JS INTERNATIONAL LTD TRADING AS JS GOLF BRANDS TERMS & CONDITIONS OF BUSINESS
1. Definitions
In these Terms and Conditions of Business:
• “The Company” means JS International Ltd, (company number 02902894) of Unit B, 3 Regal Way, Watford, WD24 4YJ, UK.
• “The Buyer” means the person, firm or company purchasing goods from the Company.
• “The Goods” means the golf products to be supplied by the Company to the Buyer.
2. Applicable Terms
These Terms and Conditions of Business apply to the sale of any Goods and will prevail over any other terms or documents.
3. Price
The price payable for the Goods is the Company’s price as stipulated on the Company’s invoice.
4. Payment Terms
Trade customers: payment due in cleared funds within 30 days of invoice unless otherwise agreed. All prices are exclusive of value added tax, which will be charged in addition to the purchase price of the Goods.
Consumers: purchasing online/instore by card: the card will be debited at the time of order confirmation.
Overdue sums may incur interest under the Late Payment of Commercial Debts (Interest) Act 1998 or 4% over Barclays Bank base rate per month.
5. Delivery and Shipping
Delivery dates are given in good faith but are estimates. Orders are shipped via DHL, DPD, UPS or reliable courier depending on destination. Typical delivery time: UK 1–3 working days; International 3–7 working days.
6. Risk and Property
a) Title to the Goods shall remain vested in the Company and shall not pass to the Buyer until the Company receives payment in full for the Goods (and any other goods that the Supplier has supplied to the Customer), in which case title to the
Goods shall pass at the time of payment of all such sums has been paid in full and received by the Company.
Until title to the Goods passes:
• the Buyer may resell the Goods, in which case title to the Goods shall pass to the Buyer immediately prior to that sale;
• the Company shall have authority to retake, sell or otherwise deal with and/or dispose of all or any part of the Goods;
• the Company and its agents and employees shall be entitled at any time and without the need to give notice enter upon any property upon which the Goods or any part are stored, or upon which the Company reasonably believes them to be kept;
• the Buyer shall store or mark the Goods in a manner reasonably satisfactory to the Seller indicating that title to the Goods remains vested in the Seller
• the Buyer shall insure the Goods to their full replacement value, and arrange for the Seller to be noted on the policy of insurance as the loss payee.
b) Irrespective of whether title to the Goods remains vested in the Seller, risk in the Goods shall pass to the Buyer upon delivery.
7. Warranty
All products supplied by the Company are under warranty against manufacturing and material defects for 12 months from the date of purchase (subject to clause 9), or longer where required by law.
8. Delivery Charge
A delivery charge will be added to the invoice for the Goods. The Company does not drop ship or ship to residential addresses.
8. Procedure for Faulty Products “Under Warranty”
a) The Buyer must supply appropriate proof of purchase and may be asked for photographic evidence. Depending on the fault, the Company will, at its discretion: replace or repair individual faulty components; or collect and repair the product; or give a credit for the price paid for the product.
b) This warranty does not apply to faults caused by misuse, damage or fair wear and tear of the product. The Company will not be held liable for defects under this
warranty if the Buyer does not notify the Company within 12 months of the date of purchase.
9. Returns and Right to Cancel
Consumers: 14-day cancellation right under Consumer Contracts Regulations 2013. Notify JS International in writing (email accepted). Goods must be unused and in
original packaging. Refund issued within 14 days of return receipt.
Trade Customers: Goods may be returned only with written authorisation and may incur a 15% restocking and 15% repackaging fee.
10. Back Orders
Where stock is unavailable, the Company may ship part orders and supply balance items later. Back orders under £50 may be cancelled unless carriage is paid.
11. Limitation of Liability:
a) The Company will not be held liable to perform the contract if an event occurs which is outside the Company’s control, such as, an act of God, war, strikes, embargoes, Government refusal to grant licenses and abnormal weather conditions.
b) Save in respect of death or personal injury caused by the Company’s negligence, the Company shall in no circumstances be liable, in contract, tort or otherwise, for any indirect, special, consequential or incidental loss or damage (including, without limitation, loss of production, loss of profit, loss of contracts or claims of customers or third parties) resulting from the breach of these Terms and Conditions or from negligence, even if the Company has previously been advised of the possibility of
such loss or damage occurring.
c) The Company shall not be liable for any claim in respect of any damage which has been sustained to the Goods in transit unless the Company has been notified by the Buyer in writing within 3 days after delivery date of the Goods to the Buyer.
12. Insolvency
If the Buyer takes any action to enter administration, liquidation or any arrangement with its creditors, being wound up, having a receiver appointed or threatens to cease to carry on business, payment for all Goods shall immediately become due and the
right under clause 9 for the Buyer to sell Goods shall be immediately terminated and the Buyer may be required to immediately return all remaining Goods whose title remains with the Company and reclaim the unpaid goods.
13. English Law and Jurisdiction
This Contract shall be governed by and construed in accordance with English Law and the parties irrevocably submit to the exclusive jurisdiction of the English Courts.
14. Declaration of End Use in Northern Ireland
The Buyer confirms that all Goods supplied by JS International Limited and delivered to the Buyer’s address in Northern Ireland are intended solely for final use within
Northern Ireland and will not be moved, resold, or otherwise transferred into the European Union.)