Terms & Conditions!

1. DEFINITIONS

In these conditions:
“The Company” means M.J.M Design & Draughting Ltd
“The Purchaser” means the persons, firm or company entering into the contract with the Company.
“The Conditions” means the conditions herein contained relating to the sale of the goods.
“The Contract” means the contract between the Company and the Purchaser, created upon acceptance of the Purchaser’s order.
“The Goods” means the goods supplied hereunder in accordance with the order.

“The Service” means the services supplied hereunder in accordance with the order.
“The Order” means the order placed by the Purchaser, based on the Company’s quotation.
“The Quotation” means the quotation provided by the Company to the Purchaser.

2. GENERAL

(a) Quotations for and acceptance of all orders are subject to these conditions and shall govern the contract to the exclusion of all other terms and conditions. The Purchaser shall be deemed to have accepted these conditions on placing the order.

(b) No addition to or variation from these terms and conditions shall have effect unless the same are expressly accepted by the Company in writing under the hand of a director of the Company.

(c) The conditions represent the entire agreement and understanding of the parties and supersede and prior agreements, representations, or undertakings.

3. PRICE

(a) The price for goods will be as provided in the quotation and confirmed to the Purchaser in the Company’s invoice.

(b) The Company reserves the right to vary from the price quoted to the extent that such variation is required to cover increases in the cost of supplying the goods between quotation and delivery to the Purchaser. Prices at the date of delivery shall therefore prevail.

4. PAYMENT

(a) Unless Otherwise Stated, payment shall be made within 30 days following the month of invoice and confirmed to the Purchasers in the Company’s invoice.

(b) In the event of late or part-payment, interest at the rate of 5% above the Company’s bank base lending rate shall be charged on the sum outstanding daily until full payment is received.

(c) All prices quoted are exclusive of VAT, carriage, insurance, packing and all other duties including import taxes or levies required to be paid under the contract.

5. DELIVERY

(a) The appointment of carriers is at the Company’s sole discretion unless the Purchaser indicates a specific carrier prior to quotation.

(b) All reasonable efforts will be made to the Company to fulfil delivery dates provided that reasonable notice of such date is given by the Purchaser. Time is not of the essence in the contract.

(c) The Company will consider repair or replacement of goods damaged or lost in transit where delivery is made by the Companies carrier providing written notice of such damage or loss is provided within 2 days by the Purchaser.

6. RISK AND PROPERTY

(a) Risk in the goods passes on delivery.

(b) Title in the goods will not pass to the Purchaser until payment in full of the invoice.

(c) Where the Purchaser sells goods on to a third-party title will pass immediately before the goods are delivered to such third party.

(d) Where the goods are attached to, or incorporated in other goods, o altered, title will not pass by virtue of such attachment or alteration, where the goods can be detached or removed.

(e) The Purchaser is required to store the goods supplied separately from any other goods in its possession until title has passed in accordance with sub-paragraphs (b) and (c) above.

(f) If the Purchaser is overdue in payment for the goods or other goods supplied by the Company, the Company may recover and sell the goods. The Company shall be entitled to take possession of the goods and is hereby granted licence to enter the Purchaser’s premises for such purpose and may, if necessary, detach or remove the goods from other goods or equipment. This will not affect any other right the Company may have against the Purchaser.

(g) Until payment for the goods and all other goods which are supplied under these conditions:
(i) the Purchaser shall hold the goods upon trust for the Company.
(ii) if the goods are sold the Purchaser shall hold the proceeds of sale on trust for the Company in a separate bank account specifically designated for this purpose.
(iii) the Company reserves the right to trace the proceeds of sale received into any bank or other account which the Purchaser maintains.
(iv) if the goods are sold the Company may by written demand require an assignment of the Purchaser’s right to recover the price from any third party.
(v) if the Purchaser incorporates the goods into, or uses the goods for manufacture of other goods, before payment in full of the price, the Company shall be entitled to take possession of the new goods and is hereby granted a licence to enter the Purchaser’s premises for the purpose of recovering the new goods. The Company shall be entitled to sell the new goods (subject to any third-party rights therein) and shall retain from the proceeds of sale the amount outstanding to the Company for the goods and pay any balance remaining to the Purchaser.

7. WARRANTY AND LIABILITY

(a) Subject to the conditions and set out below, the Company warrants that the goods will be free from defects in material and workmanship for a period of 13 months from the date of delivery and shall replace any goods which the Purchaser proves to the satisfaction of the Company to be faulty in accordance with this condition.

(b) The warranty given in paragraph (a) is subject to the following conditions.
(i) the Company shall be under no liability in respect of any defect in the goods arising from any specification of the Purchaser provided in its order or any tender.
(ii) the Company shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Company’s instructions, misuse or alteration or repair of the goods without the Company’s written approval.
(iii) the Company shall be under no liability under the above warranty if the total price for the goods has not been paid by the due date for payment.
(iv) the above warranty does not extend to parts, materials or equipment not manufactured by the Company, in respect of which the Purchaser shall only be entitled to the benefit of any warranty or guarantee provided by the manufacturer thereof to the Company.

(c) Subject as expressly provided in these conditions, all warranties, conditions, or other terms implied by statute or common law are expressly excluded to the extent permitted by law.

(d) Except in respect of death or personal injury caused by the Company’s negligence (or implied under the Consumer Safety Act 1987) the Company shall not be liable to the Purchaser by reason of any representation, implied warranty, condition or other term or under the express terms of the contract for any consequential compensation whatsoever arising out of the supply of goods and the Company’s liability for direct loss (otherwise than for death or personal injury) shall be limited to the value of the invoice for the contract.

8. STORAGE

The Company shall levy a storage charge to the Purchaser for all goods stored by the Company withing 1 month of the following:
(i) the Purchaser failing to collect any goods from the Company’s premises following written notification of availability for collection;
(ii) the Purchaser failing to take delivery of the goods or failing to make arrangements for delivery upon written notification of readiness for dispatch.

9. RETURNS/CANCELLATION

(a) The Company will not accept the return of any good without its prior written consent.

(b) Where such consent is provided goods shall be returned at the Purchasers expense.

(c) Credit for goods returned will be provided by the Company at the goods resale value, less a handling fee of 30%, provided that the goods are returned in a condition suitable for resale.

10. ALTERATIONS/MODIFICATIONS

The Company make such alterations or modifications as it deems necessary to the goods or their manufacture without notice to the Purchaser from time to time.

11. NOTICES

All notices to be given under the contract shall be given by prepaid first class post or facsimile to the registered office or principal place of business of the party to be notified and shall be deemed to have been delivered if by letter at the expiration of 48 hours after posting and if by facsimile on receipt.

12. TERMINATION

Without prejudice to any other remedies the Company may have against the Purchaser. The Company may terminate the contract on notice to the Purchaser, upon the Purchaser becoming bankrupt or insolvent or upon a resolution to wind up the Purchaser being passed, or a receiver, administrative receiver or administrator being appointed and shall be entitled to take possession of all goods supplied and unpaid for, in accordance with paragraph 5 hereof.

13. FORCE MAJEURE

The Company shall be entitled to cancel the contract or reduce the quantity of goods to be provided if it is prevented from providing the goods through any circumstances beyond its reasonable control including (but not limited to) industrial action, war, fire, or prohibition or enactment of any kind, and will not be liable for any loss or damage incurred whatsoever arising there from.

14. GOVERNING LAW

The contract shall be governed by English law and subject to the exclusive jurisdiction of the High Court in England.