Terms and Conditions
Marksman Industrial Ltd. Terms & Conditions
1.1 The price quoted excludes VAT (unless otherwise stated). VAT will be charged at the rate applying at the time of delivery.
1.2 Unless otherwise stated, the price quoted is in Pounds Sterling (£).
1.3 Our quotations lapse after 30 days (unless otherwise agreed).
1.4 The price quoted excludes delivery (unless otherwise stated).
1.5 Unless otherwise stated, the price quoted is an illustrative estimate only and the price charged will be our price current at the time of delivery.
1.6 Rates of tax and duties on the goods will be those applying at the time of delivery.
1.7 At any time before delivery we may adjust the price to reflect any increase in our costs of supplying the goods.
2.1 All delivery times quoted are estimates only.
2.2 If we fail to deliver within a reasonable time, you may (by informing us in writing) cancel the contract, however:
2.2.1 you may not cancel if we receive your notice after the goods have been dispatched; and
2.2.2 if you cancel the contract, you can have no further claim against us under that contract.
2.3 If you accept delivery of the goods after the estimated delivery time, it will be on the basis that you have no claim against us for delay (including indirect or consequential loss, or increase in the price of the goods).
2.4 We may deliver the goods in installments. Each installment is treated as a separate contract.
3 Delivery and safety
3.1 We may decline to deliver if:
3.1.1 we believe that it would be unsafe, unlawful or unreasonably difficult to do so; or
3.1.2 the premises (or the access to them) are unsuitable for the delivering vehicle.
4 Payment Terms
4.1 You are to pay us in cash (or otherwise in cleared funds) when you order unless you have an approved credit account.
4.2 If you have an approved business credit account, payment is due no later than the 30th day following the invoice date unless otherwise agreed in writing.
4.3 If you fail to pay us in full on the due date:
4.3.1 we may suspend or cancel future deliveries;
4.3.2 we may cancel any discount offered to you;
4.3.3 you must pay us interest at the rate set for the purposes of s6 of the Late Payment of Commercial Debts (Interest) Act 1998:
a calculated (on a daily basis) from the date of our invoice until payment;
b compounded on the first day of each calendar month; and
c before and after any judgement.
4.4 If you have an approved credit account, we may withdraw it or reduce your credit limit or bring forward your due date for payment. We may do any of those at any time without notice.
4.5 You do not have the right to set off any money you may claim from us against anything you may owe us.
4.6 While you owe money to us, we have a lien on any of your property in our possession.
4.7 You are to indemnify us in full and hold us harmless from all expenses and liabilities we may incur (directly or indirectly and including legal costs) following any breach by you of any of your obligations under these terms.
5.1 Until you pay all debts you may owe us:
5.1 1 all goods supplied by us remain our property;
5.1.2 you must store them so that they are clearly identifiable as our property;
5.1.3 you must insure them (against the risks for which a prudent owner would insure them) and hold the policy on trust for us;
5.1.4 you may use those goods and sell them in the ordinary course of your business, but not if:
a we revoke that right (by informing you in writing); or
b you become insolvent.
5.2 You must inform us (in writing) immediately if you become insolvent.
5.3 If your right to use and sell the goods ends you must allow us to remove the goods.
5.4 We have your permission to enter any premises where the goods may be stored:
a at any time, to inspect them; and
b after your right to use and sell them has ended, to remove them, using reasonable force if necessary.
5.5 Despite our retention of title to the goods, we have the right to take legal proceedings to recover the price of goods supplied should you not pay us by the due date.
5.6 You are not our agent. You have no authority to make any contract on our behalf or in our name.
6.1 The goods are at your risk from the time of delivery.
6.2 Delivery takes place either:
a at our premises (if you are collecting them or arranging carriage) and from the time we tell you that your goods are ready for collection; or
b at your premises (if we are arranging carriage or delivery) and including any circumstance in which you wrongfully refuse to accept delivery.
6.3 If you refuse or fail to take delivery of the goods we shall be entitled to immediate payment in full for them. We shall be entitled to store such goods and to charge you for the full costs of the storage and any other costs we may have incurred as a result of the failure of delivery. Three months after the end of the period in which the price for the goods would have been due we shall be entitled to dispose of the goods in any way we decide.
6.4 You must inspect the goods on delivery. If any goods are damaged (or not delivered), you must write to tell us within five working days of delivery (or the expected delivery time). You must give us (and any carrier) a fair chance to inspect the damaged goods.
7.1 We warrant that the goods:
7.1.1 comply with their description on our acknowledgement of order form; and
7.1.2 are free from material defect at the time of delivery (as long as you comply with clause 6.4).
