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A. Subject to as set out at B below, in these terms and conditions the Seller means James McMahon Limited, the Buyer means the purchaser of the Goods from the Seller and the Goods mean the goods of the Seller purchased by the Buyer.
B. Insofar as these terms and conditions apply to equipment hired by the Seller to third parties, the Goods mean the equipment which the Seller supplies on hire to the Buyer, the Buyer means the person(s) to whom the Seller hires the Goods and the Seller means James McMahon Limited.
1. All quotations, acceptances, undertakings or transactions are subject to these terms and conditions and any additional or different terms proposed by the Buyer shall not amend or modify these terms and conditions and shall, to the extent that they purport to so amend or modify these terms and conditions, be of no effect. The Buyer will be deemed to have agreed to and accepted these terms and conditions upon the placing of any order for Goods.
2. No order in pursuance of any quotation or otherwise shall be binding on the Seller unless and until such order is accepted by the Seller.
3. All prices quoted are exclusive of Value Added Tax where applicable.
4. The Seller reserves the right to vary its prices without notice for any reason whatsoever and unless otherwise agreed in writing, prices for all Goods shall be those ruling at the date when the Seller accepts the Buyer's order for the Goods.
5. Where the Seller has agreed to deliver the Goods to the Buyer, delivery shall be within a time period agreed between the parties and the Seller shall use its reasonable endeavours to ensure that delivery takes place within the period agreed. Failure by the Seller to deliver the Goods within the agreed time period shall not amount to a breach of this contract by the Seller and the Buyer shall not be entitled to damages or other compensation or to cancel this contract by reason of such failure.
6. The Seller reserves the right to deliver in instalments. Each part delivery shall be deemed to constitute a separate contract, the fulfilment or non-fulfilment of which shall not affect any other part of the contract or the contract as a whole.
7. Where any order involves more than one delivery and default is made on payment on the due date (either under this contract or any other contract made between the Seller and the Buyer) the Seller shall have the right to suspend all further deliveries until payment is made or to terminate the contract without prejudice to any existing claim.
8. The Seller shall not be liable to the Buyer for any loss or damage which may be suffered by the Buyer as a direct or indirect result of the supply of the Goods by the Seller being prevented, hindered or delayed.
9. Once delivery has been accepted the Buyer shall not be entitled to withhold or postpone payment of all or any portion of the price agreed therefore.
10.Requests for proof of delivery must be submitted in writing within 60 days of the date of Invoice.
11. Notice of claims for damage to goods or shortages must be given in writing to the Seller within three working days of the date of collection or delivery.
12. Claims for defects in quality, nature, condition etc. of any Goods must be received in writing within three working days of delivery or collection of the Goods to or by the Buyer (as case may be).
13. In the event of such a claim, and upon receipt of the aforementioned notice with the time specified, the Seller shall, if possible, make good the said shortage, and/or as appropriate, replace, without admission of liability, any Goods found to be defective. In the event that it is not reasonably possible either to make good the said shortage or replace the said Goods, the Seller may elect to give credit to the Buyer in respect of such shortage or replacement.
14. The Seller gives no warranty as to the quality or fitness for any particular purpose of the Goods supplied.
15. In no circumstances whatsoever shall the Seller’s liability to the Buyer arising out of or in connection with this contract or the Goods supplied exceed the invoice price of any particular item in regard to which a claim is made by the Buyer. Insofar as any Goods supplied by the seller are found to be defective, in no circumstances shall the Seller be liable to the Buyer (or to any third party) for any consequential losses whatsoever.
16. Notice of claims in relation to errors in pricing or discount must be given in writing by the Buyer to the Seller within 30 days of the date of invoice.
17. Subject to condition 19 below, Goods may be returned by the Buyer to the Seller within 30 days from the date of delivery only. The Goods may be returned by prior arrangement only and are accepted for credit at the sole discretion of the Seller. A 15% handling charge shall apply on all Goods returned for credit. Any additional costs incurred by the Seller such as collection costs will also be recharged.
18. The seller accepts no responsibility or liability where goods have been affected by misuse, neglect, accident, improper storage, installation or handling or by repair or alteration not effected by the seller.
19. Where the goods supplied include doors or flooring, responsibility for the installation and site conditions resides with the buyer and the following installation guidance should be followed by the Buyer:
1. Floors should be installed in accordance with BS5750. No floor should be laid on concrete with a moisture level of 3% or over.
2. Doors should be sealed on all four edges prior to installation.
3. For further information on installation and site conditions contact the manufacturer directly.
20. Returns of non-stock items / special orders, slates, plaster and bagged products will not be accepted. It is the responsibility of the buyer to ensure that correct quantities are ordered.
21. Risk in the Goods shall pass from the Seller to the Buyer on their collection by, or delivery to, the Buyer as the case may be. All Goods supplied to the Buyer, notwithstanding delivery and/or the passing of risk, shall remain the property of the Seller until such time as all monies owing by the Buyer to the Seller, whether in relation to the specific goods or otherwise, have been discharged in full. Furthermore and in the event that the Buyer has not discharged all sums due to the Seller, the Seller reserves the right to repossess any Goods supplied in respect of which payment has not been made and thereafter to sell on these Goods. The Buyer hereby grants an irrevocable right and licence to the Seller, its representatives or agents to enter upon all and any of its premises to recover such Goods. This clause shall be binding on the Buyer, its staff, agents and any receiver, liquidator or examiner or such other person as may be appointed by the Courts.
22. Unless otherwise agreed in writing by the Seller with the Buyer, the Buyer shall effect payment to the Seller for all Goods within 30 days of the end of the month in which the Goods were collected by, or delivered to, the Buyer as the case may be.
23. Interest will be charged on all overdue amounts at a rate of 1% per month from the date that payment is due and this liability this shall apply even in the event that the Seller continues to supply Goods to the Buyer on credit.
24. If the Buyer fails to pay for Goods when due, the Buyer shall pay the Seller all and any charges incurred by it in collecting overdue monies, including debt collector’s fees, solicitor’s fees and/or Court costs.
25. It is at the discretion of the Seller to extend credit to the Buyer. The extension of credit may be withdrawn by the Seller at any time by notice in writing to the Buyer.
26. Deposits received on the order of any Goods shall only be refundable at the discretion of the Seller. Deposits shall not be refunded in respect of any order of non-stock items.
27. Where the Seller agrees to supply Goods on hire to the Buyer, such hire shall by governed by the terms and conditions set out herein and those terms and conditions set out in any documentation signed by the Buyer in advance of such hire commencing SAVE THAT insofar as there is any conflict between the terms and conditions set out herein and any terms and conditions in any such documentation signed by the Buyer in advance of such hire commencing, the latter terms and conditions shall apply to resolve such conflict.
