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Joskos Solutions Limited – Standard Terms And Conditions
The Joskos Order Acknowledgement form and Joskos Solutions Limited Standard Terms and Conditions determine the basis on which the products and services requested by the customer are supplied.
- “Joskos” shall mean Joskos Solutions Limited
- “Order” shall mean the customer’s written or verbal order
- “Terms and Conditions ” shall mean Joskos Standard Terms and Conditions,
- “Customer” shall mean the purchaser of goods and/or services from Joskos
- “Contract” shall mean the contract for sale as set down in the Joskos Order Acknowledgement Form
- “RMA” shall mean Returns Merchandise Authorisation
1. Formation of contract:
1.1 The Order must be communicated to Joskos in written form. The Order should be written in the English language on the Customer’s letterhead paper or sent from the Customer’s company email address.
1.2 All Orders are accepted only on these Terms and Conditions which are the essence of any and every Contract between Joskos and the Customer and shall override any other terms and conditions however they are incorporated or referred to by the Customer.
1.3 No variation, alteration or addition to these Terms and Conditions is acceptable at any time unless authorised in writing by a Director of Joskos.
1.4 All quotations and tenders are subject to withdrawal or amendment by Joskos prior to Joskos accepting the Order using the Joskos Order Acknowledgement form.
1.5 No Contract shall come into existence until Joskos has accepted the Order by sending to the Customer a Joskos Order Acknowledgement form.
2.1 Customer Orders shall confirm product, price and delivery details given previously in any quote by Joskos. Where multiple quotations have been issued by Joskos, the prices from the most recent quote must match the prices printed on the Order.
2.2 Prices are quoted and agreed in sterling on the basis of costs prevailing at the time. If after the Contract has been agreed but before the goods are invoiced Joskos shall sustain any direct or indirect increase in cost then the Joskos may, by notice in writing to the Buyer, increase the price appropriately
2.3 All taxes and other duties applicable to the Order shall be added to the quoted price and paid by the Customer.
2.4 Joskos shall not be bound by any clerical or arithmetical errors in any price list, invoice statement, Order Acknowledgement form or other documentation.
2.5 Joskos reserve the right to increase quoted prices to cover any cost increases due to market conditions including, but not limited to, increases in foreign exchange, rates relating to the equipment, or in labour, materials, supply or transportation costs. This includes cost increases due to market fluctuations and or cost increases resulting from political decisions. In the instance where any costs have increased Joskos will notify the school as soon as reasonably possible and prior to Joskos processing any received orders from the school.
3. Automatic Renewal Products
3.1 Joskos offers some Products and Services which have automatic renewals. Joskos will inform the Customer by email, using the email address provided, before automatically renewing any Subscription Service, together with details regarding how to cancel such renewal. Once Joskos has informed the Customer that the subscription will be automatically renewed, Joskos will automatically renew the services and charge the Customer the then current price for the renewal term. Joskos will charge the Customer’s chosen payment method for the subscription Product renewal. The Customer must cancel the Subscription Service before the renewal date notice period set out in the relevant contract for the Subscription Service (a twelve month service contract attracts a minimum 3 months’ notice period) or in the absence of such contract, thirty (30) days before the renewal date to avoid being charged and invoiced for the renewal. Joskos reserves the right to charge an additional administration fee to set up or renew any Subscription Service where the Customer has opted out of the aforementioned automatic renewal provision.
4.1 All goods are sold subject to the express warranty terms specified by the original manufacturer or supplier.
4.2 Joskos does not give any warranty that the goods and/or services are fit for any particular purpose and this warranty is given in place of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade, usage, course of dealing other otherwise, all of which are hereby excluded to the fullest extent permitted by law.
5. Limitation of Liability:
5.1 Joskos does not seek to exclude liability for death or personal injury caused by the negligence of Joskos or its employees while acting in the course of their employment.
5.2 Except where the goods are sold or services provided to Customers who are dealing as a consumer within the definition of the Unfair Contract Terms Act 1977, Joskos shall have no liability to the Customer in respect of any defect in the goods or other breach of contract of whatever nature including failure to provide services by Joskos employees, sub-contractors or agents.
5.3 Joskos shall not be liable to the Customer for any loss of profit (whether direct or indirect or consequential) indirect or consequential loss or damage, (including economic loss, business, operating time) howsoever arising.
5.4 Except in respect of injury to or death of any person (for which no limit applies) any liability of Joskos shall not exceed the price paid by the Customer for the products and services under the Contract.
5.5 Each provision in section 4 entitled “Limitation of Liability” is a separate limitation and shall apply and survive if for any reason one or other of these provisions is held inapplicable or unreasonable.
6. Damage/Loss in transit:
6.1 The Customer shall within –24 hours notify Joskos in writing if any delivery is deficient in quantity, specification or shows evidence of material damage, otherwise the Company shall be under no legal obligation to rectify such deficiency at its own cost.
6.2 It is the Customer's responsibility to ensure that the correct number of packages delivered is signed off as "received".
7. Delivery commitments:
7.1 Goods shall be delivered by Joskos or couriers engaged by Joskos and accepted by the Customer as soon as ready.
7.2 Delivery commitments are entered into in good faith but are not guaranteed and Joskos shall not be liable for any loss or damage occasioned by failure to deliver on the specified date howsoever caused. Nor shall failure be deemed to be breach of Contract, or any of its conditions or part thereof.
7.3 Refusal by the Customer to accept part or whole delivery during the Customer’s normal working hours to the location specified on the Order may allow Joskos to treat the Contract as repudiated. Joskos may then in certain circumstances decline to make further deliveries. This is without prejudice to any rights that Joskos may have to recover damages for breach of Contract.
