Conditions of Sale of  Machine Tech Solutions Limited

Company Number - 05531202

 

We make offers and accept orders only upon and subject to the following Terms and Conditions which shall form part of any contract concluded between us to the exclusion of any Terms and Conditions except as specified on the face of our quotation or otherwise in writing.

1:General

 (a): All offers are made subject to acceptance within thirty days after the date of our quotation and to availability of the goods and services at the date of issue of our acceptance of order or confirmation of contract.

 (b): Acceptance must be for goods and services as quoted by us. Drawings, photographs, specifications, dimensions and weights submitted must be taken as approximate only and do not form part of the contract, nor shall be treated as constituting a representation that goods of that type will be supplied.

 (c): All extras services and accessories ordered but not specified in our quotation will be charged for separately as will the costs of all tests, alterations, additions and other work undertaken at buyers request.

 (d): Unless expressly accepted by us in writing any qualifications of these conditions (whether in the buyers order or acceptance of our offer or otherwise) shall be invalid.

 (e): No binding contact will be created by the buyer acceptance of our offer until our written confirmation of the contract has been despatched to the buyer.

2:Prices

 (a): Unless otherwise stated all prices quoted are for services, travel, expenses and goods ex our works packing and carriage cost will be charged as extras for the buyers account.

 (b): All prices quoted are subject to alteration without notice to take account both of fluctuations in the cost of labour and materials and repair of equipment which may occur in the course of manufacturing the goods and (where applicable) of alterations in Import Duty which may occur between the date of our quotation and the date of payment by the buyer.

 (c):We shall be entitled to adjust the price to account of any delay on the part of the buyer in supplying information required to complete his order or of any alteration made by the buyer to specifications or other information supplied by the buyer.

3:Payment and Title of Goods

 It is a condition of this Contract that payment is made on the following basis:

 (a): UK orders: Net cash, cheque with order number or proforma or PayPal.

 (b):Overseas orders: Confirmed irrevocable letter of credit established in London prior to shipment of the goods.

 (c): In certain cases by net monthly account payment in full within 30 days of invoice date. Such account will only be operated after credit investigations at our sole discretion have been satisfactorily completed and a credit limit at the discretion of the company.

Title of Goods

 (a): Title of goods shall not pass until we have received payment in full of the price of the goods and all other monies owing to us by the buyer.

 (b): Until such time as the property in the goods passes to the buyer, the buyer shall hold the goods as our fiduciary agent and bailee and shall keep the goods separate from those the buyer and the third parties and properly stored protected and insured and identified as our property. Until that time the buyer shall entitled to resell or use the goods in the ordinary course of its business but shall account to us for the proceeds of sale of goods and shall keep all such proceeds separate from any monies or property and third parties.

 (c): Until such time as the property in the goods to the buyer (and provided the goods and have not been resold) we shall be entitled at any time to require the buyer to deliver the goods to us and if the buyer fails to do so forthwith to enter upon the premises of the buyer or any third party where the goods are stored and repossess the goods.

 (d): The buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the goods which remain our property but if the buyer does so all monies owning by the buyer to us shall (without prejudice to any other right or remedy which they may have) forwith become due and payable.

4:Late Payment

 (a): We reserve the right at any time to charge interest on late payments with effect from the due date on a day to day basis (at an annual rate of 4% over the sterling base rate from time to time of Lloyds TSB Bank).

5:Acceptance of Conditions

 (a): Acceptance of delivery of the goods shall be deemed conclusive evidence of the buyer's acceptance of these conditions.

6:Health and safety

 (a): The buyer shall be responsible for ensuring that all Statutory, Government or Local Authority regulations are complied with in relation to any goods or services supplied or purchased from us. The buyer shall ensure that all instructions, handbooks, notice and warnings issued by us are properly understood and complied with at all times by all persons using the goods or working within close proximity to them.

7:Delivery and risk to the Goods and Services

 (a): We will use our best endeavours to comply with our quoted delivery dates but we will not be liable for any loss, damage, injury or expense either direct or indirect and including but not limited to loss of profit or liability to third parties which may be suffered by the buyer by reason of late delivery of the goods or services from whatsoever cause such late delivery may arise.

8:Default

 (a):In the event that the buyer fails to make payment for the goods in accordance with condition 3 or fails to take delivery of any of the goods or services due to be supplied by us then all sums outstanding in respect of the goods shall become due and payable immediately and may in our absolute discretion and without prejudice to any other rights we may have:

 (1):Suspend all future deliveries of the goods and services to the buyer under the contract in question or under any other contract and/or terminate any such contract(s) without liability upon our part and/or.

 (2): Require payment of interest on all amounts due at a compound annual rate of 4% above Lloyds TSB Bank base lending rate for the time being prevailing from the date when payment for the goods in question became due to the date of actual payment.

 (b): We may also exercise the rights the rights set out in condition 8(a) (1) (2) above bankruptcy petition is presented against the buyer or if being a limited company any resolution or petition to wind up the buyer (other than for the purpose of amalgamation or reconstruction without insolvency) shall be passed or presented or a receiver appointed over all or parts of its assets.

9:Cancellation

 (a): The buyer shall not be entitled to cancel the contract or any part thereof nor to require delay in its performance without our written consent which will only be given on terms which will indemnify us against all loss.

10:Loss or Damage in transit

 (a): We accept no liability for loss or damage in transit except in the case of goods sold `DELIVERED` and in such case our responsibility will be limited to replacing or repairing the missing or damaged goods or at our option, refunding the purchase price. In any event no claim will be considered unless both the carriers and us are notified in writing within the following time limits:

11:Change of specification

 (a)We reserve the right to make changes at any time and without notice in the materials, dimensions and designs of our products and such changes shall not affect the validity of any contract between the buyer and us.

12:Governing Law

 (a): Any contract between us and the buyer shall be governed in all respects by the laws of England except that the Uniform Law on the International sale of goods shall not apply either in whole or in part. The buyer shall submit to the jurisdiction of the English Courts.

13:Change of specification

 (a): We reserve the right to make changes at any time and without notice in the materials dimensions and designs of our products and such changes shall not affect the validity of any contract between us and the buyer.

14:Packing

 (a): Where goods and repaired equipment are sold packed and/or protection necessary will be at our discretion. Any special packing by the buyer will be charged to the buyers account. Any goods or repaired equipment sent unpacked at the buyer's request will be at the risk of the buyer.

 

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