Terms & Conditions for the sale of goods

1.  The definitions below apply to these terms and conditions

2.  "the Company" means MJS whose principle place of business and registered office is Unit 12, Avenue Fields Industrial Estate, Stratford Upon Avon, CV37 0HT.

3.  "the Buyer" means the person or company who agrees to buy goods from the Company

4.  "the Goods" means the goods which the Company is to supply in accordance with these Conditions of Sale

5.  "Confirmation of Order" means the invoice provided by the Seller to the Purchaser which confirms the goods to be supplied by the Seller

Basis of Sale

1.  The Company shall sell and the Buyer shall purchase Goods in accordance with these terms and conditions by MJS.

2.  The contract is formed when the Buyer receives a Confirmation of Order

3.  It is the intention of the Company that all terms of the contract should be contained in this agreement and in the Confirmation of Order provided by the Company. If the Buyer requires any changes or wishes other terms to be included they should request these in writing

4.  The Buyer is responsible for ensuring that the specifications of products within their order are complete, accurate and the goods ordered are suitable for their intended purpose before the order is placed, all measuring and sizes provided are the buyers responsibility.

Buyer's Right to Cancel

1. The Buyer shall be entitled to cancel this agreement within 3 days (excluding weekends and public holidays) after order is placed and paid for.

2. The right to cancel is however governed by the following conditions:

• You are not entitled to cancel your contract or return goods where the goods have been made to your specifications. Please note that most doors and accessories are made to the Buyer's specifications.

• The Buyer shall be responsible for promptly returning the Goods to the Company at the cost of the Buyer in an unused and undamaged condition. If the Buyer does not pay the costs of delivery the Company shall be entitled to deduct the costs of recovering the Goods from the amount to be refunded to the Buyer.

• If the Buyer wishes to cancel the contract in accordance with this clause the Buyer must give us written notice by e mail or first class post.

Specification of Goods

1. All images, information, samples and colour swatches are intended as a general guide only and do not form part of the contract. Products may be subject to minor changes to reflect improvements and modifications and such changes which will not affect the appearance or performance of the Goods shall not be deemed a change to the contract specifications

2. The quantity and description of the Goods shall be specified in the Confirmation of Order which forms part of the contract

3. The Company reserves the right to make changes to specification of the Goods which are required to conform with safety or any other statutory requirement

4. If for any reason beyond the Company's control the Company is unable to supply the Goods, the Company will notify the Buyer. With agreement from the Buyer the Company shall replace all or part of the Goods with products of the same description and of equal or higher standards and value. If the Buyer does not wish to accept the replacement goods then the Buyer may terminate the contract and any monies paid to the Company shall be refunded in full.

Pricing and Payment

1. The price of the Goods shall be the price set out in the Confirmation of Order.

2. Unless otherwise agreed in writing by the Company, payment of the full price is due when the purchaser places the order.

3. The Goods remain the property of the Company until payment is received in full

Delivery

1. The Company shall do all it reasonably can to meet any date given for delivery of the Goods but will not be liable for delay however caused, nor loss, costs or damage suffered by the Buyer through any such delay. Time of delivery shall not be of the essence.

2. The Goods shall be delivered to the place of delivery agreed between the Company and the Buyer and detailed within the Contract.

3. The Buyer will do all that is reasonably possible to enable the delivery to take place on the agreed date. In the case of unforeseen circumstances the Buyer shall contact the Company and agree to an alternate date.

4. If the Buyer in not available to accept delivery of the Goods the Company or its agent will hold the goods in storage. The Company or its agent will attempt to contact the Buyer to make an alternate delivery date. An additional delivery charge to the Buyer will be made to cover re delivery and storage costs.

5. It is the Buyers responsibility to ensure that access is available to the property and that at least one able person is available to assist with the offloading of large orders. Deliveries will be made to ground floor only.

6. The Buyer's order may be received in more than one delivery

7. All Goods must be visually inspected; any damage to packing materials must be signed for as damaged and notified to the driver. If Goods are received with packing materials or crates these are non returnable and are the Buyers responsibility for disposal as appropriate

8. Where goods are replaced due to damage in transit or manufacturing fault, replacement will be subject to standard delivery lead times, the Company shall make all reasonable endeavours to reduce this lead time but shall not be liable for any damage, additional labour costs or loss suffered by the Buyer through any delay in obtaining such replacements.

9. In the event that the Buyer fails to unload the Goods within 1 hour of their arrival at the Buyer‚ premises or such other destination as notified to the Seller at the time of placing the order, the Buyer shall be liable to the Seller for the additional costs incurred by the Seller. The Seller shall not be liable to the Buyer for any damage or loss arising directly or indirectly from any delay in delivery.

10.The Seller is unable to accept returns for items that have not been delivered by ALW. The Seller will not be held responsible for any damage incurred via a third party carrier/couriers including Buyer‚ own transport, or a collection from our premises.

11. Collecting goods from MJS , the buyer must visually inspect the order for collection before taking the product to their vehicle - any damage to Goods must be pointed out at this point before taking the goods

Guarantees and Warranties

1. The Company warrants that the Goods will conform to the Confirmation of Order

2. Where Goods have a manufacturer's warranty the Company shall assist the Buyer in obtaining from the manufacturer the benefit of any such warranty

3. Any claim in relation to defects of the Goods must be notified to the Company within 3 days of delivery, for transit damage within 24 hours of receipt and Goods must be in an unused condition.

4. The Company shall be under no liability in respect of any defect of Goods arising from any design or drawing supplied by the Buyer

5. The Company shall be under no liability if Goods delivered are not suitable due to structural defects of the property.

6. The Company shall not be liable for any defects, loss or injury arising from the Buyers negligence or arising from improper use, maintenance, faulty workmanship or unauthorised modification.

Liability

1. The Company shall not be liable for any loss or delays arising from circumstances beyond its control, including but not limited to, failure by our own suppliers to deliver on time, goods that are damaged in transit and have to be replaced for whatever reason.

2. The Company shall not be liable for any loss arising from any breach of the conditions of this contract by the Buyer

3. The Company shall not be liable for any inaccurate statements, errors or omissions contained within any brochure or literature produced by our suppliers over which we have no control

4. Any liability for any breach of this contract by the Company shall be limited either the net value of the Goods or at our discretion the replacement of the Goods

5. The Company shall not be liable for any defects, loss or injury arising from the Buyers negligence or arising from improper use, maintenance, faulty workmanship or unauthorised modification.

6. Nothing in this agreement will reduce the Buyers statutory consumer rights, including rights in relation to faulty or misdescribed goods.

7. Nothing in this agreement shall restrict the Company's liability for death or personal injury as a result of any act, default or negligence of the Company, fraudulent misrepresentation or any other liability to the extent such liability may not be excluded or limited as a matter of law

General

1. These terms and conditions set out the entire contract and understanding between the Company and the Buyer

2. No variation of the terms will be binding unless agreed in writing between the Company and the Buyer.

3. Nothing within these terms will affect the Buyers statutory consumer rights

4. All prices are stated within the Contract in pound sterling.

+44 01527 757 009

sales@mjsbespokejoinery.co.uk