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Terms and Conditions of Sale
Our Terms and Conditions of Sale are detailed below. If you have any questions, or require any further clarification on any of our Terms and Conditions, you can contact us via the below:
John Skinner (Manufacturing) Ltd, Unit 8, Manchester Park, Tewkesbury Road, Cheltenham, Gloucestershire, GL52 2JD.
Email: sales@john-skinner.co.uk
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1. Definitions
Where the following words are used, this is what they mean:
Business Day(s) – a week day (excluding Saturday, Sunday or UK public holiday).
Company – John Skinner (Manufacturing) Limited of Unit 8, Manchester Park, Tewkesbury Road, Cheltenham, GL52 2JD, UK.
Contract – the contract between you and us to supply Goods and Services in accordance with these Terms.
Goods – the items we are selling to you as set out in the Order.
Purchase Invoice – the legal document for your proof of purchase from us. We retain Purchase Invoice details on file for 7 years as required by law. A Purchase Invoice supersedes any Sales Order or Quotation documentation you have received from us.
Quotation – tenders, valid for 30 days from the date appearing on the Quotation.
Sales Order – your order of Goods and Services from us, whether made verbally or in writing. This will be superseded by the Purchase Invoice on final balance payment.
Terms – the terms and conditions as given in this document.
We / our / us – refers to John Skinner (Manufacturing) Limited.
Website – means John Skinner (Manufacturing) Limited’s website, located at www.john-skinner.co.uk
Writing / written – includes email correspondence.
You / Your – refers to the person / party purchasing the Goods or Services from us.
2. Our Contract with You
2.1. All our Quotations and all Sales Orders accepted by us are subject to these Terms of business.
2.2. In these Terms all orders are termed Contracts. No Contracts are entered into us except upon these Terms. We shall not be bound by any terms which are inconsistent with these Terms.
2.3. No variation of these Terms or addition thereto shall be effective unless in writing duly signed on our behalf.
2.4. All drawings, photographs, illustrations, advertisements, particulars and descriptive matter supplied by us are intended to present a general idea of the goods described therein but are not binding and are subject to change or variation from time to time.
2.5. Quotations are limited to the goods specified therein and are subject to availability of the goods at the time when the order is placed. Unless otherwise specified, a Quotation at a fixed price will be subject to withdrawal if any order is not placed within 30 days from the date appearing on the Quotation. The price of the Quotation is valid for 30 days from the date appearing on the Quotation.
2.6. It is Your responsibility to ensure that the correct parts are ordered. John Skinner (Manufacturing) Limited, can not be held responsible for parts incorrectly ordered.
2.7. Any Sales Order placed by You shall constitute a representation that You have complied with every applicable statute, order, regulation, direction or bye-law and all other lawful requirements of any government or duly constituted authority and that, in particular, You have lawfully obtained every necessary licence, permit or consent which may be required in connection with the performance of the Contract.
2.8. For the avoidance of doubt, John Skinner (Manufacturing) Ltd is not authorised or approved by, or associated or affiliated with Jaguar, Triumph, Austin Healey nor MG. John Skinner (Manufacturing) Ltd manufactures upholstery and trim parts – these are not genuine original parts but parts made in our trimshop on a made to order basis.
2.9. These Terms and all Contracts relating to them shall in all respects be construed and governed by English Law and the parties hereby submit to the jurisdiction of the English Courts.
3. Prices
3.1. The Company reserves the right to amend its prices at any time.
3.2. Prices exclude VAT (tax) and shipping / handling costs.
3.3. VAT (tax) will be charged at the rate ruling at the date of invoice.
3.4. If You are a UK based company and you are purchasing Goods from us through Your business, VAT will be charged as normal for UK based sales. It is Your responsibility to adhere to UK governing laws if you are claiming VAT back from HMRC.
3.5. If you are an EU (European Union) based company based outside of the UK and you are purchasing Goods from us through Your business and Your business is directly related to the classic car industry or Your business owns the classic car related to Your Sales Order, if you provide us with a valid VAT number for the aforementioned business then VAT will be deducted from Your Sales Order in adherence with the EU single market trade agreement.
