These terms shall be incorporated into all contracts for the sale of goods by 3J Driveline Ltd to the customer to the exclusion of any terms stipulated by the customer. No modification or waiver of these terms shall be binding on unless 3J Driveline Ltd confirmed in writing by 3J Driveline Ltd.
Non Special Items Dispatched same day, special Items delivered within 3 weeks.
Prices quoted are ex-works and exclude freight, insurance and delivery charges, Value Added Tax and any other taxes or duties, all of which will be invoiced to the customer as applicable.
Goods are delivered and risk passes to the customer when 3J Driveline Ltd makes them available to the customer or any agent of the customer or any carrier (who shall be the customer’s agent whoever pays his charges) at 3J Driveline Ltd’s premises or other delivery point agreed by 3J Driveline Ltd.
3J Driveline Ltd does not accept any responsibility for damage, shortage or loss in transit; 3J Driveline Ltd will take reasonable steps to assist the customer’s claim against the carrier for any damage, shortage or loss in transit.
3. ALTERATION OF PRICES
3J Driveline Ltd reserves the right to increase the price of the goods to reflect any increase in costs to which is due to any factor beyond ’s reasonable control such as (without limitation) any foreign exchange fluctuations; currency regulations; alteration of taxes or duties increases in cost of labour, material or other costs of manufacture or delivery; any change in delivery dates, quantities or specifications for the goods which is requested by the customer, or any delay caused by any instructions of the customer or failure of the customer to give 3J Driveline Ltd adequate information or instructions.
Goods will be invoiced when ready for despatch and all invoices are payable in pounds sterling (unless other arrangements have been agreed). In no circumstances is the customer entitled to make any deductions or withhold payment.
When 3J Driveline Ltd has agreed to grant credit to the customer, payment must be made no later than the thirtieth day of the month following that in which goods are invoiced. Credit terms may be withdrawn or altered by 3J Driveline Ltd at any time with or without notice.
Without prejudice to any other rights or remedies of 3J Driveline Ltd, if the customer fails to settle any invoice by the due date interest shall be payable on any overdue amount from the date on which it is due to that on which it is made (whether before or after judgement) on a daily basis at the rate of 3% per annum above the base lending rate for the time being of HSBC. The customer shall in addition reimburse 3J Driveline Ltd all costs and expenses (including legal costs) incurred in the collection of any overdue amount.
5. SUB-CONTRACTING OF WORK
3J Driveline Ltd reserves the right to sub-contract the whole or part of any work at its absolute discretion.
All tooling, fixtures and cutters are invoiced at part cost only and are to remain the property of 3J Driveline Ltd.
7. INFRINGEMENT OF THIRD PARTY RIGHTS
The customer shall indemnify 3J Driveline Ltd against all damages, penalties, cost and expenses to which 3J Driveline Ltd may become liable as a result of work done in accordance with the customers specification or requirements which result in infringement or alleged infringement of a patent, registered design or other intellectual property rights of any third party.
All information, technical or otherwise, given by 3J Driveline Ltd to the customer shall be treated as confidential by the customer and shall not be disclosed to any third party except with the written permission of 3J Driveline Ltd.
9. OWNERSHIP OF GOODS
Notwithstanding the earlier passing of risk, the title in the goods shall remain with 3J Driveline Ltd and shall not pass to the customer until the customer has paid for them in full. Until title passes the customer shall hold the goods as the fiduciary agent and bailee of 3J Driveline Ltd and the customer shall store or make the goods so that at any times they are identifiable as the property of 3J Driveline Ltd.
3J Driveline Ltd shall be entitled at any time before title passes to require the customer to deliver up the goods to 3J Driveline Ltd and to enter upon any premises of the customer or any third party to repossess the goods. If the customer re-sells the goods the entire proceeds of such resale or any claim for such proceeds shall be held on trust for 3J Driveline Ltd without prejudice to any other claim, which 3J Driveline Ltd may have against the customer in respect of the goods.
10. WARRANTY AND EXTENT OF LIABILITY
3J Driveline Ltd shall have no liability to the customer for any loss or damage of any nature arising from any breach of any expressed or implied warranty, terms or condition of the contractor from any negligence or breach of statutory or other duty on the part of 3J Driveline Ltd in connection with the performance or purported performance of or failure to perform the contract other than as set out in this condition. In no circumstances shall 3J Driveline Ltd be liable for any claims or consequential injury or damage (including loss of profit) arising from any such matters.
Subject to the provisions of condition 4, which apply in the case of loss or damage in transit, if the customer establishes that any goods have not been delivered or have been delivered damaged, or are not of the correct quantity, or do not comply with their description, 3J Driveline Ltd shall at its option either (1) replace with similar goods any goods which are so missing or damaged or do not comply with their description or (2) allow credit to the customer for their invoice or (3) repair any damaged goods.
In case of goods not manufactured by 3J Driveline Ltd, 3J Driveline Ltd’s sole liability shall be to pass on to the customer the benefit of any guarantees, conditions or warranties received by 3J Driveline Ltd in respect of such goods.
Subject to the proceeding paragraph, if the customer establishes that any goods are defective and notifies 3J Driveline Ltd to this effect and returns the goods in question carriage paid to 3J Driveline Ltd within a period of six months from the date of delivery 3J Driveline Ltd shall at its option (1) replace with similar goods or repair any defective goods or (2) allow the customer credit for their invoice value.
No claim shall arise against 3J Driveline Ltd for any defect arising from any design or specification provided by the customer or if any person other than 3J Driveline Ltd has done any adjustments, alterations or other work to the goods.
It is the customer’s responsibility to ensure compliance with the sporting regulation and construction and use.
In no circumstances shall the liability of 3J Driveline Ltd to the customer exceed the invoice value of the goods.
11. RETURN OF GOODS
Goods made to special order cannot be accepted back for credit unless incorrect or defective. In other cases where it may be agreed to accept the return of goods for credit a handling charge may be made at 3J Driveline Ltd’s discretion. Such goods must be in reasonable condition and returned carriage paid. No credit will be allowed for goods supplied more than six months previously.
The applicable law shall be the law of England.