TERMS AND CONDITIONS OF SALE 1. In these conditions “the Company” means Mardan Products Limited, “the Buyer” means the persons, firm or company purchasing or ordering goods from the Company. “The Goods” means the subject matter of the relevant order or contract for sale.
2. No contract in respect of the Goods between the Company and the Buyer shall exist until the Company has accepted the Buyer’s order. In the event that the Buyer’s order seeks to make the sale subject to terms different from these conditions, acceptance of the Buyer’s order by the Company (whether or not such acceptance is affected by formal order acknowledgement) shall be deemed to be a fresh order by the Company on the basis of these conditions. In which event (unless these conditions are accepted by the Buyer prior to delivery) acceptance of the Goods by the Buyer shall constitute acceptance of the Company’s offer and the Contract of Sale shall be formed at that moment. No conditions or items stipulated in any other communication or document shall vary or annul any of these conditions except in so far as the same are expressly consented to in writing by the Company.
3. Quoted prices include the cost of normal packaging but exclude delivery, transit insurance, (which are charged extra at cost) VAT or installation charges (where applicable).
4. Delivery dates are given in good faith as an indication of the estimated delivery time and no liability can be accepted for failure to deliver by the given date due to causes beyond the control of the Company.
5. Notwithstanding delivery and the passing of risk and solely for the purpose of securing payment of all monies due or to become due to the Company by the Buyer on any account in the event of the Buyer entering into liquidation or having a winding-up order made against it or to a receiver and manager being appointed of its assets or income or any part thereof or in the event of the Buyer being an individual or individuals he or either of them committing any act of bankruptcy petition presented against him or either of them. Company and the Buyers will store the same for the Company in a proper manner and in such a way (a) Until such time that the Goods are paid for in full the Goods remain the property of the that the Goods are clearly identified as being the property of the Company notwithstanding that the risk therein shall pass to the Buyer as provided herein. (b) At any time the Company may recover from the Buyer the Goods remaining in the Buyers possession and for the purposes thereof may enter upon the premises of or occupied by the Buyer or any third party (with the consent of the third party).
6. The Buyers property and all property supplied to the Company by or on behalf of the Buyer shall, while it is in possession of the Company or in transit to or from the Buyer, be deemed to be at the Buyers risk and the Buyer shall insure accordingly. The Company shall be entitled to make a reasonable charge for the storage of any of the Buyers property left with the Company before receipt of the order or after notification to the Buyer of completion of the work.
7. The Buyer shall examine the Goods immediately they are delivered to him. All shortages and damages are to be notified in writing within 3 working days of receipt of goods. The Company cannot accept liability for claims made outside this period. The Company reserves the right to reject claims in respect of shortages or damages in transit. Goods must only be returned with prior permission from the returns department of the Company either by telephone, fax or letter post. A copy of the original invoice relating to their purchase must accompany returned goods. Goods returned must be in their original packaging and condition. Goods returned otherwise may either be refused or a further additional fee charged to cover the additional costs involved.
8. Payment Terms of Trading are STRICTLY 30 DAYS after End of Invoice Month.
9. Placing of an order implies acceptance of all the above Terms and Conditions.
10. Any dispute between the Company and the Buyer shall be settled in accordance with English Law.