JTR Automation Limited
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Introduction
Modification of Terms
Prohibited Conduct
Termination
Applicability
Offers
Acceptance of Order
Price and Payment Conditions
Performance, Shipping and Default
Passage of Risk
Retention of Title; Rescission
Warranty
Damages
Consent to Data Protection
Final Provisions
Special Provisions for Software
Introduction
Please read these terms of use carefully. By accessing our site or using our services, you acknowledge that you understand, agree, and are bound by these terms.
Modification of Terms
At our discretion, JTR Automation Limited may edit, add, or remove parts of this agreement. If we do make changes to these Terms of Use, we will make a reasonable effort to provide notice.
Prohibited Conduct
You are solely responsible for your conduct while on our site, and agree to abide by all laws, contracts, intellectual property, and third-party rights.
Termination
JTR Automation Limited reserves the right to terminate access to our site and block future use of our services if we deem these Terms of Use have been violated.
1. Applicability
- All deliveries and other services effected by JTR Automation Limited (“we”, “us”, “our”, “ourselves”), and all payments made to us, shall be exclusively governed by these Terms of Delivery and Payment. Insofar as applicable provisions may be found to be missing therefrom, the law of Scotland applies. If any business terms of the Ordering Party’s are at variance with these General Terms of Delivery and Payment, we shall only be bound by such divergent terms if we have expressly recognized the same by letter or by telefax.
- In taking delivery of the goods and/or service, the Ordering Party acknowledges the exclusive applicability of our Terms of Delivery and Payment.
2. Offers
- Our offers may be changed or withdrawn by us at any time before acceptance by the Ordering Party, unless the offer makes express mention of an offer validity period. Documents pertaining to our offers – such as drawings, illustrations, samples and patterns, and dimensional, weight, performance and consumption data – contain or themselves constitute only approximate data and are not deemed to be specially agreed characteristics unless otherwise provided. We retain the right to effect modifications for engineering reasons.
- We reserve the proprietary and intellectual property rights including but not limited to copyright to all cost estimates, drawings and other documents; The Ordering Party must ensure that these are neither disclosed to any third party nor used for the purpose of any third party.
3. Acceptance of the Order; Supplementary Agreements
- Acceptance of an order, and any undertakings or supplementary agreements made by our employees, as well as amendments and alterations of any kind, shall not be binding upon us until we have issued written confirmation by letter, telefax, or e-mail.
4. Price and Payment Conditions; Offsetting
- Valid prices are always those stated in the last offer to the customer and unless specifically stated in writing from JTR to the contrary, all orders placed on these prices are valid on the date of delivery. These offers are ex-works prices (EXW (Incoterms in the latest version)), exclusive of packaging, insurance, loading at the factory, and value-added tax; the packaging will not be removed by us. The Ordering Party shall pay all applicable tariffs, duties, or taxes (other than our income taxes) imposed or levied in connection with the supplies made by us under these Terms of Delivery and Payment.
- Payments are to be made net cash, without any deduction and free of charges, within 30 days of the invoice date. It shall be for us to decide which claims or partial claims of the Ordering Party’s may be offset against such payments.
- If any changes in order execution are necessitated by circumstances where risk is borne by the Ordering Party, then this latter shall bear all additional costs thereby incurred.
- If the payment period is exceeded, we shall be entitled to charge default interest at a rate of ten percentage points above the applicable base rate announced by the Bank of England, plus the collection costs, such amounts to total at least 12% p.a. of the overall claim (or such lesser amount determined by us as is reasonable in the circumstances). This is without prejudice to any further consequences of default in payment.
- The Ordering Party is not permitted to withhold payments (in whole or in part) or to offset these against counterclaims which are contested by us.
- Where the Ordering Party holds claims against us, we are entitled to offset these against our own claims against the Ordering Party, at any time.
- For services performed under contracts for work and materials (installation, repairs, maintenance, and other such work), we shall charge the hourly rates and materials-prices applicable at the time of completion, plus our applicable surcharges for any overtime, night-time, Sunday, and public-holiday working; travel and waiting times are counted as working hours. Travel expenses and daily and overnight allowances will be invoiced separately.
5. Performance, Shipping and Default
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- The delivery period under each order shall commence with the mailing of the order confirmation note by us to the Ordering Party.
6. Passage of Risk
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- Unless otherwise stated, risk shall pass to the Ordering Party as soon as the articles to be delivered.
7. Retention of Title; Rescission
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- We shall retain title to the article(s) delivered until the following have been settled in full.
8. Warranty
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- We give no warranty for ordinary deviations in size, weight, or quality (or as tolerated by ÖNORM, EN or DIN standards or other applicable standards)
9. Damages
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- We shall only be liable for damage suffered by the Ordering Party, of whatever kind.
10. Consent to Data Protection
- Client shall agree that JTR Automation Ltd may collect, process and use personal data (such as name, address, email address), if applicable also by commissioning a service provider, for the purpose of sending information regarding products and services of any kind.
11. Final Provisions
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- These Terms of Delivery and Payment and any legal disputes arising out of or in connection with any orders.
12. Special Provisions for Software Supplied Together with Ordered Items or Supplied Separately
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- Scope of use
- All rights of intellectual property, such as copyright, trademark rights, design rights, patent rights.
Contact Information
JTR Automation Limited
35 Cambuskeith Drive, Kilmarnock KA12RX