The quotation overleaf or invoice overleaf for any order placed following such quotation are subject to the following conditions of sale in which MorikenzieJoinery is referred to as “the Company”:
1. Validity of quotation
No order received from a customer by the Company shall constitute a contract until accepted in writing by the Company.
Prices quoted by the Company are firm for 30 days only or until previously withdrawn. All prices quoted are inclusive of VAT.
Delivery periods and dates are given in good faith, but are not subject of any warranty or condition, other than any implied by consumer protection legislation, and time shall not be of the essence of the contract in these respects.
Unless otherwise agreed in writing, the customer shall pay the price in full upon completion/ delivery of goods / services. Invoices for goods will be issued immediately on delivery or after completion and payment is due 7 days from this date. If payment is not made by the due date, the customer shall pay the Company interest at the rate of 5% per annum above the base lending rate of Bank of England from the due date for payment until the date of actual payment.
The customer shall pay the price in full upon completion/ delivery of goods / services. If payment is not made within 30 daysof the due date, the customer shall pay the Company interest at the rate of 5% per annum above the base lending rate of Bank of England from the due date for payment until the date of actual payment. The Company reserves the right to demand a deposit of up to 30%of the price of the goods supplied.
5.1 The Company shall be under no liability in respect of any defect in the goods arising from any drawing, design or specification supplied by the customer.
5.2 The Company shall be under no liability if the defect or failure arises from wilful damage or misuse, negligence by the customer or any third party, failure to follow the Company’s instructions, or alteration or repair of the goods without the Company’s prior approval.
5.3 The Company warrants that the Goods supplied will at the time of delivery correspond to the description of the Company.
5.4 All goods supplied will be of satisfactory quality and will be fit for purpose as required by consumer rights law.
5.5 The above warranty does not extend to parts, materials or equipment not manufactured by the Company, in respect of which the customer shall be entitled only to the benefit of any such warranty or guarantee as is given by the manufacturer to the Company
5.6 Except in the case of death or personal injury caused by the Company’s negligence, the Company shall not be liable for any consequential loss or damage (whether for loss of profit or otherwise) or other claims for consequential compensation.
Packaging, carriage and insurance charges in respect of delivery of the goods to the customer will be charged to the customer at cost to the Company.
7. Damage in transit
The Company does not accept any liability for loss or damage to the goods while in transit to the customer.
8. Risk & Title
The Goods shall be at the customer’s risk as from delivery.
8.1 Without prejudice to condition 10 and in spite of delivery having been made property in the Goods shall not pass from the Company until:
8.1.1 the customer shall have paid the Price in full; and
8.1.2 no other sums whatever shall be due from the customer to the Company.
8.2 Until property in the Goods passes to the customer in accordance with clause 8.1 the customer shall hold the Goods on a fiduciary basis as bailee for the Company. The customer shall store the Goods (at no cost to the Company) separately from all other goods in its possession and marked in such a way that they are clearly identified as the Company’s property.
9. Force majeure
The Company shall not be liable to the customer, or be deemed to be in breach of any contract with the customer, by reason of any delay in performing, or any failure to perform, any of the Company’s obligations in relation to the goods, if the delay or failure was due to force majeure or to any other cause beyond the Company’s reasonable control.
10. Reservation of title
The goods sold under these conditions shall remain the absolute property of the Company and legal title in the goods shall remain vested in the Company until payment in full of all amounts invoiced or due to the Company in respect of the goods. If the customer shall enter onto liquidation, have a winding-up order made against it, or have a receiver, administrator or administrative receiver appointed over its assets, income or any part thereof before the property in the goods has passed in accordance with this condition, the Company shall be entitled, immediately after giving notice of its intention to repossess the goods, to enter upon the premises of the customer with such transport as may be necessary and to repossess any goods to which it has title under this condition. No liquidator, receiver, administrator or administrative receiver of the customer shall have authority to sell goods to which the Company has title without the prior written consent of the Company.
11. Insolvency of customer
If the customer shall suspend payment, propose or enter into any composition or arrangement with his or their creditors, or have a bankruptcy order made against him or them, then the Company shall have the right, without prejudice to any other contract with the customer, not to proceed further with the contract, and shall be entitled to charge for work already carried out (whether completed or not) and for goods and materials already purchased for the customer, such charge to be an immediate debt due from the customer.
12. Patent rights, etc
The acceptance of a quotation includes the recognition by the customer of the right of the Company under any patents, trademarks, registered designs or other intellectual property rights relating to the goods, and the customer undertakes that patent numbers, trademarks or other trade markings on goods supplied shall not be obliterated, altered or defaced.
13. Applicable law
These conditions shall be governed by and construed in accordance with Scottish law and the parties acknowledge and accept the exclusive jurisdiction of the Scottish Courts.
14. Conditions applicable
These conditions shall apply to all contracts for the sale of goods by the Company to a customer to the exclusion of all other terms and conditions which a customer may purport to apply under any purchase order, confirmation of order or similar document and all orders for goods shall be deemed to be an offer by the customer to purchase goods subject to these conditions.
15. Complaints and ADR
15.1 Although our aim is to provide the best possible service to our customers, if you wish to make a complaint in relation to goods supplied or services rendered, you may make a formal complaint under our complaints procedure. A copy of the complaints procedure is attached to these terms and conditions.