Jackdaw Tools Ltd Approved STIHL and VIKING Dealer

1 INTERPRETATION 1.1 In these Conditions: "Buyer" means any customer of the Seller. "Goods" means any goods sold by the Seller to a Buyer under the Conditions. "Order Acknowledgement Form" means the standard Order acknowledgement form sent by the Seller to the Buyer. "Seller" means Jackdaw Tools Limited a private limited company registered with number 02902720 and whose registered office is at 15-16 Leveson Street, Willenhall, West Midlands, WV13 1DB or Dinstock Limited a private limited company registered with number 03186695 and whose registered office is at The Wergs Golf Club, Keepers Lane, The Wergs, Wolverhampton, West Midlands, WV6 8UA. "Conditions" means these standard terms and conditions of sale and (unless the context otherwise requires) includes any special terms and conditions agreed in Writing between the Buyer and the Seller. "Contract" means a contract for the purchase and sale of Goods. "Quotation" means the quotation supplied by the Seller to the Buyer. "Order" means a written or verbal indication of the Buyer's willingness to enter into a legally binding contract with the Seller for the supply of Goods in accordance with the terms of the Quotation. "Writing" includes facsimile transmission electronic transmission and comparable means of communication. 1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time. 1.3 The headings in these Conditions are for convenience only and shall not affect their interpretation. 2 APPLICATION OF CONDITIONS 2.1 Any Contract made with the Seller for the sale of Goods shall be subject to these Conditions to the exclusion of any other terms and conditions subject to which any such Order is made or purported to be made, or any such Quotation is accepted or purported to be accepted by the Buyer. 2.2 No variation to these Conditions shall be binding unless agreed in Writing between the authorised representatives of the Buyer and the Seller. 2.3 The Seller's employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Seller in Writing. In entering into a Contract the Buyer acknowledges that it does not rely on, and waives any claim for breach of any such representations which are not so confirmed. 2.4 Any advice or recommendation given by the Seller or its employees or agents to the Buyer or its employees or agents as to the storage, application or use of the Goods which is not confirmed in Writing by the Seller is followed or acted upon entirely at the Buyer's own risk, and accordingly the Seller shall not be liable for any such advice or recommendation which is not so confirmed. 2.5 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller. 3 FORMATION OF CONTRACT 3.1 Any Quotation is an invitation to treat only. 3.2 In order to create an offer which upon acceptance pursuant to Condition 3.3 by the Seller is capable of creating a legally binding agreement between the parties the Buyer should submit an Order. 3.3 Any Order supplied to the Seller shall be accepted entirely at the discretion of the Seller and, if so accepted, will only be accepted upon these Conditions by means of the Order Acknowledgment Form. 4 ORDER SPECIFICATIONS 4.1 The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any Order (including any applicable specification) submitted by the Buyer, and for giving the Seller any necessary information relating to the Goods within a sufficient time to enable the Seller to perform the Contract in accordance with its terms. 4.2 The quantity, quality and description of and any specification for the Goods shall be those set out in the Order Acknowledgment Form. 4.3 If the Goods are to be manufactured or any process is to be applied to the Goods by the Seller in accordance with a specification submitted by the Buyer, the Buyer shall indemnify the Seller against all loss, damages, costs and expenses awarded against or incurred by the Seller in connection with or paid or agreed to be paid by the Seller in settlement of any claim for infringement of any patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person which results from the Seller's use of the Buyer's specification. 4.4 The Seller reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable safety or other statutory requirements or whether the Goods are to be supplied to the Seller's specification, which do not materially affect their quality or performance. 4.5 No Order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in Writing of the Seller and on terms that the Buyer shall indemnify the Seller in full against all loss (including loss of profit), costs (including the cost of all labour and material used), damages, charges and expenses incurred by the Seller as a result of cancellation. 4.6 Where Goods other than the Seller's standard products are made by the Seller to the Buyer's Order, the Goods may vary in accordance with normal trade tolerances from dimensions specification by the Buyer in the Order and the Buyer shall not be entitled to make any claim against the Seller in respect of any such variations. 4.7 Notwithstanding that a sample of the Goods be exhibited to and inspected by the Buyer, such sample is so exhibited or inspected solely to enable the Buyer to judge for itself the quality of the bulk, and not so as to constitute a sale by sample. The Buyer shall take the Goods at its own risk as to their corresponding with the said sample, and subject to the normal variation between the bulk and sample accepted by the trade. 4.8 Without prejudice to the generality of the foregoing any particular purpose for which the Buyer proposes to use the Goods shall be deemed not to be known by or have been made known to the Seller unless specifically recorded in a schedule signed by the Seller's authorised representative. The Buyer hereby acknowledges that any purpose stated in such schedule shall be deemed to have been specified by the Buyer. 5 PRICE OF GOODS 5.1 The price of the Goods shall be the prices listed in the Quotation current at the date of acceptance of the Order under Condition 3.3. All prices specially quoted are valid for 30 days only or until earlier acceptance by the Buyer, except in the case of the Seller's special promotions of such Goods when prices specially quoted therein shall be valid for the time stated therein, after which time they may be altered by the Seller without giving notice to the Buyer. 5.2 The Seller reserves the right, by giving notice to the Buyer at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to the Seller which is due to any factor beyond the control of the Seller (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, material or other costs of manufacture) any change in delivery dates, quantities or specifications for the Goods which is requested by the Buyer, or any delay caused by any instructions of the Buyer or failure of the Buyer to give the Seller adequate information or instructions. 5.3 The price is exclusive of any application value added tax, which the Buyer shall be additionally liable to pay to the Seller. 6 TERMS OF PAYMENT 6.1 Subject to any special terms agreed in Writing between the Buyer and the Seller, the Seller shall be entitled to invoice the Buyer for the price of the Goods on or at any time after delivery of the Goods, unless the Goods are to be collected by the Buyer or the Buyer wrongfully fails to take delivery of the Goods, in which event the Seller shall be entitled to invoice the Buyer for the price at any time after the Seller has notified the Buyer that the Goods are ready for collection or (as the case may be) the Seller has tendered delivery of the Goods. 