In these conditions “the company”, “we”, “us” and “our’ mean The Marlow Partnership trading as MKB Designs.
“contract” means any contract between us and you for the sale and purchase of goods and/or services.
“the customer‘, “you” and “your” means the person or entity ordering the goods and/or services.
“the goods and/or services” means the items sold by us to you and listed on our invoice.
- Where goods are sold under a consumer sale (as defined by the Sale of Goods Act 1979) your statutory rights are not affected by these conditions.
- You accept that these conditions and the documents referred to in them, constitute the entire agreement and understanding of the parties and supersedes any previous agreement and shall apply to all legal relations between yourself and us to the exclusions of any other terms including any conditions warranties or representations written or oral express or implied even if contained in any of your documents which purport to provide that your own terms shall prevail. No variation of these conditions shall be valid unless agreed to in writing and signed by an authorised person on our behalf and on your behalf.
3). No person employed by us nor any of our agents/subcontractors have any authority to make or give any representation or warranties whatsoever whether verbal or written in relation to the Goods. The provision of any quotation or estimate by us does not form part of any offer or representation made by them.
All specifications, drawings, descriptions and catalogues issued by us or on our behalf are intended merely to give a general description of the goods and any person reading them may not rely on anything contained therein as being a representative of fact concerning the Goods or a warranty relating thereto whether as to their condition or otherwise.
4a. We reserve the right to amend the order placed by you and we will then advise you following which you may only on seven days’ written notice cancel the Contract and may pay a cancellation charge of fifteen per cent of the Contract price.
4b. If you request any amendment to your order subsequent to us accepting such order, we shall have no obligation to accept such amendments. Should we choose to accommodate your request for amendments, we shall be entitled to revise the price payable for the goods as may be reasonable to do so.
4c. If you cancel the Contract in circumstances other than those set out in clause 4a you will be liable to us for all costs or work carried out and parts or materials ordered by us up to the date of cancellation.
- Where you request that we supply Goods in accordance with your own specification we shall use reasonable endeavours to supply Goods materially in accordance with such specification but we reserve the right to make changes in such specifications that are necessary to ensure that they conform to any applicable safety or statutory requirement and to make without notice any minor modifications in the specifications that we think necessary or desirable.
TERMS OF PAYMENT
6a. You shall pay us full price of the Goods to us within receipt of the invoice, which we shall be entitled to render when we deliver the goods and services, even if delivery is in fact delayed through no fault of our own. Terms include the requirement to pay fifty percent of the estimated or actual cost of the goods and/or services at order with the remaining fifty percent to be paid at delivery.
6b. If you fail to pay us in full on the due date(s), we shall have the right to:
- Suspend or cancel future deliveries.
- Cancel any discount offered to you.
iii. Claim any interest and fixed sum compensation.
- Recover the cost of taking legal action against you to make you pay.
- You do not have any right to set-off any money you may claim from us against the money you may owe us.
- The price of goods shall be exclusive of any value added tax.
- We shall be under no obligation notwithstanding any agreement to the contrary to provide Goods and/or services due under a contract if we have any doubts as to your solvency and we may in such circumstances (without any liability on our part) withhold Goods and/or services contracted to be sold to you without any repudiation of the Contract being implied or any legal proceedings being necessary.
8a. Whilst we shall make every effort to place the Goods and/or services at your disposal in accordance with any times stated in the Contract, time shall not be the essence in this regard.
- We may deliver the Goods in instalments and each instalment shall be treated as a separate Contract so that failure to deliver or a defect in one or more instalments shall not entitle you to reject the other instalments.
RISK AND TITLE TO GOODS
- Notwithstanding the provisions of the following clause, risk in the Goods shall pass to you immediately upon the Goods leaving our premises.
- Until we have been paid in full for all Goods supplied by us to you any Contract whatsoever between you and us, we shall remain the owner of the goods.
I I. Unless any complaints about the quality or quantity Of Goods are made in writing and received by us within three working days of delivery thereof you shall be deemed to have accepted the Goods. Claims for loss or damage to Goods must be made within three days of delivery of the Goods and claims for non-delivery of Goods must be made within ten days of the despatch date of the goods. Any errors in the quantity of Goods delivered can be claimed for immediately.
12a. We warrant that the goods are of satisfactory quality but do not warrant that the Goods are fit for any specific purpose.
12b. Without limiting the above, we expressly exclude any liability arising from:
- Failure to comply with the instructions for fitting or installation.
- Use of the Goods in excess of performance or load bearing specifications stated in our catalogue: or
iii. Any modification or adaptation made to the goods by you or a third party.
- You shall indemnify us in respect of any loss, injury, expense or claim of whatsoever nature and howsoever arising out of the Contract or the Goods, or their storage, installation, use, operation or maintenance save to the extent that the same is caused by our gross negligence, our servants or agents including our subcontractors.
- Failure by us in enforcing or partially enforcing any of the Contract will not be construed as a waiver of any of its rights under the Contract.
- Any notice or other communication given under these conditions shall be in writing and may be served by sending it by post, prepaid recorded delivery or email.
- If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partially illegal, void, voidable, unenforceable or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
These terms and conditions are governed by the laws of England.