JB McNeill Garage Equipment Terms & Conditions

When your order is received and confirmed, we expect to facilitate delivery to your stated delivery address by carrier within 7-10 working days. If an item is out of stock, please bear with us, as we will have to either order from England, or the manufacturer in U.S.A. This should be no more than 4-6 weeks. If this is unacceptable, we can usually offer an alternative product. In any event, you will be kept fully informed assuming name & full contact details are supplied.

Refund and Return Policy

In the unlikely event your purchase is not satisfactory, we will refund all monies paid subject to our Terms & Conditions of Trading. For full details, please see the full 20 point document below.

Privacy Policy

Some of your own, or your companies personal details will be taken, in order to facilitate delivery and payment for your chosen product or products. This information is strictly confidential, and will not be divulged to any third party without your written consent, or consent from you by E-Mail.

Terms & Conditions Document

In the interests of clarity and transparency, JB McNeill Ltd. appends the document below, rather than a link to it that could be easily missed.

TERMS AND CONDITIONS FOR THE SUPPLY OF GOODS AND SERVICES AND INSTALLATION BY JB McNEILL LTD.

1. (a) in these conditions “The Company” means JB McNeill Ltd. And “The Customer” means the individual, firm, company, or other party with whom the company contracts.
(b) No order in pursuance of any quotation or otherwise shall be binding on the company unless and until such order is accepted by the company. Any contract made between the company and the customer (herein called “the contract”) shall be subject to these conditions, and save as after mentioned no representative or agent of the company has authority to agree any terms or make any representation inconsistent with them, or to enter into any contract except on the basis of them, any such term, representation or contract will bind the company only if in writing and signed by authorised signatory.

2. “The Contract” means the contract of sale and purchase of goods made between the company and the customer to which these conditions shall apply.

3. These conditions shall prevail over any inconsistent terms or conditions referred to in the customers order, or in correspondence, or elsewhere, unless specifically agreed to in writing by both parties, and any conditions or stipulations to the contrary are hereby excluded or extinguished.

4. Quotations by the company shall not constitute an offer and the company reserves the right to withdraw or amend the same prior to acceptance of the customers order. Unless otherwise stated all quotations are valid only for 30 days after their date.

5. The prices paid for the goods shall be those charged by the company at the time of dispatch so that the company shall have the right at any time to revise quoted prices or take account of increase in costs of acquisition and of carriage.

6. Any description contained in the company catalogue or the company web site, sample, price list or other advertising material is intended merely to represent a general picture of the company’s products and services and shall not form a representation or be part of the contract.

7. In the event that the company has not received a written acknowledgement of the customers order, these conditions, provided the customer shall have had prior notice of them, shall none the less apply to the contract.

8. The company reserves the right to correct any clerical or typographical errors made by its employees at the time.

9. Payment of invoices shall be made in cash sterling at the time stated on the invoice or within 30 days of the date of delivery, if no payment time is specified. The company shall have a right to charge interest on overdue accounts at the rate of 4% above base rate from time to time to run from the due date of payment thereof until receipt by the company of the full amount whether or not after judgement. Time for payment shall be of the essence of the contract. If the customer shall fail to make any payment when it becomes due or shall enter in to any composition or any arrangement with his creditors or (if being a partnership shall have a winding up order made against it or if being a corporated company shall have an administrative receiver or administrator appointed or shall pass a resolution or winding up or a court shall make an order to that effect or if there shall be any breach by the customer of any of the terms and conditions hereof) the company may defer or cancel any further deliveries and treat the contract as determined but without prejudice to its full rights to the full purchase price delivered and services provided and damages for any loss suffered in consequence of such determination.

10. Cancellation by the customer of any contract will only be accepted at the discretion of the company and in any case on condition that any costs or expenses (incurred by the company up to the date of cancellation and all losses or damages resulting to the company by reason of such cancellation) will be paid by the customer to the company forthwith. Acceptance of such cancellation will only be binding on the company if in writing.

11. A charge will be made for any costs incurred by the company due to suspension or deferment of any order by the customer or in the event that the customer defaults in collecting or giving instructions for the performance of any service.

