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THESE TERMS AND CONDITIONS ARE NOT FOR ONLINE SALES -  WE DO NOT YET SELL ONLINE

 

M & S  Shutter Services Ltd

Terms and Conditions

1 GENERAL

ALL QUOTATIONS MADE AND ORDERS ACCEPTED ARE SUBJECT TO OUR STANDARD CONDITIONS OF SALE AND NO ALTERATIONS TO THESE CONDITIONS SHALL TAKE EFFECT UNLESS CONFIRMED IN WRITING BY US

2  VALIDITY

QUOTATIONS AND PRICES ARE SUBJECT TO WITHDRAWEL OR ALTERATION IN WHOLE OR PART AT ANY TIME.  UNLESS OTHERWISE STATED BY US IN WRITING QUOATATIONS ARE OPEN FOR ACCEPTANCE WITHIN 30 DAYS OF DATE THEREOF

3 PRICES

UNLESS OTHERWISE SPECIFIED IN QUOTATIONS, OUR PRICES , SUBJECT TO ERRORS AND OMISSIONS, INCLUDE FOR THE SUPPLY ONLY OF THE ITEMS SPECIFIED.  PRICES CHARGED WILL BE THOSE RULING AT THE DATE OF DESPATCH.  WE RESERVE THE RIGHT TO CHANGE PRICES AND / OR SPECIFICATIONS AT ANY TIME WITHOUT PRIOR NOTICE.  ALL PRICES ARE  EXCLUSIVE OF V.A.T., WHICH WILL BE CHARGED AS APPLICABLE.

4  CARRIAGE

CARRIAGE COSTS WILL BE CHARGED IN FULL ON ALL DELIVERIES UNLESS PREVIOUSLY AGREED BY US.

5 DELIVERY

DELIVERY DATES EX-WORKS NAMED BY THE CUSTOMER OR QUOTED IN GOOD FAITH BY US ARETO BE TREATED AS ESTIMATES NOT INVOLVING ANY CONTRACTUAL OBLIGATIONS.  WE SHALL NOT LIABLE FOR ANY DAMAGE OR LOSS WEATHER ARISING  DIRECTLY  OR INDIRECTLY OUT OF DELAY IN DELIVERY.  OUR ADHERANCE TO PROMISED DELIVERY DATES IS SUBJECT TO NOT BEING DELAYED IN INSTRUCTIONS OR LACK THEREOF  FROM THE CUSTOMER OR HIS AGENT, OR BY INDUSTRIAL DISPUTES OR BY ANY CAUSE WHATSOEVER BEYOND OUR REASONABLE CONTROL.  ANY ASSISTANCE GIVEN BY THE CARRIER  BEYOND THE USUAL PLACE OF COLLECTION ORN DELIVERY  SHALL BE AT THE SOLE RISK OF THE CUSTOMER  WHO WILL KEEP THE CARRIER INDEMNIFIED AGAINST ALL CLAIMS OR DEMANDS WHICH COULD NOT HAVE BEEN MADE IF SUCH ASSISTANCE HAD NOT BEEN GIVEN.

6  DAMAGE / LOSS IN TRANSIT

GOODS SHALL BE EXAMINED ON ARRIVAL AND ANY DAMAGE OR LOSS ENTERED ON THE CARRIERS NOT, OR THE CARRIERS NOTE SIGNED ‘ UNEXAMINED ‘.  IN THE EVENT OF ANY DAMAGE OR LOSS NOTIFICATION  MUST BE GIVEN IN WRITING TO THE CARRIER AND OURSELVES WITHIN 7 DAYS OF RECIEPT OF THE GOODS, GOODS AND PACKAGING BEING HELD FOR CARRIERS INSPECTION.  DAMAGED GOODS WILL NOT BE CREDITED OR REPLACED IF USED.  NOTIFICATION MUST BE MADE TO US IF GOODS ARE NOT RECIEVED WITHIN 10 DAYS OF DESPATCH.

7  PAYMENT

WHERE NO ACCOUNT EXISTS SUBJECT TO OUR APPROVAL GOODS WILL BE DESPATCHED ONLY ON RECIEPT OF CASH AGAINST PROFORMA INVOICE.  TERMS OF PAYMENT FOR ACCOUNT CUSTOMERS ARE STRICTLY NET PAYABLE AT THE END OF THE MONTH FOLLOWING DELIVERY.  NEW ACCOUNTS WILL BE OPENED ON THE RECIEPT OF TWO SATISFACTORY TRADE REFERANCES AND A BANKERS REFERANCE.  THE RIGHT IS RESERVED TO CHANGE INTEREST AT THE RATE OF 7 % PER MONTH ABOVE BARCLAYS BANK BASE RATE FOR EACH MONTH THAT PAYMENT IS OVERDUE.

8   CANCELLATION

CANCELLATION OF ORDERS FOR PURPOSE MADE EQUUIPMENT CANNOT BE ACCEPTED ONCE PRODUCTION HAS COMMENCED.  IN THE EVENT OF CANCELLATION OF ANY ORDER ( FOR STANDAERD OR SPECIAL EQUIPMENT ),  OR GOODS BEING RETURNED BY AGREEMENT, A HANDLING CHARGE OF 10 % OF NET INVOICE VALUE WILL BE MADE.

