Terms and Conditions
Terms and Conditions
“J B Mcleans” means J B Mclean Interiors.
“J B Mcleans” is the trading name, and is the trademark, of J B Mclean Interiors
“the Conditions” means the conditions specified herein. “Contract” means the individual, firm or company contracting with J B Mclean Interiors. “Goods” means goods the subject of a contract between J B Mclean Interiors and the Customer. “Order” means an order for “Goods” a “supply means a supply of Goods under a Contract.
A) A Contract shall be governed exclusively by the conditions Accordingly (i) in the event of any conflict between the Conditions and the standard conditions of trading of the Customer, the former shall apply to the exclusion of the latter, and (ii) in the event of any conflict between the Conditions and the prior communings of J B Mclean Interiors and the Customer, the former shall apply to the exclusion of the latter.
B) Any variation of the Conditions by the Customer shall be in writing signed by or on behalf of both J B Mclean Interiors and the Customer.
Quotations by J B Mclean Interiors are merely invitations to treat, and accordingly do not constitute offers to sell.
A) Goods shall be supplied within a reasonable time of receipt of Order. Orders may not be cancelled by the Customer but J B Mclean Interiors reserves the right to refuse to supply a customer with all or any Goods.
B) Goods shall be supplied at the price ruling at the time of despatch.
C) All Orders are accepted subject to the availability of Goods. J B Mclean Interiors shall have the right to make deliveries of Orders in part where delivery in full cannot, as a result of unavailability of Goods, be made.
D) The Customer may not return any Goods supplied hereunder unless
i) It has been notified to J B Mclean Interiors in writing within 5 days of the date of receipt by the Customer of the Goods of any defect in, or damage to the Goods.
ii) It has established to the reasonable satisfaction of J B Mclean Interiors that such goods are defective or damaged.
iii) The defect or damage is attributable to the fault or negligence of J B Mclean Interiors’s employees, agents or carriers.
iv) (where the defect or damage is easily remediable or reparable) it has given J B Mclean Interiors reasonable opportunity to remedy the defect or repair the damage.
v) It has agreed with J B Mclean Interiors a time and a date for the return of such goods, and the above shall be cumulative requirements.
E) The Customer shall be deemed to have accepted that the goods supplied by J B Mclean Interiors are in accordance with the terms of the relevant order in all aspects, unless the Customer notifies J B Mclean Interiors of any such discrepancy within 48 hours of the delivery of the goods in question to the premises of the Customer at which it was agreed delivery was to be made.
Risk in Goods shall pass from J B Mclean Interiors to the Customer at the earlier of the following times, namely (i) the moment when goods are delivered into the hands of the Customer’s carriers and (ii) the moment when Goods are delivered to the Customer at which it was agreed delivery would be made. Where goods are returned by the Customer they shall remain at the risk of the Customer until received by J B Mclean Interiors at its premises and such receipt is acknowledged by an authorised employee of J B Mclean Interiors.
A) Title to Goods the subject of a supply shall not pass from J B Mclean Interiors to the customer until all sums due from the Customer to J B Mclean Interiors on whatever grounds shall have been paid in full.
B) Where title Goods has not been passed to the Customer.
i) J B Mclean Interiors shall be entitled (i) to call upon the Customer to return them at any time upon the occurrence of any events specified in Condition 10 below. In the event of the Customer failing to comply with a call for the return of goods J B Mclean Interiors shall be entitled to enter the premises of the Customer to uplift the goods the title to which has not passed to the Customer and the Customer shall permit (or shall procure the permission by third parties of) such entry, and (ii) to require the customer not to resell or part with possession of such goods.
ii) Goods shall be stored at the premises of the Customer so as to be both recognisable as the property of J B Mclean Interiors and identifiable by reference to a particular invoice of J B Mclean Interiors.
A) Subject to sub cause (E) hereof, the customer shall pay in full an invoice in respect of a Supply within 30 days of the end of the calendar month in which the Goods are supplied to the Customer or such other date as J B Mclean Interiors may specify in writing.
