CONDITIONS OF SALE AND DELIVERY FOR M&B SURFACES LTD
To accept our T&C please complete our Declaration by Buyer form.
“Goods” means any good and/or services provided by the Company as ordered by the Client.
“Company” means M&B Surfaces Ltd.
“Buyer” means the person, firm or Company placing an order with the Company.
These terms and conditions apply to any provisions of services or materials by the Company to the buyer.
3) FORMATION OF CONTRACT
All Goods sold by the Company are sold subject to the Company’s standard terms and conditions (as contained herewith) which form part of the buyer’s contract with the Company. Terms and conditions contained within the buyer’s own purchase order or similar documentation shall not be binding upon the Company.
4) ACCEPTANCE OF TERMS – CONTRACTUAL OBLIGATIONS
a) The Company will sell goods/ products and services and the proposed buyer will purchase goods on the conditions set out below unless previously amended by the Company in writing.
b) Any samples of products are sent in good faith and are believed by the Company to be representative. However, these are visual only, there is no implication by the Company the product delivered or supplied will be identical.
c). Any acceptance of a quotation includes acceptance of the Company’s conditions of sale.
All quotations are valid for 30 days only. The Company reserves the right to pass on without notice any unexpected price increase in the supply of goods or services.
6) ESTIMATES FOR INSTALLATION CONTRACTS
a) Through the Company’s M&B Surfaces Ltd’s trading division, the Company may provide estimates rather than official quotations for installation contracts.
In the majority of situations, these estimates are accurate and will represent the actual price shown on the invoice, however if the Company have incurred extra ‘reasonable’ costs that were not apparent whilst providing an estimate the Company reserve the right to pass these costs onto the buyer.
b) If the buyer has provided the Company with measurements, volumes, weights, areas or product quantities to complete a contract whether it be for installation or for simply product supply only and it is determined these calculations are incorrect, the extra costs to supply and/or supply and install the extra product will be transferred to the buyer.
a) All goods must be examined and signed for before the product is tipped or removed from the delivery vehicle. Any signature for and on behalf of the buyer, whether that person be an employee of the buyer or a sub-contracted officer on behalf of the buyer will be treated as acceptance of the goods irrespective of limiting words which the buyer attempts to impose.
b) As a result of the above, the Company cannot be held responsible for any losses whatsoever whether these losses are direct or consequential if the goods have been unloaded and signed for.
c) Although the Company will attempt to provide the buyer with an indication of an approximate delivery time frame, due to the complexities of road transport, this will only go as far as ‘morning or afternoon’ (am or pm). With this in mind, no liability for consequential loss or any other type of liability can be held by the Company for deliveries which fall outside of these estimated delivery guidelines.
d) Upon receipt of an order from the buyer, whether verbal or in writing, it is essential the buyer informs the Company of any delivery access issues or difficulties which may be apparent upon the delivery site. Any costs incurred by the Company due to a vehicle being unable to off load as a result of the buyer failing to advise the Company of such accessibility issues, all costs will be passed on to the buyer accordingly.
e) It is essential the delivery site is safe for the delivery vehicles to unload. It is without question, the delivery driver’s objective decision whether the site is safe to unload the goods. If the driver determines the delivery site is not safe for him or her to unload, the driver will leave site and all delivery costs and consequential costs will be the responsibility of the buyer.
f) Any ordering of the delivery vehicle off the public highway is the responsibility of the buyer, therefore any liability whether it be to property or similarly damage to the vehicle itself as a result of this action, is the responsibility of the buyer.
g) The Company allows the buyer 1 hour for unloading of the delivery vehicle upon the delivery site. Any extension of this time frame, all costs incurred will be passed onto the buyer.
h) A minimum of 24 hours is required to cancel or postpone a delivery, any instructions to the contrary which results in costs to the Company, these costs will be become the responsibility of the buyer.
i) For all installation contracts performed by the Company’s M&B Surfaces trading division, it is essential the buyer provides vehicular access for all relevant machinery and product deliveries to complete the installation contract. Failure to do so will result in all costs being the responsibility of the buyer.
8) PROPERTY and RISK
a) All goods supplied remain the property of the Company until paid for in full.
b) All goods become the risk of the buyer once they have been delivered to the specified delivery address.
c) If instructed to unload the goods at the designated delivery site and for any reason whatsoever the buyer or their agents cannot be on site to sign for the said goods and the goods are unlawfully removed, the liability for the payment of the goods remain with the buyer.
a) The Company reserves the right to perform credit checks upon any potential buyer whether the buyer is a private business (Sole Trader or Partnership) and similarly a Limited Company, PLC or LLP.
b) If the credit check is approved, a credit limit will be assigned to the buyer, this credit limit may be increased or decreased at the discretion of the Company without informing the buyer accordingly.
c) Payment is due 30 days from date of invoice.
d) The Company reserve the right to charge interest on all overdue debts.
e) The Company reserve the right to assign the debt to an external financing Company through a Factoring Agreement. If the debt has been assigned it will clearly state the assignment notice on the footer of each of the invoices submitted. On each and every occasion the buyer must make payment directly to the financing Company as requested and not directly to the Company.
f) VAT at the prevailing rate is to be added to all prices quoted.
g) Payment for contractual work offered by the Company’s M&B Surfaces Ltd’s trading division is always on the basis of 50% of the quoted price paid before the start of the contract and the balance of 50% payment on completion.
h) The Company is entitled to withdraw from any existing contracts without liability.
i) If the buyer is in default with the payment for the goods delivered but in turn sells them on to any third party, such resale shall be deemed as a sale by the buyer as agents on behalf of the Company and therefore the Company will enforce rights of recovery upon the third party purchaser.
j) In the event that the buyer is in default of payment to the Company and subsequently notifies that it is ceasing to trade, enters into any private or commercial voluntary arrangement with Creditors, enters bankruptcy or liquidation (voluntary of through a winding up petition) the buyer acknowledges that the possession of the goods shall cease and the Company shall be entitled to enter the buyer’s premises and recover the goods. All costs incurred for such removal will be made apparent and deducted from the credit note for the goods sent to the buyer (or any other party acting for the buyer) in due course.
10) SALE OR RETURN
The Company does not sell any of it’s products on a ‘Sale or Return’ basis.
11) PRODUCT SPECIFICATION
The Company reserve the right to change product specifications without prior notice.
Any Complaint must be made within writing within 48 hours.
13) FORCE MAJEURE
In the event of war, invasion, act of foreign enemy hostilities (whether war has been declared or not) civil war, rebellion, revolution, insurrection or military or usurped power, the Company shall be relieved of liabilities incurred under this contract wherever and to the extent f which the fulfilment of such obligations is prevented, frustrated or impeded as a consequence of any such event or by statute rules, regulations orders or provisions issued by any government department, council or other duly constituted authority or from strikes, lock outs, breakdowns of plant or any other causes (whether or not of a nature) beyond the sellers control.
The Contract shall be governed by English Law.
All disputes, differences or questions at any time arising between the parties as to the construction of the contract or as to any matter or thing arising out of the contract or in any way connected therewith shall be referred to the arbitration of a single arbitrator who shall be agreed between the parties or who failing such agreement shall be appointed at the request of either party by the National Chairman of the Horticultural Trades Association (HDA) costs of such arbitration to be met equally.
To accept our T&C please complete our Declaration by Buyer form.