IMPORTANT: Please read the wording of this Agreement carefully as it contains the terms and conditions ("the Conditions") upon which j-Omega Electronics ("Us"/"We"/"Our") contracts with you ("You"/"Your"/"Yourself") for the sale of the Goods. In this Agreement, "Goods" means the goods which We supply to You in accordance with the Conditions.
All orders are accepted by Us subject to the following Conditions:
1.1 Unless by prior arrangement with US, You will place all orders via Our website.
1.2 All orders which are accepted by Us shall be subject to these Conditions.
2.1 Payment is due at the time of submitting the order, however at our discretion, and subject to satisfactory references, we shall invoice you for the Goods on or soon after despatch. In this case, payment is due within 30 days of the date of issue of the invoice (the "Due Date").
2.2 If You fail to make any payment by or on the Due Date We have the right to charge interest on all outstanding balances calculated on a daily basis at the rate of 2% per annum above the current base lending rate of the Bank of England.
2.3 Prices quoted on the website are current and Your order total will be calculated on the basis of the displayed figures. While every endeavour will be made to maintain them at their present level we reserve the right to effect changes without prior notice (including, in particular, in the event of exchange rate variations).
2.4 If any sum of money is due from You, the same may be deducted from any sum then due or which at any time becomes due to You under this or any other Agreement between Us and You.
2.5 Single invoices are rendered. A charge will be made for additional copies.
3 Ownership of the Goods
3.1 Ownership of the Goods delivered or to be delivered by Us will only be transferred to You when You have paid cash or cleared funds in payment of all sums owing to Us in respect of the Goods.
3.2 Until payment as aforesaid You must store the Goods in such a way that they are clearly Our property.
3.3 Until ownership has passed to You We retain full legal and beneficial title to the Goods and reserve the right at any time to require You to deliver up the Goods to Us and, if You fail to do so forthwith upon Our request, to enter upon any of Your premises or of any third party where the Goods are stored and repossess the Goods.
3.4 Nevertheless You shall be entitled to sell the Goods either in their original state or incorporated into other products acting as Our agents but in these circumstances the title to the Goods shall remain with Us, and You shall remain fully accountable for the proceeds of the Sale thereof.
4 Despatch of Goods and Delivery
4.1 Goods are normally despatched within 3 working days of receipt of order payment, but to allow for occasional stock shortages, We advise that 28 days should be allowed before considering a despatch as late. Carriage is charged at a variable rate according to a calculation which considers the total weight of the consignment and the geographic region of the delivery address. This calculation is performed by the web server and the calculated amount will be displayed to You before requiring commitment to the order.
4.2 We shall despatch Goods by recorded First Class post or Carrier to UK based customers.
4.3 To customers outside the UK, We will despatch goods by recorded international post. Customers residing in countries outside the EU may be required by their local customs office to pay a surcharge on receipt of the consignment. Such charges are outside Our control and payment of them will be Your responsibility.
5.1 Other than Goods returned under Guarantee in accordance with clause 8 or for shortages or damages reasons, returns will require Our Agreement and in any event will only be accepted in original packaging and a 20% handling charge will apply with a minimum charge of £2.00. Goods must be returned within 30 days of the date of delivery.
5.2 Software may not be returned in any circumstances other than under clause 8.5 in relation to a defect in the media on which its software is supplied.
5.3 If there are shortages or damages to the Goods occurring in transit, you must notify us 7 days from the date of delivery, giving full details of any such shortages or damages and You must return the Goods to Us together with all packaging. Within that time all parcels delivered to You in a damaged condition should be returned to Us forthwith.
5.4 Where We accept that there has been a shortage in Goods despatched or the Goods have been damaged in transit, We shall replace such Goods at the previously invoiced price.
6 Order Cancellation
6.1 Cancellation of an order can only be accepted after prior negotiation and agreement. If cancellation is agreed prior to despatch of the order, then a full refund will be provided.
6.2 Cancellation cannot be accepted if the order has been despatched, even though it may not have yet reached the customer.
6.3 Any orders placed under the standard advance payment arrangements (see Section 2.1) but for which payment is not received within 30 days will be considered as cancelled.
7 Regulatory Compliance and Copyrights
7.1 Unless explicitly stated, the products sold by Us are classified as components and are sold on the understanding that they will be incorporated by You into some form of final assembly. Accordingly, You are responsible for ensuring that Your final assembly conforms to any applicable regulations concerning electrical safety, electromagnetic compliance, end-of-life disposal, etc. Our responsibility is limited to RoHS compliance (see www.rohs.gov.uk of only to those components that We supply.
7.2 Reproduction in part or whole of this website without Our prior written consent is strictly prohibited.
8.1 Unless otherwise specified and subject to clauses 8.2 and 8.3, the Goods are guaranteed free from defect caused by faulty materials or workmanship for a period of twelve months from the date of despatch (the "Guarantee").
