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Joaxcom Terms
General
Joaxcom means Joaxcom.com (trading as
Joaxcom).
Catalogue means the catalogue of products and
services offered by Joaxcom.
Force Majeure Force Majeure means any cause affecting the
performance by Joaxcom of its obligations arising from acts,
events, omissions, happenings or non happenings beyond its
reasonable control including (but not limited to) governmental
regulations, fire, flood or any disaster or industrial dispute
affecting a third party.
Working days means Monday to Friday, excluding
Bank or other Public holidays.
Orders
All contracts of sale made by Joaxcom shall
be deemed to incorporate these terms and conditions, which
shall prevail over any other terms from the party (the
Customer) with whom Joaxcom is dealing. Cancellation of
orders is not accepted as
many orders are despatched on the same day the order is
placed. Cancellation of orders can only be
accepted in accordance with the distance selling Distance
Selling Consumer Protection Cancellation of Contracts away
from Business Regulations.
Prices
Goods and services, together with VAT, are
invoiced at the price prevailing at time of order. Joaxcom
reserves the right to modify the prices from time to time.
Delivery, Title and Risk
Any time or
date stated for delivery is an estimate only. Joaxcom makes
every effort to despatch goods on time, but does not accept
liability for failure to deliver within the stated time. If Joaxcom
is unable to deliver the goods within 30 days of the
date of the order, the Customer will be entitled to cancel the
order and require any monies paid to Joaxcom in respect of
that order to be refunded.
Joaxcom does
not accept liability for shortages or damage to deliveries unless
the Customer notifies Joaxcom of the shortage or damage in
writing within 7 days of receipt of the delivery.
The Customer has to accept the
goods when they are ready for delivery.
Delivery is deemed to take place
when the goods are delivered to the Customers nominated
address, whereupon the risks of loss, breakage and all damage
shall pass to the Customer.
Title in the goods does not pass
to the Customer until payment is received in full by Joaxcom.
If the Customer cannot accept delivery, Joaxcom may at
its option:
a)store and insure the goods at the Customers expense and
risk or
b) sell the goods and (after deducting reasonable storage insurance
and selling costs) pay to the Customer any excess over the
sale price or charge the Customer for any shortfall.
Payment and Credit Terms
(a.) Payment Shall be due immediately upon delivery or collection of goods supplied by the Company in the form of Bank Direct Debit or Bankers Draft or otherwise as agreed to by the Company.
(b.) The Company reserves the right to charge interest at the rate of 3 per cent per day on any sums outstanding from the due date referred to in sub clause (a) above until payment in full is received by the Company.
(c.) The Companys Credit terms are 30 days net from date of invoice. Any credit given by the Company may be terminated at any time without notice, and all outstanding payments will become immediately due to the Company on such date. No further goods will be shipped to accounts that are overdue and all support and repair warranty services withdrawn until the account is brought into order. Repeated failure to keep to the Companys credit terms will result in the permanent loss of credit facility.
Product specifications
Joaxcom
makes every effort to supply the goods as advertised but
reserves the right to vary actual dimensions, specifications
and quantities without prior notice. In the event that Joaxcom
cannot supply the goods ordered by the Customer, Joaxcom
reserves the right to offer goods of equal or superior
quality at no extra cost. If the Customer does not wish to
accept the alternative goods offered he or she may cancel the
order and require any money paid to Joaxcom in respect of
that order to be refunded.
Trade names and Trade Marks
Trade names and marks (other than Joaxcom)
are manufacturers.
Warranties, Returns and Returned goods subject to the right of consumers to return goods for
refund under The Consumer Protection (Distance Selling)
Regulations 2000
Joaxcom is
committed to providing our customers with the highest quality
products and service. However, on rare occasions, products may
be found to be faulty or defective, and in keeping with our
commitment to providing Customers with excellent service, we
offer the returns facilities set out below.
All goods supplied by Joaxcom
are warranted to be generally free from defects in workmanship
and materials and fit for the purpose for which such goods
would normally be used. If any product
are faulty they will be replaced by the manufacturer.
Joaxcom Manufacturer require goods
to be returned within 14 days or less in order to secure
refund. In such instances the manufacturers time limit will
apply and therefore Joaxcom will only accept a return within
14 days of purchase or the manufacturers time limit if it is
less than 14 days.
Joaxcom does not sell products on a trial basis.
Subject to this, however, goods are not tested or sold as
being fit for any particular application or for use under
specific conditions, unless expressly agreed
in writing. Customers are advised to check suitability and
specifications of products before ordering.
