{"id":691,"date":"2022-04-05T10:16:06","date_gmt":"2022-04-05T09:16:06","guid":{"rendered":"https:\/\/gojuteinternational.com\/?page_id=691"},"modified":"2024-01-08T17:35:46","modified_gmt":"2024-01-08T16:35:46","slug":"terms-conditions","status":"publish","type":"page","link":"https:\/\/gojuteinternational.com\/en\/about-gojute\/terms-conditions","title":{"rendered":"Terms &#038; Conditions"},"content":{"rendered":"<h2>Terms &#038; Conditions<\/h2>\n<h2><strong>1. Agreement<\/strong><\/h2>\n<p>1.1 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 These terms and conditions form the basis of the legal agreement (\u201dsupply agreement\u201d) under which we, Go Jute Limited (Company Number\u00a06028997) and its subsidiary South Westerly Windbreaks, (herein jointly referred to as \u201cthe Company\u201d) will supply to you goods and items (\u201dgoods\u201d) which you, the customer, have ordered from the Company and it has agreed to supply to you.<\/p>\n<p>1.2 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Each order will constitute a separate supply agreement between both parties.<\/p>\n<p>1.3 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 A supply agreement is made only upon these terms and conditions. No additional or alternative terms and conditions will apply to a supply\u00a0agreement unless agreed in writing between the Company, or its authorised representatives, and you.<\/p>\n<p>1.4 \u00a0 \u00a0 \u00a0 \u00a0 GoJute\u00a0will be entitled to cancel a supply agreement at any time if you have exceeded or will (as a result of the supply agreement in question or otherwise) exceed your authorised credit limit with it, or if any invoices rendered to you for goods previously supplied are overdue.<\/p>\n<h2><strong>2. Specification of goods<\/strong><\/h2>\n<p>2.1 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 All descriptions and other details provided in relation to goods are subject to confirmation by the Company and may be changed without notice. All sizes\u00a0are approximate sizes and are given as a general guidance only. Colours, shades, materials and sizes of goods may vary from those illustrated.<\/p>\n<p>2.2 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 All goods are subject to availability. The Company\u00a0may cancel a supply agreement, or offer suitable alternative items, if goods ordered are out of stock or no\u00a0longer available.<\/p>\n<p>2.3 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The Company will rely upon your orders being correct in entering into a supply agreement and reserve the right to refuse to take back goods which are\u00a0ordered in error or are no longer required. Any such goods returned to the Company by agreement must be returned within seven working days of\u00a0agreement, undamaged, unmarked and unused. You are to pay the Company a handling charge equivalent to 10% of the invoice value or \u00a325 (whichever is the\u00a0greater) of the returned goods, plus VAT.<\/p>\n<p>2.4 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Bespoke goods are non-returnable.<\/p>\n<p>2.5 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The Company will take all reasonable steps to try to match colours, clarity and haze specifications but this cannot be guaranteed and the contract shall be\u00a0deemed to have been performed by delivery of goods of the general shade, density or colour and general clarity and haze stipulated.<\/p>\n<p>2.6 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Whilst every effort will be made to maintain consistent standards, allowance must be made for some variation in shade from panel to panel\u00a0during a production run, as no two items react in identical fashion when printed or dyed.<\/p>\n<p>2.7 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 It is wholly your responsibility to ensure that the artwork is satisfactory before any goods are printed. The Company will give professional help in\u00a0advising you as to the suitability of the artwork, but accept no responsibility whatsoever for the appearance of the design once it has been printed\u00a0onto fabric.<\/p>\n<p>2.8 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 In the case of printed goods the Company will not accept liability or responsibility for any errors in proofs which have been passed by you.<\/p>\n<p>2.9 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 In no circumstances will the Company be liable for any consequential loss or damage no matter how arising. Liability in any case will be limited to the\u00a0invoice value of the goods in question.