Terms and conditions MLS Terms and Conditions:
1. GENERAL
(I) Any contract entered into by McIntyre Leisure ( � the Vendor�) for the supply of goods
or services is subject to these conditions. No other terms, or conditions
(including and written on or attached to any purchase order, form, document or
correspondence) shall be included or implied unless previously agreed upon in
writing and signed by an authorised officer of the vendor. No purported
variation of the terms will be effective unless confirmed by the vendor, and in
no event will any customer�s standard terms and conditions
of business apply. No liability shall attach to the vendor, its agents or
employees in respect of any representations or statements made, whether before
or after agreement reached, unless confirmed in writing by the vendor. No
forebearance or indulgence by the vendor in enforcing any terms shall
constitute a variation of it or a waiver of the vendor�s rights under it.
(ii) In the event of any conflict or inconsistency
between these terms and conditions of trading and the terms and conditions of
your order, these items and conditions prevail, unless agreed by the vendor in
writing. No responsibility can be expected nor accepted for inaccuracies of
orders given by telephone.
2. DEFINITIONS
In these conditions the expression�the order acknowledgement� shall mean the form sent
in accordance with these conditions under clause 3, and the expressions�the customer�,�the equipment� and�the price� shall have the respective
meanings shown in the order acknowledgement.
3. ACCEPTANCE
(i) No order shall be deemed accepted by the vendor
unless received in writing and upon receipt of the vendors official order
acknowledgement. Once the vendor has notified the customer of acceptance of the
written order by despatch of the order acknowledgement, the contract between the
vendor and the customer shall be deemed to be made.
(ii) Any quotation issued by the vendor shall be open
for acceptance at any time up
to and including the acceptance date shown on the
quotation. After the expiration of the acceptance date the quotation must be
confirmed in writing by the vendor.
(iii) Any quotation is made on the understanding that
it will be accepted in full. In the event of a partial acceptance of the
quotation by the customer a written revised quotation may be sent by the vendor
to the customer.
4. PRICE
(i) All prices shown on the vendor�s price list or any price
quoted by the vendor are provisional only and shall be subject to variation
without notice.
(ii) Goods are invoiced at the price ruling at the
date of despatch.
(iii) Prices do not include carriage or installations
on deliveries within mainland UK.
unless otherwise stated.
(iv) Prices quoted are exclusive of VAT, which is
chargeable at the current rate.
(v) The vendor reserves the right to amend the price
to cover any alterations in labour, raw material, transport or production costs
or fluctuations in foreign exchange rates in the event that completion of
delivery is delayed for any reason beyond the vendor�s control.
5. PAYMENT TERMS
Terms; 50%
Deposit is required with order/ 50% Balance of payment is due on completion
@ Unless other
terms are stated in writing by the vendor, before the date of despatch of the
invoice. The time for payment shall be the essence of the contract.
In the event of default in payment by the due date the
vendor reserves the right at any time to impose a late payment charge of 2.5%
per month or part thereof on monies overdue, and to suspend or terminate the
contract in respect of any of the equipment remaining undelivered.
6. DELAY
While time of delivery shall not be the essence of any
contract, the vendor shall make every reasonable effort to deliver the
equipment by the agreed delivery date. The vendor shall not be liable for any
delay or for any consequence of any delay in production or delivery of any
goods if caused by fire, strikes, lock-outs, dispute with workmen, flood,
accident, delay in transport, shortage of fuel, default of supplier, inability
to obtain material, embargo, act or demand of any government, government
department or local authority or as a consequence of war or hostilities
(whether war may be declared or not) or by act of God or by any other matter
whatsoever beyond the vendor�s reasonable control. If
any such delay occurs then (unless the cause frustrates or renders impossible
or illegal the performance of this contract or otherwise discharges it) the
period of the vendor to perform its obligations shall be extended by such
period (not limited to the length of the delay) as the vendor may reasonably
require to complete the performance of its obligations.
7. CANCELLATION
(i) Cancellation of an order prior to delivery will be
accepted only on the payment of 10% of the order value. However, if the goods
have been placed in the works, cancellation cannot be made and the full price
is payable.
