STANDARD TERMS & CONDITIONS OF SALE
The Customer's attention is particularly drawn to the provisions of Clause 6 (Limitation of Liability). These Terms and Conditions apply to all commercial supply contracts, trade allocations, and direct-to-site deliveries executed by JCS Kinetic Supplies Limited.
Terms & Conditions of Sale
1. BASIS OF CONTRACT
1.1 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
1.2 A Purchase Order submitted by the Customer constitutes an offer to purchase Goods in accordance with these Conditions. The Customer is responsible for ensuring that the terms of the Purchase Order and any applicable specifications are complete and accurate.
1.3 The Purchase Order shall only be deemed accepted when JCS Kinetic Supplies Limited issues a formal written acceptance or processes the corresponding invoice, at which point the Contract shall come into existence.
2. PRICE & PAYMENT TERMS
2.1 The price of the Goods shall be the price set out in the formal quotation issued by JCS Kinetic Supplies Limited or as detailed on the online trade portal at the date of order transmission. Prices are exclusive of VAT and carriage costs unless explicitly stated otherwise.
2.2 For all new accounts, or accounts trading below the standard credit threshold, payment is strictly on a Pro-Forma basis. Full payment must be settled via Bank Transfer (BACS) or Credit/Debit Card, and funds cleared before any Goods are released or dispatched.
2.3 For approved commercial credit accounts, payment is strictly net twenty-eight (28) days from the date of the invoice. JCS Kinetic Supplies Limited reserves the right to charge interest on overdue balances under the Late Payment of Commercial Debts (Interest) Act 1998 at 8% above the Bank of England base rate.
3. RAPID DIRECT-TO-SITE DELIVERY & RISK
3.1 JCS Kinetic Supplies Limited specialises in rapid, direct-to-site fulfillment. Delivery location parameters must be specified clearly by the Customer at the point of order. Any delivery dates or timescales provided are estimates only; time shall not be of the essence for delivery performance.
3.2 Risk in the Goods shall pass to the Customer immediately upon offloading at the designated delivery address, site yard, or designated project perimeter gate.
3.3 The Customer is solely responsible for ensuring safe, lawful, and appropriate offloading facilities, access routes, and necessary personnel are available at the site gates when the delivery vehicle arrives. If a delivery is rejected or delayed due to inadequate site access, the Customer shall bear all associated redirection, storage, and handling costs.
4. RETENTION OF TITLE
4.1 Title and legal ownership of the Goods shall not pass to the Customer until JCS Kinetic Supplies Limited has received payment in full (in cleared funds) for the Goods and any other outstanding balances due from the Customer.
4.2 Until title to the Goods has passed to the Customer, the Customer shall store the Goods safely, protect them from damage, maintain them in satisfactory condition, and keep them clearly identifiable as the sole property of JCS Kinetic Supplies Limited.
4.3 If before title passes, the Customer becomes subject to any insolvency proceedings, or fails to settle an invoice within the agreed credit terms, JCS Kinetic Supplies Limited may at any time require the Customer to deliver up the Goods. If the Customer fails to do so promptly, JCS Kinetic Supplies Limited reserves the absolute right to enter any premises or site where the Goods are stored to recover them.
5. INSPECTION, DEFECTS & RESTOCKING FEES
5.1 The Customer shall inspect the Goods immediately upon delivery. Any damage, visible defects, shortages, or delivery discrepancies must be reported to JCS Kinetic Supplies Limited in writing within three (3) working days of delivery.
5.2 If no discrepancy is reported within three (3) working days, the Goods shall be deemed accepted and fully compliant with the contract specification.
5.3 Plain, standard unbranded stock items accepted for return by prior agreement may be subject to a 15% to 20% manufacturer handling and restocking fee. Goods that have been customized, embroidered, silk-screen printed, or altered to the Customer's specifications are strictly non-returnable unless deemed structurally faulty by a Director.
6. LIMITATION OF LIABILITY & TECHNICAL INFORMATION
6.1 Nothing in these Conditions shall limit or exclude liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation.
6.2 Subject to Clause 6.1, JCS Kinetic Supplies Limited shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of revenue, site downtime, project delays, or any indirect or consequential loss arising under or in connection with the Contract.
6.3 The total aggregate liability of JCS Kinetic Supplies Limited to the Customer in respect of all other losses arising under or in connection with the Contract shall be limited to 100% of the net price paid for the specific Goods giving rise to the claim.
6.4 JCS Kinetic Supplies Limited operates strictly as a trade distributor and reseller of third-party products. All technical data, guidance, product descriptions, and specifications provided by JCS Kinetic Supplies Limited are reproduced directly from the original manufacturer or supplier in good faith. JCS Kinetic Supplies Limited does not provide professional advice, design, or engineering services. The Customer acknowledges that it relies solely on its own judgment and manufacturer documentation to determine product suitability. Any technical defects or product liability claims shall be handled directly under the manufacturer's warranty terms.