Terms and Conditions

Interpretation

In these terms and conditions, the following words and phrases shall have the following meanings:


1.1     'Contract' means the contract to supply Goods and/or Services between Us and You which
           shall incorporate these Terms.

1.2     'Goods' means any Goods agreed in the Contract to be supplied by Us to You (including any 
           part of them).

1.3     ‘Services’ means the services agreed to be supplied by Us to You, including deliverables 
            requested by You and agreed by Us in any specification for the services.

1.4     ‘Terms’ means these terms and conditions as amended by Us from time to time.

1.5     ‘We’ means J.A.K Marketing Limited and ‘Us’ and ‘Our’ will be construed accordingly.

1.6     ‘Website’ means Our website at www.jakmarketing.co.uk

1.7     'You' means the person, firm or company who wishes to purchase Goods and/or Services from 
           Us and ‘Your’ will be construed accordingly.

1.8     In these Terms, reference to any statute or statutory provision shall be construed as a reference 
           to such statute or statutory provision as amended, modified, re-enacted or replaced from time 
           to time.

1.9     The headings do not affect the interpretation of these Terms.

The Contract

2.1     The Contract shall be on these Terms to the exclusion of all other terms and conditions, including 
           any terms and conditions that are purported to be included or applied by You.

2.2     No terms and conditions contained in the confirmation of order, purchase order or other document 
           received from You will form part of the Contract.

2.3     We are not obliged to accept Your order.

2.4     Any samples, drawings, descriptive matter or advertising issued by Us and any descriptions of 
           the Goods or illustrations or descriptions of the Services contained in the Website, catalogues or 
           brochures are issued or published for the sole purpose of giving an approximate idea of the 
           Services and/or Goods described in them. They shall not form part of the Contract or have any 
           contractual force. 

2.5     You acknowledge that you have not relied on any statement, promise or representation made 
           or given by Us which is not set out in the Contract. Nothing in this condition shall exclude or limit 
           liability for fraudulent misrepresentation.

2.6     These Terms govern the entire trading relationship between Us and You; they override any 
           contradictory representation or term used on the Website, Our catalogues or brochures or in 
           correspondence with You and will remain in force for the duration of the Contract.

2.7     All of these Terms shall apply to the supply of both Goods and Services except where 

           application to one or the other is specified.

2.8     We reserve the right to revise and amend these Terms from time to time and any changes 

           will be communicated on the Website.

Goods on Offer – Invitation to Treat

3.1     We reserve the right to alter the specification of any Goods and to withdraw any Goods from 
           sale without notice, unless specified within a concluded Contract with Us.

3.2     All Goods are offered subject to stock availability. If for any reason they are no longer available 
           We will try to offer an alternative product, but if an alternative is not available or acceptable to 
           You, We reserve the right to cancel the Contract.

3.3     Unless specifically agreed and approved in writing by Us, neither You nor any of Your customers 
           shall be entitled to remove, deface or replace any sign, marking or logo upon the Goods when 
           offering them for resale.

3.4     A quotation for the supply of Goods by Us shall not constitute an offer and no order placed by 
           the Buyer shall be deemed to be accepted by Us until a written acknowledgement of order is 
           issued by Us or (if earlier) We deliver the Goods to You.

3.5     We are willing to offer advice in the selection of Goods, but final selection, suitability and correct
           usage is Your responsibility.

Special Offers

4.1     From time to time We make special offers which are always subject to availability

4.2     The terms of any special offer may be amended or withdrawn without prior notice and any 
           amendment or withdrawal shall be effective immediately.

4.3     Special offers may only be made available to certain customers or groups of customers in 
           Our entire discretion.

4.4     Any free product within a special offer may not be exchanged in whole or in part for cash.

Vouchers

5.1     Vouchers can only be redeemed against Goods purchased from Us via phone, fax, email, 
           post or online. 

5.2     No voucher said to have been used online will be accepted unless the voucher number is 
           entered in the indicated box at check out.

