Terms & Conditions
Terms and conditions
Please read all these terms and conditions (“Terms and Conditions”).
Once we accept an order made by you, after you have made payment for Goods, a legally enforceable agreement will be formed, subject to these Terms and Conditions. As such, we encourage you to please read these Terms and Conditions carefully before you make any payment to us. These Terms and Conditions tell you who we are, how we will provide any Goods to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
- These Terms and Conditions will apply to the purchase of the Goods by you (the Buyer or you). We are L. Jackson and Co Ltd, a company registered in England and Wales under number 07533695 whose registered office is at Rocket Site Misson, Bawtry, Doncaster, South Yorkshire, DN10 6ET (L. Jackson & Co. or us or we).
- These are the terms on which we sell our Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. You can only purchase Goods from us if you are eligible to enter into a contract and are at least 18 years old.
- In some areas you will have different rights under these Terms and Conditions depending on whether you are a Business or a Consumer. You are a Consumer if:
- you are an individual; and
- you are buying products from us wholly or mainly for your personal use (not for use in connection with a Business).
- To avoid any confusion provisions specific to Businesses only are in bold.
- If you are a Business these Terms and Conditions constitute the entire agreement between us in relation to your purchase of any Goods. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these Terms and Conditions and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms and Conditions.
Business means a commercial entity that is purchasing the Goods in order to resell them or use them in connection with a trade, craft or profession.
Business Day means a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.
Buyer means the person named in all documentation relating to the sale of Vehicles and PArts and to whom L. Jackson & Co.’s acceptance of the Order is addressed.
Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession.
Contract means the legally-binding agreement between you and us for the supply of the Goods construed in accordance with, and subject to, these Terms and Conditions.
Delivery Location means the location where you have requested the Goods are to be supplied, as set out in the Order.
Distance Contract means a contract concluded between a Business and a Consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the Business and the Consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the Contract is concluded.
Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored.
Ex Works means from L. Jackson & Co.’s premises. Ex Works applies to Goods available only at our premises. The Buyer is responsible for loading the Goods on truck or container at our premises and for the subsequent costs and risks unless otherwise agreed by us. Ex Works is an Inco term and has no bearing on any license requirements.
Goods means the Vehicles and other machinery and equipment advertised on the Website and via other mediums that we supply to you of the number and description as set out in the Order.
Order means the Buyer’s order for the Goods from L. Jackson & Co. as submitted following instructions from L. Jackson & Co.
Parts means any parts (including any instalments) sold by L. Jackson & Co. or used or supplied by L. Jackson & Co. in connection with the sale of any Goods including Vehicles, equipment or the supply of any Services.
Services means any aspect of the sales process.
Vehicle means any new or used heavy or light commercial vehicle, van or car or plant and machinery.
Website means our website https://ljacksonandco.com/ on which the Goods are advertised.
- The description of the Goods is as set out in the Website, catalogues, brochures or any other form of advertisement. Any description is for illustrative purposes only and may vary to the Goods supplied.
- All Goods which appear on the Website or otherwise are subject to availability and we reserve the right to make changes to the Goods available at any time.
- We can make beneficial changes to Goods you have ordered. This could be to comply with any applicable law, regulation or safety requirements, or to implement minor technical adjustments and improvements, for example to optimise the Goods, at a cost to be agreed between us.
- If the manufacturer or supplier discontinues the sale of any Goods or Parts of Goods or alters the specification of any Goods L. Jackson & Co. reserve the right (without any further liability on the part of L. Jackson & Co.) to deliver in satisfaction of any Contract any Goods conforming to the manufacturer’s or supplier’s specification prevailing at the time of delivery or fit another Part to the Good, or cancel this Contract and refund to the Buyer either any deposit or other payment paid by the Buyer.
- You acknowledge that no employee or agent of ours has any authority to make any representation about any Goods or Services, including any Vehicles or Parts, nor shall we be liable for any advice or recommendations given by our employees or agents to you as to the same unless confirmed in writing following placement of an Order.
- Any error or omission in any document or information issued by us or any other person shall be subject to correction without any liability on our part.
- Basis of Sale
- The description of the Goods on our Website or via e-mail or other communications between us does not constitute a contractual offer to sell the Goods. When an Order has been submitted to us, we can reject it for any reason, although we will try to tell you the reason without delay.