6.2 The Buyer shall pay the price of the Goods within 30 days of the end of the month in which the Seller's invoice is dated, notwithstanding that delivery may not have taken place and the property in the Goods has not passed to the Buyer. The time of payment of the price shall be of the essence of the Contract. 6.3 If the Buyer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to: 6.3.1 cancel the Contract or suspend any further deliveries to the Buyer; 6.3.2 demand payment of all outstanding balances whether or not due and/or cancel any outstanding Orders from the Buyer; 6.3.3 appropriate any payment made by the Buyer to such of the Goods (or the goods supplied under any other contract between the Buyer and the Seller) as the Seller may think fit (notwithstanding any purported appropriation by the Buyer); and 6.3.4 charge the Buyer interest (both before and after any judgment) on the amount unpaid, at the rate of four (4) per cent per annum above Barclays Bank plc base rate from time to time, until payment in full is made. 7 INSOLVENCY OF BUYER 7.1 This Condition applies if: 7.1.1 the Buyer makes any voluntary arrangement with its creditors or becomes subject to an administration Order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purpose of amalgamation or reconstruction); or 7.1.2 an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Buyer; or 7.1.3 the Buyer ceases, or threatens to cease, to carry on business; or 7.1.4 the Buyer has any judgement entered against it; or 7.1.5 the Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly. 7.2 If this clause applies then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Buyer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary and if any of the Goods have not been delivered the Seller may sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract or charge the Buyer for any shortfall below the price under the Contract. 8 RISK 8.1 Risk of damage to, or loss of the Goods shall pass to the Buyer: 8.1.1 in the case of Goods to be delivered otherwise than at the Seller's premises, at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, the time when the Seller has tendered delivery of the Goods; 8.1.2 in the case of Goods to be delivered at the Seller's premises, at the time when the Seller notifies the Buyer that the Goods are available for collection. 8.2 The Buyer shall insure the Goods from the date of their delivery to it until their title has passed to it and the Seller shall be entitled to call for details of the insurance policy. 8.3 If the Buyer shall not insure the Goods or shall fail to supply details of its policy on demand to the Seller then the Buyer shall reimburse the Seller for the cost of any insurance which the Seller may reasonably arrange in respect of any of the Goods during the whole or any part of the period from the date of the Seller's delivery of the Goods until the date of payment to the Seller of the price of the Goods. 9 TITLE RETENTION 9.1 Until the purchase price of the Goods comprised in this or any other contract between the Seller and the Buyer and all other sums whatsoever which are or shall become outstanding from the Buyer to the Seller shall have been paid or satisfied in full (and if by cheque, then only upon clearance): 9.1.1 The property in the Goods remains vested in the Seller (notwithstanding the delivery of the same and the passing of the risk therein). 9.1.2 The Buyer shall store the Goods in such a way that they can be readily identified as being the Seller's property and shall on request inform the Seller of the precise location of each item of the Goods identified where applicable by its serial number, by supplying the Seller at the Buyer's expense within seven days of the Seller's request with a written schedule of the said locations and the Buyer shall notify the Seller without delay of any attachment of the Goods or actions by third parties which might infringe the Seller's title to the Goods. 9.1.3 The Buyer may sell the Goods in the normal course of its business and may pass good title to its customer being a bona fide purchaser for value without notice of the Seller's rights provided that the Seller may at any time revoke the Buyer's said power of sale in the circumstances set out in Condition 6.3 and Condition 7 of these Conditions. 9.1.4 Upon determination of the Buyer's power of sale the Seller shall be entitled by itself its servants or agents to enter upon any of the Buyer's premises for the purpose of removing and repossessing such Goods or their proceeds of sale and the Seller shall be entitled to claim from the Buyer the costs and expenses incurred by the Seller in and ancillary to the process of such removal and repossession. 9.2 Nothing in this Condition 9 shall entitle the Buyer to return the Goods or to delay payment thereof or constitute or be deemed to have constituted the Buyer as the Seller's agent or render the Seller liable to any third party for any unauthorised representation or warranty made or given by the Buyer to such third party in relation to the Goods or prevent the Seller from maintaining an action for the price of the Goods notwithstanding that the property in the Goods may not have passed to the Buyer. 9.3 In the case of sales of goods in Scotland, clause 9.1 hereof shall not apply and in place thereof there shall be substituted the following clause: "9.1(a) Until the purchase price of the Goods comprised in this contract between the Buyer and the Seller shall have been paid in full (and if by cheque then only upon clearance)." and for the avoidance of doubt subclauses 9.1.1 to 9.1.4 inclusive shall continue to apply. 10 LIEN The Seller retains a general lien on any of the Buyer's equipment or materials in its possession for any unpaid balance the Buyer may owe to the Seller. The Seller shall be entitled to sell such equipment or materials in the event that payment is not made in full within 28 days of notice given to the Buyer by the Seller or its exercise of the lien. The proceeds of sale may be taken by the Seller for reimbursement of the expense of exercise of the lien and the sale, and payment of the said balance, and the Seller shall account for any surplus. 11 DELIVERY 11.1 Delivery shall occur when Goods are made available for collection by the Seller at its premises or are transferred to a carrier for delivery to the Buyer's premises. 11.2 Any dates quoted for delivery of the Goods are approximate only and the Seller shall not be liable for any delay in delivery of the Goods howsoever caused. Time for delivery shall not be of the essence unless previously agreed by the Seller in Writing. The Goods may be delivered by the Seller in advance of the quoted delivery date upon giving reasonable notice to the Buyer. 11.3 Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by the Seller to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the Contract as a whole as repudiated. 