2. CONSTRUCTION

A person includes a natural person, corporate or
unincorporated body (whether or not having separate
legal personality).
A reference to a party includes its personal
representatives, successors or permitted assigns.
A reference to writing or written includes e-mails.

3. APPLICATION OF CONDITIONS

Unless modified by special arrangements in writing
by the Supplier, these Terms and Conditions apply to
the Contract to the exclusion of any terms and
conditions proposed or stipulated by the Customer or
which are implied by trade, custom, practice or course
of dealing.

The Contract constitutes the entire agreement between
the parties and the Customer acknowledges that, aside
from as specifically stated in the Contract, it has not
relied on any statement, promise or representation
made or given by or on behalf of the Supplier which
is not set out in the Contract.

Any samples, drawings, descriptive matter, or
advertising produced by the Supplier and any
descriptions or illustrations contained in the
Supplier’s  website are produced for the sole purpose

of providing an indication of the Goods described in them and t hey
shall not form part of the Contract.

4. ORDERS

The Order constitutes an irrevocable offer by the
Customer to purchase the Goods in accordance with
these Terms and Conditions. The Customer is
responsible for ensuring that the terms of the Order
and any applicable Specification submitted by the
Customer are entirely complete and accurate for the
Customer’s intended purpose.


Orders must be placed in writing and must include the
payment of the Deposit as requested by the Supplier
in its discretion.


The Order shall only be deemed to be accepted when
the Supplier issues a written acceptance of the Order
on a Sales Order Form, at which point the Contract
shall come into existence and be binding on the
parties. On the written acceptance of an Order, a
unique reference number will be given to the
Customer by the Supplier. Full payment of the
balance must be paid prior to or upon the release of
the goods in accordance with clause 11.

A quotation for the Goods given by the Supplier shall
not constitute an offer capable of acceptance . A
quotation shall only be valid for a period of 30
Business Days from its date of issue.

The Supplier reserves the right to refuse any Order in
its absolute discretion.

5. GOODS

Almost all of the Goods are created as bespoke items
for the Customer with unique styles, finishes and
materials available for the Customer to choose. An
indication of the Goods available to be ordered are
described in the website with each Goods subject to the

agreement of a bespoke Specification.

To the extent that the Goods are to be
manufactured in accordance with a Specification
supplied by the Customer, the Customer shall
indemnify the Supplier and continue to indemnify
the Supplier against all liabilities, costs, expenses,
damages and losses (including any direct, indirect
or consequential losses, loss of profit, loss of
reputation and all interest, penalties and legal and
other professional costs and expenses) suffered or
incurred by the Supplier in connection with any
claim made against the Supplier for actual or
alleged infringement of a third party's Intellectual
Property Rights arising directly or indirectly out
of or in connection with the Supplier's use of the
Specification. This clause 5 shall survive
termination of the Contract.

The Supplier reserves the right to amend the
Specification if it deems it commercially appropriate
and/or if required by any applicable statutory or
regulatory requirements.


The Supplier reserves the right (in its absolute
discretion) to vary the technique, design, construction
and Specification without notice (“Variation”). Such
Variation may result in an amendment to the
Specification from the described photographic
illustration or specification included in the website of the Supplier.

Where the Supplier supplies Goods to the Customer
which are made to Specification, the Customer will
have no right to cancel the Order or to any refund of
any amount paid unless work has not been started by
the Supplier and a fee may be payable in accordance
with clause 20.

6. PRICE

The price of Goods shall be the price set out by the
Supplier in the Proforma Invoice , or, if no price is
quoted, the price which is current at the date of
delivery as set out in the Supplier’s published price
list in force as at the date of delivery.

The Supplier may, by giving notice to the Customer at
any time before Delivery, increase the price of the
Goods to reflect any increase in the cost of the Goods
that is due to:
(a) any factor beyond the Supplier's control
(including foreign exchange fluctuations,
increases in taxes and duties, and increases in
labour, materials and other manufacturing costs);
(b) any request by the Customer to change the
date(s)for Delivery, quantities or types of Goods
ordered, or the Specification;
(c) any delay caused by any instructions of the
Customer or failure of the Customer to give the
Supplier adequate or accurate information or
instructions; or
(d) any breach by the Customer of the terms of this
Contract.

The price of the Goods is exclusive of the costs and
charges of packaging of the Goods, which shall be
invoiced to the Customer separately if requested
by the Customer in writing.

7. VAT

The Customer shall remain responsible for the
packaging of the Goods unless agreed otherwise in
writing with the Supplier. The price of the Goods is
exclusive of amounts in respect of VAT. The
Customer shall, on receipt of a valid VAT invoice
from the Supplier, pay to the Supplier such additional
amounts in respect of VAT as are chargeable on the
supply of the Goods.

Customers in the EU must pay VAT unless a valid EC
VAT number is provided. No VAT will be charged on
goods shipped directly to countries outside the EU on
the provision that the Supplier receives the necessary
export documentation from the Customer within three
months from the date of the invoice. If the necessary
documentation is not received, VAT will be invoiced
to the Customer and will be immediately payable by
the Customer.

VAT will be charged on goods collected by hand and
taken outside the EU. VAT will be reimbursed within
20 Business Days of the Supplier receiving a valid
stamped HM Revenue & Customs Retail Export
Scheme form from the Customer and any other
documentation or information the Supplier may
request from time to time.

