Online Shop General terms and conditions
1. The product range of Jungheinrich UK Limited (company no. 00757192) whose registered office is at Sherbourne House, Sherbourne Drive, Tilbrook, Milton Keynes, MK 7 8HX applies exclusively to industry, retail, trades and businesses in the UK.
2. These general terms and conditions shall apply to the supply of products in the online shop by us to a customer and by placing an order with us a customer agrees to these terms and conditions. They are exclusive and these terms and conditions shall apply between us and the customer only. Terms and conditions which deviate from these general terms and conditions are hereby expressly excluded. These general terms and conditions shall prevail over any terms and conditions which the customer purports to apply under any deviating conditions.
3. With each update to the online shop all prices and descriptions of products (hereinafter Products) previously displayed in the Jungheinrich.co.uk online shop become invalid.
B) Formation and object of the contract
1. We aim to process orders within ten working days subject to section D.1.
2. Our quotes are non-binding and apply exclusively to the supply of Products within mainland England, Scotland and Wales. Any customers outside this area should contact us to obtain a quote for any Product listed in the online shop including the cost of delivery to such location. The contract comes into being when our written or electronic order confirmation is transmitted to the customer by standard commercial means of dispatch (e-mail, fax, letter, etc.) following receipt of payment in accordance with section D.
3. We also take telephone orders. If the customer wishes to confirm an order previously placed by telephone in writing as well, either by mail or online, we require a reference to the previously placed telephone order to be made by the customer to us in writing within  days of such telephone call. Otherwise we will process the oral and written orders as two separate orders and fulfil both.
4. Our written order confirmation is binding as to the description of the nature and scope of the Products ordered by a customer. If the order confirmation (including the price of the order) differs from the customer’s order, the ordering party will be considered in agreement to our order confirmation (including the price of the order) unless we are notified by the customer without delay. If the prices of individual Products change after an order is made, we reserve the right to adjust prices. Decorative materials used in the Product illustrations are not included in the price.
5. We reserve the right to make changes to Products pursuant to technological progress and changes in models. We assume no liability for any printing errors or deviations in colour (RAL).
6. [Performance data refers to operation of Products at an air temperature of +20°C, a level concrete floor and dry operating conditions. Even under the aforementioned conditions of usage, deviations from the specified speeds are also admissible within the usual tolerance range
7. We retain the unrestricted proprietary rights (including without limitation copyrights, design rights and trade marks as well as commercial patent rights) to the Products, cost estimates, drawings, pictures, Product illustrations, Product films and all other content including multimedia content of the online shop. Any use, dissemination, in particular transmission, duplication, publication and provision, including copies in excerpted form of any Products and/or content of the online shop, requires our express prior written consent. The Product videos available on our website are intended for the sole purpose of giving an approximate idea of the Products described in them only and do not provide any guarantee and/or warranty as to the Products and their performance of any nature whatsoever. regarding the products advertised. For the avoidance of doubt, our written order confirmation is binding for the description of the nature and scope of our Products. If a contract does not come into being, materials that have been received must be deleted or destroyed immediately.
8. If orders include several Products we are entitled to make partial deliveries, which we will invoice separately.
9. Unless otherwise specified, delivery of ordered Products will be in individual parts. Assembly will be performed by the customer in these cases and at the customer’s cost. If the customer instructs us to perform the installation, the terms and conditions of installation included with the quote shall apply in addition.
C) Delivery period and delay
1. Our delivery time is approximately 3 to 10 working days (as noted in the order confirmation) and begins when our order confirmation is received by a customer, provided the information to be provided by the customer has been received by us and we are in receipt of full and cleared payment in accordance with section D.1. Time for delivery shall not be of the essence.
2. Delivery will be made to the delivery address specified by the customer. If the address specified by the customer is incorrect, incomplete or unclear, the customer shall be responsible for all resulting costs.
3. A defective delivery shall not be considered a delayed delivery. If the Products are damaged on delivery or in transit or less than the correct amount of the Products is delivered, then unless the customer notifies us in writing by the close of business of the third day after delivery no claim against us may be made in respect of damage to or short delivery of such Products.
4. In the event of delay in delivery the customer shall be deemed to accept the Products on such delivery (notwithstanding such later delivery by us).