3.6. Non EU based customers who collect Goods from us and plan to take the Goods to a destination outside the EU are entitled to a VAT refund. We will charge VAT at the point of sale and this can be claimed back using a VAT407 form which we can provide on collection of the Goods. You are responsible for getting the form approved and stamped by the relevant authorities at the destination location and posting back the stamped form to our business address. On receipt of the authorised form, we will refund the VAT charges. The VAT will be refunded minus any charges incurred by payment processing agents.
4. Lead Times
4.1. We make the majority of our items to order and generally do not hold stock of any items.
4.2. We will advise you of our current lead times at the time of placing Your Order with us.
4.3. We do not guarantee our lead times and all lead times quoted are subject to:
4.3.1. all raw materials being available at the time of placing Your Order;
4.3.2. production capacity in our workshop at the time of placing Your Order.
4.4. Lead times quoted on our website are an approximation and are given as a guideline only.
4.5. Lead times are quoted based on Business Days.
4.6. Orders placed for non-original colour specifications are subject to longer than average lead times.
5. Payment
5.1. Payment must be made with Your Sales Order unless You have an authorised credit account.
5.2. Payment of Purchase Invoices of approved credit customers shall be due 30 days from the date of invoice unless terms are stated on the invoice. If payment is delayed, the Company reserves the right to charge interest at the rate of 2.5% per month or part of. The Company reserves the right to employ solicitors and / or debt collectors in order to recover the debt. You will be liable for all charges incurred by the Company in recovering the debt.
5.3. Any Sales Order under £1000 requires full payment at the time of placing the Sales Order.
5.4. Any Sales Order over £1000 requires a minimum 40% deposit. The deposit amount will be confirmed at the time of placing the Sales Order with our sales team. The balance is due upon completion, to be paid prior to shipping. We will contact you to arrange the final balance payment.
5.5. John Skinner (Manufacturing) Limited reserves the right to retain Goods until the payment / outstanding balance has been received in full.
5.6. John Skinner (Manufacturing) Limited accepts payment via credit/debit card, bank transfer, cheque and Paypal.
5.7. Payment by Paypal will incur a surcharge of 3.5%.
5.8. All payments to John Skinner (Manufacturing) Limited are to be in British Pounds Sterling (GBP). Overseas transactions from another currency are subject to conversion and exchange rates and charges as determined by Your bank / card company. Any additional charges incurred in overseas transactions are outside of our control.
5.9. Goods ordered for delivery outside of the UK may be subject to local import duties and taxes. You are responsible to pay the import duties and tax charges as governed by the laws of the country to which the Goods are destined. We have no control over these charges. We will not be held liable or responsible if you do not adhere to the laws regarding import duty and taxes.
5.9.1. Refusing to pay any charges will result in the Goods being returned to us. In this event, all related shipment charges (including in-bound and the initial outbound charges) is payable by You. A 25% restocking charge will be applied on this order, and the remaining balance will be refunded via the original payment method used for the associated Sales Order minus any charges incurred by payment processing agents.
6. Shipping
6.1. Cost of shipping is calculated based on weight of order and delivery destination. You will be informed of the total shipping costs at the time of placing Your Sales Order.
6.2. For full details about shipping and delivery, please read our Shipping & Delivery guide.
7. Title, Risk and Delivery of Goods
7.1. Once your Goods are ready to be despatched, we will contact you via email with your Purchase Invoice that will detail the Goods included within the shipment. Once payment is received in full, we will ship the Goods.
7.2. We shall deliver the Goods to the address as specified by You at the time of placing the Sales Order.
7.3. You are responsible for providing the necessary facilities and means of unloading the Goods delivered.
7.4. Despatch and delivery completion times are approximate only, and the time of delivery is not of the essence. We are not liable for any delays in delivery caused by Events Outside of Our Control.
7.4.1. Events Outside of Our Control are events beyond our reasonable control including but not limited to, war, civil war, strikes, lockouts, trade disputes, fire, earthquake, statutes or regulations issued by any duly constituted authority or other contingencies beyond our control.
7.5. We are not liable for any delays in delivery caused by Your failure to provide us with adequate delivery instructions.
7.6. If You agree to collect the Goods we will notify you when your Goods are ready for collection and will arrange a collection pick up time.
