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Terms and Conditions

Terms and Conditions

Terms and Conditions

These are the terms and conditions that apply for all sales by Sen5es Bottles.

Supplier: Sen5es Bottles
Customer: Any Person or Company who’s order has been accepted by the supplier

 

1.    General

Orders are accepted on these Terms and Conditions. No subsequent Terms or Conditions stipulated by the Purchaser are to amend or vary the following conditions except so far as expressly agreed by us in writing. These terms shall automatically take priority over the Purchaser’s conditions of purchase and the Purchaser's act of providing a delivery instruction constitutes an unqualified acceptance of these Terms and Conditions. In these Terms and Conditions the terms "us" and "our" mean and refer to Sen5es Bottles.

 

2.   Orders

Unless agreed in writing the order is accepted by the supplier when the goods are either delivered or attempted to be delivered.

 

3    Delivery

  1. The risk in the products will pass to the customer when they are delivered and signed for unless agreed beforehand in writing that the goods may be left unsigned for.

  2. The supplier may at its discretion deliver the goods by instalments in any sequence.

  3. The Supplier may deliver to the customer and the customer shall accept in satisfaction a lower quantity than the number of goods ordered.

  4. When a lower quantity is delivered a credit will be raised for the missing amount.

  5. The supplier shall not be liable for any penalty, loss , injury , damage or expense arising from any delay or failure to deliver on time, nor can the customer refuse the delivery if it is late.

  6. For goods that weight over 100kg they will be delivered via a pallet network

  7. For orders weighing over 100kg someone must be in to receive the delivery. If there is no one to receive the delivery please notify us in writing of which working day or alternative delivery address that the products can be delivered to.

  8. The above are guidelines only and are assuming the products are in stock at the time of order.

  9. Any delivery date given by the supplier will be an estimate date only and will endeavour to comply. However the Supplier will be not be responsible for any late delivery.

  10. Goods weighing less than 100kg will be delivered by APC or another nationwide or international courier unless notified in writing by the supplier.

  11. Goods weighing over 100kg will be delivered by a local nationwide pallet delivery network partner.

  12. For all deliveries made by a courier if there is no answer a card will be left in the door asking you to arrange for a redelivery or notifying you of another delivery date. If you are asked to arrange for a redelivery the goods will be held at the local courier company for approximately 3-5 working days at which point they will be returned to the supplier.

  13. The courier may attempt when possible to leave the delivery with a neighbour

  14. For all deliveries made by the local nationwide pallet delivery network they will attempt to deliver it once only. If there is a secure place to leave the pallet, for example a barn, they will be willing to leave it but the supplier must receive written confirmation from the customer. If the goods are returned to the local depot you could be required to pay a redelivery charge.

 

4      Delivery Failure

  1. If the customer fails to take delivery and the goods are returned to the supplier the order will be considered cancelled and the customer will be charged a re-stock fee or if agreed in writing the supplier may redeliver, but is entitled to charge a re-delivery fee.

  2. If the goods are returned and there is no contact made with the supplier, the payment for the goods will be refunded minus the re-stock fee.

  3. If the customers fails to take delivery of the goods or any part of them on the due date and provide any instructions or documents required to enable them to be delivered on the due date the customer shall pay to the supplier any costs incurred including storage,  redelivery charges or insurance charges.

  4. The re-stock fee is an amount which is decided by the supplier at their discretion but will not be in excess of 10% of the total order.  

 

5      Returns and Claims

  1. Unless otherwise agreed, all pallets used for the delivery of goods will be invoiced at the then current price and must be paid for by the due date.

  2. All Claims must be received in writing within 28 days with photographic or quantitative proof.

  3. Unless otherwise agreed, pallets may be returned (provided they are in good condition) to us or our supplier in such minimum quantities as we shall agree and a credit at their invoiced value will be raised accordingly.

  4. Pallets and packaging are suitable for usual conditions of transport on the United Kingdom mainland, or for delivery to UK port but no other warranty is given in relation to pallets or packaging.

  5. As some of our goods are fragile and being delivered by a third party we cannot guarantee the goods will arrive as they have left our premises

  6. All products are packed according to their shipping type and with sufficient packing. All care is taken by the couriers or pallet delivery companies to deliver the products in good condition.

  7. If the goods are rejected when delivered due to damage they will be inspected upon their return to the depot. If the goods are not damaged the customer will be required to pay for their redelivery.

  8. If the customer accepts the goods but finds the goods are damaged a digital photograph of the products in the box will be required before any replacements will be sent.

