1. Definitions
These Terms include:
‘Provider’ refers to JAQ Fulfilment.
‘Client’ is any individual, firm, or entity using the Provider’s services.
‘Customer’ is the end recipient of the Goods, with no contract with the Provider.
‘Services’ include all logistical, storage, and fulfilment services by the Provider.
‘Goods’ are items managed by the Provider at the Client’s instruction.
‘Contract’ is the agreement for the supply of Services between the Provider and the Client.
Additional definitions cover ‘Effective Date’, ‘Demand’, ‘Provider’s Premises’, ‘Force Majeure’, and others.
2. Authority to Contract
The Client assures:
Legal ownership or possession of the Goods with authority for storage and shipment.
Proper marking, packing, and complete information provision for the Goods.
3. Quotations and Tenders
Quotations by the Provider are valid for 30 days, subject to written adjustments.
4. Contractual Terms
The Contract, governed by these Terms, takes precedence over conflicting Client terms unless agreed otherwise in writing.
Only written confirmations from the Provider are binding.
The Provider reserves the right to update these Terms periodically.
5. Pricing and Fees
Fees exclude VAT and other statutory charges.
Pricing subject to change under specified conditions such as service alterations, inflation adjustments, and unexpected cost increases.
6. Payment Terms
Payment terms depend on the Client’s credit agreement.
Preferred payment methods are Direct Debit or electronic bank transfer.
Late payments incur additional charges and interest.
7. Lien on Goods
The Provider retains a lien on the Goods for any outstanding payments.
8. Client Obligations
The Client is responsible for the safe, legal preparation of Goods and for providing accurate information.
9. Employment Regulations (TUPE)
Details on employment transfer implications under TUPE regulations.
10. Delivery and Performance Standards
Definitions of delivery completion, performance expectations, and liability limitations.
Client responsibilities during delivery issues.
11. Online Systems & Data Reporting
System availability, data accuracy, and compatibility requirements.
Responsibility for data correctness and usage.
12. Warranty, Liability, and Loss
Provider’s liability limitations and warranty conditions.
Client responsibilities for loss or damage.
13. Claims and Disputes
Procedures for claims notification and processing.
14. Termination of Contract
Conditions for contract termination by either party.
15. Force Majeure
Provider’s non-liability clauses for unforeseen, uncontrollable events.
16. Confidentiality Obligations
Handling of confidential information by both parties.
17. Data Protection Compliance
GDPR compliance requirements and data processing obligations.
18. General Provisions
Additional terms covering engagements, notice requirements, waiver conditions, and general contractual aspects.
19. Governing Law and Jurisdiction
The Contract is subject to English Law, with the English Courts having exclusive jurisdiction.