<\/p>\n<h2><strong>3. Prices and Payment<\/strong><\/h2>\n<p>3.1 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The price of the goods (\u201dthe contract price\u201d) shall be the price or prices specified by the Company in any relevant quotation tender or estimate or (if there\u00a0is no such quotation tender or estimate) shall be the price or prices specified in our price list current at the date of order. \u00a0The Company reserves the right to\u00a0revise prices at any time without prior notice.<\/p>\n<p>3.2 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Unless the Company expressly states otherwise in writing, all prices are ex-works and are exclusive of carriage, postage, packaging, insurance, value added\u00a0tax and any levy or other tax which may be payable in respect of the goods. Carriage is charged at cost. \u00a0\u00a0The Company reserves the right to revise these charges\u00a0at any time.<\/p>\n<p>3.3 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 You are to pay the contract price plus carriage, postage and any other ex-works items specified in the invoice within the agreed terms.\u00a0Payment is to be made in full in pounds sterling in cash or cleared funds without deducting or setting-off any amounts which the Company may owe to you.<\/p>\n<p>3.4 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The Company will be entitled to charge you interest at 10% over the base rate from time to time of Barclays Bank Plc (or such other clearing bank as the Company may nominate to you in writing) on all amounts payable by you under a supply agreement which are not paid when due from the time when those\u00a0amounts first became payable up until the time when they are paid in full and whether that is before or after a court judgement.<\/p>\n<p>3.5 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Any payments received from you for goods supplied may be appropriated by the Company and applied towards discharging any amounts owed by\u00a0you in respect of any goods previously supplied where payment is overdue and if so applied will not be deemed to have been received for the\u00a0goods for which those amounts were tendered.<\/p>\n<p>3.6 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 If you pay by credit card the Company reserves the right to make an additional charge to cover any additional administrative expense which the Company may thereby\u00a0incur.<\/p>\n<p>3.7 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The Company shall grant the facility of a credit account on receiving two satisfactory trade references and bank references. \u00a0The Company will also consider\u00a0where appropriate from time to time, searching your records at Credit Reference Agencies.<\/p>\n<h2><strong>4. Delivery and\/or collection<\/strong><\/h2>\n<p>4.1 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Delivery of goods will be deemed to have taken place:<\/p>\n<p>4.1.1 \u00a0\u00a0\u00a0\u00a0 Upon you collecting them from the Company\u2019s premises, which you must do within two working days after we notify you that the goods are ready for\u00a0collection (if the goods are able to be collected by you). Collection times are between 9am and 5pm on a working day.<\/p>\n<p>4.1.2 \u00a0\u00a0\u00a0\u00a0 Immediately upon the Company delivering the goods to any agreed or usual place for delivery (if we are to deliver the goods).<\/p>\n<p>4.1.3 \u00a0\u00a0\u00a0\u00a0 Immediately upon the Company posting them (if the Company is to deliver them by post). You must accept delivery of all goods which are in good condition.<\/p>\n<p>4.2.1 \u00a0\u00a0\u00a0\u00a0 If the Company is to deliver the goods to you (other than by post) within the mainland UK then it will arrange for delivery to be made to the agreed\u00a0or usual place of delivery. Delivery times are usually Monday to Friday 9am \u2013 5pm. The delivery address must be on the ground floor, be manned\u00a0during the agreed time of delivery for unloading\/receiving the goods and have no access or parking restrictions. For an additional charge delivery on a Saturday can be arranged, subject to availability.<\/p>\n<p>4.2.2\u00a0\u00a0\u00a0\u00a0\u00a0 If the Company is to deliver the goods to you by post then it will be free to choose the most appropriate courier.<\/p>\n<p>4.2.3 \u00a0\u00a0\u00a0\u00a0 If the Company is to deliver the goods to a non-mainland UK address then it will use one of its chosen couriers.<\/p>\n<p>4.3 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Unless otherwise agreed in writing, all delivery dates are estimated dates. Bags made in India are shipped by sea and are subject to shipping\u00a0conditions; where a delivery date is stated in the order form this is intended only as a guide. \u00a0The Company does not accept liability for any\u00a0consequential loss arising from non-delivery or delays in delivery of the goods. \u00a0The Company may deliver the goods to you in advance of any agreed or\u00a0estimated delivery dates.