Orders are accepted and executed on the understanding that the Purchaser accepts these conditions of sale and should there
be any inconsistency between the Purchasers requirements and these
Conditions of Sale the Companys Conditions of Sale will apply.
a) The "Company" means MICO Lighting Limited.
b) The "Purchaser" means the person who buys or
agrees to buy the goods from the Company.
c) The "Goods" means all items that the
Purchaser agrees to buy from the Company.
Prices, and any relevant discounts, will be those ruling at the
date of despatch. The Company reserves the right to override any
issued price lists unless orders are specifically acknowledged in
writing by the Company. All prices are exclusive of Value Added
Tax and will be charged at the applicable rate and recoverable as
part of the price by the Company.
Unless otherwise stated in writing, payment of the goods is due
in full at the time of delivery.
Should the Purchaser default in the payment of goods or services
then the Company shall suspend deliveries until the default is made
good and cancel outstanding orders.
Credit will only be permitted by the Company on receipt of satisfactory
credit references from the Purchaser.
Although the Company shall make every effort to deliver on the date
in the contract, no liability for any reason of delay of goods will
be accepted by the Company.
Unless otherwise stated prices quoted will include delivery to Purchasers
on mainland UK, providing the net invoice value is a minimum of
£100 excluding VAT.
Risks shall pass to the Purchaser:
a) If the delivery is to be made at the Companys address at the
time when the Company notifies the Purchaser that the goods are
available for collection; or
b) If delivery is to be made elsewhere than to the Companys address
at the time of delivery or if the Purchaser wrongfully fails to
take delivery of the proffered delivery.
In spite of delivery having been made, property of all the goods
shall remain that of the company until payment in full of the agreed
price and all other sums owed by the Purchaser to the Company.
The following conditions shall apply:-
a) The Purchaser shall hold the goods as the Companys alee and shall
keep them properly stored, protected and insured and identified
as the Companys property.
b) Whilst the Purchaser has the right to dispose of the goods in
ordinary course of business on Bona Fide sale without notice to
the customer of the Companys rights, hereunder the Purchaser
must account to the Company for the proceeds to the amount due to
the Company.
c) The Purchaser hereby grants to the Company the right to
enter any premises where the goods are stored in order to repossess
or inspect them.
The property in the goods shall pass to the Purchaser (unless
otherwise agreed) at the time of payment and the Purchaser or a third party designated by him from
this time will accept any risk.
Where the prices quoted include delivery by the Company, he will
replace free of charge any goods damaged in transit providing the
Company is notified within 72 hours of delivery and the relevant
information appertaining to the delivery is provided within this
period.
If the Purchaser returns to the Company any goods, which he claims,
are defective and the Company agrees they are defective or faulty;
the Company will replace the goods with an identical or similar
type. The Company will, at its discretion, refund the purchase price
provided the goods are returned within 3 months of delivery at the
expense of the Purchaser and the Purchaser can provide proof of
purchase from the Company.
The Purchaser shall obtain from the Company his consent to return
any goods supplied for whatever reason prior to despatch from the
Purchasers premises.
Any descriptive material, illustrations or drawings shall be
used only as a general guide and shall not form part of the Contract.
Consequently the Company reserves the right to change or amend his
literature or specification without prior notice.
Any samples provided by the Company shall be charged to the Purchaser
if not returned within 90 days unless otherwise agreed.
Manufacturers Warranties apply but the Company gives no warranty
(expressed or implied) on the life or wear of the goods supplied.
Any variation, suspension or delay to the contract by the Purchaser
may result in charges for costs involved to date and the prices
ruling will be adjusted for any reduction in quantities.
If the Purchaser breaches any condition of this Contract or becomes
subject to an administration order or becomes bankrupt, or has a
Receiver appointed, or distress is levied on any part of its assets
or business, or goes into liquidation, or makes any composition
with its creditors, the Company shall be entitled (whether in respect
of this Contract or any other) to:-
a) Withhold any further deliveries to the Purchaser and/or cancel
the Contract without any liability.
b) Appropriate any payment made by the Purchaser to such of the
goods (whether supplied under this Contract or any other) as the
Company shall think fit.
c) Immediate payment of all sums whatever
owing by the Purchaser to the Company not with standing any previous
agreement to the contrary.
d) Exercise any of its rights pursuant
to Clause 10.
The Company shall not be liable for any default due to any act of
God, war, strikes, lockouts or other industrial action, difficulties
in obtaining labour or parts, governmental or other restrictions
or regulations or other events beyond the reasonable control of
the Company.
All disputes arising out of or in connection with the contract shall
be governed by English law and the purchaser accepts the
Jurisdiction of the Courts of England
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