Terms of service.
J&J Henigan Sales Agreement & Terms of Service
Please make sure to read this document in it’s entirety, as once you (the customer) approves the quotation that has been sent to you and the funds for any deposit/s have been sent, we (J&J Henigan) will consider this to be a digital signature and this sales agreement will be binding.
THIS SALES AGREEMENT (the ‘Agreement’) BETWEEN:
J&J Henigan of Unit 12 SY School Street Industrial Esate, Hazel Grove, Stockport, SK7 4RA, represented by Jack Henigan and Joseph Henigan (the ‘Seller’) AND The customer (the ‘Buyer’)
IN CONSIDERATION OF THE COVENANTS and agreements contained in this Sales Agreement, the parties to this Agreement agree as follows:
1. The Seller will sell, transfer, and deliver to the Buyer the bespoke goods and services, the ‘Goods’ and services will be detailed and agreed upon in the quotation sent to the Buyer by the Seller
2. The Buyer will accept the Goods and pay for the goods (GBP) (the ‘Purchase Price’), paid as follows: A non-refundable deposit and the remainder of the Purchase Price by BACS, Cash or Cheque.
3. The deposit will not be refunded to the Buyer if this transaction is not completed. If the Buyer wishes to receive the Goods by home delivery then by reading this contract they are agreeing that the Buyer will make the remaining payment for the Goods before delivery commences.
4. The Goods will be deemed received by the Buyer when delivered to the Buyer at the agreed upon address.
5. The risk of loss from any casualty to the Goods, regardless of the cause, will be on the Seller until the Goods have been received by the Buyer. Upon receipt of the Goods, any damages and imperfections should be identified immediately, any damages or imperfections reported by the Buyer after 5 days are not the Seller’s responsibility to repair, unless further discussion of additional services and charges are held.
6. The Buyer has been given the opportunity to inspect the goods (Only applicable to hand delivered goods by the Seller) or to have it inspected and the Buyer has accepted the Goods in its existing condition. Further, the Seller disclaims any warranty as to the condition of the Goods.
7. The Seller warrants that: the Seller is the legal owner of the goods; title to the Goods will remain with the Seller until receipt of the Goods by the Buyer or, in the alternative, the Seller delivers a document of title or registrable bill of sale of the Goods, bearing and necessary endorsement, to the Buyer.
8. Inspection will be made by the Buyer at the time and place of delivery.
9. Any refund will not include the cost of delivery or installation/de-installation. Those costs will be borne by the Buyer.
10. The Buyer’s failure to give notice of any claim within 5 days from the date of delivery will constitute an unqualified acceptance of the Goods and a waiver by the Buyer of all claims with respect to the Goods.
11. The Seller will not be liable in any way for any delay, non-delivery or default in shipment due to labour disputes, transportation shortage, delays in receipt of material, priorities, fires, accidents and other causes beyond the control of the Seller or its suppliers. If the Seller will be prevented directly or indirectly from delivering the Goods at the time specified or within one month after the date of this Agreement, then the Seller will have the right to terminate this Agreement by notice in writing to the Buyer, which will be accompanied by full refund of all sums paid by the Buyer pursuant to this Agreement.
12. This Agreement cannot be modified while any order is already underway, the agreement cannot be altered between the Seller and the Buyer after the quote has been agreed and the deposit funds have been sent. The Seller reserves the right to make amendments to this document ONLY before a new order has been confirmed.
13. This Agreement will be governed by and construed in accordance with the laws of the Country of England and the Seller and the Buyer hereby attorn to the jurisdiction of the Courts of the Country of England.
14. This document is binding as mentioned in the header of this document, by agreeing to the quotation you have received, and following the transferral of the appropriate subsequent funds (order deposit) The Buyer acknowledges that they have agreed to and will adhere to all of the terms of this agreement. At this point the seller considers this transferral of funds to be a digital signature and therefore a legally binding contract has been entered into.
15. Time is of the essence in this Agreement.
16. This Agreement constitutes the entire agreement between the parties and there are no further items or provisions, either oral or otherwise. The Buyer acknowledges that it has not relied upon any representations of the Seller as to prospective performance of the Goods, but has relied upon their own inspection and investigation of the subject matter.
For any further information please contact us.