HAROLD R. JOHNS LTD®™
Tintern Tractors & Machinery
Whitelye Farm, Catbrook
Nr Chepstow Gwent
Monmouthshire NP16 6NJ
Tel; 01291 689278 / 689745 ♦ Fax 01291 689969 ♦ Mobile 07860 700001
These terms and conditions of trade apply to all activities, divisions, trading names of Harold R Johns Limited hereinafter called (the Company).
The Company is registered in England and Wales, Company Number 5319529 its Registered Office is as above and the VAT registration number is 337790820.
All orders placed and contracts entered into with the Company are deemed to have been made at the Company’s Registered Office.
The placing of an order or entering into a contract with the Company or by purchasing from or via the company in any way whatsoever denotes the customer’s acceptance of these Terms and Conditions of Trade.
It is generally agreed that all notices and statements given to the customer or left at or sent to the address given by the customer on his application form, as their present or last known address shall be considered as validly given to the customer. If sent by first class post such notices and statements shall be considered received by the customer 48 hours after posting.
If two or more people are named as the customer, the liability of each shall be joint and several.
The Company reserves the right to alter these terms and conditions of trade at any time as deemed appropriate by the Directors or by prevailing legislation.
Should the Company choose not to enforce these terms and conditions immediately upon a breach of the said terms and conditions, the Company reserves the right to enforce them at a later date without penalty.
The customer will inform the Company within 14 days by registered post if their address changes.
10. The customer will inform the Company within 14 days by registered post if they change their name.
Brochures and Price Guides
All descriptions in the Company’s catalogues, price lists and sales literature, and on the Company’s web sites, are subject to change without prior notice and are not subject to a guarantee of accuracy. Sizes given in such descriptions are approximate.
The Company reserves the right to alter the prices and specifications, or to discontinue any item without prior notice to customers. It is the customer’s responsibility to check availability, specification and price when ordering.
Order and Deliveries
If goods ordered by customers become unavailable due to circumstances beyond the Company’s control, the goods will be supplied as they become available, unless previously cancelled by the customer. Any charges already paid or due to be paid by the company in respect of the cancelled order, will be passed on to the customer at cost.
When receiving goods, it is the customer’s responsibility to check the contents of every delivery before signing either the Company’s or the carrier’s delivery note, as acceptance of the goods and in satisfactory condition.
No goods will be left at a customer’s premises without a signature to accept delivery.
If the delivery driver receives a signature for the delivery, then the goods are deemed to be correctly delivered in full, unless prior notification is given that part of the order is delayed.
Deliveries will be charged at the prevailing rate including where goods are not signed for.
If a customer requests a delivery at a specific time / date and is then not there to accept delivery, then a charge will be levied onto the customer to cover the cost of the vehicle and driver.
Claims for damage to items in transit or shortages in deliveries will only be recognised by the Company if the customer reports it to the Company with 3 (three) days of receipt of the goods, and returns the damaged goods to the Company within 7 days of notification.
The Company will not recognise claims for damaged goods or shortages where the customer has signed that the goods have been received fully and in good condition.
A restocking charge of 20% of the value of the goods returned will be charged for any unwanted/over-ordered goods.
Terms and Conditions of Trade Cont/d
These terms conditions and the administration of this agreement are governed by the laws in
England & Wales with jurisdiction in the County of Monmouthshire.
Title, legal or beneficial, to any goods or services supplied by the Company does not pass to the customer until payment has been made in full.
Unless agreed by prior written notice, ALL accounts are due for payment 30 days after receipt of the goods.
Any invoice that becomes overdue renders all other invoices overdue.
When an account becomes overdue, the Company reserves the right to;
a). Press for payment, pointing out the consequences of failure to pay by the stipulated time.
b). Place the account in the hands of a debt collection agency.
c). Recover from customers all costs, charges and expenses incurred by the Company and / or its agents in the collection of monies overdue, legal or otherwise
d). Charge of £50 per hour per person for any personal court appearances necessary by directors or staff of the Company.
e). Have a representative of the company call to their house or place of business to either collect payments or to discuss the customer's financial circumstances.
f). The Company may require the customer to deliver up all such goods to the Company, failing which, the customer allows the Company to enter their or a third party’s property to retake possession of the goods.
g). To charge the debtor under the Late Payment of Commercial Debts (Interest) Act 1998 and the Late Payment of Commercial Debts Regulations 2002 at the prevailing rate.
Customers who wish to open a credit account should apply by using the Company’s Credit Account Application form, which will be supplied upon request. The account will carry a minimum monthly spend threshold. Any accounts failing to meet this threshold will at the discretion of the company be closed 7 days after a letter informing the account holder of the impending action. Upon such closure all outstanding monies are due immediately.
Permit the company to search the files of a credit reference agency that will keep a record of that search. Details of how you conduct your account may also be disclosed to the agency. In the event of your account going into default, relevant details may be recorded with the agency. Any of this information may be used by other lenders in assessing other credit applications from you and members of your household, and for occasional debt tracing and fraud prevention. The customer has the right to be told by the company which agency the company has used and the company has a right to obtain from the credit reference agency a copy of their credit file.
The Company reserves the right to refuse to open an account without any explanation whatsoever.
The Company reserves the right to close an account without any explanation whatsoever.
Until a credit account is set up for a customer, orders are supplied only on a pro-forma invoice basis, where cleared funds must be received with the order or upon receipt of the goods.
Customers will be informed of their credit limit upon opening a credit account.
Customers must not exceed their stated credit limit without the Company’s prior written agreement. However, if a customer wishes to have his/her credit limit changed, he/she must approach the Company in writing, but the final decision rests with the Company.
If the customer’s account falls overdue for payment, the Company reserves the right to suspend the account and refuse any further additions to the account until it is brought within its specified terms.
A charge of £40 (forty pounds) will be made for any customer’s cheque that is returned to the Company unpaid or stopped and added to the customer’s account.
Where a customer does not maintain regular payments the company will endeavour to establish contact with the customer who will be responsible for the company’s following costs:
Contact by telephone - £5.00 per call and/or £3.00 per text message to a maximum of 6 voice calls and 3 text calls.
Contact by letter - £15.00 for the first letter and £20 for the second letter. If there is no response after the second letter, this will be automatically followed by a default letter at a cost to the customer of £30.00.
c) Should the company need to carry out a trace in order to establish where a customer lives, a charge of £45.00 will be added to the customer’s account.
Where the company needs to carry out a verification visit after a trace in order to establish that the customer does live at the address, a charge of £15.00 will be added to the customer’s account.
To permit a representative of the company calling at their house to either collect payments or to discuss the customer's financial circumstances.