11.4 If the Seller fails to deliver the Goods for any reason other than any cause beyond the Seller's reasonable control or the Buyer's fault, and the Seller is accordingly liable to the Buyer, the Seller's liability shall be limited to the excess (if any) of the cost to the Buyer (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods. 11.5 If the Buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery instructions or access to his premises so that the Seller is prevented from making delivery at the time stated for delivery (otherwise than by reason of any cause beyond the Buyer's reasonable control or by reason of the Seller's fault) then, without prejudice to any other right or remedy available to the Seller, the Seller may: 11.5.1 store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage and of any unsuccessful attempt to deliver the Goods; or 11.5.2 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage, attempted delivery, insurance and selling expenses) account to the Buyer for the excess over the price the Goods under the Contract or charge the Buyer for any shortfall below the price of the Goods under the Contract. 12 WARRANTIES AND LIABILITIES 12.1 Subject to the conditions set out below the Seller warrants that the Goods will correspond with their specification at the time of delivery and will be free from defects in material and workmanship for a period of 12 months from delivery ("the Warranty Period"). 12.2 The above warranty is given by the Seller subject to the Seller having no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Seller's instructions (whether oral or in writing), misuse or alteration or repair of the Goods without the Seller's approval. The Seller reserves the right to make a handling charge if the Goods are found not to be in breach of warranty. 12.3 IF THE GOODS ARE SOLD BY THE SELLER TO THE BUYER AS A CONSUMER TRANSACTION (AS DEFINED BY THE CONSUMER TRANSACTIONS (RESTRICTIONS ON STATEMENTS) ORDER 1976) THE STATUTORY RIGHTS OF THE BUYER ARE NOT AFFECTED BY THESE CONDITIONS. 12.4 Any warranty claim by the Buyer must be notified to the Seller in Writing (including a description of the fault), the Seller must be allowed to inspect the Goods and (should the Seller request) the Goods must be returned to the Seller's service department (carriage paid) within the Warranty Period. 12.5 Where any valid warranty claim is made in accordance with these Conditions, the Seller at the Seller's sole discretion shall replace the Goods (or the part in question) free of charge or refund to the Buyer the price of the Goods and postage and packing (or a proportionate part of the price in respect of the part in question), but the Seller shall have no further liability to the Buyer. 12.6 Except in respect of death or personal injury caused by the Seller's negligence, the Seller shall not be liable to the Buyer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract for any special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer, and the entire liability of the Seller under or in connection with the Contract shall not exceed the price of the Goods, except as expressly provided in these Conditions. 12.7 UNLESS STATED EXPLICITLY IN WRITING THE SELLER HAS PRICED THIS CONTRACT ON THE BASIS THAT THE SELLER'S LIABILITY FOR CONSEQUENTIAL LOSS HAS BEEN EXCLUDED AND ITS LIABILITY FOR OTHER LOSS HAS BEEN EXCLUDED OR LIMITED BY THESE TERMS. IF THE BUYER WISHES THE SELLER TO BEAR LIABILITY FOR ADDITIONAL LOSS THE SELLER MAY CONSIDER DOING SO BUT ON THE BASIS THAT THE CONTRACT PRICE WILL HAVE TO BE INCREASED TO COVER THE INCREASED RISK. 12.8 The Seller shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Seller's obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Seller's reasonable control. 13 HEALTH AND SAFETY The Buyer's attention is drawn to the provisions of Section 5 of the Health and Safety at Work Act 1974. The Seller will make available on written request such information on the Goods as is in the Seller's possession to ensure that as far as is reasonably practicable they are reasonably safe and without risk to health when properly used. 14 INTELLECTUAL PROPERTY 14.1 The copyright subsisting or which subsequently subsists in all documents, drawings, specifications, designs, programmes or any other material prepared by the Seller whether readable by humans or by machines shall belong to the Seller absolutely and they shall not be reproduced or disclosed or used in their original or translated form by the Buyer without the Seller's written consent for any purpose other than that for which they were furnished. 14.2 The Seller accepts no responsibility for the accuracy of drawings, patterns or specifications supplied by the Buyer. The Buyer shall indemnify the Seller against all claims whatsoever for damages and costs and against all liability in respect of any infringement of patent or other intellectual property rights resulting from compliance with the Buyer's instructions, express or implied and the Buyer will indemnify the Seller against any liability in respect thereof and shall pay all costs and expenses which may be incurred by the Seller in reference to any such claim. The indemnity shall extend to any amount paid on a lawyer's advice in respect of any such claim. 15 INDEMNITY 15.1 If any claim is made against the Buyer that the Goods infringe or that their use or resale infringes the patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person, then (except where Condition 14.2 applies) the Seller shall indemnify the Buyer against all loss, damages, costs and expenses awarded against or incurred by the Buyer in connection with the claim or paid or agreed to be paid by the Buyer in settlement of the claim provided that: 15.1.1 the Seller is given full control of any proceedings or negotiations in connection with any such claim; 15.1.2 the Buyer shall give the Seller all reasonable assistance for the purpose of such proceedings or negotiations; 15.1.3 except pursuant to a final award the Buyer shall not pay or accept any such claim or compromise any such proceedings without the consent of the Seller (which shall not be unreasonable withheld); 15.1.4 the Buyer shall do nothing which would or might vitiate any policy of insurance or insurance cover which the Buyer may have in relation to such infringement, and this indemnity shall not apply to the extent that the Buyer recovers any sums under any such policy or cover (which the Buyer shall use its best endeavours to do); 15.1.5 the Seller shall be entitled to the benefit of and the Buyer shall accordingly account to the Seller for all damages and costs (if any) awarded in favour of the Buyer which are payable by or agreed with the consent of the Buyer (which consent shall not be unreasonably withheld) to be paid by any third party in respect of any such claim; and 15.1.6 without prejudice to any duty of the Buyer at common law, the Seller shall be entitled to require the Buyer to take such steps as the Seller may reasonably require to mitigate or reduce any such loss, damages, costs or expenses for which the Seller is liable to indemnify the Buyer under this Condition. 16 GENERAL 16.1 The Seller reserves the right to sub-contract the fulfilment of the Contract (including any installation) or any part thereof. 16.2 The Buyer shall not assign any rights under this agreement without the prior consent in Writing of one of the Seller's directors. 16.3 Any notice required or permitted to be given by either party to the other under these Conditions shall be in Writing addressed to that other party at its registered office or principal place of business or such other address as may ay the relevant time have been notified pursuant to this provision to the party giving the advice. 16.4 No waiver by the Seller of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same of any other provision. 16.5 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provisions in question shall not be affected thereby. 16.6 The Contract shall be governed by the laws of England and the parties shall submit to the sole jurisdiction of the English Courts.

