Terms & Conditions

1.In these conditions

(a) "The Seller" means FJ Banks and Son

(b) "The Customer" means the person, firm or company to whom the Seller supplies or agrees to supply any of the Seller's products and any other goods supplied by the Seller in its normal course of business (hereinafter called "the Goods").

(c) "The Recipient" means the person, firm, company, corporation or public authority to whom the goods are delivered upon the Customer's instructions when it is not the Customer.

2.(a) Unless specifically agreed in writing these conditions are incorporated into the contract for the supply of goods and any other conditions or terms (except statutory conditions or terms) are hereby excluded. These conditions do not affect the statutory rights of a person dealing as a consumer as defined by the Unfair Contract Terms Act 1977 or any statutory modification of that Act.

(b) The contract comes into being when the Customer places an order giving details of the Customer's requirements and the Seller has accepted the Customer's order.

3.Whilst the Seller will deliver all goods ordered by the Customer as soon as practicable any dates for delivery quoted by the Seller are for the guidance of the Customer only and do not form part of these Conditions. The Seller is not liable to the Customer for any damages due to the delay in delivery or non-delivery of any goods ordered by the Customer or in respect of any damage or consequential loss of any nature suffered by the Customer in respect of such failure to deliver or from delay in delivery.

4.If any goods delivered by the Seller prove to be defective the liability of the Seller shall (so far as is prevented by law) be limited to replacing the defective goods or refunding the money to the Customer for the said goods and the Seller shall not be liable for any economic or consequential loss suffered by the Customer in respect of such defect.

5.Force Majeure. The Seller shall have no liability to the Customer or Recipient for any failure to deliver goods ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any of the following events or circumstances beyond its reasonable control - Acts of God, Fire, Flood, War, Riot, Civil Commotion and Legislation.

6.The Seller must receive payment for the whole of the price of the goods ordered by the Customer, and any applicable charges for carriage and insurance, before the order can be accepted unless the Seller has agreed otherwise in writing. All goods supplied by the Seller shall remain the property of the Seller until payment for the goods has been made in full by the Customer. If prior to payment to the Seller of the full price of the goods the Customer shall sell the goods in the normal course of business then the Customer shall hold the sale proceeds (or sufficient of such sale proceeds to pay all monies owing to the Seller in respect of the goods) upon trust for the Seller. For the purpose of this clause all monies payable by the Customer to the Seller in respect of the packing, carriage or insurance of the Goods shall be deemed to be part of the purchase price.

7.Dispatch of the goods will be notified to the Customer by the Seller by separate written correspondence. If within 7 days of dispatch of the goods they have not been delivered to the Customer or to the Recipient where this applies then the Customer must within 21 days of the date of dispatch give written notice to the Seller of such non-delivery. The Customer or the Recipient on behalf of the Customer will receive and unload the goods and check them for quality and condition in the presence of the carrier. If there is a shortage or if any of the goods are in an unsatisfactory condition the Customer or the Recipient must so endorse the carrier's delivery document and must give a separate written notice of this to the Seller within 3 days of delivery. In the case of damage the packing will be retained by the Customer for inspection by the Seller or on its behalf. If this condition is not observed risk in the goods shall be deemed to have been with the Customer from the date of dispatch of the goods and no claim in respect of shortage or of unsatisfactory condition of the goods will be entertained by the Seller. All products are sold subject to availability.

8.Accuracy of Information

The nature of internet communications means that the Customer's communications may be susceptible to data corruption, interception and delays. This web site may include inaccuracies or typographical errors. The Seller and any other persons involved in the management of this web site may make changes in the products and prices described in this web site and to the content of this web site, at any time without notice. The Seller shall not be responsible for any detrimental reliance you place on this web site or its contents. Use of this web site and any information therein is entirely at your own risk. Any manuals and safety instructions provided with the goods should be read and followed carefully at all times. Any information or advice given on this site is meant for guidance purposes only and it is the responsibility of those accessing the site to determine whether such information or advice applies to a particular situation. The information and advice should not be relied upon as statements or representations of facts. No warranty is given as the accuracy of any information given. Quantities and measurements are approximate.

9.Design and Reproduction.

Drawings, photographs, layout and style are considered property. Reproduction in whole, or in part is strictly prohibited without written permission. Patent and Trademark rights apply. All product names, whether or not appearing with a trademark symbol, are trademarks of FJ Banks and Son or its licensors. The use or misuse of these trademarks or any other materials, except as permitted herein, is expressly prohibited. The Seller will enforce its intellectual property rights to the fullest extent of the law.

10.Communications with the Seller.

Comments, feedback, notes, messages, ideas, suggestions or other communications transmitted to the Seller will be treated as non confidential and nonproprietary. The Seller shall be free to reproduce, use, disclose, and distribute these communications to third parties without restriction. The Seller shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing, and marketing products incorporating such information. Furthermore, those making the communication will take all responsibility for the content of the communication and warrant that it does not violate any law or regulation or the intellectual property rights of third parties and furthermore agree that the Seller may copy all or part of the communication in any response it makes.

11.The Contract for the supply of the goods to the Customer shall be interpreted in accordance with English law which shall for all purposes be deemed to be the proper law of the Contract.

12.Any failure by the Seller to enforce any or all of these Conditions shall not amount to or be interpreted as a waiver of any of the Seller's rights.

13.If any term in these Conditions is held invalid, it shall not affect the validity of the remaining Conditions.

For and on behalf of FJ Banks and Son.

The design and content of this website are subject to Copyright. FJ Banks and Son Feb 2003