- You shall be responsible for the accuracy of the terms of any Order you submit (including the technical specification of any Goods).
- Once you submit an Order via e-mail and we accept that Order, we will send you a request for payment from us confirming the Order (Invoice). You must ensure that the Invoice is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. A Contract will be formed for the sale of Goods upon payment of the Invoice by you and not before.
- If we are unable to accept your Order, we will inform you of this as soon as possible. This may be because one or more of the Goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because the desired Delivery Location is in an embargoed country (see Clause 3), because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the Goods or because we are unable to meet a delivery deadline you have specified. If the Goods are not in stock or are otherwise unavailable we will send out an equivalent product, or, if this is not possible, we will cancel the Order, or amend the Order if you agree to such amendment or wait until the Goods are available again, if applicable.
- No variation of the Contract, whether regarding the description of the Goods, fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Buyer and L. Jackson & Co. in writing and authorised by a member of our senior staff.
- Price and Payment
- The price of the Goods and any additional delivery or other charges is that stated by us in writing at the date of the Order or such other price as we may agree in writing.
- Prices and charges exclude VAT at the rate applicable at the time of the Order which shall be charged in addition at the prevailing rate.
- We accept payment via BACS bank transfer. Payments via bank transfer shall be made in accordance with the instructions supplied to you in the Invoice and are payable immediately on demand.
- Our standard payment terms are 30% deposit with any Order, with the balance of the total price prior to shipment of the Goods to be submitted as cleared funds or on site of an agreed (in writing) Confirmed Irrevocable Letter of Credit Issued against a Major European Bank.
- Unless there is a written agreement for a fixed price I respect of any Good, the price shall be the Ex. Works price. If the manufacturer of a Vehicle or supplier of any Parts increase their prices we reserve the right to pass such increase onto you. The price for any Services shall be charged at our current hourly rate prevailing from time to time together with any additional charges for accommodation, motor expenses, air and shipping fees. All prices shall be payable together with value added tax if applicable and (where appropriate) delivery, transport and insurance charges.
- Any estimates given by us shall be provisional. We shall use all reasonable endeavours to obtain your authority for any substantial divergence from the estimate given.
- Any deposit paid is considered by us and accepted by you as being non-refundable without prior agreement or in accordance with statutory cancellation rights if you are a Consumer.
- Unless with prior agreement, balance payment in cash or cleared funds for the sale of Goods or the supply of Services shall be due prior to or on the collection/shipment of Goods purchased. Prompt payment of all sums due shall be of the essence of this Contract. All prices quoted are in British Pounds Sterling Ex. Works being exclusive of VAT where applicable and any shipping/associated costs. Goods advertised are subject to remaining unsold.
- If you fail to pay any sum due on the due date for payment we shall be entitled to charge you interest at the rate of 4% a year above Bank of England Base Rate from time to time until payment is made in full. Such interest shall be payable both before and after any legal judgment we may obtain against you.
- You must pay all amounts due to us under these Terms and Conditions in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
- In addition to our lien for repairs, we shall have a general lien on all Goods part-paid for by the Buyer in our possession pending payment of all sums due. After providing fourteen (14) days’ notice to you, we reserve the right to sell any Goods you have part-paid for as agent for and at the expense of the Buyer and apply all proceeds of sale towards payment of such sums owed to us.
- Export Licensing
- An export licence is needed before the export of controlled military goods, software and technology and items on the UK dual-use list from the United Kingdom to another country. These items are listed in Schedule 2 and 3 of the Export Control Order 2008, as amended.
- The End User undertaking must be completed and signed by the final recipient of the Goods or their representative.
- Under the UK Sanctions Act, arms embargoes consist of prohibitions on export, supply or delivery or military items, making available and transferring of military items and on the provision of technical assistance, financial services and funds as well as brokering services related to military items. Consequently, we generally cannot provide formal quotes or engage in any discussions relating to the delivery of Goods to embargoed countries. However, there are some limited exceptions to this, for example some Goods that will be used for humanitarian relief or peacekeeping and so if you think any exception may apply to you, we may (subject to you receiving the official approvals) be able to send Goods to such embargoed country.
