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J
Bown & Co (Dukinfield) Ltd Legal Details
RULES AND REGULATIONS
The following rules and regulations apply to all visitors to or users of this
Web Site. By accessing this Web Site, user acknowledges acceptance of these terms
and conditions. J Bown & Co (Dukinfield) Ltd (hereinafter J Bown) reserves
the right to change these rules and regulations from time to time at its sole
discretion. In the case of any violation of these rules and regulations, J Bown
reserves the right to seek all remedies available by law and in equity for such
violations. These rules and regulations apply to all visits to the J Bown Web
Site.
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LIMITED LICENSE
J Bown hereby authorizes you to copy materials published by J Bown on this Web
Site solely for non-commercial use within your organization. No other use of the
information is authorized. In consideration of this authorization, you agree that
any copy of these materials which you make shall retain all copyright and other
proprietary notices in the same form and manner as on the original. Except as
specified above, nothing contained herein shall be construed as conferring by
implication, estoppel or otherwise any license or right under any patent, trademark
or copyright of J Bown or any third party.
ALL CONTENTS ON THIS SITE ARE PROTECTED BY COPYRIGHT. EXCEPT AS SPECIFICALLY PERMITTED
HEREIN, NO PORTION OF THE INFORMATION ON THIS WEB SITE MAY BE REPRODUCED IN ANY
FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM BOWN. VISITORS OR
USERS ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT OR CREATE DERIVATIVE
WORKS OF ANY MATERIAL FOUND ON THIS SITE FOR ANY PUBLIC OR COMMERCIAL PURPOSES.
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COMPLIANCE WITH APPLICABLE LAWS; EXPORT CONTROL LAWS
User access to this Web Site is governed by all applicable laws. All information
available on the Web Site is subject to U.K. control laws and may also be subject
to the laws of the country where you reside.
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TRADEMARKS
The trademarks, logos and service marks ("Marks") displayed on this
Web Site are the property of J Bown or other third parties. Users are not permitted
to use these Marks without the prior written consent of J Bown or such third party
which may own the Mark.
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DISCLAIMER
Although J Bown has attempted to provide accurate information on the Web Site,
J Bown assumes no responsibility for the accuracy of the information. J Bown may
change the programs or products mentioned at any time without notice. Mention
of non-J Bown products or services is for information purposes only and constitutes
neither an endorsement nor a recommendation.
ALL INFORMATION PROVIDED ON THIS WEB SITE IS PROVIDED "AS IS" WITH ALL
FAULTS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. J BOWN AND ITS
SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION,
THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT
OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. J BOWN AND ITS
SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL
DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT
GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS
SITE OR ANY BR J BOWN PRODUCT, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE
INFORMATION PRESENT, EVEN IF J BOWN OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
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TRANSMISSION OF PERSONAL DATA
Except as required by law, J Bown will maintain the confidentiality of all personal
information transmitted to J Bown by the user. Any feedback you provide at this
Web Site shall be deemed to be non-confidential and J Bown UK will have no obligation
to protect such information and may use such information in any way it chooses.
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PRODUCTS AND SERVICES AVAILABILITY
Because international information is provided at this Web Site, not all products
or programs mentioned will be available in your country. We welcome enquiries
from overseas but due to import restrictions on some countries and freight costs
we may not be able to supply certain overseas countries. EEC enquiries are welcome.
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LINKS TO THIRD PARTY SITES
This Web Site may contain links to third party sites. Access to any other Internet
site linked to this Web Site is at the user's own risk and J Bown UK is not responsible
for the accuracy or reliability of any information, data, opinions, advice or
statements made on these sites. J Bown provides these links merely as a convenience
and the inclusion of such links does not imply an endorsement.
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ACCESS TO PASSWORD PROTECTED / SECURE AREAS
Access to and use of password protected and/or secure areas of the Web Site is
restricted to authorized users only. Unauthorized individuals attempting to access
these areas of the Web Site may be subject to prosecution.
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PRIVACY POLICY
INFORMATION THIS SITE GATHERS/TRACKS
The J Bown Products Ltd Web site logs IP addresses and browser types, but does
not link IP addresses to anything personally identifiable. This means that a user's
session will be tracked, but the user will be anonymous.
