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Specialists in the design & manufacture of shoulder pads & sleeve head rolls

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Conditions of Trading with EJS
 

Where used in these Conditions of Trading, the following words shall have the meanings:

 "Company" shall, where the context so admits, mean EJS Design Company Limited and include any Branch thereof.

“Customer” shall mean any person who orders a product from the Company

“Product” shall mean all and any items manufactured by the Company and ordered by the Customer

 All transactions are between the Company and Customer, as between principal and principal.

1)   This contract contains the entire bargain between the Company and the Customer and, in the case of any inconsistency between this contract and any form of contract sent by the Customer to the Company (whatever their respective dates) the terms and conditions of this contract shall prevail. Any concession, latitude or waiver, that may or may not have been allowed by the Company at any time, shall not prevent the Company subsequently exercising their full rights under this contract.

2)    In the event of the Customer supplying a design, which infringes any registered or common law right of a third party, the Customer shall indemnify the Company against any claim for infringement.

 

3)    Reasonable variations in dimensions, construction and properties shall not be objected to.

 

4)     In no case shall a claim in respect of any fault or error in quality or design or description or correspondence of bulk with samples or similar matter be considered unless such a claim is made immediately the fault or error is reasonably capable of discovery and the Customer affords to the Company an opportunity of examining the Product before they have been processed or otherwise dealt with. All claims must be in writing and submitted within 3 months from date of delivery. Notwithstanding the above, the Company shall not be liable to the Customer or any third party for any loss of profit or consequential loss arising in any way from this agreement.

 

5)     The Company does not accept responsibility for the suitability for any particular end use of the Product supplied, unless previously agreed by the Company in writing.

 

6)     Deliveries may be suspended by the Company in the event of any strike, lockout, trade dispute, fire, tempest, breakdown, accident, riot, crime, civil disturbance, epidemic, storm, frost, flood, drought, war, shortage of materials, scarcity of labour, Government action, or any occurrence outside of their control preventing delivery, and the Company shall be under no liability for any delay, default, loss, loss of profit or damage due to any of the causes.

 

7)     The basic contract price shall be as shown on the invoice and shall be subject to adjustment from time to time to take account of any increase in operatives' wages, raw materials, prices of component suppliers applicable to the Product required for the contract and not manufactured or processed at the date of such increase. In the event of a price increase, the customer shall have the right to cancel any balance of the order remaining undelivered, on giving notice to the Company in writing.

 

8)     The terms of payment are 30 days from invoice date unless alternative terms are agreed in writing by a director of the Company.  Interest will be charged at 5 percent per annum over HSBC Plc base rate from time to time on overdue accounts. In the event of non-payment by the due date of any amount due under this or any other contract(s), the Company may suspend deliveries, or may cancel the contract and may claim for any losses resulting from the cancellation.

 

9)     The Contract shall require the Customer to give particulars sufficient to enable the Company to deliver at the time or times or within the period specified. Where the Customer must perform any act to enable the Company to deliver the Product, such act must be so performed as to enable the Company to make delivery within the time stipulated. If default is made in performing such act and the Company is thereby unable to deliver within the contract time, the Company shall have the right to cancel any deliveries, and any loss sustained by the Company shall be paid by the Customer. If by the completion date (subject to any extension agreed upon) any Product under this contract have not been taken up by the Customer, the Company shall have the right to invoice the Customer for the value of Products, or cancel any Products which they have been prepared to deliver but which have not been taken up. Any cancellation under this clause shall not prejudice the right of the Company to claim damages against the Customer.

 

10)  The Products shall remain the sole and absolute property of the Company as legal and equitable owner until such time as the Customer shall have paid to the Company the agreed price for such Prodcuts. Until such time as title in the goods passes to the Customer, the Company shall have the right to repossess or otherwise recover the goods. The risk of the Products shall pass to the Customer upon delivery or to such other person as the Company has been authorised by the Customer to deliver the Products whether expressly or by implication and accordingly the Customer should insure the goods upon delivery against such risks as may be commercially prudent. Until such time as the property in the Product has been passed to the Customer the Company shall be entitled to enter upon any premises where such Products are stored or where they are reasonably thought to be stored and may repossess the same and the Company may call upon the Customer to deliver such Product to the Company.

 

11)  Any difference or dispute arising between the Company and the Customer under these conditions shall, if the Company so agrees be referred to the Arbitration Tribunal in the Swansea Chamber of Commerce or in the case of sales outside the United Kingdom to the International Chamber of Commerce and the decision of such Tribunal shall, in such cases, be final and binding.

 

These terms and conditions shall be governed by the laws of England and Wales and the parties hereby submit to the non exclusive jurisdiction of the courts of England and Wales.

 

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