5.3     No voucher will be accepted for use after the expiry date stated on the voucher.

5.4     Vouchers may only be redeemed against the Goods or promotion stated on it. Vouchers cannot 

           be redeemed against an infusion pump (11-2612 or 11-2607).

5.5     No voucher may be exchanged in whole or in part for cash.

5.6     A voucher may only be exchanged for Goods of equal or higher price than the face value of 
           the voucher.

5.7     A voucher may not be used if You are already receiving a pre-agreed discount on the price of 
           the Goods.

5.8     Use of a voucher by You is subject to Our verifying that the voucher has been issued to You 
           and that You have complied with all the terms of the voucher. In the event that the code has 
           not been issued to You or You do not qualify for the promotion, the payment required for the 
           Goods will be adjusted accordingly notwithstanding any confirmation You may receive.

5.9     Any refund of goods or services paid for using vouchers will be refunded with vouchers.

5.10    Vouchers that have been photocopied, damaged, tampered or lost with will not be accepted.

5.11    A voucher is non-transferable, cannot be resold and has a cash value of 0.001p.

Price

6.1     The price for the Goods shall, unless otherwise agreed, be the price set out on the invoice. 

6.2     The price for the Goods shall be exclusive of all costs of carriage and insurance and applicable 
           VAT which You shall pay in addition.

Delivery

7.1     Unless otherwise agreed in writing, delivery of the Goods shall be at Your premises and You 
           shall take all reasonable steps to accept delivery of the Goods.

7.2     Any dates specified by Us for delivery of the Goods are intended to be an estimate only. If no 
           date is specified for delivery of the Goods, delivery shall be within a reasonable time. Any Goods 
           not available at the time of Your order will be sent to You, as soon as possible, when received 
           from the manufacturer.

7.3     Any liability for non-delivery of the Goods shall be limited to replacing the Goods within a 
           reasonable time or after 60 days issuing a credit note against any invoice raised for such Goods.

7.4     Notification of Goods received damaged or incomplete must be made to Us within 24 hours 
          of delivery.

7.5     Notification of non-delivery must be made within 7 days of receipt of invoice.

7.6     If You give Us an incorrect or incomplete delivery address so that We are not able to make 
          the delivery, We may treat the order as cancelled by You. In this case, We will refund the price 
          of the Goods but shall be entitled to keep the amount You paid for delivery.

Cancellation by Us

9        Right of Cancellation under the Consumer Contracts Regulations

9.1     The following cancellation rights apply only if you are a Consumer as defined in the 
           Consumer Contract Regulations 2013.

9.2     If You are a Consumer and you do not purchase the Goods at Our premises, the Consumer 
           Contract Regulations 2013 provide You with additional rights as follows:

          9.2.1   You have the right to cancel this contract within 14 days without giving any reason.

          9.2.2   The cancellation period will expire after 14 days from the day of the conclusion of the 
                      Contract.

          9.2.3   To exercise the right to cancel You must inform us of your decision to cancel this contract 
                      by a clear statement; (e.g. a letter sent by post or email) to us as follows:

                     9.2.3.1  By post to Us to the address below.

                     9.2.3.2  By telephone to the telephone number below.

                     9.2.3.3  By email to the email address below.

9.2.4   To meet the cancellation deadline, it is sufficient for you to send Your communication 
             concerning your exercise of the right to cancellation before the cancellation period has 
             expired.

Risk in and Ownership of the Goods

10.1    The Goods will be at Your risk from the time of delivery.

10.2    Ownership of the Goods will only pass to You when We receive full payment of all sums due in 
            respect of the Goods, including delivery charges.

10.3    Until ownership of the Goods has passed to You, You shall:

           10.3.1   hold the Goods on a fiduciary basis as Our bailee;

           10.3.2   store the Goods separately from all other Goods of You or any third party in such a 
                         way that they remain identifiable as Our property;

           10.3.3   not destroy or deface any identifying mark on the Goods or their packaging;

           10.3.4   maintain the Goods in satisfactory condition insured with Our interest noted on the 
                         policy and hold any proceeds of such insurance on trust for Us and not mix them with 
                         any other money.

