TERMS AND CONDITIONS
The construction, validity and performance of the contract shall be governed by the law of England. Paragraph headings shall not effect the construction of these conditions.
a. All quotations are subject to confirmation in writing by the seller on receipt of the order from the Buyer and are not binding on the Seller until so confirmed.
b. Engagements made by the Seller’s agents or representatives are only valid when confirmed in writing by the Seller.
c. Availability - acceptance of Buyer’s order is subject to supplies being available and unsold.
d. Cancellation - an order once placed, cannot be cancelled, deferred or altered by Buyer, except by mutual agreement.
e. Subcontracting - the Seller reserves the right to subcontract the fulfillment of the order or contract or any part thereof.
No guarantee warranty condition description or representation on the part of the Seller is given or implied in this contract or accepted as arising from the negotiations between the parties or their representatives prior hereto and any statutory or other guarantee, warranty conditions or description expressed of implied as to the state or quality or fitness of the goods for any particular purpose or for use under any specific conditions is hereby expressly excluded. Samples supplied have been solely to enable the Buyer to judge for himself the quality of the bulk, and not so as to constitute a sale by sample. The Buyer shall take the goods at his own risk as to their corresponding with the sample.
Price charged will be that ruling on the date of despatch and will be subject to Value Added Tax and any other Government Duty or Tax which is applicable.
a. Accounts are due for payment 30 days from date of invoice, unless specified otherwise by the Seller in writing. Prompt payment is a condition precedent to future deliveries.
b. The Seller may before executing an order require the Buyer to prove to the satisfaction of the Seller that it will fulfil all its obligations and make payment on the due date or dates. Should the Buyer fail to satisfy the Seller in this particular the Seller reserves the right to rescind the contract forthwith and without notice and without liability of any kind to the Seller and without prejudice to any claim or damages by the Seller.
a. The Buyer shall inspect all goods supplied by the Seller immediately on the arrival thereof and shall within 7 days from such arrival give notice in writing to the Seller of any reason whereof the alleges that the goods are not in accordance with the contract. If the Buyer shall fail to give such notice, the goods shall be deemed to be in all respects in accordance with the contract and the Buyer shall be bound to accept and pay for the same accordingly.
b. The Seller will replace at the place of delivery, or at it sale and absolute discretion refund the invoiced value of any goods which are proved within 7 days of delivery to be not in accordance with the express terms of the contract but defects in quality, quantity or dimensions of the goods supplied shall not under any circumstances be grounds for the cancellation, termination or repudiation of the contract by the Buyer or for a claim in damages. Any testing or inspection of the goods by the Buyer must take place before the goods are utilised in any way and any such use will be deemed acceptance of the goods by the Buyer. Replacement of goods or the refund of the invoiced value of the goods as above shall constitute the limit of the Seller’s liability in respect thereof. The Seller shall not be responsible for loss of profits or damage, or injury of any kind whatsoever to any property or persons or animals whether of the Buyer or of any third party caused by or arising from our attributable whether directly or indirectly to the erection or use of the goods supplied, and whether or not occasioned by reason of the negligence of the Seller, its servants or agents.
DEFAULT OF INSOLVENCY OF BUYER
If accounts due from the Buyer to the Seller shall become overdue for 14 days or more or if the Buyer shall make default in or commit a breach of the contract or of any other of his obligations to the Seller, or if any distress or execution shall be levied upon the Buyer’s property or assets, or if the Buyer shall make or offer to make any arrangements of composition with creditors, or commit any act of bankruptcy or if any partition or receiving order in bankruptcy shall be presented or made against him, or if the Buyer is a limited company and any resolution or position to wind up such company’s business (other than for the purposes of amalgamation or reconstruction) shall be passed or presented or if a receiver of such Company’s undertaking, property or assets or any part thereof shall be appointed. The Seller shall have the right forthwith to determine any contract then subsisting and upon written notice of such determination being posted to the Buyer’s last known address any subsisting contracts shall be deemed to have been determined without prejudice to any claim or right the Seller may otherwise make or exercise.
The Seller shall in receipt of all unpaid debts due from the Buyer under the same or any other contract have lien on all goods and property of the Buyer in its possession (although such goods or some of them may have been paid for) and shall alter the expiration of 14 days notice to the Buyer be entitled to dispose of such goods and property, as it deems fit, and apply the proceeds towards such debts.