You can browse our site without entering any personal information and therefore
remain anonymous during your visit. However, we hope that all of our visitors
will contact us by email so that we may keep them updated with new offers etc.
The only other place that we collect personal information on our Web site is on
the order form. The order form asks for billing information such as name, postal
address, email address etc.
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USE OF THE INFORMATION THIS SITE GATHERS/TRACKS
The J Bown Products Ltd Web site logs IP addresses for systems administration
purposes and these logs will be analyzed to constantly improve the value of the
materials available on the website.
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J Bown UK LTD ORDER FORM
The information that we require on our order form is only used to process your
order quickly and accurately. Your contact information will only be used to send
you the product that you purchase and your billing information will only be used
to bill you for that product. This information will in no way will be used for
marketing purposes by J Bown, nor will it be shared with any third parties.
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LINKS
The J Bown Web site may contain links to other Web sites. Please be aware that
our privacy policy does not apply to these linked sites. We encourage you to read
the posted privacy statement whenever interacting with any Web site.
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CONDITIONS OF SALE
APPLICATION OF CONDITIONS
All Goods supplied by the Seller are supplied on the following terms and conditions
and no variation hereof or terms inconsistent herewith shall have effect unless
such variation or term is expressly accepted by the Seller in writing.
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PRICE
The price payable for the Goods shall be the price ruling at the date of despatch
and applicable to the appropriate place of delivery according to the Seller's
price list for deliveries to the mainland of Great Britain. An additional charge
will be payable in respect of deliveries to other United Kingdom locations. In
the case of export sales the price payable shall be the price ruling on the date
of despatch and (if applicable) appropriate to the place of delivery according
to the Seller's export price list. The Seller reserves the right to vary prices
without notice.
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QUALITY AND LIABILITY
- a) The Seller warrants and undertakes
that the Goods shall:
- (i) be of sound and merchantable quality.
- (ii) be in accordance with the Seller's
specification thereof for the time being in force.
- (iii) in a sale by description or sample,
correspond with the description or sample as the case may be.
- (iv) be fit for the ordinary purposes
specified or set out in the Seller's published literature or instructions for
use and such other purposes as the Seller may agree in writing with the Buyer.
- b) Except as stated in a) above, and
insofar as it is legally permissible to do so, all express and implied conditions
and warranties, statutory or otherwise, as to quality or correspondence with description
or sample, or fitness for any purpose of the Goods, are hereby expressly excluded.
- c)The Seller hereby notifies the Buyer
that the price for the Goods payable hereunder has been determined on the basis
that the Seller's liability for any breach of warranty under a) above, or for
any liability arising out of any recommendation or advice given by the Seller
or its employees or agents to the Buyer or its employees or agents to the storage,
application or use of the Goods shall be limited to the Seller's option to
- (i) refund of the purchase price of
the Goods, or
- (ii) replacement of the Goods and the
Seller's liability (so far as the law permits) shall be limited accordingly.
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DELIVERY
Unless otherwise agreed in writing:
- a) delivery estimates given by the
Seller are for the assistance of the Buyer, but the Seller shall be under no liability
for any failure or any delay in despatch or delivery, nor for any loss or damage
whatsoever arising there from.
- b) the unloading of the Goods on delivery
from any vehicle is the responsibility of the Buyer, who shall unload without
undue delay.
- c) in any case where forwarding instructions
are required from the Buyer, and the Seller has given notice that the Goods are
ready for despatch, the Buyer shall give such instructions in reasonable time
and so as to require delivery within 30 days from the date of the Seller's notice.
If the Seller does not receive such forwarding instructions it shall (without
affecting the obligation to sell and deliver Goods) be at liberty to dispose of
the Goods which are the subject of the notice of readiness as it thinks fit.
- d) delivery shall be deemed to have
been completed when the Goods have been unloaded from the vehicle delivering them,
and the Seller shall not be required to investigate the authority of the persons
receiving the Goods to act on behalf of the Buyer. Export sales shall be upon
such terms of delivery and otherwise as may be agreed.
- E) In general, orders are despatched
by overnight transport on a "by 12noon delivery". Please ensure that
on the agreed delivery date someone is there to receive and sign for the goods.