- We will deliver the Goods to the Delivery Location by the time or within the agreed period or, failing that, without undue delay and after we inform you that the Goods are ready. Any dates quoted for delivery of the Goods are approximate only, and the time of delivery is not of the essence. We shall not be liable for any delay in delivery of the Goods that is caused by circumstances beyond are reasonable control (Clause 13) or if you have failed to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
- If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the Goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
- We shall ensure that each delivery of the Goods is accompanied by the necessary shipping documents including export license as are applicable to the sale.
- You may be required to pay import duties or other taxes, for which we are not responsible.
- You agree we may deliver the Goods in partial shipments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
- The Goods will become your responsibility from the completion of delivery or Buyer collection. Delivery of the Goods shall be completed at the arrival at the Delivery Location as stated on the bills of lading or delivery note.
- If you fail to accept or take delivery of the Goods within 10 Business Days of us notifying you that the Goods are ready, then except where such failure or delay is caused by an event beyond your reasonable control, or our failure to comply with our obligations under the Contract in respect of the Goods:
- delivery of the Goods shall be deemed to have been completed at 9.00 am on the 11th Business Day following the day on which we notified you that the Goods were ready; and
- we shall store the Goods until delivery takes place, and charge you for all related costs and expenses (including insurance).
- If 20 Business Days after we have notified you that the Goods were ready for delivery you have not accepted or taken delivery of them, we may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to you for any excess over the price of the Goods or charge you for any shortfall below the price of the Goods.
- Manufacturer Warranty
Where applicable or provided, each new Vehicle and any new Parts supplied by us under any Contract have the benefit of any manufacturer’s warranty or residual warranty.
- Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
- In the absence of any express agreement shipment, Ex Works shall take place when collected by you following our notification to you that your Goods vehicle are ready for collection or when the vehicle or equipment leaves our premises. The date for collection or shipment shall not be of the essence of this Contract unless agreed in writing. Risk shall pass to you on shipment or collection. Any time or date for completing the Services shall be an estimate only and we shall not be liable for any failure to complete the Services within such time or date.
- Claims for shortages or discrepancies or loss or damage of Parts in transit will not be accepted unless notified to us and (if appropriate) our carriers within 48 hours of receipt and confirmed in writing within 7 days of receipt. Packaging and damaged Parts shall be retained for inspection.
- Following receipt of the Goods, you must inspect the Goods including any Vehicles or Parts. Subject to any applicable statutory rights, unless you notify us within 48 hours of delivery of any defect or you will be deemed to have accepted it. After acceptance, you shall not be entitled to reject any Goods which are not in accordance with the Contract.
- Any Goods supplied by us shall remain our sole and absolute property until you have satisfied payment in full in accordance with Clause 4.
- You may not under any circumstances pledge or in any way charge as security for any indebtedness any Goods which remain our property.
- Cancellation and Returns for Consumers
Right to cancel
- Any Contract you enter into away from our premises is a Distance Contract. This means that if you are a Consumer, you can cancel the Order by telling us before the Contract is completed i.e. prior to delivery or within 14 days of delivery, if you simply wish to change your mind and without giving us a reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods. If you enter into the Contract in person, you have no statutory right to cancel.
- To exercise the right to cancel, you must inform us of your decision to cancel this Contract via e-mail. We will then communicate to you an acknowledgement of receipt of such cancellation in a Durable Medium (for example by email) without delay.
- To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. Except as set out In Clause 5, if you cancel this Contract in accordance with your statutory right to cancel, we will reimburse to you in respect of all payments received from you, excluding the costs of delivery and the cost of providing any Services which shall be deducted from your deposit prior to any reimbursement. The cost of returning the Goods shall be borne by you.
Effects of cancellation in the cancellation period
Deduction for Goods supplied
- We reserve the right to make a deduction from the reimbursement the loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (for example, handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods, for example, if it goes beyond the handling that may reasonably be permitted in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss. If we refund you the price paid before we are able to inspect any Goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
Timing of reimbursement
- We will make the reimbursement without undue delay, and not later than:
- 14 days after the day we receive back from you any Goods supplied, or
- (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
- We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
- If you have received Goods in connection with the Contract which you have cancelled in accordance with your statutory rights, you must send back the Goods no later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired.
- Businesses have no right to cancellation under these Terms and Conditions.
- If you are a Consumer, we have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
- Upon delivery, the Goods will:
- be of satisfactory quality;
- be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
- conform to their description.