VAT will be charged in the Supplier’s discretion if
the Customer is a new customer of the Supplier’s
and/or the Customer has failed to promptly provide a
valid stamped HM Revenue & Customs Retail Export
Scheme form and/or other required documentation. If
charged incorrectly VAT will be reimbursed to the
Customer within 20 Business Days of the Supplier
receiving from the Customer a valid stamped HM
Revenue & Customs Retail Export Scheme form
and/or other required documentation.

8. PAYMENT

The Supplier may invoice the Customer for the Goods
on or at any time after the acceptance of an Order and
may be subject to the payment of the Deposit.

The Deposit shall be paid by the Customer
immediately upon the agreement and acceptance of
the Proforma Invoice by the Customer signing the
Proforma Invoice or providing to the Supplier its
written acceptance of the same.

The Customer shall pay the invoice in full and in
cleared funds within 20 days of the date of the invoice
or prior to collection of the Goods, whichever is
earlier. Time of payment is of the essence.

The Customer shall pay all amounts due under the
Contract in full without any deduction or withholding
except as required by law and the Customer shall not
be entitled to assert any credit, set-off or counterclaim
against the Supplier in order to justify withholding
payment of any such amount in whole or in part. The
Supplier may at any time, without limiting any other
rights or remedies it may have, set-off any amount
owing to it by the Customer against any amount
payable by the Supplier to the Customer.

Payment can be accepted in pound sterling only and 

can be made by Bank transfer (to the account details
given below), PayPal or by credit or debit card.

 Credit card details can be phoned through and will be destroyed by the Supplier once
processed. The Supplier does not accept credit card
details by e-mail. This is not a secure method of
transferring information and the Supplier does not
accept any responsibility or liability for the safety of
any sensitive details sent by this method.

Customers must remit stating their unique reference
number as the payment reference.

The Supplier’s bank details are as follows:



All bank or transfer charges are to be paid by the
Customer with the Supplier receiving the full amount
stated on the invoice.

9. CUSTOMER'S INSOLVENCY OR
INCAPACITY

If the Customer becomes subject to any of the
relevant events listed at (a)-(g) of this clause 9, or the
Supplier reasonably believes that the Customer is
about to become subject to any of them, then, without
limiting any other right or remedy available to the
Supplier, the Supplier may immediately cancel or
suspend all further deliveries under the Contract or
under any other contract between the Customer and
the Supplier without incurring any liability to the
Customer, and all outstanding sums in respect of
Goods delivered to the Customer shall become
immediately due and payable.

For the purposes of this clause 9, the relevant events
are:
(a) any meeting of creditors of the Customer is held
or any arrangement or composition with or for

the benefit of its creditors (including any
voluntary arrangement as defined in the
Insolvency Act 1986) is proposed or entered into
by or in relation to the Customer (other than for
the purpose of a bona fide reconstruction or
amalgamation);
(b) a supervisor, receiver, administrator,
administrative receiver or other encumbrancer
takes possession of or is appointed over or any
distress, execution or other process is levied or
enforced (and is not discharged within seven
days) upon the whole or any substantial part of
the assets of the Customer;
(c) the Customer ceases or threatens to cease to carry
on business or is or becomes unable to pay its
debts within the meaning of Section 123 of the
Insolvency Act 1986;
(d) a petition is presented, or a meeting is convened
for the purpose of considering a resolution, for
the making of an administrative order, the
winding-up, bankruptcy or dissolution of the
Customer;
(e) the Customer's financial position deteriorates to
such an extent that in the Supplier's opinion the
Customer's capability to adequately fulfil its
obligations under the Contract has been placed in
jeopardy;
(f) (being an individual) the Customer dies or, by
reason of illness or incapacity (whether mental or
physical), is incapable of managing his or her
own affairs or becomes a patient under any
mental health legislation; and
(g) any event analogous to any of the foregoing
occurs in any jurisdiction.

Termination of the Contract, however arising, shall not affect either of the parties' rights and remedies that
have accrued as at termination. Clauses which
expressly or by implication survive termination of the
Contract shall continue in full force and effect.

10. LEAD-TIMES

Lead-times can vary due to the bespoke nature of the Supplier’s 

business and are dependent on receipt of the Deposit,
the Customer supplying all other necessary
information required for the Order and complying
with these Terms and Conditions. Any lead -time or
delivery date specified by the Supplier is provided as
a guide only and the Supplier, JAVmar, reserves the right to alter

lead times or change them at any time.

11. COLLECTIONS AND SHIPPERS

The Supplier will inform the Customer when the
Goods are available to be collected. Customers should
collect the Goods or instruct their representative or
shippers to pick up the Goods from:


Andy Clayton’s Workshop

156 Bank Street,

Macclesfield

Cheshire

SK11 7AY

OR

Jerrard Lockett’s Studio

138 Lockbridge Way

Milnsbridge

Huddersfield

W.Yorks

HD3 4NJ

9.00am – 5.00pm Monday – Friday during Business Hour

Alternatively, the Supplier will post Goods to the Customer

Using the Royal Mail Postal Service or other similar Courier,

The cost of which will be borne by the Customer unless

Specified and alternatively arranged differently between the 

Supplier and the Customer.

257709899428390.