1 INTERPRETATION 1.1 In these Conditions: "Buyer" means any customer of the Seller. "Goods" means any goods sold by the Seller to a Buyer under the Conditions. "Order Acknowledgement Form" means the standard Order acknowledgement form sent by the Seller to the Buyer. "Seller" means Jackdaw Tools Limited a private limited company registered with number 02902720 and whose registered office is at 15-16 Leveson Street, Willenhall, West Midlands, WV13 1DB or Dinstock Limited a private limited company registered with number 03186695 and whose registered office is at The Wergs Golf Club, Keepers Lane, The Wergs, Wolverhampton, West Midlands, WV6 8UA. "Conditions" means these standard terms and conditions of sale and (unless the context otherwise requires) includes any special terms and conditions agreed in Writing between the Buyer and the Seller. "Contract" means a contract for the purchase and sale of Goods. "Quotation" means the quotation supplied by the Seller to the Buyer. "Order" means a written or verbal indication of the Buyer's willingness to enter into a legally binding contract with the Seller for the supply of Goods in accordance with the terms of the Quotation. "Writing" includes facsimile transmission electronic transmission and comparable means of communication. 1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time. 1.3 The headings in these Conditions are for convenience only and shall not affect their interpretation. 2 APPLICATION OF CONDITIONS 2.1 Any Contract made with the Seller for the sale of Goods shall be subject to these Conditions to the exclusion of any other terms and conditions subject to which any such Order is made or purported to be made, or any such Quotation is accepted or purported to be accepted by the Buyer. 2.2 No variation to these Conditions shall be binding unless agreed in Writing between the authorised representatives of the Buyer and the Seller. 2.3 The Seller's employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Seller in Writing. In entering into a Contract the Buyer acknowledges that it does not rely on, and waives any claim for breach of any such representations which are not so confirmed. 2.4 Any advice or recommendation given by the Seller or its employees or agents to the Buyer or its employees or agents as to the storage, application or use of the Goods which is not confirmed in Writing by the Seller is followed or acted upon entirely at the Buyer's own risk, and accordingly the Seller shall not be liable for any such advice or recommendation which is not so confirmed. 2.5 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller. 3 FORMATION OF CONTRACT 3.1 Any Quotation is an invitation to treat only. 3.2 In order to create an offer which upon acceptance pursuant to Condition 3.3 by the Seller is capable of creating a legally binding agreement between the parties the Buyer should submit an Order. 3.3 Any Order supplied to the Seller shall be accepted entirely at the discretion of the Seller and, if so accepted, will only be accepted upon these Conditions by means of the Order Acknowledgment Form. 4 ORDER SPECIFICATIONS 4.1 The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any Order (including any applicable specification) submitted by the Buyer, and for giving the Seller any necessary information relating to the Goods within a sufficient time to enable the Seller to perform the Contract in accordance with its terms. 4.2 The quantity, quality and description of and any specification for the Goods shall be those set out in the Order Acknowledgment Form. 4.3 If the Goods are to be manufactured or any process is to be applied to the Goods by the Seller in accordance with a specification submitted by the Buyer, the Buyer shall indemnify the Seller against all loss, damages, costs and expenses awarded against or incurred by the Seller in connection with or paid or agreed to be paid by the Seller in settlement of any claim for infringement of any patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person which results from the Seller's use of the Buyer's specification. 4.4 The Seller reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable safety or other statutory requirements or whether the Goods are to be supplied to the Seller's specification, which do not materially affect their quality or performance. 4.5 No Order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in Writing of the Seller and on terms that the Buyer shall indemnify the Seller in full against all loss (including loss of profit), costs (including the cost of all labour and material used), damages, charges and expenses incurred by the Seller as a result of cancellation. 4.6 Where Goods other than the Seller's standard products are made by the Seller to the Buyer's Order, the Goods may vary in accordance with normal trade tolerances from dimensions specification by the Buyer in the Order and the Buyer shall not be entitled to make any claim against the Seller in respect of any such variations. 4.7 Notwithstanding that a sample of the Goods be exhibited to and inspected by the Buyer, such sample is so exhibited or inspected solely to enable the Buyer to judge for itself the quality of the bulk, and not so as to constitute a sale by sample. The Buyer shall take the Goods at its own risk as to their corresponding with the said sample, and subject to the normal variation between the bulk and sample accepted by the trade. 4.8 Without prejudice to the generality of the foregoing any particular purpose for which the Buyer proposes to use the Goods shall be deemed not to be known by or have been made known to the Seller unless specifically recorded in a schedule signed by the Seller's authorised representative. The Buyer hereby acknowledges that any purpose stated in such schedule shall be deemed to have been specified by the Buyer. 5 PRICE OF GOODS 5.1 The price of the Goods shall be the prices listed in the Quotation current at the date of acceptance of the Order under Condition 3.3. All prices specially quoted are valid for 30 days only or until earlier acceptance by the Buyer, except in the case of the Seller's special promotions of such Goods when prices specially quoted therein shall be valid for the time stated therein, after which time they may be altered by the Seller without giving notice to the Buyer. 5.2 The Seller reserves the right, by giving notice to the Buyer at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to the Seller which is due to any factor beyond the control of the Seller (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, material or other costs of manufacture) any change in delivery dates, quantities or specifications for the Goods which is requested by the Buyer, or any delay caused by any instructions of the Buyer or failure of the Buyer to give the Seller adequate information or instructions. 5.3 The price is exclusive of any application value added tax, which the Buyer shall be additionally liable to pay to the Seller. 6 TERMS OF PAYMENT 6.1 Subject to any special terms agreed in Writing between the Buyer and the Seller, the Seller shall be entitled to invoice the Buyer for the price of the Goods on or at any time after delivery of the Goods, unless the Goods are to be collected by the Buyer or the Buyer wrongfully fails to take delivery of the Goods, in which event the Seller shall be entitled to invoice the Buyer for the price at any time after the Seller has notified the Buyer that the Goods are ready for collection or (as the case may be) the Seller has tendered delivery of the Goods. 6.2 The Buyer shall pay the price of the Goods within 30 days of the end of the month in which the Seller's invoice is dated, notwithstanding that delivery may not have taken place and the property in the Goods has not passed to the Buyer. The time of payment of the price shall be of the essence of the Contract. 6.3 If the Buyer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to: 6.3.1 cancel the Contract or suspend any further deliveries to the Buyer; 6.3.2 demand payment of all outstanding balances whether or not due and/or cancel any outstanding Orders from the Buyer; 6.3.3 appropriate any payment made by the Buyer to such of the Goods (or the goods supplied under any other contract between the Buyer and the Seller) as the Seller may think fit (notwithstanding any purported appropriation by the Buyer); and 6.3.4 charge the Buyer interest (both before and after any judgment) on the amount unpaid, at the rate of four (4) per cent per annum above Barclays Bank plc base rate from time to time, until payment in full is made. 7 INSOLVENCY OF BUYER 7.1 This Condition applies if: 7.1.1 the Buyer makes any voluntary arrangement with its creditors or becomes subject to an administration Order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purpose of amalgamation or reconstruction); or 7.1.2 an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Buyer; or 7.1.3 the Buyer ceases, or threatens to cease, to carry on business; or 7.1.4 the Buyer has any judgement entered against it; or 7.1.5 the Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly. 7.2 If this clause applies then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Buyer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary and if any of the Goods have not been delivered the Seller may sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract or charge the Buyer for any shortfall below the price under the Contract. 8 RISK 8.1 Risk of damage to, or loss of the Goods shall pass to the Buyer: 8.1.1 in the case of Goods to be delivered otherwise than at the Seller's premises, at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, the time when the Seller has tendered delivery of the Goods; 8.1.2 in the case of Goods to be delivered at the Seller's premises, at the time when the Seller notifies the Buyer that the Goods are available for collection. 8.2 The Buyer shall insure the Goods from the date of their delivery to it until their title has passed to it and the Seller shall be entitled to call for details of the insurance policy. 8.3 If the Buyer shall not insure the Goods or shall fail to supply details of its policy on demand to the Seller then the Buyer shall reimburse the Seller for the cost of any insurance which the Seller may reasonably arrange in respect of any of the Goods during the whole or any part of the period from the date of the Seller's delivery of the Goods until the date of payment to the Seller of the price of the Goods. 9 TITLE RETENTION 9.1 Until the purchase price of the Goods comprised in this or any other contract between the Seller and the Buyer and all other sums whatsoever which are or shall become outstanding from the Buyer to the Seller shall have been paid or satisfied in full (and if by cheque, then only upon clearance): 9.1.1 The property in the Goods remains vested in the Seller (notwithstanding the delivery of the same and the passing of the risk therein). 9.1.2 The Buyer shall store the Goods in such a way that they can be readily identified as being the Seller's property and shall on request inform the Seller of the precise location of each item of the Goods identified where applicable by its serial number, by supplying the Seller at the Buyer's expense within seven days of the Seller's request with a written schedule of the said locations and the Buyer shall notify the Seller without delay of any attachment of the Goods or actions by third parties which might infringe the Seller's title to the Goods. 