‘The Firm’ means Mackworth Vehicle Conversion Specialists Ltd. ‘The Customer’ means the Person, Company or Organisation whose order for goods and/or services referred to in a quotation or document issued by the Firm is accepted by the Customer.
‘The Goods’ means the products contracted to be sold by the Firm, to the Customer pursuant to the Customer’s order.
‘The Delivery Point’ means the place specified by the Customer for delivery of goods.
References to Statutes or Statutory Provisions shall include those Statutes or Statutory Provisions as from time to time amended, re-enacted or replaced.
2.1. All estimates are given and orders accepted and the Goods delivered by the Firm subject to and upon the following Terms and Conditions of Sale to which no addition or variation shall apply unless specifically agreed in writing by an authorised representative of the Firm.
IN THE ABSENCE OF SUCH AGREEMENT THE CUSTOMER SHALL UPON DELIVERY OF THE GOODS, OR (WHERE DELIVERY IS BY INSTALLMENT) THE FIRST ITEM THEREFOR, DEEMED TO HAVE GIVEN FINAL AND ABSOLUTE ACKNOWLEDGEMENT OF ITS ACCEPTANCE OF THESE TERMS AND CONDITIONS IN THE FORM HERIN SET OUT.
2.2. No other terms and conditions shall apply notwithstanding any provisions to the contrary which may appear on the Order Form or Purchase Order or any other document issued by the Customer whether or not the same shall be signed by or on behalf of the Firm and whether issued before or subsequent to the acceptance by the Firm or the Customer’s order.
2.3. Acknowledgement of receipt of a Customers enquiry or order or other communication to the Firm in connection therewith shall not constitute acceptance of the order for Contractual purposes.
2.4. The delivery of the Goods (or parts thereof) or the sending by the Firm to the Customer of the written acceptance issued upon the Firms form of acceptance (whichever shall be the earlier) shall alone constitute the Firm’s acceptance of the Customer’s order.
3.1. Prices quoted are those ruling at the date of issue by the Firm of its quotation and are (unless otherwise stated) inclusive of all the packaging and insurance costs, but not the transportation costs which shall for the account of the Customer, will remain valid for a period of 30 days only, from the date of the quotation or offer, unless otherwise expressly agreed by us in writing.
3.2. Prices are (unless otherwise stated) quoted net of all taxes, imposts and levies which are or may from time to time be levied by any Governmental statutory or local authority upon the sale of the Goods, and such additions (if any) shall be charged at the rates prevailing at the date of the invoice as the case may be.
3.3. In the event of the Firm incurring any increase in packaging, insurance, transportation, manufacturing or material costs after the submission of its quotation it shall be entitled upon giving written notification to the Customer to increase its prices and such increased prices shall thereupon become payable by the Customer in respect of any goods already ordered by the Customer.
We cannot accept cancellation of orders for goods made especially to the Customers requirements without compensation for losses arising from such cancellation.
5. Payment Terms
5.1. Upon receipt of order, unless credit terms have been agreed in writing in which case within 30 days of the date of the invoice.
5.2. The Firm reserves the right to charge interest upon any sums due to the Firm and unpaid, such interest to be calculated at the rate of 4% per annum above The Royal Bank of Scotland base rate from time to time ruling from the due date to be the date of settlement.
5.3. No forbearance or indulgence by the Firm shown or granted to the Customer shall in any way affect or prejudice the rights of the Firm to be taken as waiver of the terms of this or any other clause herein.
6.1. Until such time as the price of the Goods has been paid to the Firm in full title to the Goods will remain vested in the Firm. The Firm may without notice of Liability and without prejudice to any other legal remedy repossess any unpaid for Goods.
6.2. Until such time as the title to the Goods shall pass to the Customer it shall hold them as bailee for the Firm, storing them separately from other goods in the keeping of the Customer and identified as belonging to the Firm. If so requested the Customer shall return the goods to the Firm.
7.1. The Firm will use its best endeavours to comply with despatch, collection and delivery dates, but such dates are estimates only and are not guaranteed, neither shall they under any circumstances be deemed to be a term or condition of the contract for sale.
7.2. The Firm shall accept no liability of whatsoever nature for failure to meet such dates, and such failure shall not entitle the Customer to repudiate or cancel the Contract unless such failure shall have been caused by the wilful default or neglect of the Firm.
7.3. The risk in the Goods shall pass to the customer on delivery.
8. Loss/Damage in Transit
The Customer must inspect delivered goods prior to accepting and signing for, to ensure:
a. that they are signing for the same amount of items that they are receiving,
b. packaging needs to be opened and items checked for damage. If the courier driver won't wait for this the delivery must be signed for as "damaged".
The Firm shall accept no liability whatsoever for loss or damage to the Goods in transit prior to delivery unless:
a. goods have been signed for as damaged and / or,
b. we have been notified verbally or in writing of any missing or damaged goods within 4 working hours of receipt.
And the Firms liability shall in any event be limited to a sum equivalent to the invoice price of the lost or damaged Goods.
9. Force Majeure
In the even that the Firm shall be delayed in or prevented from carrying out all or any of its obligations under a Contract for Sale of Goods as a result of any cause beyond its control including (but not by way of limitation) war, invasion, hostilities, civil war, civil strife or commotion, strikes, lock-outs or other industrial disputes, breakdown of plant, failure of third parties to deliver Goods or materials, storm, flood, fire or any other cause, it shall be relieved of all obligations and liabilities incurred under such contract insofar as and for so long as the fulfilment of such obligations and liabilities is thereby prevented, frustrated or impeded.
10. Default or Insolvency of Customer
If the Customer defaults in any way in its commitments with the Firm or suffers any distress or execution upon its property or assets or makes or offers to make any arrangement or composition with its creditors or commits an act of bankruptcy or has a Receiver appointed over all or a substantial part of its assets or a resolution passed or petition filed for winding up then the Firm shall have the right (without prejudice to any other remedies) to cancel any uncompleted order or to withhold or suspend delivery of the goods.
In the event of an order being cancelled by the Firm in the above circumstances or being cancelled by the Customer the Customer shall indemnify the Firm against all loss (including labour, materials and overheads) and all other expenses and damages incurred by the Firm in connection with the order and its cancellation (the Firm giving credit for the value of any materials sold or utilised for other purposes).