5. If the customer is late taking delivery or fails to give us adequate delivery instructions, then without prejudice to any other right or remedy available to us, we may (i) store the goods at our facility and invoice the customer for storage, transport and loading fees incurred (including insurance); and/or (ii) sell or supply the Products in or to any third party in any country at the best price readily obtainable and (after deducting all storage and selling expenses) charge the customer for any shortfall below the price in the order confirmation and in either case shall be entitled to charge interest (both before and after any judgement) on the price payable for the Products as set out in the order confirmation at 4% over the base rate of Barclays Bank plc from the estimated date of delivery in the order confirmation to the date of actual delivery, alternative sale or alternative supply.
D) Prices and terms of payment
1. The price set out in the order confirmation (subject to revision for errors and omissions at any time) includes free delivery within mainland England, Scotland and Wales providing there is no information to the contrary for the relevant Product in the online shop. We invoice the VAT separately based on the applicable rate at the time the invoice is prepared.
2. The customer shall make all payments due to us in full prior to delivery of any Products.
3. Payment shall be made as follows: (i) in the event the customer submits an online order to us in respect of a Product we shall telephone the customer to obtain the customer’s credit or debit card details in order to process the payment; or (ii) by invoice or such other means as agreed with the customer. Time for payment shall be of the essence. No payment shall be deemed to have been received until we have received cleared funds. Following receipt of cleared funds, we shall issue the order confirmation to the customer.
4. We transmit order confirmations (and invoices if applicable) to customers in written and electronic format. When the order confirmation (and invoice if applicable) is issued in electronic format the customer is responsible for the costs and risks associated with providing and allowing Internet access and the online connections for retrieving the order confirmation (and invoice if applicable) data.
5. The customer shall not be entitled to make any deduction by way of set-off, counterclaim, discount, abatement or otherwise.
E) Risk and Ownership of and title to Products
1. The Products are at the risk of the customer from the time of delivery.
2. Notwithstanding delivery and passing of risk in the Products to the customer, we shall retain the title to all Products (reserved goods) until full payment of all our payment claims arising from the business relationship with the customer. In the event of an open account, all the reserved goods shall serve as security for the balance claim.
3. Until ownership of and title to all Products owned by us passes to the customer, the customer shall hold the Products separately from those of the customer and third parties and in trust for us. The customer shall keep the Products under its possession or control and shall keep them properly stored, protected and insured and identified as the customer’s property.
4. For as long as the retention of title exists, our written consent is required to resell, pledge or transfer ownership as a means of security, either wholly or in part any Products that remain our property. However, if the customer does so, all monies owing by the customer to us shall (without prejudice to any other right or remedy we may have) forthwith become due and payable.
5. For the avoidance of doubt, the Products shall be presumed to belong to us unless the customer can prove otherwise.
6. If a customer has acquired reserved goods for the purpose of resale, it shall be permitted to do this in the normal course of business but shall account to us for the entire proceeds of sale or for any insurance proceeds. Whenever reserved goods are resold, the customer now assigns to us its entire future claims against its buyer arising from this resale. We hereby accept this assignment. The customer shall be entitled to collect any sums due. This right is also available to us; although we shall not exercise it until the customer fails to comply with its payment obligations or if its financial position deteriorates to a point which jeopardises its payment obligations (for example initiating insolvency proceedings). In such an event, the customer shall, at first request, be required to grant us all the information and documents necessary for collection.
7. Until ownership of and title to any Products owned by us passes to the customer (and providing the Products are still in existence and have not been resold), we shall be entitled at any time to repossess them and shall be fully indemnified by the customer for doing so. We shall be entitled to use or dispose of such Products as we wish.