DELIVERY AND PASSING OF RISK AND TITLE
a. Any time or date named by the Seller for delivery is given and intended as an estimate only and the Seller shall not be liable to make good any damage or loss arising directly or indirectly out of delay in delivery whether or not such delay in delivery is caused by the fault of the Seller nor shall delay in delivery be grounds for termination of the contract.
b. If for any reason the Buyer is unable to accept delivery of the goods at the time when the goods are due and ready for delivery the Seller shall if its storage facilities permit store of the goods and the Buyer shall be liable to the Seller for the reasonable cost (including insurance) of its so doing. This provision shall be without prejudice to any other claim which the Seller may have in respect of the Buyers failure to take delivery at the appropriate date.
c. The risk in the goods shall pass to the Buyer at the point of delivery specified in the Acceptance of Order Form.
d. Not-withstanding delivery and the passing of risk, the property in the goods shall remain in the Seller until the Buyer has paid all monies owned by it to the Seller under this or any other contract or otherwise.
e. If any of the goods are processed into, incorporated into, used as materials for, or mixed with other goods or materials prior to such payment the property (but not the risk) in the whole of such other goods or materials shall pass to the Seller at the moment of such processing, incorporation, use of admixture and shall remain with the Seller until payment of all such monies as are specified in Sub-Clause (d) hereof.
f. Until such payment is made the Buyer shall possess all goods and materials the property in which is vested in the Seller by virtue of this Clause on a fiduciary basis only and if the Seller so requires, the Buyer shall store such goods and materials at no cost to the Seller so that they are clearly identified as belonging to the Seller. If any payment is overdue the Seller may (without prejudice to any of its other rights and remedies) recover and resell any or all of such goods or materials and may enter upon the Buyer’s premises for that purpose.
g. The Buyer has the right to sell for the account of the Seller any goods or materials the property in which is vested in the Seller by virtue of this Clause. In such event the Seller shall be entitled to, and the Buyer shall be under a fiduciary duty to account to the Seller for the proceeds of such sale to the extent that any monies are owned by the Buyer to the Seller. In addition, the Seller shall be entitled to make a claim directly against the Buyer’s customer for any purchase monies unpaid by the customer provided that the Seller shall return to the Buyer any monies recovered in excess of the amount then owed by the buyer to the Seller together with costs and expenses involved in making such a claim.
PATENTS, TRADE MARKS ETC.
The Buyer shall indemnify the Seller against all damages, penalties, costs and expenses to which the Seller may become liable as a result of work done in accordance with the Buyer’s specification or instructions which involves the infringement of any letters patent, trade mark registered design or copyright or which constitutes the tort of passing off.
All pallets, stillages, crates, reels and other packaging specified as returnable will be charged for and credited if returned in good condition within 28 days. No credit will be given for packaging claimed to be returned unles the Buyer can produce the Seller’s receipt therefore clearly identifying the items returned.
RISK AND DAMAGE IN TRANSIT
a. From the time of the despatch of the goods from the Seller until delivery to the Buyer the risk of any loss or damage to or deterioration of the goods from whatever cause shall be borne by the Buyer.
b. If the Seller undertakes delivery of the goods it shall not be liable.
i. for any loss, damage, deviation, delay or detention of the goods in the cause of transit, or for misdelivery or short delivery unless the Buyer gives to the Seller and to the Carrier within 3 days of receipt of the goods written notice of the Buyer’s complaint
ii for non-delivery or non-arrival of the whole or any consignment of the goods or of any separate package unless the Buyer shall give to the Seller and to the Carrier a written notice thereof within 14 days of the date or notification of the despatch of the goods.
a. The due performance of the contract is subject to cancellation by the Seller by notice in writing to the Buyer as a result of inability to secure labour, materials or supplies or as a result of any act of God, war, riots or civil disturbance, strike, lockout or other labour dispute, fire, flood, drought or accident, legislation, requisitioning or other act or order by any government department, council or other duly constituted authority, or of any other clause (whether or the foregoing clauses or not) beyond the Seller’s control. In such event, no liability shall attach to the Seller by reason of cancellation or variation of any contract.
b. Deliveries may also be wholly or partially suspended by the Seller and the time of such suspensions added to the original contract in the event of a stoppage, delay or interruption of work in the establishment of the Seller during the delivery period as a result of any of the clauses set out in subparagraph (a) or any cause whatsoever beyond the control of the Seller.
VARIATION OF TERMS
Subject as aforesaid any variation of the terms and conditions of any contract shall become binding only if confirmed in writing by the Seller and the Buyer.
SELLER’S CONDITIONS TO PREVAIL
These Conditions of Sale shall override any terms and conditions sought to be incorporated in any way by the Buyer in the contract. In the event of the Buyer’s terms and conditions containing clauses which are inconsistent with or which purport to exclude the Seller’s Conditions in any manner, such clauses shall be of no effect and the Seller’s Conditions or Sale shall prevail.
MYLANDS LOYALTY CARD
By using the Mylands Loyalty Card, you are agreeing to the following terms and conditions;
The Loyalty Card may only be used by the company or person named on the reverse.
The card must be signed.
John Myland Ltd reserves the right to terminate the Loyalty Card at any given point in time if we determine that you have violated any provision in the Terms & Conditions.
John Myland Ltd reserve the right to alter or withdraw the Loyalty Card offer at any time.
The Loyalty Card remains the property of John Myland Ltd.
John Myland Ltd reserves the right to amend these terms and conditions of use at any time.
The Loyalty Card is not a cheque guarantee, debit or credit card.
The Loyalty Card is non-transferable and must be presented at time of purchase otherwise no discount will be given.
Fair usage policy applies.
Loyalty Card discounts cannot be used in conjunction with any other offer, discount or loyalty scheme in operation.