9.1.3 The Buyer may sell the Goods in the normal course of its business and may pass good title to its customer being a bona fide purchaser for value without notice of the Seller's rights provided that the Seller may at any time revoke the Buyer's said power of sale in the circumstances set out in Condition 6.3 and Condition 7 of these Conditions. 9.1.4 Upon determination of the Buyer's power of sale the Seller shall be entitled by itself its servants or agents to enter upon any of the Buyer's premises for the purpose of removing and repossessing such Goods or their proceeds of sale and the Seller shall be entitled to claim from the Buyer the costs and expenses incurred by the Seller in and ancillary to the process of such removal and repossession. 9.2 Nothing in this Condition 9 shall entitle the Buyer to return the Goods or to delay payment thereof or constitute or be deemed to have constituted the Buyer as the Seller's agent or render the Seller liable to any third party for any unauthorised representation or warranty made or given by the Buyer to such third party in relation to the Goods or prevent the Seller from maintaining an action for the price of the Goods notwithstanding that the property in the Goods may not have passed to the Buyer. 9.3 In the case of sales of goods in Scotland, clause 9.1 hereof shall not apply and in place thereof there shall be substituted the following clause: "9.1(a) Until the purchase price of the Goods comprised in this contract between the Buyer and the Seller shall have been paid in full (and if by cheque then only upon clearance)." and for the avoidance of doubt subclauses 9.1.1 to 9.1.4 inclusive shall continue to apply. 10 LIEN The Seller retains a general lien on any of the Buyer's equipment or materials in its possession for any unpaid balance the Buyer may owe to the Seller. The Seller shall be entitled to sell such equipment or materials in the event that payment is not made in full within 28 days of notice given to the Buyer by the Seller or its exercise of the lien. The proceeds of sale may be taken by the Seller for reimbursement of the expense of exercise of the lien and the sale, and payment of the said balance, and the Seller shall account for any surplus. 11 DELIVERY 11.1 Delivery shall occur when Goods are made available for collection by the Seller at its premises or are transferred to a carrier for delivery to the Buyer's premises. 11.2 Any dates quoted for delivery of the Goods are approximate only and the Seller shall not be liable for any delay in delivery of the Goods howsoever caused. Time for delivery shall not be of the essence unless previously agreed by the Seller in Writing. The Goods may be delivered by the Seller in advance of the quoted delivery date upon giving reasonable notice to the Buyer. 11.3 Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by the Seller to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the Contract as a whole as repudiated. 11.4 If the Seller fails to deliver the Goods for any reason other than any cause beyond the Seller's reasonable control or the Buyer's fault, and the Seller is accordingly liable to the Buyer, the Seller's liability shall be limited to the excess (if any) of the cost to the Buyer (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods. 11.5 If the Buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery instructions or access to his premises so that the Seller is prevented from making delivery at the time stated for delivery (otherwise than by reason of any cause beyond the Buyer's reasonable control or by reason of the Seller's fault) then, without prejudice to any other right or remedy available to the Seller, the Seller may: 11.5.1 store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage and of any unsuccessful attempt to deliver the Goods; or 11.5.2 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage, attempted delivery, insurance and selling expenses) account to the Buyer for the excess over the price the Goods under the Contract or charge the Buyer for any shortfall below the price of the Goods under the Contract. 12 WARRANTIES AND LIABILITIES 12.1 Subject to the conditions set out below the Seller warrants that the Goods will correspond with their specification at the time of delivery and will be free from defects in material and workmanship for a period of 12 months from delivery ("the Warranty Period"). 12.2 The above warranty is given by the Seller subject to the Seller having no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Seller's instructions (whether oral or in writing), misuse or alteration or repair of the Goods without the Seller's approval. The Seller reserves the right to make a handling charge if the Goods are found not to be in breach of warranty. 12.3 IF THE GOODS ARE SOLD BY THE SELLER TO THE BUYER AS A CONSUMER TRANSACTION (AS DEFINED BY THE CONSUMER TRANSACTIONS (RESTRICTIONS ON STATEMENTS) ORDER 1976) THE STATUTORY RIGHTS OF THE BUYER ARE NOT AFFECTED BY THESE CONDITIONS. 12.4 Any warranty claim by the Buyer must be notified to the Seller in Writing (including a description of the fault), the Seller must be allowed to inspect the Goods and (should the Seller request) the Goods must be returned to the Seller's service department (carriage paid) within the Warranty Period. 12.5 Where any valid warranty claim is made in accordance with these Conditions, the Seller at the Seller's sole discretion shall replace the Goods (or the part in question) free of charge or refund to the Buyer the price of the Goods and postage and packing (or a proportionate part of the price in respect of the part in question), but the Seller shall have no further liability to the Buyer. 12.6 Except in respect of death or personal injury caused by the Seller's negligence, the Seller shall not be liable to the Buyer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract for any special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer, and the entire liability of the Seller under or in connection with the Contract shall not exceed the price of the Goods, except as expressly provided in these Conditions. 12.7 UNLESS STATED EXPLICITLY IN WRITING THE SELLER HAS PRICED THIS CONTRACT ON THE BASIS THAT THE SELLER'S LIABILITY FOR CONSEQUENTIAL LOSS HAS BEEN EXCLUDED AND ITS LIABILITY FOR OTHER LOSS HAS BEEN EXCLUDED OR LIMITED BY THESE TERMS. IF THE BUYER WISHES THE SELLER TO BEAR LIABILITY FOR ADDITIONAL LOSS THE SELLER MAY CONSIDER DOING SO BUT ON THE BASIS THAT THE CONTRACT PRICE WILL HAVE TO BE INCREASED TO COVER THE INCREASED RISK. 12.8 The Seller shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Seller's obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Seller's reasonable control. 13 HEALTH AND SAFETY The Buyer's attention is drawn to the provisions of Section 5 of the Health and Safety at Work Act 1974. The Seller will make available on written request such information on the Goods as is in the Seller's possession to ensure that as far as is reasonably practicable they are reasonably safe and without risk to health when properly used. 14 INTELLECTUAL PROPERTY 14.1 The copyright subsisting or which subsequently subsists in all documents, drawings, specifications, designs, programmes or any other material prepared by the Seller whether readable by humans or by machines shall belong to the Seller absolutely and they shall not be reproduced or disclosed or used in their original or translated form by the Buyer without the Seller's written consent for any purpose other than that for which they were furnished. 14.2 The Seller accepts no responsibility for the accuracy of drawings, patterns or specifications supplied by the Buyer. The Buyer shall indemnify the Seller against all claims whatsoever for damages and costs and against all liability in respect of any infringement of patent or other intellectual property rights resulting from compliance with the Buyer's instructions, express or implied and the Buyer will indemnify the Seller against any liability in respect thereof and shall pay all costs and expenses which may be incurred by the Seller in reference to any such claim. The indemnity shall extend to any amount paid on a lawyer's advice in respect of any such claim. 15 INDEMNITY 15.1 If any claim is made against the Buyer that the Goods infringe or that their use or resale infringes the patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person, then (except where Condition 14.2 applies) the Seller shall indemnify the Buyer against all loss, damages, costs and expenses awarded against or incurred by the Buyer in connection with the claim or paid or agreed to be paid by the Buyer in settlement of the claim provided that: 15.1.1 the Seller is given full control of any proceedings or negotiations in connection with any such claim; 15.1.2 the Buyer shall give the Seller all reasonable assistance for the purpose of such proceedings or negotiations; 15.1.3 except pursuant to a final award the Buyer shall not pay or accept any such claim or compromise any such proceedings without the consent of the Seller (which shall not be unreasonable withheld); 15.1.4 the Buyer shall do nothing which would or might vitiate any policy of insurance or insurance cover which the Buyer may have in relation to such infringement, and this indemnity shall not apply to the extent that the Buyer recovers any sums under any such policy or cover (which the Buyer shall use its best endeavours to do); 15.1.5 the Seller shall be entitled to the benefit of and the Buyer shall accordingly account to the Seller for all damages and costs (if any) awarded in favour of the Buyer which are payable by or agreed with the consent of the Buyer (which consent shall not be unreasonably withheld) to be paid by any third party in respect of any such claim; and 15.1.6 without prejudice to any duty of the Buyer at common law, the Seller shall be entitled to require the Buyer to take such steps as the Seller may reasonably require to mitigate or reduce any such loss, damages, costs or expenses for which the Seller is liable to indemnify the Buyer under this Condition. 16 GENERAL 16.1 The Seller reserves the right to sub-contract the fulfilment of the Contract (including any installation) or any part thereof. 16.2 The Buyer shall not assign any rights under this agreement without the prior consent in Writing of one of the Seller's directors. 16.3 Any notice required or permitted to be given by either party to the other under these Conditions shall be in Writing addressed to that other party at its registered office or principal place of business or such other address as may ay the relevant time have been notified pursuant to this provision to the party giving the advice. 16.4 No waiver by the Seller of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same of any other provision. 16.5 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provisions in question shall not be affected thereby. 16.6 The Contract shall be governed by the laws of England and the parties shall submit to the sole jurisdiction of the English Courts.