- It is not a failure to conform if the failure has its origin in your treatment of the Goods following delivery.
- If you are a Business we warrant that, on delivery, any Goods which we provide to you shall:
- conform with their description; and
- be of satisfactory quality.
- Subject to Clause 6, PROVIDED THAT you give us notice in writing within a reasonable time of discovery that any Goods do not comply with the warranty set out in Clause 10.4; we are given a reasonable opportunity of examining the Good; and you return such Goods to us at our cost, we shall, at our option, repair or replace the defective Good, or refund the price of the defective Goods in full.
- We will not be liable for any Goods’ failure to comply with the warranty in Clause 4 if:
- you make any further use of such Goods after giving a notice in accordance with Clause 5;
- the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice;
- you alter the Goods without our written consent; or
- the defect arises as a result of fair wear and tear, willful damage, negligence, or abnormal working conditions.
- Except as provided in Clause 5, we shall have no liability to you in respect of any Goods’ failure to comply with the warranty set out in Clause 10.4.
- These Terms and Conditions shall apply equally to any replacement Goods supplied by us in accordance with Clause 5.
- We may end the Contract at any time by writing to you if you commit a breach of these Terms and Conditions as follows:
- you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
- where you are a Consumer, if you die or become bankrupt;
- where you are a Business, if you become insolvent or otherwise unable to pay your debts in accordance with s.123 of the Insolvency Act 1986, or a petition is presented for bankruptcy or an interim order; or you makes any arrangement with creditor, or you convene a meeting of creditors; or if a proposal is made for a voluntary arrangement or any scheme or arrangement for the benefit of creditors; or an administrator, receiver, or administrative receiver is appointed over any of its assets; or a petition is presented for an administration or winding up order;
- breach any term of this Contract and (if capable of remedy) you fail to remedy the breach within 7 days of receipt of a notice from us requiring you to do so; and/or
- you do not, within a reasonable time, allow us to deliver the Goods to you or collect them from us.
- If we end the Contract in the situations set out in Clause 1, we will refund any money you have paid in advance for Goods we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of you breaching the Contract.
- We may end the Contract at any time by writing to you if you commit a breach of these Terms and Conditions as follows:
- Successors and our sub-contractors
- We can transfer the benefit of these Terms and Conditions to someone else, however we will remain liable to the other for its obligations under these Terms and Conditions. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms and Conditions.
- You may only transfer your rights or your obligations under these Terms and Conditions to another person or entity if we agree to this in writing.
- No person who is not a party to these Terms and Conditions shall have any rights to enforce any of its provisions and these Terms and Conditions can be varied without any third party’s consent. Neither of us will need to get the agreement of any other person in order to end the Contract or make any changes to these Terms and Conditions.
- Circumstances beyond the control of either party
- In the event of any failure by a party because of something beyond its reasonable control:
- the party will advise the other party as soon as reasonably practicable; and
- the party’s obligations will be suspended so far as is reasonable, PROVIDED THAT that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Buyer’s above rights relating to delivery and any right to cancel.
- Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
- For the purposes of these Terms and Conditions:
- ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
- ‘GDPR’ means the General Data Protection Regulation (EU) 2016/679.
- ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
- We are a Data Controller of the Personal Data we Process in providing Goods to you.
- Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
- before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
- we will only Process Personal Data for the purposes identified;
- we will respect your rights in relation to your Personal Data; and
- we will implement technical and organisational measures to ensure your Personal Data is secure.
- For any enquiries or complaints regarding data privacy, please contact us via e-mail.
- Intellectual Property
- We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
- “L. Jackson & Co.“ is an unregistered trade mark which is legal protected by the torts of ‘passing-off’ and ‘unfair competition’. No rights are granted to Buyers or any third-parties to reproduce or use our trade mark for any purpose without prior written approval.
- Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.
- You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors and/or our prior written agreement.
- Should you leave a testimonial or review of our Goods, you agree to us publishing your comments on our Website or in any other media format or platform that we choose.
- Reliance on our Website
- The content on our Website is provided for general information only and is not intended to amount to advice on which you should rely.
- Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.
- Prohibited use
- You may not use the Website for any of the following purposes:
- In the event of any failure by a party because of something beyond its reasonable control:
- in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website;
- in any unlawful or fraudulent manner;
- to transmit, or to procure the transmission of any unsolicited marketing materials to us;
- in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
- to knowingly introduce viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
- to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website; or
- making, transmitting or storing electronic copies of content protected by copyright without the permission of the owner.