<\/p>\n<p>4.4 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 If you fail to take delivery of the goods or to give the Company sufficient instructions to enable delivery, then we may:-<\/p>\n<p>4.4.1 \u00a0\u00a0\u00a0\u00a0 Store the goods at your risk until actual delivery and charge you for additional costs which we may incur as a result of your failure or<\/p>\n<p>4.4.2 \u00a0\u00a0\u00a0\u00a0 Invoice you for the goods and upon not less than three working days notice to that effect.<\/p>\n<p>4.4.3\u00a0\u00a0\u00a0\u00a0\u00a0 Sell the goods at the best price reasonably obtainable.\u00a0If the Company does that then you are to pay the Company the amount of the invoice and the reasonable costs of storage and sale minus the proceeds of sale (which we may\u00a0use towards settlement of the invoice) or<\/p>\n<p>4.4.4 \u00a0\u00a0\u00a0\u00a0 Cancel the relevant supply agreement.<\/p>\n<p>4.5 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 If the wrong or damaged goods are delivered to you then you are to notify the Company within forty eight hours of delivery giving full details of the damaged\u00a0or incorrect goods. The Company will accept returns of such damaged or incorrect goods notified to it in writing within the relevant time period and will give\u00a0you the option of a refund or replacement goods. Refunds or replacements claimed outside of the relevant time period will be at the Company\u2019s discretion. \u00a0The Company will collect the damaged or incorrect goods from your premises.<\/p>\n<p>4.6 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 You are to notify the Company in writing of non-delivery of part of a consignment within five working days of the delivery of the remainder of that consignment\u00a0and of non-delivery of the whole of a consignment within five working days of the date upon which delivery was scheduled to take place. If you notify\u00a0the Company of non-delivery within the stated time limits then you will be given the option of a credit or a further delivery of the missing goods. If no notification is received from yourselves then the Company shall not be liable to you for non-delivery.<\/p>\n<p>4.7 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Buyers and their agents are responsible for giving the correct details and complete delivery address at the time of order.<\/p>\n<p>4.8 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The Company will not accept returned goods that have been processed, damaged, degraded or decorated in any way.<\/p>\n<h2><strong>5. Delayed Shipments<\/strong><\/h2>\n<p>The Company will make every reasonable effort to deliver the shipment according to its regular delivery schedules, but these are not\u00a0guaranteed and do not form part of the contract. The Company is not liable for any damages or loss caused by delays.<\/p>\n<h2><strong>6. Circumstances beyond the Company\u2019s control<\/strong><\/h2>\n<p>The Company is not liable for any loss or damage arising out of circumstances beyond its control. These include but are not limited to :-\u00a0\u201dActs of God\u201d \u2013 e.g. earthquake, cyclone, storm, flood, fog; \u201cForce Majeure\u201d \u2013 e.g. war, plane crash or embargo; any defect or characteristic related to the\u00a0nature of the shipment, even if known to the Company; riot or civil commotion; any act or omission by a person not employed or contracted by the Company, e.g. Shipper, Receiver, third party, customs or other government official; industrial action; and electrical or magnetic damage to, or erasure of,\u00a0electronic or photographic images, data or recordings.<\/p>\n<h2><strong>7. Warsaw Convention<\/strong><\/h2>\n<p>If the shipment is transported by air and involves an ultimate destination or stop in a country other than the country of departure, the Warsaw\u00a0Convention, if applicable, governs and in most cases limits Go Jute\u2019s liability for loss or damage.<\/p>\n<h2><strong>9. Risk property and insurance<\/strong><\/h2>\n<p>9.1 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 All risk in the goods (including their loss or destruction) will pass to you:-<\/p>\n<p>9.1.1 \u00a0\u00a0\u00a0\u00a0 Immediately upon the date when delivery takes place (or would have taken place but for your act or default)<\/p>\n<p>9.1.2 \u00a0\u00a0\u00a0\u00a0 Immediately upon the goods leaving our premises (if the Company is to deliver them to a third party at your request)<\/p>\n<p>9.1.3 \u00a0\u00a0 Immediately upon the goods having been posted (if the Company is to deliver the goods by post)<\/p>\n<p>9.2 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The property in and title to the goods will not pass to you until the Company has received payment in full of all amounts due in respect of the goods and\u00a0of all amounts due in respect of other goods previously delivered and invoiced to you.