Privacy Policy SOP

Jackdaw Tools Ltd ("We", “Our”,”Us”) are pleased to see that you are interested in our website. The protection of your privacy is important to us. Below you will find detailed information about the way we use your data.

Name and contact details of the data controller (as defined under data protection legislation)


Jackdaw Tools Ltd
Leveson Street
WV13 1DB Wolverhampton

ianm@jackdaw.co.uk Telephone: 01902 366551

Purpose of collecting, processing and using your personal data

Any of your personal data that become known to us while visiting our website and making reservations/purchase orders (hereinafter: purchase orders) are treated by us in accordance with the relevant legislation on the protection of personal data; they will be used confidentially by us at all times and will only be collected, processed and used to

(a) ensure the functional operation of the website,
(b) safeguard our own legitimate business interests concerning the provision of consultancy and support for our customers and to ensure customised product design.

In addition to the above, any data you share with us through the ordering procedure will be used by us solely in order to complete and process your purchase order.

Legal basis for the processing of personal data

Data processing takes place in compliance with the EU General Data Protection Regulation (hereinafter: “GDPR”) and on the basis of the following legal principles:

● In cases where we obtain your consent to processing transactions in respect of your personal data, data processing is based on GDPR article 6 (1a).
● Any data that you share with us in the context of purchase orders and which are required for the fulfilment and/or handling of those orders will be processed by us in compliance with GDPR article 6 (1b).
● If data processing is necessary so that we can meet specific legal obligations, then such data processing is based on GDPR article 6 (1c).
● In cases where data processing is required by vital interests of the data subject and/or some other natural person, data processing will take place in compliance with GDPR article 6 (1d).
● If data processing is required to safeguard a legitimate interest of our company or a third party and if they are not in conflict with overriding interests, fundamental rights and/or fundamental freedoms of the data subject, data processing is based on GDPR article 6 (1f).

Retention period, data erasure and blocking of data

On completion of the purchase order, your data will not be used for any other purpose and erased after the retention periods established under tax and commercial law, unless you have expressly consented to the further use of your data.

Moreover, your data will always be deleted as soon as your consent ceases to be available or as soon as they are no longer required for the purpose of data processing. If your data are no longer needed for this purpose and/or your consent is no longer available, thus removing the legal basis, but if your data nevertheless need to be stored further, due to existing statutory, official or contractual obligations (e.g. warranty commitments or financial accounting), data processing will be restricted through the marking and blocking of those data.

Log files

Whenever you visit our website, usage data are transmitted by your internet browser and stored in server log files. Records stored in this way contain the following data: date and time of call, name of site called, IP address, source URL from which you reached our site, type and version of the web browser you used, operating system used by you. Those data will be used exclusively for the purpose of technical communication and to ensure technical operation; once the use of our website has come to an end, they will be erased subject to the proviso of possible statutory retention duties. The legal bases are our fulfilment of statutory obligations concerning data security, our legitimate interest in the technical functioning of our website, the removal of malfunctions and the warranting of security.

Use of cookies

To make visiting our website attractive and to allow the use of certain functions (e.g. purchase orders), we have placed so-called cookies on some of our web pages.

When you call up our website, you are notified of our use of cookies through an info banner, which also draws your attention to our data privacy policy once more.

The legal bases for data processing with the use of cookies are your consent and/or our legitimate interest in the technical functioning and improvement of our range of services.

  • What are cookies?
    Cookies are small text files that are stored on your computer when you visit certain websites. We use cookies to trace what you have in your shopping cart, so that we can send you contact forms and so that we remember you next time you visit our site. To place purchase orders on our website, you need to have activated cookies. If you do not wish to activate cookies, you can still search through the website, but you will not be able to send off contact forms or place purchase orders. Please remember that cookies cannot damage your computer. The cookies we create do not store any identifiable personal information, such as credit card details. We’re giving you this information, so that we comply with the currently applicable legal provisions and to ensure that we respect and protect your privacy when you use our website. If you would like to find out more about cookies in general and how to manage them, please visit aboutcookies.org

  • Managing cookies
    By default, most browsers are configured so that they accept cookies automatically. Once the default settings for cookies have been saved to your browser, all processes run in the background without you noticing them. However, you may wish to change those settings. You can usually set your browser so that you are notified of the use of cookies and so that you can decide from case to case whether to accept them, whether to refuse them in specific instances or whether to refuse them in general.
    Some websites – including ours – cannot, however, be used properly without cookies, as they need certain files for their routines, such as purchase orders. To buy products, you therefore need to have activated cookies. If you do not wish to activate cookies, you can still search through the website, but you will not be able to send off contact forms or purchase products. To manage your cookies, use the guides below for the four most common internet browsers:

Internet Explorer: https://support.microsoft.com/en-gb/products/windows?os=windows-10
Google Chrome: https://support.google.com/accounts/answer/61416?hl=gb-en
Mozilla Firefox: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences
Safari: https://support.apple.com/en-gb/HT201265

  • The most important cookies used on our website:

Note the following list of the most important cookies which we use, together with their purpose:

Image Text

  • Third-party Cookies

    Cookies are also used for the purpose of web analysis services and plugins (e.g. to share content on social media). Further details about such cookies can be found below, under the services we use for our website.