- Links to other websites
- This Website may contain links to other sites. Unless expressly stated, these sites are not under our control.
- We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
- The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
- Linking to our Website
- You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
- However, you must not:
- establish a link in such a way as to suggest any form of association, approval or endorsement by L. Jackson & Co., unless otherwise approved by us;
- establish a link to our Website in any website that you do not own;
- frame our Website on any other site, nor may you create a link to any part of our Website other than the home page; or
- link from any website that contains fraudulent, false, misleading or deceptive information; or defamatory, libelous, obscene, pornographic, vulgar or offensive content; or promotes discrimination, racism, hatred, harassment or harm toward any third-party; or promotes violence or actions that are threatening to any third-party; or promotes illegal or harmful activities.
- If you contravene this clause, we reserve the right to withdraw linking permission without notice.
- If you are a Business you may become privy to our sensitive commercial information including commercial pricing (“Confidential Information”) in order for us to perform our obligations under these Terms and Conditions.
- You shall hold our Confidential Information in confidence and shall not make our Confidential Information available to any third party, or use our Confidential Information for any purpose other than the implementation of these Terms and Conditions unless you are required to disclose it by law, by any court of competent jurisdiction or by any regulatory or administrative body.
- Our Confidential Information shall not be deemed to include information that:
- is or becomes publicly known other than through any breach of these Terms and Conditions by you;
- was in your lawful possession before the disclosure;
- is lawfully disclosed to you by a third-party without restriction on disclosure; or
- is independently developed by you.
- Limitation of liability
- This Website and the materials and products on it are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.
- Buyers of Vehicles for use within the United Kingdom accept that Vehicles are unregistered, untested and require inspection prior to registration and use on national roads. Vehicles purchased must be considered as being unsuitable for use on national roads until such inspection and testing (e.g. MOT) is undertaken.
- If you are a Consumer, we limit our liability as follows:
- If we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the Order process.
- Subject to Clause 3.3 below, we shall not be liable in contract or tort (including negligence and breach of statutory duty howsoever arising), misrepresentation (whether innocent or negligent) or otherwise for any loss or damage of whatsoever kind howsoever arising suffered in connection with your use of this Website or the purchase of any Goods, including but not limited to: indirect and consequential losses, any economic loss, loss of revenue, loss of or damage to reputation, loss of goodwill or data or for any punitive damages, penalties, interest or costs, (including legal and professional costs and expenses) suffered in connection with the supply of the Goods. Our total liability to you for all other losses arising under or in connection with any Contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for any Goods under the Contract.
- We do not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of our other legal obligations. Subject to this, we are not liable for loss (for example loss of profit) to the Buyer’s business, trade, craft or profession which would not be suffered by a Consumer because we believe the Buyer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
- If you are a Business, we limit our liability as follows:
- Except to the extent expressly stated in Clause 4.3, all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
- Subject to Clause 4.3, we shall not be liable in contract or tort (including negligence and breach of statutory duty howsoever arising), misrepresentation (whether innocent or negligent) or otherwise for any loss or damage of whatsoever kind howsoever arising suffered in connection with your use of this Website or the purchase of any Goods, including but not limited to: indirect and consequential losses, any economic loss, loss of revenue, business, profits or business opportunities, anticipated savings or profits, loss of or damage to reputation, loss of goodwill or data or for any punitive damages, penalties, interest or costs, (including legal and professional costs and expenses) suffered in connection with the supply of the Goods. Our total liability to you for all other losses arising under or in connection with any Contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for any Goods under the Contract.
- We do not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of our other legal obligations including breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or defective products under the Consumer Protection Act 1987.
- These Terms and Conditions shall apply to all Orders for the supply of Goods and Services from L. Jackson & Co. to the exclusion of all other terms and conditions including any conditions which any Buyer may purport to apply under any purchase order or similar documents of any kind.
- Any failure by L. Jackson & Co. to exercise any of its rights shall not be a waiver of L. Jackson & Co.’s rights. If any of the provisions in this Contract are found to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions shall not be affected.
- The Contract (including any non-contractual matters) is governed by the law of England and Wales.
- Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Buyer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
- We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs, Buyers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days.