Terms of service
- Whilst every effort is made to adhere to the delivery times stated by the Seller, such times are not guaranteed and the Seller accepts no liability for delay in delivery. Unless otherwise specifically agreed in writing the Seller may effect delivery of the Goods by whatever means it thinks most appropriate. Where the Seller dispatched the Goods on the Buyer’s behalf they will ordinarily be sent at the Buyer’s risk and the Seller will determine the method and time of delivery.For the purposes of these Conditions of Sale, “the seller” means M.J. Allen Holdings Ltd and any or all of it’s subsidiary companies, active and inactive if relevant. These Conditions of Sale contain the entire bargain between the Seller and the Buyer, and in the case of any inconsistency between these terms and the terms of any other contractual or other document sent by the Buyer to the Seller (whatever their respective dates) in respect of the Goods, these terms shall prevail. These Conditions shall apply except as may be expressly agreed by the Seller in writing. Any waiver made by the Seller at any time shall not prejudice the exercise of its rights hereunder. ”Goods” in these conditions means the goods the subject of the contract between the Seller and the Buyer. The ” Buyer” means the customer and party to such contract.
- All accounts are due for payment no later than the end of the month following that of delivery. If payment is not made in full by the due date the Seller may without notice revoke all credit facilities and withhold all deliveries. Time of payment is the essence of the contract. The Buyer shall not be entitled to withhold or set-off payment for Goods delivered for any reason whatsoever.
- The Seller may at any time amend prices at its discretion without notice.
- The Seller reserves the right to charge carriage on all deliveries.
- All prices quoted are excluding VAT. Value added tax will be charged at the rate applicable at the time of invoice.
- The description of Goods is given by way of identification only, and the use of such description shall not constitute this contract a sale by description. Any statement description or conditions continued in any catalogue or advertisement or communication or made verbally by any employee of the Seller shall not be construed as enlarging, varying or overriding any of the conditions herein stated.
- Whilst every effort is made to adhere to the delivery times stated by the Seller, such times are not guaranteed and the Seller accepts no liability for delay in delivery. Unless otherwise specifically agreed in writing the Seller may effect delivery of the Goods by whatever means it thinks most appropriate. Where the Seller dispatched the Goods on the Buyer’s behalf they will ordinarily be sent at the Buyer’s risk and the Seller will determine the method and time of delivery.
Any claim shall be absolutely barred unless receipt of the goods has been signed for as “damaged” or “shortage on item…” All claims must be in writing within seven days of receipt of delivery.
- The Seller whilst endeavouring to effect prompt delivery, accepts no liability whatsoever for the consequences of any delay or failure in delivery.
- Risk in the Goods shall pass to the Buyer upon delivery. Notwithstanding the above ownership, title and legal property in the Goods will not pass to the Buyer until payment has been made in full in the matter specified in these Conditions together with the full price of any other goods the subject of any other contract with the Seller. Until the time of actual payment to the Seller of the total amounts owing in respect of the Goods and any other goods as specified in sub condition (b) hereof the Buyer shall keep the Goods as agent and trustee for the Seller and shall store the goods in such a way that they are separately identifiable. If as a result of anything done or suffered by the Buyer legal property in the goods passes to a third party or (notwithstanding the immediately preceding sub-condition hereof) to the buyer before they have been paid in full, any proceeds of the sale of other property representing the goods or into which the goods have been converted or incorporated shall be the property of the Seller until the goods have been paid for in full as aforesaid and any such proceeds of sale or other property shall be received and held by the buyer as agent and trustee for and to the order of the Seller. The Buyer therefore stands in a fiduciary relationship to the Seller and must strictly account to the Seller for the Goods or proceeds thereof and any such proceeds shall be kept in a separate bank account to the order of the Seller. Until payment in full has been made for the Goods together with the final price of any other goods the subject of any other contract with the Seller, the Seller shall have the right to repossess the Goods and to enter through its agents or servants on the premises of the Buyer (with such transport as may in the opinion of the Seller be necessary) for this purpose and the Buyer grants irrevocable licence so to enter for such purposes to the Seller. The Buyer’s right to possession of the Goods shall in any event cease if he, not being a company, commits an act of bankruptcy or if it, being a company, does anything or fails to do anything, which would entitle a receiver or administrator to take possession of any assets or which, would entitle any person to present a petition for winding up. The Seller may for the purpose of recovery of the Goods enter upon premises where the Goods are stored or where they are reasonably thought to be stored and may repossess the same. If the Buyer has not received the proceeds of sale of the Goods in the circumstances set out above hereof the Buyer will, if called upon to do so by the Seller, within seven days thereof assign to the Seller all rights against the person to whom the Buyer has supplied any of the Goods or any product to chattel made from or with the Seller Goods and in default of such voluntary assignment he will after the expiration of a further two days after the said period of seven days be deemed to have assigned all rights as aforesaid.
- If events beyond the Seller’s reasonable control prevent the Seller from delivering any of the Goods by the appropriate delivery date, such date shall be suspended (for a reasonable period). Beyond such period the Seller may without liability cancel this contract as regards such Goods or the Buyer may without liability cancel this contract as regards such Goods unless either have been or are in the course of being made or have been appropriated by the Seller to this contract.
- The seller reserves the right to hold, pending further discussion / investigation, or refuse and refund orders if they are found to be placed erroneously, fraudulently or in such a way that circumnavigates our minimum order specifications and delivery charges, either through intentional or unintentional occurrences on the part of the seller or the customer.