Terms and Conditions of Sale
The placement of a written or verbal order with JMS Transformers Ltd is deemed the acceptance of these terms and conditions
1) These terms and conditions shall be applicable to any and all customer orders or contract accepted by JMS Transformers Ltd, herein referred to as JMS, unless any
deviation has been agreed in writing. The terms customer, client and purchaser herein referred to as the buyer,
2) Orders are accepted only in accordance with these conditions, irrespective of any conditions printed on buyers order forms or previously supplied to JMS unless
otherwise agreed in writing by JMS. The JMS order acknowledgement, if produced, will be deemed as correct unless the buyer contacts JMS to inform of errors or
omissions within 24 hours of its production
2a) JMS shall manufacture or supply goods to the customers verbal or written orders as interpreted by JMS. JMS will not accept responsibility or restock goods ordered
in error or where unclearly specified by the buyer unless agreed in writing by JMS. A restocking fee may apply to standard products and will apply to made to order or
slow moving products if goods are returned charge free to JMS and in very good resalable condition.
2b) Orders can not be cancelled if production on the goods has commenced unless agreed in writing by JMS and may incur charges based on work carried out plus
3) When more than one item is included on one order, verbal or written, each item will be regarded as a separate order which may be delivered and paid for at a
separate time. These may also incur separate delivery charges.
4) JMS reserves the right to refuse to accept any order whether or not an official or verbal order has been issued and are subject to the terms and conditions contained
5) Prices quoted are based upon the existing rates of remuneration paid by JMS to its employees and the current cost or relevant materials, manufactured goods and
transport, and are subject to any increase or decrease that may take place between the date of quotation and the date of order, also between the date of order and the
date of manufacture if the delivery date is scheduled for a date that JMS deems to be a significant difference. prices are subject to confirmation and the actual delivery
date prices are also subject to government and trade union action effecting wages, materials and any other manufacturing costs.
6) When goods are priced ex works, delivery by post, rail or road transport is always chargeable, at the discretion of JMS, at the current rate, regardless of omission
from buyers written or verbal order.
7) Costs of pallets, cases and packaging materials charged on invoices marked as returnable will be refundable in full if returned at the customers expense or if collected
by JMS only if JMS delivered in person. Refunds are only issued if returned within 4 weeks of delivery in good condition.
8) Terms of payment are strictly based on the agreed basis. Standard payment terms are 30 days from the last day of the month of invoice date or on notification that the
goods are ready for delivery, unless otherwise specifically agreed in writing by JMS.
8a) Orders are accepted on the explicit understanding that the ordering company is of good financial standing and are able to fulfil their financial commitment to make
payment on time and in full. Any deviation from this must be made in writing to JMS prior to order
9) Title in the goods shall not pass to the buyer until payment has been received in full by JMS. JMS shall have full authority at any time to enter the premises of the
buyer or other place at which the goods, or part of them, shall be kept or stored, for the purpose of recovering possession thereof.
10) If any payment of goods delivered/ collected or held for call off or storage at JMS is overdue, or JMS has reason to believe that payment will not be made on its due
date, JMS may retain the possession of any goods ordered but undelivered, and may require advanced payments before delivery/ collection of such goods.
10a) If goods are not paid for in full by the date covered by these terms and conditions, JMS reserve the right to charge interest, at 3% above the base rate of the Bank
of England, and pass on to the buyer all additional debt recovery expenses, on all outstanding moneys.
10b) Any and all disputes over goods and or invoices and deliveries must be declared within 3 working days of delivery of goods and 7 days from the end of that invoice
month in writing. Debt recovery and such charges will not then apply until JMS indicate that the particular dispute is resolved. JMS will have the final and deciding say
regarding the resolution of any and all disputes.
11) JMS do not accept debit notes. The issue of debit notes will be judged as a request for a credit only, and must not be deducted from payments without a covering
credit note. Credit notes may be issued to the buyer on the discretion of JMS and may only be redeemed on the relevant invoice period. Unauthorised debits will be
treated as over due payments and may incur debt collection expenses.
12) The period for delivery starts from the date on which JMS receives and accepts the official order, and whilst it will do its utmost to effect the delivery in the time
stated it can accept no contingent or consequential liability in the event of failure to do so, nor any penalty unless specifically contracted in writing.
12a) Any claim for shortages or non delivery must be made in writing to the company within 3 days in the case of shortages, and 10 days in the case of non delivery.
13) The Company undertakes to repair or replace, free of charge, within twelve months from the date of despatch of the equipment from its works or warehouse, any
part which it considers faulty owing to poor workmanship or defective material, providing the terms of payment have been complied with. The undertaking does not
apply to any material supplied which is not manufactured by JMS. JMS cannot accept responsibility for damage due to faulty installation, by the want of proper
attention, lack of maintenance or by improper use on the part of the user or incorrect buyer specification, or fair wear and tear, nor accept responsibility for any expense
which the buyer or their clients may incur in having removed or having replaced any parts sent for inspection or in having fitted any parts supplied in lieu or in
exchange, or for contingent liability of any kind. The Company cannot accept any responsibility for equipment to which alterations or attachments have been made,
unless such alterations or attachments have been made by agreement with JMS in writing. All warranties are on a return to base basis. JMS will then return the repaired,
replaced goods to the original delivery destination. Alternative delivery destinations may incur additional costs
13a) All warranty claims are processed under the discretion of JMS and must be returned to JMS for inspection prior to replacement or repair unless agreed in writing
13b) JMS liability is limited to the repair or replacement of the effected goods and shall not be liable for consequential loss of any kind.
14) Any parts returned must reach the company free of all charges. JMS retain the right to dispose of or destroy any returned goods after a period of no less than 6
15) JMS employs representatives to advise buyers in connection with the equipment it manufactures and markets but JMS is not bound by any
statements as to price, delivery, technicalities or terms made by any representative unless confirmation has been provided in writing by the Company.
16) The responsibility of JMS is limited to the terms of these conditions and it shall not be answerable under Common Law or Statute for personal injury or
consequent, or resulting liability, damage or loss arising from any defect or fault, or from the use of the equipment in any way.