7.2 We give no other warranty (and exclude any warranty, term or condition that would otherwise be implied) as to the quality of the goods or their fitness for any purpose.
7.3 If you believe that we have delivered goods that are defective in materials or workmanship, you must:
7.3.1 inform us (in writing), with full details, as soon as possible; and
7.3.2 allow us to investigate (we may need access to your premises and product samples).
7.4 If the goods are found to be defective in material or workmanship (following our investigations) and you have complied with those conditions (in clause 7.3) in full, we will (at our option) replace the goods or refund the price.
7.5 We are not liable for any other loss or damage (including indirect or consequential loss, financial loss, loss of profits or loss of use) arising from the contract or the supply of goods or their use, even if we are negligent.
7.6 In any event our total liability to you for all claims is limited to damages equal to the price of the goods.
7.7 Nothing in these terms restricts or limits our liability for death or personal injury resulting from negligence.
8.1 If we prepare the goods in accordance with your specifications or instructions you must ensure:
8.1.1 that the specifications or instructions are accurate;
8.1.2 that goods prepared in accordance with those specifications or instructions will be fit for the purpose for which you intend to use them;
8.1.3 that the specifications and/or designs will not result in the infringement of any rights belonging to a third party.
8.2 If there is any such claim or threatened claim by a third party in respect of such specifications or designs you will indemnify us in respect of all loss damage costs or expenses (including legal fees) which we may incur in connection with any such claim or threatened claim.
9 Returns for business customers:
9.1 We will accept the return of goods from you only:
9.1.1 by prior arrangement (confirmed in writing);
9.1.2 on payment of an agreed handling charge (unless the goods were defective when delivered); and
9.1.3 where the goods are as fit for sale on their return as they were on delivery.
9.2 RETURNS FOR CONSUMERS: Products sold to consumers are covered by the Distance selling regulations. This entitles you to a full refund PROVIDING THAT:
We must have your request to cancel in WRITING by post or e-mail, (not by telephone) within seven working days after reciept of goods. The item must be still in as New condition and unopened from any packaging. We require you to pay for the return of the goods to our premises.
The Refund must be completed by us within 30 days latest.
10.1 If the order is cancelled (for any reason) you are then to pay us for all stock (finished or unfinished) that we may then hold (or to which we are committed) for the order.
10.2 We may suspend or cancel the order, by written notice if:
10.2.1 you fail to pay us any money when due (under the order or otherwise);
10.2.2 you become insolvent;
10.2.3 you fail to honour your obligations under these terms.
10.3 You may not cancel the order unless we agree in writing (and clause 10.1 then applies).
11 Waiver and variations
11.1 Any waiver or variation of these terms is binding in honour only unless:
11.1.1 made (or recorded) in writing;
11.1.2 signed on behalf of each party; and
11.1.3 expressly stating an intention to vary these terms.
11.2 All orders that you place with us will be on these terms (or any that we may issue to replace them). By placing an order with us, you are expressly waiving any printed terms you may have to the extent that they are inconsistent with our terms.
12 Force majeure
12.1 Suppose we are unable to perform our obligations to you (or able to perform them only at unreasonable cost) because of circumstances beyond our control. We may then cancel or suspend any of our obligations to you, without liability,
12.2 Examples of those circumstances include act of God, accident, explosion, fire, transport delays, strikes and other industrial disputes and difficulty in obtaining supplies.
13.1 English law is applicable to any contract made under these terms. The English courts have non-exclusive jurisdiction.
13.2 If you are more than one person, each of you has joint and several obligations under these terms
13.3 If any of these terms are unenforceable as drafted:
13.3.1 it will not affect the enforceability of any other of these terms; and
13.3.2 if it would be enforceable if amended, it will be treated as so amended.
13.4 We may treat you as insolvent if:
13.4.1 you are unable to pay your debts as they fall due; or
13.4.2 you (or any item of your property) become the subject of:
a any formal insolvency procedure (examples of which include receivership, liquidation, administration, voluntary arrangements (including a moratorium) or bankruptcy);
b any application or proposal for any formal insolvency procedure; or
c any application, procedure or proposal overseas with similar effect or purpose.
13.5 All brochures, websites, catalogues and other promotional materials are to be treated as illustrative only. Their contents form no part of any contract between us and you should not rely on them in entering into any contract with us.
13.6 Any notice by either of us which is to be served under these terms may be served by leaving it at or by delivering it to (by first class post or by fax) the other’s registered office or principal place of business. All such notices must be signed.
13.7 No contract will create any right enforceable (by virtue of the Contracts [Rights of Third Parties] Act 1999) by any person not identified as the buyer or seller.