Web analysis using Google Analytics

This website uses Google Analytics, a web analysis service of Google Inc. (hereinafter: "Google"). Google Analytics uses so-called “cookies”, i.e. text files which are saved to your computer and allow us to analyse the use of the website. The information that is created by cookies on your use of our website is usually sent to a Google server in the United States, where it is then stored.

However, if you have activated IP anonymisation for this website, your IP address will not be sent without first being truncated by Google within the Member States of the European Union or other parties to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google server in the United States and then truncated there. Acting at the website operator’s request, Google uses this information to analyse your use of the website, to set up reports on website activities for us as site operators and to provide us with other services connected with website and internet use. The IP address which Google Analytics sends via your browser will not be linked by Google with any other data it may have. You have the option of preventing the storage of cookies through suitable settings in your browser software; please note, however, that this may prevent you from using all the functions of this website to their full potential.

Furthermore, if you wish to prevent the collection of data generated by cookies and relating to your usage of the website (incl. your IP address) by Google and if you wish to opt out of such data being processed by Google, you can download and install a browser plugin from the following link http://tools.google.com/dlpage/gaoptout?hl=en. Further details are available at https://www.google.com/analytics/terms/gb.html and at http://www.google.com/policies/privacy.

You can find more information on the Terms of Use and the Privacy Policy at https://www.google.com/analytics/terms/gb.html and at www.google.com/intl/de/analytics/privacyoverview.html.

To allow the anonymised collection of IP addresses, Google Analytics has been extended to include the code “gat._anonymizeIp();”, so that IP addresses only undergo further processing in truncated form and data cannot be related to specific persons.

Data collected via the web analysis service Google Analytics are also used by Andreas Stihl AG & Co. KG for the optimisation and improvement of this website.

The legal bases are your consent and/or our legitimate interest in analysing the use of our website and the resulting improvements to our range of services.

Use of remarketing or “similar target groups” function of Google Inc.

On our website we use the remarketing or “similar target groups” function provided by Google Inc. (hereinafter: “Google”). By using this feature, providers can send visitors to the website targeted advertising, in other words interest-based adverts personalised for site visitors – adverts which appear when they visit other websites in the Google Display Network. In order to carry out this analysis of website usage, which forms the basis for the creation of interest-based advertisement (remarketing), Google uses so-called cookies. To this end, Google stores a small file containing a sequence of numbers in the browsers of site visitors. The file captures the number of visitors to the website as well as anonymous data on site use. No personal data from the website users will be stored. On subsequent visits to other websites in the Google Display Network, advertisements are displayed that take into account the products and information viewed by the visitor on previously visited websites. Furthermore, if you wish to prevent the collection of data generated by cookies and related to your usage of the website (incl. your IP address) and if you wish to opt out of such data being processed by Google, you can download and install a browser plugin from the following link: http://tools.google.com/dlpage/gaoptout?hl=en

To permanently disable the use of cookies by Google, click the following link and download and install the plugin provided: https://www.google.com/settings/ads/plugin. Alternatively, you can disable the use of third-party cookies by visiting the deactivation website of the Network Advertising Initiative under http://www.networkadvertising.org/choices/ and implementing the further details about an opt-out that are provided. Additional information on Google Remarketing and Google's privacy policy can be found at: http://www.google.com/privacy/ads/.

The legal bases are your consent and/or our legitimate interest in analysing the use of our website and the resulting improvements to our range of services.

Use of Google Adwords Conversion Tracking

As a Google AdWords customer, we use Google Conversion Tracking, an analytics service provided by Google Inc. (1600 Amphitheater Parkway, Mountain View, CA 94043, USA; "Google"). Google AdWords places a cookie on your computer ("conversion cookie") if you have reached our website via a Google ad. These cookies lose their validity after 30 days and are not used for personal identification. If you visit certain pages of us and the cookie has not expired, we and Google may recognize that someone clicked on the ad and was redirected to our site. Each advertiser receives a different cookie. Cookies can not be tracked through the websites of advertisers. The information gathered using the conversion cookie is used to generate conversion statistics for AdWords advertisers who have opted for conversion tracking. Advertisers will see the total number of users who clicked on their ad and were redirected to a conversion tracking tag page. However, they do not receive information that personally identifies users.

If you do not want to participate in the tracking, you can object to this use by preventing the installation of cookies by a corresponding setting of your browser software (deactivation option). You will not be included in the conversion tracking statistics.

For more information from Google, please visit: http://www.google.com/policies/technologies/ads/, http://www.google.com/policies/privacy/.

The legal bases are your consent and/or our legitimate interest in analysing the use of our website and the resulting improvements to our range of services

Microsoft Bing

In addition, we also use Microsoft Conversion Tracking (Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399, USA). It means that Microsoft Bing Ads places a cookie on your computer if you have reached our site via a Microsoft Bing advert. This enables us and Microsoft Bing to see that someone has clicked on an advert, that they have been forwarded to our website and that they have reached a certain target page, which was specified in advance. It only tells us the total number of users who have clicked on a Bing advert and have subsequently been directed to the target page. This procedure does not provide any personal details concerning the user’s identity. Should you not wish to participate in the tracking process, you can reject the placement of such a cookie, e.g. via the browser setting that generally disables the automatic placement of cookies. Further details on data protection and cookies used by Microsoft Bing can be found on the Microsoft website, at https://privacy.microsoft.com/en-GB/privacystatement

The legal bases are your consent and/or our legitimate interest in analysing the use of our website and the resulting improvements to our range of services.

DoubleClick by Google

DoubleClick by Google is a service offered by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (hereinafter: “Google”). DoubleClick by Google uses cookies to present relevant adverts to you. Your browser is assigned an anonymous identification number (ID). This number is used to monitor which ads appear in your browser and which ads have been viewed. The cookies do not contain personal information. DoubleClick cookies only allow Google and its partner sites to display ads that are relevant to you, based on your previous visits to our website or to others on the internet. The information created by the cookies is sent for analysis to a Google server in the United States and is stored there. Google only sends data to third parties if there is a basis in statutory regulations or if this is required for contract data processing. Under no circumstances will Google combine your data with other data collected by Google. By using this website you declare your consent with the processing of your data by Google, in the aforementioned manner and for the aforementioned purpose. You have the option of preventing the storage of cookies through suitable settings in your browser software; please note, however, that this may prevent you from using all the functions of this website to their full potential. Further details on DoubleClick's data privacy can be found here: https://policies.google.com/?hl=en. Furthermore, if you wish to prevent the collection by Google of data generated by cookies and related to your use of the website and if you wish to prevent the processing of such data by Google, you can download and install a browser plugin at https://support.google.com/ads/answer/7395996?hl=en,

The relevant browser plugin can be downloaded and installed under Ad Settings, Extension of DoubleClick Activation, Available Browser Plugins. Furthermore, if you wish to prevent the collection by Google of data generated by cookies and related to your use of the website and if you wish to prevent the processing of such data by Google, you can download and install the browser plugin available here.