12. No claim for damage, shortage of delivery or loss of goods will be entertained unless the customer will have given to the company written notice of such damage, shortage or loss, with reasonable particulars thereof within 3 days of receipt of the goods or (in the case of total loss, of receipt of the invoice, or other notification of dispatch). The companies liability, if any, shall be limited to replacing or, in its discretion, repairing such goods and it shall be a condition precedent to any liability that the customer shall if so required have returned damaged goods to the company within 14 days of such request. The customer shall not be entitled to make any claim against the company for consequential loss arising out of such damage, shortage or loss aforesaid.

13. Save as otherwise provided in these conditions the company’s liability in respect of any defect in or failure of goods supplied or work done is limited to replacing or (in its discretion) repairing or paying for the repair or replacement of goods within 3 months or (in the case of used equipment) 30 days of delivery to the customer are found to be defective by reason of default of incorrect design, workmanship, parts or materials and carrying out again by any services which the company has failed properly to perform in accordance with the contract. The company shall have no such liability in respect of used parts or equipment sold “as seen and inspected”. In the event of any error in any weight, dimension, performance or other description or information which has formed a representation or is part of a contract, the company’s liability in respect of any direct loss or damage sustained by the customer as a result of such error shall not exceed the price of the goods or services in respect of which the description or information is correct.

14. Where the company agrees to repair or replace goods or carry out any services in accordance with the foregoing provisions of this paragraph, any time specified for delivery under the contract shall be extended for such period as the company may reasonably require. In respect of repair work carried out by the company for the customer, payment shall be made as set out unless otherwise specifically agreed in writing by the company.

15. Subject to specific agreement in writing with the company, payment in respect of all parts purchased by the company on behalf of the customer in excess of £100.00 shall be forthwith.
The following provisions shall apply to all goods which under the contract the company agreed to supply to the customer. No failure by the company to enforce strict compliance by the customer with such provisions shall constitute a waiver thereof and no termination of the contract shall prejudice limit or extinguish the company’s right under this paragraph.

(i) Upon delivery of the goods, the customer shall hold the goods solely as bailee for the company and goods shall remain the title and property of the company until such time as the customer shall have paid to the company the full purchase price thereof. Until such time the company shall be entitled to recover the goods or any part thereof and for the purpose of exercising such rights the company, its employees and agents, with appropriate transport may enter upon the customer’s premises and any other location where the goods are situated.

(ii) The customer is hereby licensed to sell on the goods. The customer shall, immediately upon receipt of the proceeds of sale, and whether or not payment has become due, remit to the company the full purchase price of the goods sold unless any part whereof which has already been paid until such amount has been so remitted shall hold such amount as trustee and agent for the company.

(iii) The customer shall maintain all appropriate insurance in respect of the goods from the date or dates on which the risk herein passes to him. In the event of any loss or damage occurring while the goods remain the property of the company, the customer shall, immediately on receipt of the insurance monies, remit to the company the full purchase price of goods, lost or damaged less any part thereof which has already been paid and until such amount has been so remitted shall hold such amount as trustee or agent for the company.

(iv) The license granted under subparagraph (ii) shall be terminable forthwith at any time upon notice by the company to the customer.

16. The company reserves a general lien over goods or items owned by the customer or which may be in the customers possession whether pursuant to have expressed power to sell the goods or items in pursuant of its lien upon giving 30 days notice in writing of its intention to do so to the customer.

17. Save as hereinbefore provided subject to the provisions under Section 2(1) of the Unfair Contract Terms Act 1977, the company shall not be liable to the customer for any damage or for any direct or consequential loss incurred by the customer in consequence of any negligence on the part of the company or negligence or wilful default on the part of its servant or agent in or in connection with the supply of any goods or in the carrying out of any work or the provision of any information.

18. Any notice required to be given hereunder in writing shall be deemed to have been duly given if sent by prepaid first class post, telex or telegraph addressed to the party concerned at his principal place of business or last known address.

19. Nothing in these conditions shall exclude or restrict any liability that the company may have by virtue of the Consumer Project Act 1987.

20. The property law of all contracts with the company shall be English law which shall govern in all respect the construction and effects of such contracts and of these conditions. The customer agrees that in the event of any dispute arising out of the contract or the performance thereof he will submit to the jurisdiction of English courts.