Terms and Conditions
CONDITIONS OF SALE
SUMMARY - M.J. Supplies supply goods only subject to these terms and any person (herein after called "The Buyer") supplied by M.J. Supplies, (herein after called "The Company"). Accept that these terms will govern all contractual relations between them to the exclusion of any terms contained in any of the buyer's documents even if the same purport to provide that the buyer's own or some other terms prevail.
No employee or other person acting or purporting to act on behalf of the company is authorised to agree or effect any alteration in these terms or make or give any representation or warranty in relation to the goods save only that the company may in writing agree such alterations or amendments, make or give such representations or warranties.
PAYMENT OF ACCOUNTS - All accounts must be paid no later than the last day of the month following that of invoice. A statement will be sent detailing all invoices and credits during the month. In the event of default in payment the company reserves the right to suspend or cancel credit facilities and to charge interest at 2% above minimum lending rate at monthly intervals on the overdue portion of the account until such a time as the arrears are cleared. It is the BUYER'S RESPONSIBILITY to ensure that payment is made to the company by the due date.
RETURNS - Goods specially ordered and/or manufactured cannot be accepted for credit. Goods correctly supplied may only be returned if accompanied by the relevant invoice details. Goods returned after 4 weeks may only be accepted with authority from the company and will be subject to a 15% handling charge.
DAMAGE OR SHORTAGE - Damage or shortage of any goods found on delivery must be notified to the company within 3 days. Failure to do so will free the company from any liability in this respect.
CARRIAGE - Normally goods will be delivered carriage paid, but the company reserves the right to charge for any special delivery and/or deliveries of small value. No liability will be accepted for non-delivery or delay in delivery.
FITNESS FOR PURPOSE - The company takes every care with regard to the quality and standard of manufacture of the goods it supplies as far as it is able but as they are used for a multiplicity of purposes and the company has no control over the method of application or use. The company excludes so far as it legally may do so any condition or warranty implied by statute or otherwise as to the fitness of its goods for any particular purpose. Any technical co-operation between the company, its suppliers and the buyer shall not affect this condition, which the employees or agents of the company have no authority to vary by express words or otherwise. Under no circumstances shall the company be liable for the loss of profit revenue contracts or other consequential loss or damage however caused.
RESERVATION OF TITLE - Notwithstanding delivery and the passing of the risk, legal and beneficial ownership shall remain in the company until full payment for the goods has been made. Until ownership passes, the buyer shall hold the goods as bailee for the company and must keep the goods free from any charge lien or other encumbrance. The buyer shall have possession of the goods but shall at all times remain accountable to the company on a fiduciary basis in respect of the goods or the proceeds of sale of the goods until payment in full has been made to the company.
The company shall be entitled to repossess all goods not paid for in any sum due in respect of goods remaining unpaid by the due date. The company may also enter upon the premises of the buyer to repossess such goods, and if unable to differentiate between goods supplied and paid for, and similar goods supplied and not paid for, then the stock rotation principle of "First In First Out" shall apply and goods remaining in the buyer's possession shall be deemed, those most recently delivered.
PRICES - Prices shall be as ruling at the day of despatch. Prices may be increased by the company to the extent necessary to enable the company to recover increases in costs incurred by it prior to the date of despatch.
QUOTATIONS - Quotations do not constitute an offer and shall not bind the company until an order has been placed and accepted.
STATUTORY RIGHTS - All orders whether oral or written are subject to these terms but nothing in these terms shall be deemed to affect the statutory rights of a customer.
BUYER'S RIGHTS - The company does not recognise any terms and conditions of contract supplied by the buyer unless specifically acknowledged and agreed in writing. Execution of compliance with or implementation of orders does not imply acceptance of buyer's terms and conditions.
UNFAIR CONTRACT TERMS - The company has drawn these terms of business in the light of the Unfair Contract Terms Act 1977 and considers them to be fair and reasonable and its prices are based on contracts made on those conditions. If the purchaser considers these terms to be unreasonable he must inform the company in writing before any contract is made. Otherwise, he will be deemed to have accepted that the company's terms are fair and reasonable.