(ii) Cancellation after delivery and/or after delivery
and installation cannot be accepted and payment must be made in full.
(iii) Cancellation of the order by the customer for
whatever reason shall entitle the vendor to recover any ancillary costs and
expenses incurred over and above those terms laid down in 7(i) and 7(ii) above.
8. DELIVERY AND COLLECTION
(i) Any time or date given by the vendor for delivery
is given as an estimate only and the vendor shall not be liable to make good
any damage or loss arising directly or indirectly from delay or advance in
delivery. Two weeks written notice must be given to the vendor of any change
likely to affect delivery for the change to be implemented.
(ii) The vendor shall arrange for the carriage of the
equipment to the customer unless otherwise specified in the order
acknowledgement. The equipment shall be at the customers risk as from the
moment of delivery to the customer�s premises. Claims
for loss or damage to the equipment in transit shall
be made by the customer directly to the vendor within three days of receipt of
the equipment or if the equipment is not delivered, within 21 days of the date
of the vendors invoice for the equipment.
(iii) Items may be collected from the vendors premises
provided payment is made at the same time or a written order has been charged
to an approved credit account beforehand.
(iv) Part delivery - Each delivery shall be deemed to
be a separate contract for the purpose of these conditions. Failure to comply
with one or more delivery date shall not be deemed to be a repudiation of the
balance of contract.
(v) The vendor reserves the right to charge storage
where the customer delays installation of a non-standard or special order more
than three months after the date of installation requested by the customer.
This rate will be 3% above the current bank base rate multiplied by the sales
contract value of the goods in storage.
9. TRANSFER OF TITLE
Although the customer may acquire possession of the
goods, ownership and title shall not pass to the customer until the customer
has paid all debts in full due to the vendor and until such time the customer
shall:
1. Hold the
goods in a fiduciary capacity as agent for the vendor and shall be accountable
to the vendor for the proceeds of sale of such goods.
2. Inform any sub-purchaser that the goods are sold
subject to retention of title clause and impose a clause in similar terms to
the sub-purchaser providing for the same rights as in this clause.
3. Pay the proceeds of sale of goods belonging to the
vendor into a separate bank account.
4. If requested so to do by the vendor, produce
payment by a sub-purchaser direct to the vendor.
5. In the event of any breach of this clause, if
requested by the vendor, permit the vendor to enter the premises where their
equipment and good are being stored and permit removal of the equipment or
goods into the vendor�s possession.
6. Until full payment has been received, not sell,
charge or otherwise dispose of the equipment (except if it is the express wish
of the vendor to do so), shall keep the equipment safe and insured at its own
expense and shall return the equipment to the vendor on demand.
10. INSTALLATION
1. When installation is to be undertaken by the vendor
the contract price is based upon the particulars supplied by the customer at
the time of quotation. Any additional work or materials found to be necessary
subsequently which was not apparent from the particulars will be charged as
extra.
2. The customer shall allow the vendor adequate opportunity
to install the equipment before ceiling or wall panels, which could conflict
with the installations of any fixed equipment, are put in place.
3. The customer shall allow the vendor adequate
reasonable notice regarding the position of any lighting, heating, ventilation,
public address systems or any other equipment, which will conflict, with the
installation of equipment.
4. The customer shall ensure that all floors and
surfaces are clean and clear of all substances adhering to them before any installation
is commenced and that the floor area is completely clear of all other
scaffolding or equipment and obstructions. In the event that, in the opinion of
the vendor, the surfaces are not properly prepared, the vendor shall not
commence and the customer shall be responsible for any additional costs thereby
incurred.
5. The customer shall be responsible for ensuring
adequate access to the installation site for the vendor to enable installation
to take place. Where a specific completion date is required by the customer,
the vendor may require access to the installation site outside of normal
working hours, in which case such access must be given without the vendor being
liable for any cost by the customer or third parties.
6. The price does not include the supply and
installation of any conduit, power supply, water supply, drainage or cable to
any electrically operated equipment.