<\/p>\n<h2><strong>10. Warranties and Conditions<\/strong><\/h2>\n<p>The Company undertakes that the goods will, in all material respects, comply with any general description which we may have submitted to you, will be of\u00a0satisfactory quality and reasonably fit for the purpose for which they were manufactured subject to normal use. As jute is a natural fibre, composed of\u00a0plant materials and is bio-degradable colours, shades, textures and sizes of goods may vary.<\/p>\n<h2><strong>11. Exclusion\/limitation of the Company\u2019s liability to you<\/strong><\/h2>\n<p>11.1 \u00a0\u00a0\u00a0\u00a0\u00a0 With the exception of death or personal injury caused by the Company\u2019s negligence (for which there will be no limitation) our liability to you is limited to the\u00a0invoice value (not including VAT) of the goods which fail to comply with the express undertaking given in condition 6 above. You agree that, in return\u00a0for the undertakings given in condition 6 all warranties, representations, guarantees, conditions and other terms which would be implied into a supply\u00a0agreement by law are excluded.<\/p>\n<p>11.2 \u00a0\u00a0\u00a0\u00a0\u00a0 The Company will not be deemed to be in breach of this supply agreement if it is unable to comply with contractual obligations because of any event\u00a0or circumstance which is in any way wholly or primarily beyond its control or not due to its act or default and in any such event or circumstance the Company will be entitled to extend the time for complying with its obligations under a supply agreement by a reasonable time and (if it is still not able to\u00a0comply with the obligations after such reasonable extension) either party may thereafter terminate the supply agreement in question by written notice\u00a0to the other.<\/p>\n<p>11.3 \u00a0\u00a0\u00a0\u00a0\u00a0 The Company will not be liable to you for loss of profits or of a market or for any type of special indirect or consequential loss.<\/p>\n<h2><strong>12. Intellectual property rights<\/strong><\/h2>\n<p>All copyrights, trademarks, patents and other industrial or intellectual property rights which may arise as a result of, or be displayed or\u00a0incorporated in, any written or printed material or any brochure which the Company may produce is either the property of the Company or that of third parties and is not to be\u00a0reproduced used or exploited in any manner whatsoever. You will indemnify the Company from and against all costs, claims and liabilities which it may incur as\u00a0a result of you using, reproducing or exploiting any such industrial or intellectual property rights without the consent of the proprietor.<\/p>\n<h2><strong>13. General matters<\/strong><\/h2>\n<p>13.1 \u00a0\u00a0\u00a0\u00a0\u00a0 This supply agreement shall be governed by the Laws of England and shall be subject to the exclusive jurisdiction of the English Courts of Law.<\/p>\n<p>13.2 \u00a0\u00a0\u00a0\u00a0\u00a0 A working day is any day from Monday to Friday except for Good Friday, Easter Monday, Christmas Day and any statutory bank or public holiday.<\/p>\n<p>13.3 \u00a0\u00a0\u00a0\u00a0\u00a0 Both parties agree that these terms and conditions strike a reasonable balance between their respective interests. If any of these terms and conditions\u00a0shall be invalid or unenforceable for any reason then that shall not affect the validity of the remainder of these terms and conditions which will remain\u00a0in full force and effect but as if any such invalid or unenforceable term or condition had never formed part of it.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Terms &#038; Conditions 1. Agreement 1.1 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 These terms and conditions form the basis of the legal agreement (\u201dsupply agreement\u201d) under which we, Go Jute Limited (Company Number\u00a06028997) and its subsidiary South Westerly Windbreaks, (herein jointly referred to as \u201cthe Company\u201d) will supply to you goods and items (\u201dgoods\u201d) which you, the customer, have ordered [&hellip;]<\/p>\n","protected":false},"author":6996,"featured_media":0,"parent":52,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"content-type":"","_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"class_list":["post-691","page","type-page","status-publish","hentry"],"acf":[],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v21.7 - https:\/\/yoast.com\/wordpress\/plugins\/seo\/ -->\n<title>Terms &amp; 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