Carriers will not leave orders without a person to receive them.
- F) No order will be accepted or despatched
without a full address and POSTCODE.
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SUBSTITUTION
J Bown reserves the right to substitute any item out of stock with the nearest
variety of equal or greater value unless expressly instructed not to do so at
placement of order.
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PAYMENT
The price of any Goods shall be paid with the order and
any subsequent increase or decrease in the price payable hereunder shall be adjusted
by the Seller and the Buyer upon delivery of the Goods. If, or for as long as,
the Seller is willing to supply on credit terms, the Buyer shall (unless otherwise
agreed) pay the price and any other charges not later than the 30th day of the
month following the month of invoice.
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RISK AND PROPERTY
The risk in the Goods shall pass to the Buyer upon delivery of the Goods to the
Buyer or to any carrier or location nominated by the Buyer. The Seller and the
Buyer expressly agree that until the Seller has received in cash or cleared funds
payment in full for the Goods and until all other sums due from the Buyer to the
Seller on any account whatsoever have been paid in full:
- a) property in the Goods shall remain
in the Seller and the Goods shall be received and held by the Buyer as bailee
for the Seller and the Buyer shall store the Goods without charge to the Seller
in such a manner that they are clearly identified as the property of the Seller.
- b) the Seller may recover all or any
of the Goods from the Buyer without notice at any time they are in the possession
of the Buyer and for that purpose the Seller and its servants and agents may enter
upon any land or building upon which the Goods are situated.
- c) without prejudice to the foregoing
provisions of this Clause the Buyer has the right to dispose of the Goods in the
ordinary course of its business but only for the account of the Seller and in
the event of such disposal, the Buyer has the fiduciary duty to the Seller to
account to the Seller for the proceeds separate from any moneys or property of
the Buyer and third parties hereto.
- d) the Buyer shall without charge to
the Seller ensure that the Goods and any products in which they are incorporated
are kept in good condition and repair and shall keep such goods and products insured
against all risks to their full replacement cost under a policy which provides
for all monies payable thereunder to be paid to the Seller for the purpose of
satisfying from such monies any outstanding claims by the Seller against the Buyer
and paying the balance (if any) to the Buyer.
- e) the Buyer shall not be entitled
to pledge or in any way charge by way of security for any indebtedness of the
Goods which remain the property of the Seller, but if the Buyer does so, all monies
owing by the Buyer to the Seller shall (without prejudice to any other right or
remedy of the Seller) forthwith become due and payable.
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DAMAGE AND LOSS
No claim shall be maintainable by the Buyer against the Seller for loss or damage
to the Goods unless the delivery ticket is appropriately endorsed with brief details
of the loss and/or the nature of the damage, and a written claim is submitted
to the Seller within 72 hours of the date of despatch shown on the delivery ticket.
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FORCE MAJEURE
Neither the Seller nor the Buyer shall be responsible for any failure to fulfil
any terms of this Agreement if fulfilment has been delayed, hindered or prevented
by any circumstances whatsoever which are not within the control of the Seller
or the Buyer as the case may be, or by shortage of suppliers required for, or
in connection with, the manufacturer of the Goods or by compliance with any order
or request of any national port, local or other authority. If the Seller is at
any time delayed or hindered in delivering the quantity which is deliverable under
contract with the Buyer and at the same time maintaining in full its business
in the Goods, the Seller shall be at liberty to withhold, suspend or reduce deliveries
to such extent as the Seller in its discretion may think fit and reasonable, and
shall not be bound to acquire by purchase or otherwise additional quantities from
the suppliers.
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APPLICABLE LAW
English law shall apply and any dispute shall be settled in the English Courts.
NOTE: Prices on this site apply to Great Britain mainland only. All prices may
be subject to variation without prior notice.
VAT - Prices charged on our price lists are exclusive of VAT.
Containers - Free and non-returnable.
Carriage - Paid home when delivered to Great Britain mainland.
Small Order Charge - Orders with a net invoice value of less than £100 exclusive
of VAT, will be subject to an addition of £15 flat rate administration, plus
VAT and part cost of delivery charge.
Terms - Nett payment on or before the 30th day of the month following the month
of invoice.
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