GENERAL TERMS AND CONDITIONS OF SALE OF MILLSON ENGINEERING LIMITED
The following terms and conditions (“the Conditions”) are the terms on which Millson Engineering Limited (“the Company”) agree to supply installations and its products within this quotation offer, and supersedes all other terms and conditions relating to the subject matter of these Conditions.
1.1 All quotations given/offers made whether verbally or in writing are subject to confirmation by the Company in writing and no contract shall be concluded until such confirmation is given.
1.2 The Buyer shall be deemed to have accepted the Goods if they have not been rejected on or before the 7th day after delivery. The Buyer shall not be entitled to reject the Goods in whole or in part after such time.
2. PRICE AND PAYMENT
2.1 Prices quoted are ex. Works unless otherwise specified.
2.2 The price (excluding VAT) for the Goods and/or services (“the Price”) shall be the quoted price of the Seller and payment of the Price shall be made by the Buyer within 30 days of the date of invoice for the Goods unless otherwise agreed in writing.
2.3 Unless subject to a valid current quotation prices for goods and services may be varied without prior notice in accordance with market conditions at the time of despatch.
2.4 Under the Late Payment of Commercial Debts (Interest) Act 1998 the Company reserves the right to charge interest on invoiced amounts unpaid for more than 30 days at the rate of 8% above the base rate from time to time of the Bank of England from the due date until the date of payment in full.
The description and quantity of the goods to be sold (“the Goods”) shall be set out in the quotation provided by the Seller to the Buyer.
4.1 The company shall use its best endeavours to adhere to the delivery dates as quoted or where no dates are quoted to deliver goods promptly. No liability can be accepted for any loss whatsoever arising directly or indirectly from any delay in delivery.
4.2 The time stated for delivery is from receipt of complete instructions and necessary 40% deposit and not from date of order.
5. TITLE AND RISK
5.1 The Goods shall be at the risk of the Buyer following delivery.
5.2 Notwithstanding delivery title in the Goods shall not pass to the Buyer until the Buyer has made payment of all sums owed to the Seller.
5.3 Until such time as title in the Goods passes to the Buyer the Seller shall have the right to repossess or otherwise recover the Goods.
5.4 Damage or loss in transit must be notified to ourselves and the Carriers within 3 days of receipt otherwise claims may be delayed or invalid for further consideration.
6. LIMITATION OF LIABILITY
6.1 If goods are sold as new they will be in accordance with the manufacturers’ standard specification.
6.2 Reconditioned and second-hand equipment carries no warranty unless otherwise stated.
6.3 Goods sold as seen carry no guarantee whatsoever.
6.4 Save in respect of personal injury or death due to negligence of the Seller, the Seller shall not be liable to the Buyer in respect of any loss suffered by the Buyer due to any defect in the Goods.
6.5 Without prejudice to Conditions 6.1 to 6.4 the Seller shall not be liable to the Buyer or any third party for any loss of profit, consequential or other economic loss suffered by the Buyer arising in any way from this Agreement.
6.6 Save in respect of personal injury or death due to negligence of the Seller the liability under these Conditions shall not exceed the price.
7. FORCE MAJEURE
The Seller shall not be liable for any default due to any circumstances beyond the reasonable control of the Seller including, but not limited to, Acts of God, war, civil unrest, riot, strike, lock- out, acts of civil authorities, acts of military authorities, fire, flood, acts of terrorism, shortages of supply, failure of the Seller’s suppliers to supply.
8. SITE/INSTALLATION WORK
8.1 Where we undertake site work the customer shall provide all the necessary facilities including suitable access to site, secure storage areas and unloading facilities, adequate lighting, and suitable protection during our time on site and in the intervening time up until project completion, unless otherwise agreed.
8.2 Where the customer provides any trade work (electrical, process control, installation, etc.) in conjunction with the contract, such work should be carried out in proper time so that we are not hindered. Should we incur any extra costs owing to any such hindrance, interruptions, mistakes, etc. for which we are not responsible, such extra costs shall be added by us to the contract price and will be duly settled in full by the customer.
We would not knowingly supply goods which we did not believe complied with all relevant health and safety legislation. We do not, however, necessarily know the purpose for which the customer will utilise the goods and in some cases may not necessarily have operating instructions. In which case it is the customer’s responsibility to make good any omission and to draw all or any relevant safety precautions and/or procedures to the attention of their employees and/or contractors. The customer accepts total responsibility to take all necessary and relevant steps to ensure the goods will be safe and without risk to health and safety when properly used.
10.1 If any term or provision of these Conditions is held invalid, illegal, or unenforceable for any reason by any Court of competent jurisdiction such provision shall be served and the remainder of the provisions hereof shall continue in full force and effect as if these Conditions had been agreed with the invalid, illegal, or unenforceable provision eliminated.
10.2 The Seller may without the consent of the Buyer sub-licence their rights or obligations or any part of these Conditions.
10.3 The headings in these Conditions are for ease of reference only and shall not affect the interpretation of any of the Conditions.
11. ENTIRE AGREEMENT
Each of the parties agrees that save in respect of statements made fraudulently it shall have no remedy in respect of any untrue statement upon which it relied in entering in to this Agreement and its only remedies shall be for breach of contract.
12. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by the laws of England and Wales and the parties hereby submit to the non –exclusive jurisdiction of the Courts of England and Wales