In the event that Joaxcom, at its discretion, agrees to
accept the return for credit of unwanted products, the goods
must be returned with Joaxcoms prior agreement within 14 days
of delivery. The goods must be unopened and in perfect
re-saleable condition. No product on which install and password have
been installed can be returned for credit.
All goods returned in these
circumstances will be subject to a handling fee of 15% of the
goods value or #20, whichever is the greater.
All returned gods are subject to testing in order to
verify any alleged fault, we will accept the return of
defective products for full refund or replacement, if,
but only if, the goods are returned within 14 days of
purchase.
The cost of returning the item will be refunded to you.
Authorised product returns must be sent to: Joaxcom, Örnbergsvägen 36 146 40 Tullinge
Joaxcom
offers a no charge collection, repair and delivery service
(In Sweden only) for hardware which is shown to
be faulty.
All returned goods must be
accompanied by Joaxcoms Returns Authorisation number
(RMA) which can be obtained by contacting Customer Support.
Returned goods will not be accepted
without an Joaxcom RMA number. The RMA number must be
clearly marked on the outer packaging, not on the goods.
Failure to follow these instructions may result in delay
and additional costs.
Joaxcom
cannot accept liability for packages damaged during
transit. It is the Customers responsibility to wrap the
product adequately to prevent damage.
Proof of
postage is not proof of delivery and you are therefore
strongly advised to send your package by recorded
delivery, registered post or courier, and to maintain
sufficient insurance to cover the value of the goods.
On receipt
of the returned product, we will test it to identify the
fault you have notified to us.
If
following the testing process, the product is found to be
in good working order without defect, we will return the
product to you, and the carriage costs of this return will
be your responsibility.
This
warranty shall not apply if the goods have been worked
upon, altered or damaged in any way by the Customer or its
employees or agents, or to goods not used in accordance
with the manufacturers instructions.
Unless
otherwise stated in the manufacturers documentation, all goods
delivered carry a 12-month manufacturers warranty.
Customers who wish to make a warranty
claim must comply with the manufacturers instructions and
warranty procedure. In order to expedite a resolution of your
problem, we may refer you to the product manufacturer who will
deal directly with the return. In these instances, we will
provide you with the contact information for the manufacturer.
Joaxcoms liability
Joaxcom
shall under no circumstances be liable for any consequential
or indirect damage or loss, however caused, including (but not
restricted to) loss of profits, loss of goodwill, damage to
trading relationships, and financial loss. Joaxcoms
liability in respect of all other losses shall be limited to
the invoiced value of the relevant order.
Nothing in this agreement shall
limit Joaxcoms liability for death or personal injury caused
by its negligence.
Health and Safety
Joaxcom confirms that the goods it supplies as a distributor
do not present a hazard to health and safety when properly
used for the purpose for which they are designed and when
the Customer takes reasonable and normal precautions in
their use.
Force Majeure
Where, in spite of its reasonable efforts,
Joaxcom is unable to perform an obligation due to force majeure,
it shall not be deemed to be in breach of its contract with
the Customer.
All goods sold by Joaxcom as
Non current catalogue requests or Specials are sourced and
sold subject to the following special rules that apply in
addition to the other terms and conditions contained herein.
i) Products are non-returnable unless Joaxcom have made an
error or the goods are faulty,
ii) quoted prices are valid for 14 days, and
iii) quoted prices are not subject to value, cash or volume
discounts.
The Consumer Protection (Distance Selling) Regulation
Contracts for
the purchase of goods by a Customer not acting in the course
of a business and made over the telephone or through the
Joaxcom website are, with the exception of certain excepted
contracts, subject to The Consumer Protection (Distance
Selling) Regulations 2000 (the Regulations).
If the Regulations apply,
Customers may cancel goods purchased from Joaxcom by sending
a notice of cancellation by post or hand delivery to Joaxcom, or by e-mail.
The notice of cancellation
must be delivered within 7 days of the date of delivery of the
goods.
The Customer will be responsible
for the cost of returning the goods. If the Customer does not
actually return the goods to Joaxcom, the Customer is under
accordance with the laws of
the Sweden and the parties submit to the exclusive jurisdiction
of the Swedish courts.
Joaxcom may at its discretion
record telephone calls for staff training and
quality control purposes. The tapes will be erased after
review.
Joaxcom reserves the right to
change or amend these terms and conditions at any time and
without prior notice.
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