7.7. Before you sign for the Goods, check the delivery box for visible signs of damage. If the box is damaged, open and check contents for signs of damage. Take photographs to record the damage. Sign as damaged or refuse delivery and state your reasons for doing so to the courier. Failure to sign as damaged or failure to refuse the delivery for reasons of damage will invalidate any insurance or warranty. Contact us within 3 days to inform us that you signed as damaged / refused delivery.
7.8. Once you take delivery or collection of the Goods, the Goods shall thereupon be deemed to be delivered and responsibility of the Goods passes to you. You own the Goods once we have received payment in full.
7.9. Upon receipt of delivery, check all Goods received against the Purchase Invoice. Inform us of any missing Goods within 28 days in order to keep within our 12 month’s manufacturer’s warranty period (see Clause 5.2 for more details).
7.10. We shall be relieved of any obligations incurred under a Contract and are not liable for any losses, costs, damages or expenses incurred by You as a result of any circumstances outside of our reasonable control or Events Outside of Our Control.
For business / trade customers only:
7.11. Risk in the Goods will pass to you upon completion of delivery, but title to the Goods remains with John Skinner (Manufacturing) Ltd until full payment has been received.
8. Warranty
8.1. Upon delivery, the Goods are under a 12 months manufacturer’s warranty which covers workmanship and materials.
8.2. Unpack and check all Goods and contact us to report any manufacturing faults within 28 days of receipt of delivery. (Do this even if you are not starting your interior restoration for some time to ensure that all faults are reported to us within the 12 month manufacturer’s warranty period). Return all Goods to their original packaging after checking and ensure that no Goods are stored under pressure that could cause creasing or damage over time.
8.3. The manufacturer’s warranty does not apply to any defect in the Goods arising from:
8.3.1. fair wear and tear;
8.3.2. purposeful damage, misadventure, abnormal storage, accident or negligence by You or a third party;
8.3.3. any alteration, tampering, modifications or repair made by You or a third party;
8.3.4. incorrect fitting or installation;
8.3.5. failure to follow our instructions and recommendations for fitting, maintenance, care, use and storage.
8.4. The liability of John Skinner (Manufacturing) Limited is limited to the final value fee of the Contract.
9. Returns
Returns on Goods that are faulty under the manufacturer’s warranty
9.1. If you contact us to inform us that the Goods you received are not compliant with our manufacturer’s warranty, and You are still within Your warranty period, we will (at our discretion) repair or replace the faulty Goods. Before we issue a refund:
9.1.1. You must return the Goods to us, or provide detailed photographic evidence of the faults if the Goods are unable to be returned.
9.1.2. We must have adequate time to inspect the fault/s and decide on the most appropriate course of action.
9.1.3. If You are sending the Goods back to us, we are not liable for any Goods damaged or lost in transit. We recommend You use a recorded-delivery service when returning Goods to us.
9.2. No Goods may be returned without our authority that we will accept the return.
9.3. If you contact us to inform us that the Goods you received are not compliant with our manufacturer’s warranty, but You are outside of Your warranty period, we will (at our discretion) repair or replace the insufficient Goods. The repair or replacement will be subject to additional charges. (See Clause 5.2.).
Returns on non-faulty Goods
9.4. Our products are manufactured on a made-to-order basis and for this reason, all sales are considered final. It is Your responsibility to ensure all items are ordered correctly (see Clause 2.6.).
9.5. Refunds on non-faulty Goods are given at the discretion of the Company. Goods accepted for refund are subject to a minimum 20% restocking and handling charge. The Company can not refund any items that have been damaged, cut or glued by You or a third party. Goods accepted for refund must be received by the Company in a re-saleable condition. Under no circumstances will bespoke, special order or non-original Goods be accepted for refund unless defective or incorrectly manufactured items were supplied. The cost of returning non-faulty Goods to the Company is at Your expense. Before we issue a refund:
9.5.1. You must return the Goods within 28 days from the date you inform us that you are returning the Goods.
9.5.2. We must have adequate time to inspect the Goods upon receipt to check that the Goods have not been returned with any faults.
10. Cancellations
Your cancellation rights
10.1. Sales Orders that have not commenced manufacture can be cancelled and any payments refunded minus any charges incurred by payment processing agents.
10.2. Sales Orders that have commenced manufacture can only be cancelled at our sole discretion.
Our cancellation rights
10.3. We reserve the right to cancel a Sales Order at any time. In this case, we will contact you immediately and we will arrange a refund of any payments already made to us in relation to the Sales Order.