8.2 The Guarantee in clause 8.1 is given provided that:
(a) We are promptly notified in writing upon discovery by You that the Goods are defective due to faulty materials or workmanship;
(b) the Goods in question to which the claim refers are returned to Us within 12 months from the date of despatch (the "Guarantee Period") suitably packed, carriage prepaid and accompanied with Your name, address and details of the nature of the defect; and
(c) examination by Us of the Goods in question confirms that the alleged defect has not been caused by misuse, neglect, method of storage, faulty installation, handling, testing or repair, by alteration or accident or by any other cause listed in clause 8.3(b)(i) to (iv) below.
8.3 We are not liable under this Guarantee:
(a) if the total price for the Goods has not been paid by the Due Date; or
(b) for any defect arising from:
(i) fair wear and tear, wilful damage, negligence, misuse, repair of the Goods without Our approval;
(ii) any use of or dealing with the Goods in a manner which could not reasonably be expected having regard to their normal purpose;
(iii) any use of or dealing with the Goods in conjunction with any other item where such item causes or gives rise to the alleged defect; or
(iv) any use of the Goods which is not in accordance with its operating or user instructions or from any failure to service or maintain the Goods in accordance with the instructions.
8.4 The Guarantee shall not be affected by and no obligation or liability shall result from providing technical advice or service in connection with Your order for the Goods.
8.5 Software programs are supplied by Us on the strict understanding that there is no guarantee that the contents of the software be free from errors, bugs, or omissions.
8.6 Our liability under the Guarantee shall be limited to replacing, repairing or issuing credits at Our option for any Goods returned within the Guarantee Period.
9 Limitation of Liability
9.1 Subject to clauses 9.3 and 9.4 below and as otherwise expressly provided in this Agreement, all warranties, conditions or other terms whether express or implied by statute or common law or otherwise are excluded to the fullest extent permitted by law. In particular We make no representation or warranty that the Goods are either of satisfactory or merchantable quality or fit for any purpose or that they conform to any description. You acknowledge and agree that You have relied upon Your own skill and judgement in selecting the Goods.
9.2 Subject to clauses 9.3 and 9.4 and to the Guarantee given in accordance with clause 9 and to the full extent permitted by law We exclude all liability for any loss, damage or expense howsoever suffered or incurred by You as the direct, indirect or consequential result of the Goods either not being of satisfactory or merchantable quality, or fit for any purpose, or conforming to any description and You hereby irrevocably waive all rights and/or remedies (if any) which You may have or have had in respect of such loss, damage or expense and/or in respect of any breach or default of any warranty implied by statute, equity or common law concerning the quality, fitness or description of the Goods.
9.3 Clauses 9.1 and 9.2 do not apply where You deal as a Consumer in accordance with section 12 of the Unfair Contracts Terms Act 1977 and to the extent that that such exclusion is not permitted in accordance with the provisions that Act. Your statutory rights remain unaffected by anything in these Conditions.
9.4 Nothing in these Conditions shall limit Our full liability in respect of death or personal injury caused by Our own negligence or under Part 1 of the Consumer Protection Act 1987.
9.5 We shall not be liable for incidental or consequential damages for any breach hereof, including but not limited to costs of removal and re-installation of Goods, loss of goodwill, loss of profits or loss of use.
10 Commercial Tolerances
10.1 Dimensions and other physical characteristics of the Goods are subject to normal commercial tolerances. Unless otherwise stated, electrical ratings represent safe working limits.
11.1 We reserve the right to discontinue any product, or make design changes to product specifications, or use different components to those instrated in the product photographs, without prior notice, as part of Our continuous process of product and service improvement, or to improve product availability. The information presented by this website is correct to the best of Our knowledge at time of content creation. All images are used for illustration purposes only.
11.2 All electronic cicuit assemblies which We manufacture are inspected and functionally tested prior to despatch.
11.3 If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or part the validity of the other provisions of this Agreement and the remainder of the provision in question shall not be affected.
11.4 We shall not be liable to You for any delay or failure to perform any of Our obligations hereunder which is due to causes or circumstances beyond Our reasonable control, including (without limitation) acts of civil or military authority, national emergencies, fire or flood, acts of God, war or riots, actions or omissions of third parties.
11.5 This Agreement including the order is the complete and exclusive statement of the contractual relationship between the parties, which supersedes all prior proposals, understandings, agreements, or representations between the parties relating to this Agreement except in respect of any fraudulent misrepresentation made by either party.
11.6 We reserve the right to randomly monitor and record inbound and outbound telephone calls and correspondence.
11.7 No delay, neglect or forbearance on the part of either party in enforcing its rights or any of them against the other shall be construed as a waiver or in any way prejudice any of its rights hereunder.
12.8 This Agreement shall be governed by and construed in accordance with the laws of England and Wales whose courts shall have exclusive jurisdiction in connection with any dispute arising out of or in connection with it.