B) Where the Customer fails to pay an invoice in accordance with sub-clause (A) above, interest on the unpaid amount shall accrue from day to day from the date upon which such amount is due and payable until payment in full has been made. Such interest shall accrue at the rate of 4 per cent per annum above the base rate of Bank of Scotland, and shall be deemed to an amount due in terms of the invoice.
C) The Customer shall not under any circumstances be entitled to withhold payment under any invoice, or set-off any amount due under an invoice against, any amount alleged to be owed by J B Mclean Interiors to the Customer, whether in respect of the same Supply or in respect of another Supply or otherwise.
D) The Customer shall be deemed to accept the total amount due specified in any invoice issued by J B Mclean Interiors unless the Customer notified J B Mclean Interiors that it does not accept such amount within 15 days of the issue by J B Mclean Interiors of the first statement to the Customer or otherwise.
E) J B Mclean Interiors reserves the right to demand immediate repayment of the amount due to J B Mclean Interiors, under any invoice raised in respect of a Supply, in the event of a Customer becoming, in the opinion of J B Mclean Interiors formed on reasonable grounds, unable to pay its debts as they fall due.
No Warranty as to the fitness of Goods for a particular purpose is given by J B Mclean Interiors unless intimation in writing that the Goods are to be bought for a particular purpose has been given by the customer to J B Mclean Interiors and J B Mclean Interiors has accepted such intimation in writing. Before using, the User shall determine the suitability of the product for his intended use and uses and assumes all risk and liability whatsoever in connection therewith. The foregoing may not be charged except by an agreement signed by officers of the seller and manufacturer. All other warranties which may be lawfully excluded are hereby excluded. This warranty shall be the full extent of J B Mclean Interiors’s liability hereunder and J B Mclean Interiors accordingly disclaims all other liability for loss or damage howsoever caused arising out of the purchase, possession, use or resale by the Customer of the Goods provided that nothing herein shall exclude the liability of J B Mclean Interiors for death or personal injury resulting directly from the fault or negligence of J B Mclean Interiors, its employees or agents. In any event J B Mclean Interiors’s liability is limited to the value of the goods supplied by J B Mclean Interiors and not under any circumstances for any consequential loss or damage arising directly or indirectly out of the goods supplied by J B Mclean Interiors.
9. FORCE MAJEURE
J B Mclean Interiors shall not be under any liability to the Customer for any loss suffered by the Customer arising our of the failure of J B Mclean Interiors to fulfil its obligations hereunder where such failure is due to events outwith the control of J B Mclean Interiors (which events shall include, but shall not be limited to, acts of God, war, civil unrest, strike, lock-out or other industrial actions, and transport failure.)
J B Mclean Interiors may by summary notice given verbally or in writing terminate a Contract on the happening of any of the following events:-
A) where the Customer is an individual or a firm.
i) the presentation of a petition or the sequestration of the estate of the Customer.
ii) the Customer’s becoming, in the opinion of J B Mclean Interiors formed on reasonable grounds, unable to pay its debts as they fall due.
B) where the Customer is a company.
i) the making of an order, or the passing of a resolution, for the winding up of the Customer (other than for the purpose of a reconstruction previously approved in writing by J B Mclean Interiors).
ii) the appointment of a receiver or administrator of any property of the Customer.
iii) the proposal of a voluntary arrangement under Part 1 of the Insolvency Act 1986 in respect of the affairs of the Customer.
iv) the cessation by the Customer from making payment generally of its debts legally due.
v) the Customer’s becoming unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986, and, where the Contract is so terminated J B Mclean Interiors may, without prejudicing any of its other rights and without exposing itself to liability to the Customer thereby, suspend or withhold delivery of an stop goods in transit.
11. TERMS OF PURCHASE
Where J B Mclean Interiors is a purchaser the terms under which J B Mclean Interiors enters into a purchasing contract can be obtained on request.
12. LAW TO JURISDICTION
(A) The Conditions and any Contract shall be construed and given effect to according to Scottish Law.
(B) The Customer/Supplier hereby prorogates the exclusive jurisdiction of the Scottish Courts.