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In these Terms and Conditions(Terms), the following words and phrases shall have the following meanings:-“the Buyer” means the person, firm or company who purchases Goods from the Company “the Company” means The Maintenance Supply Co. Ltd.:
“the Contract” means the contract between the Company and the Buyer which shall be deemed to incorporate these
“Goods” means any goods agreed in the Contract to be supplied by the Company to the Buyer; “Place of Delivery” means the place to which the Goods are to be delivered.
In these Terms, reference to any statue or statutory provision shall be construed as a reference to such stature or statutory provision as amended, modified, re-enacted or replaced from time-to-time.
2. The Contract
The Contract shall be on these Terms to the exclusion of all other terms and conditions, including any such terms and conditions that are purported to be included or applied by the Buyer. No terms and conditions contained in the confirmation of order, purchase order or other documents of the Buyer will form part of the Contract.
Unless otherwise agreed in writing, the Place of Delivery shall be the Company’s premises and the Buyer shall take delivery within 7 days of the Company notifying the Buyer that the Goods are ready for delivery. Any date or period for delivery shall be considered as indicative only, although it is the Company’s policy to try and fulfil orders within 2 days. Any goods not available at the time of the Buyers order will be sent to the Buyer as soon as possible when received from the manufacturer. Subject to the other provisions of these Terms, the Company shall not be liable for any loss, whether direct or consequential, economic or loss of profits or otherwise, arising directly or indirectly out of any delay in the delivery of the Goods nor will any delay entitle the Buyer to terminate or recind the Contract.
4. Risk in and Ownership of the Goods
Risk in the Goods shall pass to the Buyer on delivery.
Ownership in the Goods shall not pass to the Buyer until the Company has received in full in cleared funds all sums due to the Company in respect of the Goods and all other sums which are or may become due to the Company from the Buyer on any account.
Until ownership of the Goods has passed to the Buyer, the Buyer shall: Hold the goods on a fiduciary basis as the Company’s bailee; Store the Goods separately from all other goods of the Buyer or any third party in such a way that they remain identifiable as the Company’s property;Not destroy or deface any identifying mark on the Goods or their packaging; Maintain the Goods in satisfactory condition insured with the Company’s interest noted on the policy and hold any proceeds of such insurance on trust for the Company and not mix them with any other money.
The price for the Goods shall be at the Company’s quoted price which shall be binding upon the Company provided that the Buyer accepts the Company’s quotation within 30 days. The Company may give notice to the Buyer at anytime up to 5 business days prior to delivery that it wishes to increase the price of goods to reflect any increase in the cost to theCompany which is due to factors occurring after the making of these Terms and which are beyond the reasonable control of the Company.
Subject to paragraph 5, payment of the price of the Goods shall be due 30 days from the date of the Company’s invoice for the goods. Payment shall not be deemed to have taken place until the receipt by the Company of the cleared funds. The Company will exercise its statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if it is not paid according to these Terms.
The Company warrants that the Goods are of satisfactory quality. If the buyer wishes to make a claim under this warranty, the Buyer shall give written notice to the Company within 30 days of the discovery of the defect and give the Company a reasonable opportunity to inspect the Goods in question. The Company shall not be liable for any breach of warranty if the Buyer makes any further use of the Goods after giving such notice or alters or repairs the Goods without the agreement of the Company. The Company’s liability under the warrant shall be limited to repairing or replacing the Goods in question or refunding the price of such Goods.
8. Limitation of Liability
The Company’s liability in contract, tort or otherwise arising out of the subject matter of the Contract shall not exceed the total value of the goods delivered and the Company shall under no circumstances be liable to the Buyer for any consequential, indirect or economic loss or damages.
9. Force Majeure
If either party is subject to an event of Force Majeure, that is circumstances outside reasonable control, including but not limited to war, fire, industrial disputes or civil commotion, it shall notify the other and the first party’s obligations under these Terms shall be suspended until it notifies the other party of the end of such event of Force Majeure.
If any part of these Terms is found to be void or unenforceable by any Court of competent jurisdiction, such part shall be severed from these Terms which will otherwise remain in force and effect. These Terms shall be governed by and interpreted according to English Law and parties submit to the exclusive jurisdiction of the English Courts.
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