9   GUARANTEE

WHERE EQUIPMENT IS OF OUR MANUFACTURE, WE UNDERTAKE TO REPAIR OR REPLACE, FREE OF CHARGE, ANY SUCH PIECE OF EQUIPMENT OR PART THEREOF USED UNDER NORMAL CONDITIONS FOR WHICH THE UNIT WAS DESIGNED, WHICH IS FOUND TO BE FAULTY IN EITHER MATERIALS OR WORKMANSHIP WITHIN TWELVE CALENDAR MONTHS OF THE DATE OF DESPATCH FROM OUR WORKS, FAIR WEAR AND TEAR, MISUSE OR DAMAGE DUE TO DEFECTIVE INSTALLATION BY CUSTOMERS  EXCEPTED.  THE EXTENT OF OUR LIABILITY IN CONNECTION WITH COMPONENT PARTS AND EQUIPMENT NOT OF OUR MANUFACTURE IS LIMITED TO THE EXTENT OF THE GURANTEE GIVEN BY THE MANUFACTURER OF THAT PART.  RESPONSIBILITY IS LIMITED TO THE REPAIR OR REPLACEMENT OF THE UNIT OR PART THEREOF AND IN NO CASE ARE WE TO BE LIABLE FOR CONSEQUENTIAL LOSS OR DAMAGE.  OUR RESPONSIBILITY UNDER THIS CLAUSE SHALL CEASE IF (a) THE CUSTOMER HAS NOT PAID IN FULL ALL INVOICES FOR GOODS SUPPLIED BY US WITHIN THE TIME LIMIT STIPULATED BY THESE CONDITIONS.  (B) OUR REPRESENTATIVES ARE DENIED FULL AND FREE ACCESS TO THE GOODS.  (C)  THE CUSTOMER PERMITS PERSONS OTHER THAN OUR OWN EMPLOYEES OR AGENTS OR THOSE APPROVED OR AUTHORISED BY US TO EFFECT ANY REPLACEMENT OF PARTS TO THE GOODS.  (d)  THE CUSTOMER HAS NOT PROPERLY MAINTAINED THE GOODS.  (e)  THE CUSTOMER USES ANY SPARE PARTS OR REPLACEMENTS NOT MANUFACTURED BY OR ON BEHALF OF US, AND SUPPLIED BY US.

10 RETENSIION OF TITLE

ALL GOODS REMAIN THE PROPERTY OF M & S SHUTTER SERVICES Ltd, UNTIL PAYMENT IN FULL HAS BEEN RECIEVED.  UNTIL SUCH PAYMENT HAS BEEN MADE THE CUSTOMER SHALL HOLD ALL GOODS AND ITEMS INCORPORATING THE GOODS, AS TRUSTEES FOR M & S SHUTTER SERVICES Ltd, AND MUST NOT REMOVE ALTER OR DEFACE  ANY IDENTIFICATION MARK PLACED ON THE GOODS.

11  DEFAULT

SHOULD DEFAULT BE MADE MADE BY THE CUSTOMER IN PAYING ANY SUMDUE WE SHALL HAVE THE RIGHT EITHER TO SUSPEND ALL FURTHER DELIVERIES UNTIL THE DEFAULT IS MADEGOOD OR TO CANCEL THE ORDER SO FAR AS ANY GOODS REMAIN TO BE DELIVERED.

 

12 THIRD PARTY LIABILITY

WE SHALL NOT BE RESPONSIBLE FOR DAMAGE, INJURY OR LOSS OF ANY KIND WHATSOEVER TO ANY PROPERTY OR PERSONS HOWSOEVER ARISING FROM THE USE OF THE GOODS OR OTHERWISE IN CONNECTION WITH THE INSTALLATION OR ERRECTION OF THE SAME.  NOR SHALL WE BE RESPONSIBLE FOR ANY ADDITIONAL RISKS WHICH THE CUSTOMER’S  INSURANCE COMPANY MAY CONSIDER TO HAVE BEEN UNDERTAKEN BY REASON OF THE DELIVERY, INSTALLATION OR USE OF THE GOODS SUPPLIED.

13 PATENTS

THE CUSTOMER SHALL INDEMNIFY US AGAINST ALL DAMAGES, PENALTIES, COSTS AND EXPENSES TO WHICH WE MAY BE BECOME LIABLE IF ANY WORK IS DONE IN ACCORDANCE WITH THE CUSTOMER’S  SPECIFICATIONS INVOLVING AN INFRINGEMENT OF A REGISTERED DESIGN OR PATENT

14  FORCE MAJEURE

IN THE EVENT OF WAR, INVASION, ACT OF FOREIGHN ENEMY HOSTILITY ( WEATHER WAR HAS BEEN DECLARED OR NOT )  CIVIL WAR, REBELLION, A REVOLUTION, INSURRECTION  OR MILITARY  OR UNSURPED POWER WE SHALL BE RELIEVED OF LIABILITIES  INCURRED UNDER THE CONTRACT  WHEREVER, AND TO THE EXTENT WHICH THE FULLFILMENT OF SUCH OBLIGATIONS IS PREVENTED, FRUSTATED, OR IMPEDED ASA CONSEQUENCE OF ANY SUCH EVENT OR BY ANY STATUTE, RULES, REGULATIONS, ORDERS OR REQUESITIONS ISSUED BY ANY GOVERMENT DEPARTMENT, COUNCIL OR OTHER DULY CONSTITUTED AUTHORITY, OR FROM STRIKES, LOCK OUTS, BREAKDOWN OF PLANT ORB ANY OTHER CAUSES ( WEATHER OR NOT OF A LIKE NATURE ) BEYOND OUR CONTROL.

15   LEGAL CONSTRUCTION

THE CONTRACT SHALL IN ALL ASPECTS BE CONSTRUED AND OPERATED AS AN ENGLISH CONTRACT AND IN CONFORMITY WITH ENGLISH LAW.