Malvern Terms and Conditions
TERMS AND CONDITIONS OF SALE 1
FORMATION OF CONTRACT:
1.1 All quotations and orders made or accepted by the Company shall be deemed to incorporate these terms and conditions together with any special conditions stated on or annexed to our quotation.
1.2 No variation of our addition to, or substitution for, such terms or conditions shall be binding on the Company unless expressly accepted by the Company in writing.
1.3 Quotations are made subject to fluctuations in price, whether accruing before or after acceptance.
1.4 The Company reserves the right to withdraw quotations at any time before acceptance.
2 PRICES: Quotations are based upon the Company’s current price levels which in turn are based on the current rate of pound sterling and any relevant foreign currency unit. If owing to alterations in the cost of materials, in wage rates or in other taxes, duties, levies or other expenses or in the rate of exchange caused by any devaluation/revaluation of either currency, the price level of the relevant goods is revised, the prices chargeable shall be those ruling, at the date of despatch.
3 TERMS OF PAYMENT: Unless otherwise stated, all accounts are due for payment 10 working days prior to delivery.
4 TIME FOR DELIVERY: Time for delivery shall not be of the essence of the contract. Whilst we will do our utmost to keep any stated despatch or delivery date, we accept no liability for any damage, consequential loss or any expense incurred resulting from delay howsoever the same shall be caused.
5.1 The title to goods shall not pass to the Buyer until payment has been made of the full contract price and in case of non-payments the Company shall be entitled to repossess or trace the goods or the proceeds of sale in your hands or in the hands of any Liquidator or Receiver.
5.2 The Company reserves the right to repossess any goods sold hereunder to the Buyer in respect of which payment is overdue and thereafter to re-sell the same and for this purpose the Buyer hereby grants an irrevocable right and licence to the Company through its servants and agents to enter with or without vehicles upon all and any premises on which such goods may be. These rights shall continue to subsist not withstanding the termination of this contract whether through the happening of any of the events specified in Condition 9.4 or otherwise and without prejudice to any accrued rights of the Company hereunder.
5.3 Each delivery shall be considered as a separate contract and the failure of any goods in a particular delivery shall not violate the contract as to the remainder.
5.4 Please be aware if a team cannot install due to an inadequate base, no access available due to restrictions or there isn't anyone at the property to accept delivery, a second journey charge will be applicable.
6 SHORTAGES, DAMAGE OR LOSS IN TRANSIT:
6.1 Any claim for alleged shortages or damage however arising will be considered only if -
a) receipt of Goods Note has been signed for as ‘Not Examined’, ‘Damaged’, ‘Incomplete’ or to that effect and reported within 28 days from date of delivery/erection otherwise we cannot be held responsible for their correction.
b) a written complaint is made to us and to the carriers (where applicable) within three days of receipt of goods.
c) we are given an opportunity to inspect/rectify.
d) the Buyer shall prove to the Company’s satisfaction identification of the goods in question.
6.2 Any claim to goods lost in transit will be considered only if a written complaint is made to us and to the carriers within 21 days of despatch by rail or ten days if by road.
6.3 Glass - we will replace broken glass only if it is reported within three days of delivery.
7 GUARANTEE AND GENERAL LIABILITIES:
7.1 Goods are not tested or sold fit for any particular purpose and any term warranty or condition expires or condition express emptied or statutory to the contrary is excluded. In no circumstances whatsoever shall the Company’s liability (in contract, tort or otherwise) to the Buyer arising out of or in connection with this contract or the goods supplied hereunder exceed the invoice price of the particular piece(s) concerned. Notice of claims arising out of or in connection with this contract must be given in writing to the Company within seven working days from the date when the goods are collected or delivered, failing which all claims shall be deemed to be waived and absolutely barred. The Company shall be under no liability whatsoever unless the Buyer can prove to the Company’s satisfaction identification of the goods complained of.
7.2 When the Company is asked for advice as to the suitability of any product, such advice will be given to the best of our ability and in good faith but such advice is given only to the express condition that we are exempt from liability for failure in performance.
7.3 We shall not be liable for any consequential loss, injury or damage of any nature whatsoever arising out of this contract or in connection with any goods sold thereunder.
7.4 Storm Damage - we cannot be held responsible for storm damage to buildings. This should be covered by your insurance.
7.5 The Company guarantees for 12 months to replace any defect caused by faulty workmanship and / or materials supplied excluding any movement, splitting and shrinkage which occurs naturally in timber or through faulty groundworks.
8 FORCE MAJEURE: We shall be entitled to cancel or rescind any contract without liability for any loss or damage resulting therefrom if performance of our obligations under the contract is in any way affected by war, riot, restraint of Government, strike, lockout, dispute, with workpeople, shortened hours of labour, fire, accident, non availability of materials, stoppage or interference with transport compliance with Government requirements, or any cause which we had no power to avert. 9 CANCELLATION OR SUSPENSION:
9.1 No cancellation, suspension or variation of this contract requested by the Buyer shall be valid unless agreed with us in writing and such agreement will only be given, subject to adequate compensation for expenses incurred in connection with the contract and for the loss of profit.
9.2 In addition to the above compensation, the Company may impose a cancellation charge at its discretion.
9.3 If we are asked to store goods, or if we have to store goods because of the fault of the customer after the goods are ready for despatch, the customer shall pay storage and all other charges. The storage will be at the customer’s risk and will not entitle the customer to postpone payment of any other right vested in the company.
9.4 If the Buyer enters into a Deed of Agreement or compounds with his creditors or if receiving order is made against him or (if a company) an order for winding up is made or a resolution for winding up is passed or if a receiver is appointed or if the Buyer becomes insolvent in the event of any breach of this contract by him, the Company may stop any goods in transit and suspend further deliveries and may determine the contract without prejudice to any existing claim. Nothing in this contract shall prejudice any other right vested in the Company.
10 RETURNING OF GOODS:
10.1 In the event of the Buyer wishing to return goods for any reason whatsoever, permission for such returns must be first obtained from us in writing.
10.2 Where the goods have been correctly supplied, and we have agreed to accept their return, a handling charge will be made of up to 50% of the original cost at our discretion.
11 LAW APPLICABLE: These terms and any contract between the parties shall in all respect be construed and have effect according to English Law.