7.4 If the Customer refuses or is otherwise unable to take delivery of all or part of the Order in accordance with the contract, Joskos shall nevertheless invoice the Order immediately and be entitled to payment in full in accordance with sub clause 8.1 and Joskos RMA terms and conditions. If required, the Customer shall pay in addition to the invoice price all reasonable costs of any double handling, warehousing and insurance required to protect and preserve the goods until delivery is affected.
8. Terms of payment:
8.1 Unless otherwise agreed in writing payment of the Order shall be settled in full in the following manner.
All invoice to be settled within 14 days of date of invoice
8.2 Express deliveries will incur an extra charge regardless of the invoice value.
8.3 The rendering of payments by the Customer, at the stipulated time, shall not be affected by the existence of any defect, whether or not such defect is the subject of a claim under Clause 10.2 hereof.
8.4 If the Customer; fails to make any payment when it becomes due, enters into composition or arrangement with its creditors, has a Receiver appointed, passes a resolution for winding up (or a Court makes an Order to that effect), has a Receiving Order made against it, or if there has been any breach by the Customer of any Terms and Conditions, Joskos may, without prejudice to its other rights and remedies, defer or cancel any further deliveries.
8.5 If payment of the price or any part thereof is not made by the due date Joskos shall be entitled to charge interest on the outstanding amount at the rate of 2% per calendar month.
9. Title to goods:
9.1 Risk in the goods shall pass to the Customer when they are delivered to the Customer whether or not any additional work specified has been completed.
9.2 Even though risk has passed in accordance with sub-clause 9.1 the Customer will not own the goods until Joskos is paid in full for them and no other amounts are outstanding from the Customer to Joskos in respect of any other goods supplied by Joskos.
9.3 Before title has passed to the customer under sub-clause 9.2 and without prejudice to any of its other rights, Joskos shall have the right to recover and re-sell the goods or any of them and may enter upon the Customer’s premises by its servants or agents for that purpose.
10. Defective goods:
10.1 Joskos reserves the right at its sole discretion to decide whether any goods are defective.
10.2 Defective goods will be replaced or rectified by Joskos as originally ordered, or if rectification or replacement is not practicable, Joskos will credit the value of the goods at the invoiced price.
10.3 Claims under sub-clause 10.2 above must be made in accordance with Joskos RMA procedure which governs the return of any goods supplied by Joskos.
11. RMA :Returns of Goods:
The company is unable to accept the return of merchandise without prior consent of the Company. All requests for return of merchandise must be made no later than 7 days after delivery of the merchandise. Before returning the merchandise the Company must be notified in writing with details included of the merchandise, the invoice number and date. Authorisation for returns if, appropriate will then be given in writing by the Company. In relation to hardware products authorisation will only be given if the unit is complete with all its accessories, cables, manuals, etc. in brand new condition and in all its original packaging. A 25% or £50 handling charge (whichever is greater) may be charged (plus VAT) on returned merchandise.
12. Cancellation of orders:
12.1 In the event of unavoidable industry price or availability changes between the submission of any quotation and receipt of the Order, the Customer shall be so advised and both parties to the supply contract shall have the opportunity to re-negotiate or terminate the contract immediately.
12.2 Any cancellation by the Customer should follow the procedure in 11, must be made in writing and shall only be accepted in exchange for a full indemnity given by the Customer to Joskos to cover any costs incurred. Cancellation is at the sole discretion of Joskos.
12.3 Goods accepted for return and credit must be returned in their original, undamaged and complete packaging. Charges may be levied to cover any costs incurred.
The Customer shall treat as confidential all information obtained from the Joskos pursuant to the Contract. In particular, Joskos prices shall not be disclosed to any persons (except to the Customer’s employees and then only to those employees who need to know the same) without prior written consent. This obligation to keep information confidential will survive any termination of the contract.
14. Damage/Loss in transit:
14.1 All descriptions, illustrations drawings, catalogues and other particulars supplied by Joskos are copyright and may not be copied or used for any purpose other than that for which they are supplied without the express written authority of Joskos.
14.2 All software is provided subject to an end user license agreement. The Customer agrees to abide by the relevant end user software license agreement terms.
No waiver, delay or indulgence by any party in enforcing the provisions of the Contract shall prejudice or restrict the rights of that party nor shall any waiver of its rights operate as a waiver of any subsequent breach and no right, power or remedy conferred upon or reserved for any party by the Contract is exclusive of any other right, power or remedy available to that party.
16. Force Majeure:
Joskos shall not be liable for any delay or failure in performance of its obligations under the Contract which is due to or results from any circumstances beyond its reasonable control including but not limited to delays or defaults of suppliers, or the defaults of any subcontractor, war, strike, lock-out, trade dispute, flood, accident to plant or machinery, shortage of goods or labour. In any such event the Company shall be entitled to delay or cancel delivery of the Order.
All notices and other communications to be served on or given to either party shall be in writing. Notices are deemed to be given 3 days after posting by first class prepaid post, 7 days after posting if sent by prepaid airmail and 1 day after despatch if sent by courier, on delivery if hand delivered and on transmission if by fax.
If any provisions of these Terms and Conditions are held by any competent authority to be invalid or unenforceable in whole or in part, the validity of other provisions of these Terms and Conditions shall not be affected.
19. Law and Jurisdiction:
Each Order is subject to the laws of contract as governed by the laws of England and Wales and shall be subject to the exclusive jurisdiction of the English Courts.
If you would like to contact us for any reason regarding our privacy practices, please write to us at the following address:
605 Highgate studios
London, NW5 1TL.
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.
(12 month service contracts attract a minimum 3 months’ notice period)