Mowtec
General Terms & Conditions of Sale

General

We, the Seller, offer our quotations and you, the Buyer, accept and place orders subject to the terms set out herein. Unless expressly agreed and accepted by us in writing, any terms in a Buyer`s purchase order and/or purchase contract which are inconsistent with these Terms and Conditions will be deemed to be inapplicable.

 

Quotations

All quotations are tendered in pounds (£) Sterling and without engagement, and are subject to confirmation on receipt of an order.

 

Orders

All orders must be confirmed in writing and signed by an authorised person.

 

Prices

1. All prices are liable to fluctuation on account of changes in labour and material costs before the completion of an order.
2. All Goods are invoiced at the price ruling at date of despatch unless otherwise agreed by the Seller in writing.
3. All prices are exclusive of Value Added Tax (V.A.T.)
4. Prices are EX WORKS. Carriage, packing and insurance are charged as additional fees.

 

Quantity Variation

Prices quoted and confirmed are for the full quantity specified. Production variation may yield ten per cent (10%) more or less than the specified quantity and Buyers shall accept the greater or less quantity at the quoted price rate.

 

Delivery

Any dates given for shipment or delivery are approximate. Every effort will be made to adhere to the delivery dates quoted. No liability can be accepted for any loss whatsoever caused through non-delivery or delay in delivery of Goods ordered or for the non-completion of any contract caused directly or indirectly through any circumstances beyond the Seller’s control, and the Seller shall be sole judge of whether any circumstance is beyond the Seller’s control or not. Failure to adhere to delivery dates shall not entitle the Buyer to cancel an order or to withhold payment due. Part shipments shall be deemed as separate delivery and therefore as a separate sale.

 

Claims

1. Ownership of the Goods passes to the Buyer on delivery to the carrier and the Buyer’s liability to the Seller for the price is not affected by subsequent loss or damage.
2. All claims for errors, omissions, damage, pilferage or shortage must be notified in writing by the Buyer to the carriers and the Seller within seven (7) days after the receipt of the advice note or invoice, whichever is earlier.
3. Any alleged defect or omission shall be notified to us within seven (7) days of delivery of the Goods.

 

Liability

If you establish and we agree defects or omissions we shall, at our option, replace with similar Goods, repair them or allow credit for their last invoice value. In no circumstance will our liability exceed the invoice value of Goods and we will not accept liability to you for any subsequent loss, damage or distress howsoever caused.

 

Payment

1. Our terms of payment are strictly thirty (30) days net of date of invoice unless otherwise agreed by us in writing. Tooling is chargeable at one hundred per cent (100%) upon receipt of purchase order and balance upon delivery of samples.
2. All payments must be made free of charge, with the Buyer paying any bank charges.
3. The Company shall be entitled to charge interest at the rate of five per cent (5%) per month on overdue accounts.
4. The Buyer is not entitled to withhold or to offset payments due against any counter claims.
5. Part orders shipped or delivered are treated as separate deliveries and are invoiced separately. The Buyer must pay these invoices when due, even if the orders have not been completed.

 

Cancellation

We cannot accept cancellation, postponement or delay in the delivery of and charging for Goods other than mutually agreed and confirmed in writing.

 

Patents

We cannot be held responsible for the infringement of any patent, registered design, copyright etc., arising from the manufacture of parts to the Buyer’s designs and/or drawings and the Buyer agrees to indemnify us against any action or claim or demand or cost in respect of any such infringement no matter what circumstances give rise to such infringement.

 

Tooling

Unless otherwise agreed and confirmed in writing between the Buyer and the Seller all tools, moulds, jigs, fixtures and special production devices necessary to perform a Buyer’s order will be charged to the Buyer. They will, unless otherwise agreed, when paid for, become the Buyer’s property. We will keep and protect such tooling etc. whilst in our possession for use against subsequent orders, but it is the Buyer’s responsibility to insure, maintain and refurbish tooling etc. as maybe required from time to time.

 

Issued Components

Where it is necessary for a Buyer to issue to us both free or subject to charge material or component required for the manufacture of a part and completion of an order, then it is necessary for that issue to be in ten per cent (10%) excess of the nominal number or amount, to cover contingencies in manufacture. We cannot be held responsible for loss or damage to materials and components in our possession.

 

Return of Goods

1. Goods returned without prior written authorisation will not be accepted for credit.
2. Credit will not be issued for Goods returned after ninety (90) days from date of original invoice.
3. A full listing must be prepared for each return consignment showing a description, the original invoice/reference number and date, together with the reason for return.
4. All freight charges are to be paid by the Buyer.

 

Retention of Title

1. Whether or not the risk in Goods sold shall have passed to the Buyer, the property in Goods sold shall be and remain with the Seller until the Seller has received payment in full for said Goods, together with payment in full for any other Goods supplied by the Seller to the Buyer the price of which is overdue for payment. Pending receipt by the Seller of such payments, the Buyer shall hold the Goods for the Seller as fiduciary bailes.
2. When payment for the Goods is overdue or the Buyer suffers distress or execution to be levied against his or its effect, makes an arrangement or composition with creditors or, being a corporate body, enters into liquidation (otherwise than for the purpose of amalgamation or reconstruction where the corporate body, as amalgamated or reconstructed accepts in full the Buyers liability to pay for the Goods), or has a receiver appointed for the whole or any part of its undertaking or being an individual, has receiving order in bankruptcy made against him then.

a) if the Buyer remains in possession of the Goods, whether or not the Buyer has sold them, the Seller shall be entitled to recover the Goods from the Buyer, or

b) if the Buyer has parted with possession of the Goods by way of sale, whether or not the Goods have been mixed with or incorporated into other Goods, the Buyer, having sold them as fiduciary bailee, shall hold in trust for the Seller so much of the proceeds of the sale of Goods as represents the Buyer’s liability to the Seller in respect of them.

 

Law

The law of English courts shall govern the formation, interpretation and enforcement of all transactions. All disputes shall be settled in England.

 

Date: 07 January 2002, Issue II