TERMS AND CONDITIONS of “J C Atkinson” trading as JC Atkinson and Son Ltd
1. Account Settlement Terms
Invoices and statements will be provided to you by e mail or as requested by Royal Mail. Our terms for payment is 30 days from date of invoice.
2. Value Added Tax
Will be added on the price of all items at the HMRC advertised rate.
3. Purchase Orders
No order, including modified products, will be processed without confirmation. Confirmation is deemed as a signed facsimile copy of the order, the use of an official purchase order or a confirmation e mail or an instruction to proceed after a verbal read back on the phone. All telephone confirmations are recorded. The recording will be used to settle any errors or disputes and for staff training.
For damage, shortage or non-delivery must be made at the point of delivery by indicating the discrepancies on the delivery note or in writing to us within 5 days of the delivery of goods, otherwise claims cannot be considered. Items are routinely photographed, and images or CCTV footage will be considered as part of any claim evidence, as such this will also be shared as required.
All goods supplied and invoiced by us are subject to a comprehensive guarantee against defective materials or workmanship. The warranty period for each category of goods supplied by us is as follows:
Solid Wood Coffins -1 month from date of delivery.
Veneer Wood Coffins with Solid Wood Moulds – 1 month from date of delivery
Veneer or Wood effect coffins using wood veneer MDF or paper wood effect MDF moulds – 3 month from date of delivery.
Wholesale Goods, Natural Woven Coffins, American Caskets –1 month from date of delivery
Ash Caskets, Coffin Furniture, Gowns, Frills – 3 months from date of delivery
Goodwill Repairs We value all our custom, wood is a natural product and from time-to-time problems will happen, in order to maintain good
relationships goods will be repaired and returned free of charge outside of these times. This is undertaken as a goodwill gesture and does not
change the terms outlined above.
The guarantee, however, will only cover a defect or fault that arises in this period of time, under normal usage and if the goods have been stored in a storage area with normal UK ambient temperature and humidity. Warranty cannot be extended to goods stored within a cold room, air-conditioned room, or similar extraneous environment.
Consequential Losses. The Company does not accept liability for any damage, injury or loss arising from its failure other than the replacement cost of the original product supplied by the Company.
Public and Product Insurance – The company maintains a policy with a £2 million cover, any claim must be notified to us immediately and in writing in order our insurers can be informed immediately.
a) We reserve the right to amend our prices without prior notification and all orders will be accepted at the price ruling at the time of dispatch.
b) We reserve the right to alter specifications of our products without prior notification.
c) The Company will charge interest on all overdue accounts which are outside our agreed terms. A monthly interest penalty equivalent to 2% (per month or part thereof) on the overdue balance.
d) The Company reserves the right to recover from you all costs incurred in the recovery of any overdue account balance. These costs and fees, court and execution fees, and any recovery agent commission, fees and expenses.
e) Goods cannot be re-sold to any third party. Except to your own clients to facilitate a coffin / casket choice for which you are arranging and conducting a funeral for. Goods cannot be re sold to any other third party. IE another funeral director, a wholesaler or a member of the public., unless by prior written agreement with JC Atkinson.
f) All product, brand names, pictures specifications and accreditations are copyright, owned and controlled by JC Atkinson.
g) No product brand names, pictures specifications and accreditations cannot be reproduced, copied, or published without prior written agreement. with the JC Atkinson.
7. Retention of Title
With effect from and including 1st November 2017 all goods (“Goods”) supplied by us to you will be subject to the following terms and conditions which shall be in addition to such other terms and conditions expressed or implied, as may apply. In the event of there being any discrepancy between the terms and conditions set out below and any others which would otherwise apply, the former shall prevail.
a) All risks in respect of the Goods shall pass to you not later than the delivery thereof by or on behalf of us to your vehicles, your premises or otherwise to your order whether or not the price includes delivery, and it shall be your duty to insure the Goods accordingly.
b) Notwithstanding the provisions of paragraph (a) above, the Goods shall remain the sole and absolute property of us as legal and beneficial
owners and we reserve the right to dispose of the Goods until payment in full for all the Goods has been received by us, in accordance with the terms and conditions of the contract pursuant to which the Goods were supplied, or until such time as you sell the Goods to your customers by way of bona de sale at full market value whichever shall first occur.
If such payment is overdue in whole or in part we may (without prejudice to any of our other rights) recover or resell the Goods or any of them, and our servants or agents may enter upon your premises, or such other premises where the goods are or reasonably ought to be
stored for that purpose. Such payment shall become due immediately upon the recommendations of any act or proceedings in which your insolvency is involved.
c) Until such time as you become the owner of the Goods, you will store them and will procure that they are stored separately from your own goods or those of any other person and in a manner, which makes them readily identifiable as our goods.
d) Subject to the terms hereof, you are licensed by us to agree to sell on the Goods or any of them subject to the express condition that the
entire proceeds thereof are held in trust for us and not mingled with other monies, or paid into any overdrawn bank account, and shall be at all times identifiable as our monies.
e) If the Goods, the property of which is with us, are admixed with goods, the property of which are with you, or are processed or incorporated therein before all payments for the Goods have been made, the product thereof shall become and/or shall be deemed to be our sole an exclusive property and at no time shall the property of such product be, or deemed to be, with you. Such product shall be at your risk and it shall be your duty to insure the product.
f) If the Goods, the property of which is with us, are admixed with goods, the property of which is with any person other than you or us, or are processed with or incorporated therein, the product thereof shall become and/or shall be deemed to be owned in common with that other person, and at no time shall the property of such product be with you. Such product shall be at your risk and it shall be your duty to insure such product.
g) Subject to the terms hereof, you are licensed by us to agree to sell on such products as are referred to in paragraph (e) or paragraph (f) above subject to the express condition that the entire proceeds thereof are held in trust for us or, as the case may be, for us and such other person as is referred to in paragraph (f) above and are not mingled with other monies or paid into any overdrawn bank account and shall be at all times identifiable as our monies or, as the case may be, as monies belonging in common to us and such other person as is referred to in paragraph f) above.
h) All our Goods are date labelled on dispatch from our premises. It is hereby deemed that the matching of these labels to the date of invoice shall constitute sufficient evidence to identify the goods in your possession to same sales invoices.
8. Force Majeure
We shall, on giving written notice to you (the customer) be entitled to postpone or cancel delivery or completion or to suspend deliveries in whole or in part in the event of a stoppage at the Company’s premises or those of any of our supplier’s due to act of God, war, riots, strikes. Lockouts, trade disputes, fires, floods, breakdowns, mechanical failures, interruption of transport, governmental action, or any other cause whatsoever, whether or not of like nature to those specified above, outside the company’s control.
9. Acceptance of Terms and Conditions
Notwithstanding the above, you will be deemed to have accepted the terms and conditions contained herein by you ordering on or after 1st
November 2019 from us any goods.
Every effort will be made to deliver the goods at the agreed times; however, this is not guaranteed service, deliveries may be delayed due to road congestion, driver illness and motor breakdown. In such circumstances we will always endeavour with other options to satisfy your needs.