1. All contracts for work done or goods or services supplied by JCS CAD Design Ltd (“the company”) shall be subjected to these terms of business and all quotations supplied, orders accepted and work commenced by the company on behalf of the customer shall be exclusively upon these terms unless otherwise specifically accepted by the company in writing.
2. No variation in the contract shall be accepted unless agreed by the company in writing.
3. The company shall endeavour to complete the contract upon such dates or during such periods as may be stated therein, but time shall not be essence of any contract.
4. The company shall not accept any responsibility for delay or non delivery of services caused by circumstances beyond its control, including acts of God, fire, the elements, war, civil commotion, strikes or lock-outs, industrial dispute, shortage of raw materials, shortage of labour, break-down or partial failure of plant or machinery, late receipt of the buyer’s specification or other necessary information, acts, orders or regulations of Government, delay or failure on the part of any independent sub-contractor supplier or carrier, or any loss of whatsoever nature.
5. The company shall not be liable for loss of any kind or expenditure incurred in any way attributable to or consequent upon a breach of contract by the company.
6. Any condition, warranty or statement as to the quality of the service/goods or their fitness for any purpose whether expressed or implied by statute, custom of the trade or otherwise is hereby excluded.
7. Unless specified in the contract, the prices for goods and services supplied shall be the ruling price on the company’s price list on the despatch or delivery of the goods.
8. The company supplies drawing services only. Drawings MUST be checked by a structural engineer (where applicable) prior to manufacture of the end product.
9. Drawings may not contain information pertaining to welding, steel grade or vent holes for galvanising. Any company purchasing drawings from the company must ensure that the fabricator of the end product has appropriate training & knowledge to ensure a safe product.
10. Customers MUST check all drawings provided by the company prior to manufacturing goods. The company will not be held financially liable for errors within drawings that lead to the end product being incorrect.
11. The company shall be entitled without prejudice to its other rights and remedies, either to terminate wholly or in part any or every contract between itself and the customer or to suspend any further deliveries under any or every such contract in any of the following events –

(a) If any debt is due and payable by the customer to the company but is unpaid.

(b) If the customer has failed to provide any letter of credit, bill of exchange or any other security required by the contract, provided that in such even the aforesaid rights of termination of suspension shall apply only in regard to the particular contract in respect of which the customer shall have so failed.

(c) If the customer has failed to take delivery of any goods under any contract between it and the company otherwise than in accordance with the customer’s contractual rights.

(d) If the customer becomes insolvent of being a body corporate has passed the resolution for voluntary winding up except where solely for the purpose of reconstruction, or has suffered an Order or the Court for its winding up to be made, or has had a receiver appointed or being an individual or partnership has suspended payment of this or their debts in whole or in part or has proposed or entered into any composition or arrangement with his or their creditors or has had a Receiving Order Bankruptcy made against him or them.

15. The customer shall not be entitled to withhold payment of any amount payable under the contract to the company because of any disputed claim of the customer in respect of faulty goods or any other alleged breach of the contract, nor shall the customer be entitled to set-off against any amount payable under the Contract to the Company any moneys which are not then presently payable by the company or for the Company disputed liability.
16. The rights of the company or the customer shall not be prejudiced or restricted by any indulgence or forbearance extended by either party to the other, and no waiver by either party in respect of any breach shall operate as a waiver in respect of any subsequent breach.

All notices or written communications shall be deemed to be delivered to the customer two days after the date of posting.