Terms and Conditions
“Company” shall mean Maxking Limited. The term “Customer” shall mean any
person, firm or company who purchases goods from the Company
conditions apply to and are deemed to be incorporated in all orders, contracts,
quotations and tenders for the supply and sale of goods or services by the
Company. These conditions supersede any terms and conditions contained in any
Customer’s order unless otherwise agreed in writing by the Company.
are made upon the basis of materials and labour prevailing at the date thereof
and are open for acceptance for a period of thirty days from the date of
quotation. Should a quotation not be accepted within thirty days the quotation
may be subject to alteration to take account of increases in cost. In addition
the quotation may be withdrawn at any time prior to acceptance in writing.
Stenographical errors of clerical errors, if any, are subject to subsequent
placed will be charged at prices current at the time of delivery.
accounts can only be opened at the Company’s discretion and subject to
satisfactory references being given otherwise remittances must be sent with
orders. We will make a search with a Credit
Reference Agency, which will keep a record of the search and will share that
information with other businesses. We
may also make enquires about the Principal Directors with a Credit Reference
Agency. Where a credit account has been
opened goods shall be paid for by the last day of the month following the month
in which the goods were invoiced to the Customer or he is notified that they
are available for delivery. The Company
reserves the right to set a maximum amount of credit allowable upon each account
and to withdraw credit facilities without explanation.
event of non-payment in accordance with the credit terms the whole of the price
for all goods sold by the Company to the Customer whether under this or any
other contract, shall immediately become due and payable and the Company
reserves the right at its option, to cancel or postpone the further performance
of its obligations whether under this or any other contract, without prejudice
to any other right or remedy available to the Customer.
reserves the right to charge the Customer interest at the rate of 2% per annum
above U.K. clearing bank base lending rate from time to time until payment is
made in full.
quoted are exclusive of Valve Added Tax.
undertakes at its option to replace or refund the purchase price of any goods
sold or supplied in the following circumstances only;
the goods do not correspond to any written identifying description applied to
the goods prove to be unfit for a particular purpose which has been expressed
in writing to the Company.
the goods prove to be defective and not fit for their ordinary purposes within
12 months of delivery. The Company’s liability under this clause shall be
accepted by the Customer in lieu of any warranty or condition whether expressed
or implied by law.
descriptions, weights and technical data in any of the Company’s catalogues,
price lists and statements (written or oral) made by any representative of the
Company are provided to give customers an approximate picture and description
only and do not form the basis of any contractual liability. No warranty or condition that the article
shall accord with such illustration, description or statement is to be implied
and any warranty or condition capable of or arising is hereby excluded.
goods are subject to alteration without notice.
quotations given and sales made are upon the condition that although goods
supplied are of sound commercial quality, the Company can accept no liability
as to their suitability for any purpose other than that specified in writing by
the Customer at or prior to the time of sale.
undertakes to provide services with reasonable skill and care. If defects are
due to a failure to exercise such skill and care within 12 months of the
completion of the supply, the Company undertakes to remedy the defects.
to clauses 10 b) c) d) and e) the Company’s liability is limited to that
provided in clauses 8 and 9 above. The Company shall not be liable in any
circumstances to the Customer whether by way of indemnity or by reason of
breach of contract or negligence or of breach of statutory duty or otherwise
for loss or damage of any kind, whether direct, indirect or consequential.
undertaking as to title in Section 12 of the Sale of Goods Act 1979 is not
the Customer deals as Consumer (as defined Section 12 of the Unfair Contract
Terms Act 1977) the undertaking implied by sections 13,14,15 of the Sale of
Goods Act 1979 are not excluded and the customer’s statutory rights are not
Company does not exclude or restrict liability for death or personal injury
resulting from its own negligence.
e) The Company does not exclude any liability
which it may incur under the Consumer Protection Act 1987 for damage as defined
in section 5 of the Act.
