Terms & Conditions
1. The following conditions of sale apply to all contracts of sale made by the company and shall apply even though the buyer may by its order or in any other manner seek to impose contrary or inconsistent terms or conditions or purport to verify modify or negate the same.
2. Prices are based upon current costs and should there be any increase in costs of whatsoever kind, then the company shall be entitled without notice to increase the price by an amount which fairly reflects such increase in costs and the material will be invoiced at the price prevailing at the date of despatch.
3. All delivery dates are approximate only and are not of the essence of the contract. Where delay in manufacture or delivery is due directly or indirectly to holidays, heat, accident, frost, fire, floods, war, strikes, lock-outs, industrial dispute, shortage of labour, materials or fuel, failure of plant or machinery, late receipt of buyers’ specification or any other necessary information, government acts, orders or regulations, delay or failure on the part of any sub-contractor supplier or any third party, or any cause whatsoever not within the company's complete control, then the date for delivery shall be extended for a reasonable time having regard to all the circumstances. Should there by any delay in delivery, whether or not extended as aforesaid, or non-performance resulting from any of the aforesaid causes, the buyer shall not be entitled to recover from the company any compensation, loss of profits, expenses, or damages of any kind whatsoever whether direct or consequential, nor shall it be entitled to cancel the contract providing that the company is able to deliver within a reasonable time, if the company is unable to deliver within a reasonable time the company's liability shall be limited to any additional cost of acquiring the equivalent goods elsewhere.
4. The buyer shall not be entitled to make any claim in respect of short or underweight delivery, unless notice thereof in writing shall have been given to the company within 3 days of delivery. In default of such notice then goods delivered shall be conclusively deemed to be in accordance with contract description in all respects relating to weight and quantity.
5. Provided always that notice of complaint is given to the company in writing within 30 days of delivery, where goods are defective due to faulty manufacture or use of faulty materials, the company will, at its option, either replace such goods or refund the price thereof. No claim for replacement of materials or for a refund in price on the grounds of corrosion will be considered and the company shall have no liability in respect thereof, unless made within 14 days of delivery. Save as aforesaid, the company shall have no liability for any defective goods and any statutory or other warranty, condition or description, express or implied as to the state, quality of fitness of goods, is hereby expressly excluded; nor shall the company in any circumstances be liable to the buyer for any loss of profit, expenditure incurred, loss or damage of any kind, whether direct, special or consequential or whatsoever otherwise sustained or incurred by the buyer by reason of any breach by the company.
6. Goods sold as ‘non-prime’ or goods accepted by the buyer which the company and the buyer agree to be ‘non-prime’ are sold in their actual state, as seen, without warranty and with all faults whether or not the goods have been inspected by the buyer prior to delivery. Any statement, specification, description or other information provided by the company in respect of such goods is given in good faith but the company accepts no responsibility for its accuracy. Under no circumstances will the company be under an obligation to replace or make good such goods or be liable for any claim whatsoever in respect of them. If the buyer shall re-sell such goods the buyer shall ensure that a provision in similar form to this condition is incorporated in the re-sale agreement, unless, prior to reselling the goods, the goods or such part of them as the buyer re-sells are first made to comply with a recognised specification or standard.
7. The risk in the goods shall pass from the company to the buyer upon delivery of such goods to the buyer, where goods are to be collected by or on behalf of the buyer, the risk shall pass immediately on collection. However notwithstanding delivery or collection and the passing of risk in the goods, title and property in the goods, including full legal and beneficial ownership, shall not pass to the buyer until the company has received in cash or cleared funds payment in full for all goods collected by or delivered to the buyer under this and all other contracts between the company and the buyer for which payment of the full price of the goods thereunder has not been paid. Payment of the full price of the goods shall include the amount of any interest or other sum payable under the terms of this and all other contracts between the company and the buyer under which the goods were delivered.
8. In the event of non-payment of any amount due to the company after formal demand, or in the event of the buyer becoming insolvent or committing any act of bankruptcy or entering into any arrangement with its creditors or the arising of any circumstances entitling any debenture holder or secured creditor to appoint a receiver or any person to petition for the buyer's winding up or exercise any other rights or against the buyer's assets the buyer shall permit the company's servants or agents to enter upon its premises and remove the said goods title to which is hereby reserved that may be salvaged or removed, without prejudice to the company's right to receive the full amount due under the contract after giving credit for the value of the goods removed. The buyer shall in those circumstances afford every co-operation to the company's servants or agents in identifying the property of the company and its whereabouts.
9. Payment is to be made in full and received by the company by the last day of the month following the month in which the goods were invoiced. If the buyer fails to make any payment due to the company under this agreement by the due date for payment in accordance with the company’s payment terms, then the buyer shall pay interest on the overdue amount in accordance with the Late Payments of Commercial Debts Act 1998 (as amended). Such interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgement. The customer shall pay the interest together with the overdue amount. The company reserves the right to refer any overdue amount to a third party agency or firm for collection and to add all and any costs associated with such referral to the overdue amount. This clause shall not apply to payments that the buyer disputes in good faith.
10. Where the company has agreed to deliver or forward otherwise than at its premises, it shall not be liable for any loss, damage, delay, detention or mis-delivery in course of transit and it shall be the duty of the buyer to inform the company of non-arrival if the goods or any part thereof have not been delivered within 21 days of the company advice note of disposal and to advise both the company and the carrier immediately if the goods arrive in a damaged state.
11. Where delivery is to be by instalments, failure to make payment for any one instalment shall entitle the company to withhold delivery of further instalments, until payment shall be made and entitle the company to withhold delivery of goods due to be delivered under any other contract with the company.
12. Any advice or information the company may give as to the quality of products, or the reliability, skill or any other quality of any person or company, relating to their processing or otherwise, is given without liability on the company's part and whether or not the company will be negligent in connection therewith.
13. All tests and inspectors required by the buyer shall be made at the works of or place appointed by the company. The findings of such tests and inspections shall be final and binding on the buyer where carried out by or on the company's behalf.
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