8. Any processing or alteration of the reserved goods by the customer is always undertaken on our behalf.
F) Claims for material defects and defects in title, Warranty and Liability
1. We warrant that the Products will be free from defects in material and workmanship for the periods set out below commencing from the date of delivery PROVIDED THAT:-
1.1 we shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage or negligence by the customer or persons using the Products, abnormal working conditions, failure to follow our instructions (whether oral or in writing) or misuse;
1.2 we shall be under no liability if the customer or any third party has carried out any modification, alterations, repair, maintenance or service of the Products or has installed any spare parts without our approval;
1.3 where the relevant Product is a truck] we shall be under no liability if the customer has failed to have the Products serviced regularly which for these purposes shall mean service a minimum of once every three months for equipment in single shift operation, once every two months for equipment in double shift operation and once every six weeks for equipment in triple shift operation. All maintenance must be undertaken by following the Originating Equipment Manufacturer’s Maintenance and Servicing Schedules using the Originating Equipment Manufacturer’s parts];
1.4 we shall be under no liability if the total price of the Products has not been paid by the due date for payment;
1.5 any such defect in or failure to meet any such specification by the Products shall be notified to us in writing as soon as reasonably possible after the customer discovers such defect or non conformity; and
1.6 the above warranty does not extend to parts, materials or equipment not manufactured by us, in respect of which the customer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to us and which we hereby assign to the customer so far as we are able.
2. For the purpose of this section F, “single shift operation” shall mean where the Product is put to use for up to 1200 operating hours per annum, “double shift operation” shall mean where the Product is put to use for up to 2400 operating hours per annum and “triple shift operation” shall mean where the Product is put to use up to 3600 operating hours per annum.
3. The warranty in section F.1 shall apply for the following periods:
3.1 in the case of Products with a powered drive unit, the earliest of 1200 operating hours or alternatively a period of twelve months unless specified otherwise in our quotation;
3.2 in the case of Products termed as Hand Pallet Trucks for a period of twenty four months for Standard Models or twelve months for Galvanised, Galvinox or Inox models;
3.3 in the case of spare parts (either as new or replacement), the earlier of 600 operating hours or a period of 6 months for single shift operation, three months for a double shift operation and one month for a triple shift operation, unless specified otherwise in our quotation.
4. In the event of any valid claim under section F.1 above being made by a customer, we shall be entitled to replace or repair the Products (or the part in question) free of charge or, at our sole discretion, refund to the customer the price of the Products (or a proportionate part of the price as appropriate) but we shall have no further liability to the customer. Any component or parts replaced by us shall become our property.
5. There are no warranties, conditions, guarantees or representations, as to quality or fitness for a particular purpose of the Products or other warranties, conditions, guarantees or representations whether express or implied, oral or in writing, except as expressly stated in these terms and conditions.
6. We do not exclude liability for any death or personal injury arising from use or supply of the Products to the extent that it results from our or our employees proven negligence.
7. We do not exclude liability to the customer for any direct physical damage other than death or personal injury to the extent that it results from our or our employee’s negligence up to a maximum of £1,000,000.
8. Except pursuant to section F.6 above, we shall not in any event be liable for any indirect, special or consequential damages, howsoever arising (including but not limited to loss of anticipated profits) in connection with or arising out of the furnishing, functioning or use of the Products and shall not be liable for any other damages except as provided in these terms and conditions.
9. Except pursuant to section F.6 and section F.7 above, in no event shall our liability in respect of any of the Products exceed the price paid for those Products.
10. Except pursuant to section F.6 above, no action, regardless of form, arising out of the transactions under these terms and conditions may be brought by the customer more than two years after the cause of action has accrued.
11. The price for the Products quoted by us to the customer is based on these terms and conditions being applicable. We are willing to negotiate an increased price if the customer considers that it wishes us to accept greater liability than is provided for in these terms and conditions as amended by us in writing.
G) Force Majeure
1. We reserve the right to defer the delivery of the Products or to cancel the order confirmation or reduce the volume of the Products to be delivered to the customer and we shall not be in breach of any of our obligations under these terms and conditions due to circumstances beyond our control including without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riots, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to our or the customer’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate suitable materials.
H) Place of jurisdiction and applicable law
1. The formation, existence, construction, performance, validity and all aspects of these general terms and conditions shall be governed by the laws of England whose courts are the courts of exclusive jurisdiction.
1. If any provisions of these terms and conditions is found to be illegal or unenforceable, in whole or in part, it shall be deemed severable and the remaining provisions of these terms and conditions and the remainder of such provision shall continue in full force and effect.
2. Failure of delay by us in enforcing or partially enforcing any provision of these terms and conditions shall not be construed as a waiver of any of its rights under these terms and conditions.
3. The parties do not intend that any provision of these terms and conditions shall be enforceable by virtue of the Contract (Rights of Third Parties) Act 1999 by any person that is not a party to these terms and conditions.