OF PROPERTY AND RISK
a) The risk
in the goods shall pass to the Customer on delivery.
b) Title to
the goods shall remain vested in the Company after delivery until payment of
such sums (whether arising Out of this or any other contract) has been made in
full to the Company.
c) As long
as title in the goods remains vested in the Company and the goods are in
possession or under the control of the Customer, the following provisions will
i)The Customer may
(unless otherwise notified in writing by the Company) use, sell or otherwise
deal with the goods in the ordinary course of business.
ii) The Customer shall separately store and keep clearly
identified the goods from other goods.
iii) The Company
may at any time on given prior notice enter the premises of the Customer for
the purpose of inspecting and identifying the goods and the Customer
irrevocably authorized the Company to enter upon its premises for the purpose.
iv) The Company may at any time revoke the Customer’s
powers in i) above by notice to the Customer, if the Customer is in default for
longer than 7 days in the payment of any sum whatsoever due to the Company
under this or any other contract or if the Company has bonafide doubts as to
the solvency of the Customer.
v) The Customer’s powers in i) above shall automatically
cease if a receiver is appointed over any assets of the undertaking of the
Customer or a winding up order is made against the Customer or the Customer
goes into voluntary liquidation (Otherwise than for the purpose of
reconstruction or amalgamation) or calls a meeting of, or makes any arrangement
or composition with creditors or commits any act of bankruptcy.
vi) Upon determination of the Customer’s powers in i)
above the Customer shall place the goods at the disposal of the Company who
shall be entitled to enter upon any premises of the Customer for the purpose of
removing such goods from the premises(including severance from realty where
vii) If goods are returned or repossessed in accordance
with foregoing provisions the Company shall repay to the Customer any sums
received from the Customer in part payment of the price of the goods up to a
maximum amount equal to the current market value of the goods based at their
condition at the time of return or repossession and after deducting all costs
and expenses of the Company in having the goods returned or repossessed and
subject also to any right of set off the Company may have in respect of other
sums owing by the Customer to the Company.
test or test in the presence of the Customer or his representative will be
charged to the Customer unless otherwise agreed in writing. In the event of delay on the Customer’s part
or his representative’s part, in attending such tests, after 7 days notice of
the place and time of such tests, the tests will proceed in the Customer’s
absence and shall be deemed to have been carried out in the Customer’s
quoted for delivery are approximate only and in this respect time shall not be
of the essence of the contract. It shall suffice for the Company to deliver
within a reasonable time of the date of delivery quoted, regard being had to
all the surrounding circumstances.
the Company offers delivery to a site nominated by the Customer, then its obligation
shall be to deliver as near to the site as a safe hard road permits. The
Customer shall provide free of charge any labour or machinery required for the
purpose of unloading, loading or stacking.
c) In the event of any goods or any packing or
container being delivered and deposited, whether on the public highway or
elsewhere the Customer shall be responsible for all steps which need to be
taken for the protection of persons or property in relation to such goods,
packing or container, and shall indemnify the Company in respect of all or any
costs, claims, losses or expenses which the Company may incur as a result of
Company cannot accept liability for any direct or indirect loss arising from
delays caused by fire, flood, loss or delay in transit, strike, lockout or from
any other cause beyond the Company’s reasonable control.
charges will be invoiced to the Customer at rates which shall be determined by
the Company from time to time unless specifically excluded in writing. When
part deliveries are made on the Customer’s instruction the same conditions
apply as for whole and complete deliveries.
INSPECTION OF GOODS
must be examined forthwith on delivery.
the Company is responsible for carriage it shall replace any goods damaged or
lost in transit to the place of delivery provided such damage or loss is
reported in writing to the Company within 3 working days of such delivery. No
other liability shall be accepted by the Company in respect of any such damage
rejection of the goods on any other grounds must be communicated in writing to
the Company with 3 working days.
CANCELLATION OF ORDERS
reserves the right to charge the Customer for all costs incurred on cancelled
conditions apply for overseas contracts.
contract between the Company and the Customer for the supply of goods or
services which includes these conditions shall be governed and construed and
shall take effect in accordance with the laws of England.