk unless otherwise agreed and the Client must insure accordingly.

10) Force Majeure

1. If the Firm is prevented from fulfilling any order within a reasonable time by reason of force majeure or any cause beyond its reasonable control including, without prejudice to the generality of the foregoing, war, threat of war, riots, civil commotion, act of God, government, terrorist activities, strikes, lockouts, industrial action, accident, technical problems with transportation, natural disaster, storm, fire, flood, earthquake, delay in delivery to the Firm of any goods or materials or interruption of transport, it shall be under no liability to the Client and shall be entitled at its option (to be notified in writing to the Client) either to cancel any contract to which these Conditions apply or without any liability to extend the time or times for delivery or otherwise performing such contract by a period at least equivalent to that during which such delivery or performance has been prevented by any of the restrictions herein before referred to.

11) Default and Client's Insolvency

1. If there is any default breach in or breach of any of the Client's obligations hereunder or in any payments due under any contract of sale to which these Conditions apply or if any distress, execution or other legal process is levied upon the Client's property or if the Client shall make an offer to make any arrangement or composition with creditors or commit any act of bankruptcy or if any petition or receiving order is present or made against the Client or, if a company, any resolution or petition to wind it up shall be passed or presented or a receiver of all or any of its assets shall be appointed, then (without prejudice to the remedies) in any such case the Firm may determine such contract or cancel any outstanding delivery or to any products in transit and notwithstanding any other provisions, payment in rasped of delivery already made shall be immediately due.

12) Law

1. Any contract to which these apply shall be governed and construed in accordance with the laws of Scotland.
   

13) Headings

1. The headings and punctuation shall not affect the meaning, interpretation or construction of these Conditions