The expression “the Seller” in these conditions shall mean MOULD GROWTH CONSULTANTS LIMITED. All goods are sold upon the following conditions and no document of the Buyer may effect any variation or contradition of these conditions or add to them unless such variation contradition or addition is specifically accepted in writing by a duly authorised representative of the Seller.
- PRICES AND TERMS OF PAYMENT
Unless otherwise agreed in writing, the Seller reserves the absolute right at any time without any notice whatsoever:
a) to vary the terms for payment allowed to the Buyer.
b) to vary the quoted price for Goods to conform with the Seller’s prices for such Goods ruling at the date of despatch or to take account of any increase in wages, salaries or cost of materials between the date of order and the date of delivery.
c) to vary the quoted price due to any statutory imposition.
Terms are strictly Cheque and Card Payments Only. If an account of an existing customer is in arrears the Seller shall be entitled (without prejudice to any other rights the Seller may have) to suspend further deliveries until payment is received, whether or not such deliveries are due under the same contract or other contracts and the Seller will have the right to charge interest at an annual rate of 2% above current base rate on all overdue accounts, calculated on a daily basis until such time as the accounts are paid in full.
- DELIVERY DATE
Any date for delivery given by the Seller is an estimate only and the failure of the Seller to deliver on or before the named date shall not entitle the Buyer either to respond or terminate the contract or make the Seller liable in any way for the consequence of any delay.
- TITLE TO GOODS
a) Although a binding contract for the sale of Goods is formed when an order (whether written or oral) is received by the Seller, the ownership of the Goods specified in any invoice shall remain with the Seller until both:
i) full payment for the Goods has been received by the Seller, and
ii) all the sums owing and due to the Seller by and from the Buyer (together with any sums which may become due in respect of any Goods ordered but for which payment has not become due hereunder) have been discharged.
b) Until conditions (i) and (ii) of sub-clause (a) here of have been fulfilled, the Seller reserves the right of disposal of the Goods in question in accordance with Section 19 of the Sale of Goods Act 1979, the Buyer shall hold such Goods as bailee to the order of the Seller and the Buyer shall store and segregate such Goods in such a way that they can be identified as the property of the Seller.
6. FORCE MAJEURE
The Seller shall not be liable for delay or failure in performing its obligations under the contract to the extent that such failure or delay is caused or contributed to by any act of God, war, civil commotion, riot, strike, lockout, trade dispute, breakdown, failure to obtain necessary raw materials, accident or any other happening or event whatsoever (whether or not of any kind similar to those before mentioned) beyond the control of the seller.
All Goods will be delivered via the Seller or the Seller’s nominated Carrier to any U.K. destination on a carriage charged basis. It is the Buyer’s responsibility to inspect Goods on delivery, when the Goods become the Buyer’s risk.
Any damages or shortages are to be noted when signing for the goods and advised immediately to this office.
No claims will be considered by the Seller unless notified in writing (otherwise than by qualified signature on the Carrier’s delivery note).
- RETURN OF GOODS
No goods are sold on a sale or return basis, and as such there shall be no liability on the Seller to accept returned Goods.
The Seller warrants that the Goods shall at the time of delivery correspond to the published specifications when used for the purpose for which the Goods of that type are normally used. Although the Seller uses every effort to ensure that all products are manufactured or supplied to specification, it is in all cases including repeat orders, for the Buyer to ensure by adequate tests or otherwise that the Goods are fit and suitable for the purposes for which the Buyer requires them and in the specific conditions and on the specific substrates in which they will be used or applied and to be within such reasonable tolerance and variations as are generally acceptable within the industry. It is essential that for all products, adequate tests for performance including Batch Colours, Shades, Adhesion, Drying and Film performance or any other necessary tests are made by the Buyer prior to application under the particular conditions of use.
If any of the Goods are proved to be defective, the Seller’s entire liability hereunder shall be strictly limited to the lower of:-
a) the replacement at the Seller’s expense of any Goods which are proved to the Seller’s satisfaction to be defective
b) bringing the Goods into conformity with the published specification of the Seller or as normal industrial quality.
The liability of the Seller under the foregoing is conditional upon:-
a) The Buyer conforming with the Delivery Conditions.
b) The Buyer giving written notice to the Seller within 3 days of the alleged defect and in any event within 10 days of receipt of goods.
c) The Buyer affording the Seller reasonable opportunity to inspect the Goods, application and site conditions.
d) The Buyer making no further use of the Goods that are alleged to be defective after the time at which the Buyer discovered or ought to have discovered the alleged defect.
e) The Buyer storing the Goods correctly at all times in accordance with the Sellers product instructions.
f) The Buyer shall ensure that the Goods are used within the given shelf life and used in strict rotation when stored.
While the Seller will use it’s best endeavour to give instructions, recommendations and advice to a Buyer in respect of storage, application and use of the Goods, it shall be the responsibility of the Buyer to satisfy himself that the intended application of the Goods is suitable in each particular application and use. The Buyer must indemnify the Seller against any claim arising out of the Buyer’s use or misuse of the Goods.While the Seller will use it’s best endeavour to give instructions, recommendations and advice to a Buyer in respect of storage, application and use of the Goods, it shall be the responsibility of the Buyer to satisfy himself that the intended application of the Goods is suitable in each particular application and use. The Buyer must indemnify the Seller against any claim arising out of the Buyer’s use or misuse of the Goods.
Any technical advice or assistance given by the Seller is provided free of charge. All conditions, representations, statements, warranties or guarantees whatsoever, whether express, or implied, in respect of products or Goods manufactured, sold or supplied by the Seller are hereby expressly excluded and the Seller accepts no liability in respect of any claim howsoever arising from any loss or damage caused to any property by or arising out of the use of any Goods or products manufactured, sold or supplied by the Seller. The Seller accepts no liability for any consequential loss or damage, caused directly by the Seller’s products or Goods or any use thereof.