  9. All Damaged products will be replaced by the supplier at no cost to the customer.

  10. If the customer does not wish to receive the goods and they are returned they will be charged a restock fee.

 

6     Compliance

  1. We shall make reasonable endeavours to ensure that any goods supplied by us under a contract to which these Terms and Conditions apply shall be of merchantable quality and correspond with any written description and are fit for any purpose which has been notified to us in writing and accepted by us.

  2. For the purpose of the Materials and Articles in Contact with Food Regulations 1987 (as amended) and any similar regulations in any jurisdiction apart from the United Kingdom to which we have been informed that the goods will be sent (and for no other purposes) and without prejudice to any exclusion or limitation of liability contained in these conditions, we confirm that, in the case of glass containers supplied by us and which it has been made known to us are intended to come into contact with food, the glass used for those containers is a packaging material suitable for food use.  

 

7     Payment

  1. Unless agreed with the supplier all goods are shipped on a proforma basis. The funds must be cleared into the suppliers account before goods are shipped.

  2. Payment can be accepted by, Credit Card, BACS Transfer, Cheque or cash if being collected.

  3. Credit accounts will not be created until sufficient references have been provided (2 trade and one bankers).

  4. All credit accounts are strictly 30 days. Unless agreed in writing with the supplier.

  5. If the payment is not received by the due date or the customer commits an act of bankruptcy, or makes any composition or agreement with his creditors or being a limited company that goes into liquidation or has a receiver appointed, we shall be entitled to suspend deliveries and / or by notice to the customer the contract without prejudice to any rights we may have against the customer.

  6. Until full payment for each consignment of goods has been received by us, title to the goods shall remain vested in us and the customer shall hold and keep the goods on a fiduciary basis as our bailee and shall store the goods separately in good condition, clearly identifying them as ours and returning them to us on request.

  7. If payment is not made by the due date, we shall exercise our statutory rights to claim interest and compensation for debt recovery costs under the Late Payment of Commercial Debts (Interest) Act 1998 and the Late Payment of Commercial Debts Regulations 2002.

  8. The goods remain the property of the supplier until the goods have been paid for.

  9.  All prices are based in pounds and converted into the relevant currency.

  10. All invoices through jbconline.co.uk and are converted into pounds.

  11. All prices quoted are in pounds unless otherwise stated.

 

8     VAT

Value Added Tax will (if chargeable) be added to the standard prices at the appropriate rate ruling on the day of dispatch.

 

9     Liability

  1. Except as mentioned in these terms and conditions, all other statements, warranties and conditions whether expressed or implied statutory or otherwise (other than with respect to our title to the goods) are here by excluded.

  2. The use of a description shall not of itself constitute a sale by description. Reference to capacities, colour, weight, use and quantity are all approximate and a reasonable variation shall be accepted by the customer.

  3. These terms and conditions represent our entire liability under the contract and we shall not be liable in any event for any direct or consequential or indirect loss (including loss of profit) or damage or expense  arising from the order. In no circumstances shall our liability to the customer, whether for breach of contract, or in tort or statutory duty or otherwise exceed the price of the goods in respect of which a breach or liability is claimed.

  4. The customer herby agrees to indemnify us against all claims and expenses in respect of the goods or products incorporating the goods except such liabilities as have been accepted by us in these terms and conditions.

  5. Without prejudice the generality of 9.4 above, the purchaser herby agrees to indemnify us against any liabilities, costs and expenses which incur by reason of any claim by any subsequent customer or consumer of the goods or of any product incorporating the goods, or by reason of any claim by any relative or dependant of such customer or consumer, arising from any defect or alleged defect in the goods or in such product.

  6. The customer herby agrees to indemnify us against all claims, actions, liabilities and expenses in respect of any alleged breach of contract, tort, copyright, registered design, patent, trademark or other right arising from the customer’s request for us to manufacture or supply any goods to the customers design, specification or request or instructions.

 

10   Detailed Matter

  1. All drawings, descriptive matter, weights, dimensions and shipping or other specifications submitted with quotations and the descriptions and illustrations container in our catalogues, pamphlets and price lists are approximate and explanatory only, being intended merely to present a general idea of the goods described therein. Their use shall not in any circumstances constitute or be deemed to constitute sale by description.

 

11  Law

  1. English law applies and the English court shall have exclusive jurisdiction. Marginal headings are for convenience only. In all references time shall be of the essence.

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