The legal bases are your consent and/or our legitimate interest in analysing the use of our website and the resulting improvements to our range of services.

Sharing personal data in the context of order processing

if such data sharing is required for the delivery of your goods, your data is passed on to the relevant shipping company that has been instructed. To handle payments, we disclose your payment details to the partner company and/or credit institution that deals with payments. The payment transaction runs via PayPal as a service provider (PayPal (Europe) S.à r.l. & Cie, S.C.A., 5th floor, 22-24 Boulevard Royal, L-2449 Luxembourg). Details on data protection at PayPal and the data privacy policy of PayPal (Europe) S.à r.l. & Cie, S.C.A. are available on the PayPal website, www.paypal.com. To conduct the relevant payment transaction, we send the following data to PayPal: items purchased and total purchase price.

The legal basis for data processing is the purpose of executing a contract (i.e. order processing).

Data security

As part of the ordering process, your personal data are encrypted and transmitted over the internet. We implement the usual recognised technical and organisational measures to secure our website and other systems against loss, destruction, access, modification and distribution of your data by unauthorized persons, yet we do so without being able to guarantee total protection. Access to your customer account is only possible on entering your personal password. You should keep your access details confidential at all times and close the browser window when you have finished your session with us, especially if you share your computer with others.

Rights of data subjects

As a data subject you are entitled to the following rights:

  • Right of access
    You are entitled to obtain information on the personal data we have stored about you, the length of storage, the processing of data and any recipients of the same. You are also entitled to receive a copy of the personal data forming the subject of data processing.

  • Right to rectification
    You are entitled to require us to rectify any incorrect personal data and to complete any incomplete personal data.

  • Right to erasure (“right to be forgotten”)
    Provided that the legal requirements are in place, you are entitled to require us to erase your personal data. If erasure is prevented by statutory retention duties, data processing is restricted accordingly (see below).

  • Right to the restriction of processing
    Provided that the legal requirements are in place, you are entitled to require us to restrict the processing of your personal data, i.e. to mark your data in such a way that they are restricted for processing in the future (and thus blocked).

  • Right to data portability
    Provided that the legal requirements are in place, you are entitled to require us to send the data you have provided either to yourself or to a data controller appointed by you, in which case we will send them as instructed in a standard, structured and machine-readable format.

  • Right to object to direct marketing
    You are entitled at any time to object to the processing of your personal data for marketing purposes (“objection to marketing”).

  • Right to object to data processing where the legal basis is a “legitimate interest”
    You are entitled to object to our processing of your data at any time, provided that such an objection has its legal base in a “legitimate interest”. In such a case we shall discontinue the processing of your data, unless we can – within the parameters of the law – demonstrate compelling legitimate grounds for further processing, outweighing your own rights.

  • Right to revoke your consent
    If you have given us your consent to the collection and processing of your data, you can revoke the same at any time with future effect. This, however, does not affect the legitimacy of processing your data until the date of revocation.

  • Right to lodge a complaint with the supervisory authority
    You can lodge a complaint with the competent supervisory authority if you believe that the processing of your data has breached applicable law. To do so, you can contact the data protection authority responsible for your place of residence or your federal state or the data protection authority responsible for us.

Contact person

You can contact us directly if you have any questions about the collection, processing or use of your personal data or concerning information, rectification, blocking or erasure of data or about the revocation of any consent you have given. Our contact details can be found in the publication details.

Contact details of appropriate person for Data Protection queries


Jackdaw Tools Ltd
Leveson Street
WV13 1DB Wolverhampton
ianm@jackdaw.co.uk Telephone: 01902 366551

Data Privacy Policy last updated: May 2018

Use of cookies

To make visiting our website attractive and to allow the use of certain functions (e.g. purchase orders), we have placed so-called cookies on some of our web pages.

When you call up our website, you are notified of our use of cookies through an info banner, which also draws your attention to our data privacy policy once more.

The legal bases for data processing with the use of cookies are your consent and/or our legitimate interest in the technical functioning and improvement of our range of services.

What are cookies?

Cookies are small text files that are stored on your computer when you visit certain websites. We use cookies to trace what you have in your shopping cart, so that we can send you contact forms and so that we remember you next time you visit our site. To place purchase orders on our website, you need to have activated cookies. If you do not wish to activate cookies, you can still search through the website, but you will not be able to send off contact forms or place purchase orders. Please remember that cookies cannot damage your computer. The cookies we create do not store any identifiable personal information, such as credit card details. We’re giving you this information, so that we comply with the currently applicable legal provisions and to ensure that we respect and protect your privacy when you use our website. If you would like to find out more about cookies in general and how to manage them, please visit aboutcookies.org

Managing cookies

By default, most browsers are configured so that they accept cookies automatically. Once the default settings for cookies have been saved to your browser, all processes run in the background without you noticing them. However, you may wish to change those settings. You can usually set your browser so that you are notified of the use of cookies and so that you can decide from case to case whether to accept them, whether to refuse them in specific instances or whether to refuse them in general.

Some websites – including ours – cannot, however, be used properly without cookies, as they need certain files for their routines, such as purchase orders. To buy products, you therefore need to have activated cookies. If you do not wish to activate cookies, you can still search through the website, but you will not be able to send off contact forms or purchase products. To manage your cookies, use the guides below for the four most common internet browsers:

-Internet Explorer:
http://windows.microsoft.com/en-GB/windows-vista/block-or-allow-cookies

-Google Chrome:
https://support.google.com/accounts/answer/61416?hl=en-GB

-Mozilla Firefox:
https://support.mozilla.org/en-GB/kb/enable-and-disable-cookies-website-preferences

-Safari:
http://support.apple.com/kb/HT1677?viewlocale=en-GB

The most important cookies used on our website:

Note the following list of the most important cookies which we use, together with their purpose:

Cookie name Cookie purpose
CookieNoticeDisplayed We use this cookie to not display the cookie notice banner, after you have accepted or reviewed our cookie policies.
Cart This is used to identify your current shopping cart as your own.
CartTotalCookie This is used to identify the current count of items in your shopping cart.
__RequestVerificationToken This security cookie is used to validate current requests and protect against cross site request forgery.
lco We use this cookie to identify the last checkout completed during the checkout process for checkout record keeping.

Third-party Cookies

Cookies are also used for the purpose of web analysis services and plugins (e.g. to share content on social media). Further details about such cookies can be found below, under the services we use for our website.

Partner name What their cookies are used for
Google Google Analytics uses cookies for user behavior tracking and other analytics purposes. Link(s) to usage details: http://www.google.com/intl/us_en/policies/technologies/cookies/