10.4. Without affecting any of our other rights, we may immediately terminate a Contract and demand payment of any amount due or accruing to us whether under the Contract or otherwise, re-sell the Goods and/or withhold or cancel any deliveries of Goods if any of the following occurs or is likely to occur:
10.4.1. You do not pay us as set out in our Terms; or
10.4.2. You are in breach of Contract and do not resolve the breach within 7 Business Days after being contacted by us to do so; or
10.4.3. You are, or become, bankrupt; or
10.4.4. Your financial obligations to fulfill the Contract are at risk; or
10.4.5. there is an Event Outside of Our Control
11. Changes to a Sales Order and Breach of Contract
11.1. If You propose any changes to a Sales Order after the Contract has been accepted, or You are in breach of any term of the Contract, we shall have the right, inter alia, to charge You (in addition to the Contract price), the whole of the expenses arising from such proposal or breach, including in particular, all extra drawings, surveys, materials, components, accessories, waiting time, together with establishment charges and profit allowances at the rate included in our original price.
12. Copyright and Intellectual Property
12.1. John Skinner (Manufacturing) Ltd photographs, drawings, images, documents, files (in both printed and digital format) and logos remain the copyright and intellectual property of John Skinner (Manufacturing) Ltd.
12.1.1. Photographs, drawings, images, documents, files and logos belonging to John Skinner (Manufacturing) Ltd must not be reproduced, copied, modified, used, distributed or used to create other material without the permission of John Skinner (Manufacturing) Ltd. Failure to seek permission from John Skinner (Manufacturing) Ltd may infringe copyright laws.
12.2. John Skinner (Manufacturing) Ltd reserves the right to use any photographs submitted to us by our customers for website, external marketing, social media or trimming / fitment advisory guides.
12.2..1. If You do not agree to your images being used for the above purposes as outlined in Clause 11.2 you must inform us in writing.
12.2..2. If You agree to your images being used for the above purposes as outlined in Clause 11.2 provided there is a credit link back to the photographer / originator of the image/s, you must inform us in writing.
13. Colour and Batch Variation
13.1. All materials that we use in our production are subject to colour variations that can occur between production runs of each material. Although minimal in most cases, to help avoid this, we always recommend purchasing similar material interior trim items at the same time so that they are made from the same batch in our workshop. Follow up orders can not be guaranteed to be manufactured from the same batch and could vary in shade, grain and appearance.
13.2. Material samples are taken from offcuts of production materials in our workshop and will not be taken from the same batch each time. Therefore, we can not guarantee an exact colour match between the samples You receive prior to placing Your Sales Order and Your finished Goods.
13.3. There is often not a perfect colour match between different materials; and it is common practice to accept a shade difference between materials.
13.4. The company reserves the right to supply the customer with the best colour match obtainable.
13.5. All pile carpets are liable to shading and You are advised to take this into account when choosing the carpet and placing Your Sales Order with us. We will not accept any claims with respect to shading.
13.6. John Skinner (Manufacturing) Ltd offers a free worldwide sample service. We strongly recommend that you order colour samples from us before confirming Your Sales Order. We reserve the right to refuse to start manufacture of the goods until we have sent colour samples for Your approval.
14. Originality
14.1. The cars that we supply interior trim for are well documented to have come from inconsistent factory production lines and were handbuilt with less advanced production methods than we know today. As a result, the cars can exhibit differences from model to model despite originating from the same production line. With these cars now 50+ years old, they will have also experienced changes over their lifespan not limited to accidents, body work, ageing and un-documented owner modification resulting in further discrepancies to originality. For these reasons:
14.1.1. We do not guarantee 100% perfect fit on our products. However, over the course of our 40 year history, we have developed very accurate patterns based on expertise and have established a world renowned reputation for quality and fit.
14.1.2. You must inform us of any known discrepancies to originality before placing Your Sales Order with us.
14.1.3. We will work with you to advise on fitment post sales.
14.1.4. In the event of a discrepancy, we reserve the right to stand by our tried and tested patterns.
14.1.5. our 12 month manufacturer’s warranty is not valid on Goods that have been modified or cut into without speaking to us first for fitting and trimming advice.
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