Returns

11.1    If You (or any customer of Yours) are dissatisfied with the Goods, but the Goods are not 

           defective within the meaning of the Sale of Goods Act 1979, We reserve the right to refuse 
           return of the Goods.

11.2    If We agree to the return of the Goods:

           11.2.1   You must request a returns form from Us;

           11.2.2   Goods returned for credit must be sent, at Your expense, to Us, accompanied by the 
                         returns form detailing the reason for return;

           11.2.3   Goods will only be considered for credit if returned to Us in a saleable condition, 
                         complete with packaging and manuals, within 14 days of the invoice date against which 
                         they were supplied;

           11.2.4   Goods supplied with a free item must be returned together with the free item otherwise 
                         the value of the free item will be deducted from any credit given to You.

           11.2.5   A 15% restocking charge will be levied on all items returned which have been correctly 
                        supplied by Us unless they were supplied on a free trial basis and provided they are 
                        returned to Us in saleable condition.

           11.2.6   Return of non-stock items specially obtained or manufactured by Us will not be accepted
                        for credit or replacement;

           11.2.7   Risk in the Goods being returned remains with You at all times while in transit.

Supply of Services

12.1    We shall provide the Services to You in accordance with the any service specification agreed 
            by Us in all material respects.

12.2    We shall use all reasonable endeavours to meet any performance dates for the specified 
            Services but any such dates shall be estimates only and time shall not be of the essence for 
            the performance of the Services.

12.3    We shall have the right to make any changes to the Services which are necessary to comply 
            with any applicable law or safety requirement, or which do not materially affect the nature or 
            quality of the Services, and We shall notify You in any such event.

12.4    We warrant to You that the Services will be provided using reasonable care and skill.

Your Obligations 

13.1    You shall:

13.2    ensure that the terms of your order and the specification are complete and accurate;

13.3    co-operate with Us in all matters relating to the Services;

13.4    provide Us with such information and materials as We may reasonably require to supply 
            the Services, and ensure that such information is accurate in all material respects;  

13.5    obtain and maintain all necessary licences, permissions and consents which may be required 
            for the Services before the date on which the Services are to start;

13.6    If Our performance of any of Our obligations in respect of the Services is prevented or delayed 
            by any act or omission by You or failure by You to perform any relevant obligation):

           13.6.1   We shall without limiting any other rights or remedies have the right to suspend 
                         performance of the Services until You remedy Your default, and shall be relived from 
                         the performance of any of Our obligations to the extent Your default prevents or delays 
                         Our performance of any of Our obligations;

           13.6.2   We shall not be liable for any costs or losses sustained or incurred by You arising 
                         directly or indirectly from Your failure or delay to perform any of your obligations as set 
                         out in this; and

           13.6.3   You shall reimburse Us on written demand for any costs or losses sustained or incurred 
                         by Us arising directly or indirectly from Your default.

Payment

14.1    Your obligation to pay the price of Goods and Services shall become binding on acceptance 
            by Us of Your order.

14.2    You shall pay each invoice submitted by Us within 30 days of the date of the invoice; and time
            for payment shall be of the essence of the Contract.

14.3    Payment shall not be deemed to have taken place until the receipt by Us of cleared funds. 

14.4    All payments due under the Contract shall be made in full without any deduction whether by
            way of set-off, counterclaim, discount, abatement or otherwise.

14.5    We reserve the right to claim interest under the Late Payment of Commercial Debts 
           (Interest) Act 1998.

The Waste Electrical and Electronic Equipment Regulations 2013

15.1    You are responsible for all obligations and liabilities regarding the waste prevention, 
            management and disposal of any Goods supplied by Us which are electrical and 
            electronic equipment in compliance with The Waste Electrical and Electronic Equipment 
            Regulations 2013. When supplied as B2B EEE the producer invokes regulation 12.2 and 
            passes all WEEE obligations to the B2B end user.