7. The colour of the equipment will be that normally
supplied unless variation is agreed in writing.
11. CLAIMS
1. Any claim by
the customer that equipment supplied does not conform to contact must be made
in writing within three days of delivery. The equipment concerned
shall not be subject to any process nor disposed of
until the vendor has had the opportunity to make an inspection and/or test the
equipment. The customer should examine the equipment upon delivery and if any
items are damaged or missing should state details on the goods received note.
Equipment should be signed for�not examined� unless opened on receipt
and found correct, otherwise the vendor cannot accept responsibility.
2. If the equipment is not found to be defective, the
vendor�s costs of inspection shall
be borne by the customer. If the equipment is found to be defective, the vendor
shall at its options replace them or credit the customer with their invoiced
value or part thereof and this shall be the limit of the vendor�s liability.
3. The customer should inform the vendor if the goods
have not been received within three days of despatch (in mainland UK).
12. WARRANTY - For a period of one year
from the date of original purchase from us, all new goods manufactured by us
are warranted for a period of one year, as to workmanship and materials used in
their manufacture, and shall if returned to us, prepaid, be repaired or
replaced free of charge ex our works. Goods not manufactured by us are
warranted only to the extent of the original manufacturer�s warranty, a copy of
which can be inspected at our premises, and our liability shall be limited to
making available to the customer in so far as legally possible the benefit of
such warranty. For these warranties to be operative all claims must be made
immediately the defect becomes apparent, and the defective goods must be
returned to us within 14 days thereof. Written permission must be obtained from
us before returning any equipment claimed defective. We reserve the right to
substitute new or improved equipment on orders or replacements. We accept no
liability for labour, transportation or other charges incurred in the
inspection, repair or replacement of defective goods. This manufacturer�s warranty shall be
invalidated if the goods are interfered with, altered, adjusted or otherwise
tampered with without written permission, or the goods are not handled,
installed or operated strictly in accordance with our and/or the manufacturers
instructions. No guarantee shall be operative unless all amounts due to us
under any contract with the customer are paid in full on the due date. We
accept no liability for any loss or damage to persons or property howsoever
arising whether directly or indirectly attributed to the goods or any defect
therein. Any other conditions or warranties, howsoever expressed or implied,
are expressly excluded, except, and then only in so far as, statute provides
otherwise.
13. INVALIDATION - If the customer shall fail to pay the contract price
to the vendor on the date due or, is a natural person, die or be subject of an
order under the Mental Health Act 1959, or if distress or execution is levied
upon the customers property or assets if the customer shall offer to make a
scheme or arrangement with creditors or commit any act of bankruptcy or, being
a company, has a receiver/manager appointed over any part of its undertaking or
assets or if a resolution for the winding up of the company be passed then the
vendor may treat all sums due or to become due on all accounts as immediately
payable and/or suspend or cancel further deliveries or require payment in
advance or recover the goods which are unsold wherever they are stored or treat
the contract as repudiated by the customer but without prejudice to any other
rights
14. COSTS - In the event of non payment or other default by the
purchaser the vendor shall be entitled to recover all legal costs incurred
thereby and interest on the monies outstanding calculated at 3% over the
current bank base rate on a monthly basis.
15. WAIVER - Waiver by the vendor of any of these conditions shall
not in any way effect the validity of any other conditions herein.
16. MISCELLANEOUS
1. The customer shall not
assign any rights or delegate any duties hereunder.
2. The vendor reserves the
right to subcontract any or all of its obligations hereunder.
3. These conditions shall
be subject to and construed in accordance with English law and the customer
shall submit to jurisdiction of the English Courts.
4. If any dispute as to the
proper interpretation of these terms cannot be settled by mutual agreement it
shall be referred for determination to a single referee pursuant to the
provisions of the Arbitration Act 1950 or any statutory thereof and to be
appointed in default of agreement by the current president of the Law Society.
17. SMALL ORDERS - There is a surcharge of�4 on all orders less than�20 (exclusive of VAT).