Our Liability

16.1    We warrant to You that any Goods purchased from Us are of satisfactory quality and reasonably 
            fit for the purposes for which products of such kind are commonly supplied.

16.2    We shall not be responsible to You or any third party whether in contract, tort (including 
            negligence) or otherwise for incidental, special, indirect or consequential loss or damage, any 
            loss of profit (direct or indirect), loss of sales, loss of goodwill or reputation, loss of business, 
            third party claims, pure economic loss arising out of or in connection of the performance or non 
            performance of Our obligations under these Terms, including such damage as may be 
            reasonably foreseeable at the date You order the Goods or Services

16.3    If You are contracting as a business, Our liability for any claim for loss or damage shall be
            limited to the price of the Goods You purchased or the value of the Services to be performed.

16.4    The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and the terms implied 
            by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent 
            permitted by law, excluded from the Contract.

16.5    Nothing in these conditions excludes or limits Our liability: 

           16.5.1   for death or personal injury caused by Our negligence or the negligence of Our  
                         employees, agents or subcontractors; or

           16.5.2   for fraud or fraudulent misrepresentation.

           16.5.3   for breach of the terms implied by section 2 of the Supply of Goods and Services 
                         Act 1982 (title and quiet possession);

           16.5.4   for breach of the terms implied by section 12 of the Sale of Goods Act 1979 
                         (title and quiet possession); or

           16.5.5   for defective products under the Consumer Protection Act 1987.

Force Majeure

17.1    If either party is subject to an event or circumstances outside its reasonable control, 
            (‘Force Majeure Event’) it shall notify the other party and all parties obligations under these 
            Terms shall be suspended until both parties are notified that the Force Majeure Event has ended.

17.2    A Force Majeure Event includes (without limitation) the following:

           17.2.1   strikes, lock-outs or other industrial action;

           17.2.2   civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether
                         declared or not) or threat or preparation for war;

           17.2.3   fire, explosion, inclement weather, including storms, flood, earthquake, subsidence,  
                         epidemic or other natural disaster;

           17.2.4   inability of the use of railways, shipping, aircraft, motor transport or other means of 
                         public or private transport;

           17.2.5   impossibility of the use of public or private telecommunications networks;

           17.2.6   the Website and other systems affected as a result of computer hacking or virus; and

           17.2.7   the acts, decrees, legislation, regulations or restrictions of any government/

Intellectual Property

18.1    The copyright, trademarks and all other intellectual property rights(‘IPR’) in and to the Website 

            and all of the material on the Website or in any other of Our promotional material are either 
            owned by Us or are included with the permission of the owner of the rights. You may download 
            a single copy of each piece of material for your own private viewing purposes only, provided 
            you keep intact all proprietary notices.

18.2    Other than as stated in the previous clause, no copying of either the Website and/or any of 
            the material contained on the Website or in any other of Our promotional material distribution 
            for any commercial or business use is permitted without Our prior written consent. You may 
            not include a link to the Website or display the contents of the Website without Our prior 
            written consent.

18.3    No licence is granted to you in these Terms to use any of Our IPR whether registered or 
            unregistered.

General

19.1    These Terms do not affect Your statutory rights.

19.2    We reserve the right to refuse to supply Goods and Services if they are unsuitable due to 
            Your age or for any other reason in Our absolute discretion.

19.3    Digital or other images of Goods are for illustrative purposes only and may differ slightly from
            the actual Goods.

19.4    Telephone calls may be recorded for training and security purposes.

19.5    If any part of these Terms is found to be void or unenforceable by any court of competent 
            jurisdiction, such part shall be severed from these Terms which will otherwise remain in full force 
            and effect. 

19.6    We may assign, charge or transfer any of Our rights or subcontract any of Our obligations under 
            the Contract to any third party at any time.

19.7    A person who is not a party to the Contract shall have no right to enforce any of the terms of the
            Contract under the Contracts (Rights of Third Parties) Act 1999.

19.8    These Terms shall be governed by and interpreted according to English Law and the parties 
            submit to the exclusive jurisdiction of the English Courts.