Company Terms & Conditions
1. DEFINITIONS
In these Conditions:
"MONODRAUGHT. means Monodraught Ltd –registered office is at Halifax House, Cressex Business Park, High Wycombe, Buckinghamshire HP12 3SE, (Company Reg No. 01163485).
"BUYER. means the person or firm who acquires Goods and/or Services from Monodraught.
"CONDITIONS" means these Terms and Conditions of Trading..
"GOODS. means any Goods sold by Monodraught to the Buyer.
"QUOTATION" means a Monodraught quotation for Goods and/or Services.
"SERVICES. means any installation, design, fabrication or construction undertaken by Monodraught or its agents.
2. ORDERS
All orders between Monodraught and the Buyer whether written or verbal are accepted by Monodraught subject to the Goods being available and subject also to these Conditions applying. These Conditions override any conditions of purchase of the Buyer including any conditions on the Buyers. order form or similar documentation, unless agreed by Monodraught in writing. Acceptance of a Quotation or acknowledgement of order by the Buyer is deemed acceptance of these Conditions.
An order accepted by Monodraught cannot be cancelled, deferred or altered except by mutual agreement and confirmed in writing by both parties and is subject to agreement on costs incurred.
3. PRICES
All prices quoted are valid for a period of six months from the date of a Quotation or from the date of issue of price lists unless otherwise expressly stated in the quotation or price list. All prices are subject to Valued Added Tax at the current rate at the time of delivery.
4. DISCOUNTS
All prices quoted are net trade prices and shall not be subject to retention or net discount, unless specifically stated in a Quotation or Acknowledgement of Order. Any proforma payment is subject to 2½% discount unless otherwise stated.
5. CARRIAGE
Carriage prices shown in Quotations are net prices and are not subject to any discount. Carriage charges to sites overseas or to sites in excess of 300 miles from High Wycombe are charged at cost, subject to agreement before delivery.
6. DELIVERY
Monodraught will use its reasonable endeavours to make deliveries of Goods on a date or dates agreed. Monodraught does not accept any responsibility for liability for failure to deliver or for any delay in delivering Goods in accordance with the order unless otherwise agreed in writing before delivery.
7. DAMAGED GOODS
The Buyer shall not be entitled to issue a claim against Monodraught in relation to alleged damaged Goods or alleged shortages of Goods unless the Buyer has notified Monodraught in writing of the alleged defects/shortages within 48 hours of delivery. The Buyer must notify Monodraught directly about any damage or perceived damage to Goods (including packaging) relating to carriage.
8. RETURNED GOODS
The Buyer will not be entitled to return Goods to Monodraught unless Monodraught gives written consent. Should Monodraught consent to accepting returned Goods, the Buyer shall be liable to pay a restocking charge amounting to 15% of the agreed purchase price for the Goods.
9. RISK AND INSURANCE
The risk in the Goods shall pass to the Buyer from the point of delivery to the Buyer.s address or other agreed place of delivery or on collection by the Buyer as appropriate notwithstanding that property in the Goods may be retained by Monodraught in accordance with Clause 12. The Buyer shall be responsible for effecting his own insurance as appropriate from the date of delivery of any Goods. Once the Goods have been delivered or Services have been installed the Buyer shall be responsible to fully protect them and keep safe the goods and installation.
10. PRICE OF GOODS AND SERVICES
The Goods and Services shall be supplied in accordance with the Monodraught.s Acknowledgement of Order and shall not be subject to reduction or variation unless agreed in writing. The Buyer shall not be entitled to apply any set off against any sums owing to Monodraught under any other sums owing to Monodraught.
11. TERMS OF PAYMENT
Payment of any invoice shall become due on the date of Monodraught.s invoice and the final date for payment shall be 30 days after the invoice amount becomes due. Amounts unpaid beyond the final date for payment are payable with interest calculated at the rate of 8% over the base rate of the Bank of England applicable at the final date for payment until payment is received
Any invoice queries shall be notified within 7 days from receipt of invoice. If part of an Invoice by the Buyer is disputed for good cause, only the disputed part may be withheld and the balance must be paid by the due date. Where part delivery or part service work is carried out, an Application for Payment on Account will be made and payment is due to Monodraught 30 days from the date of the Application.
If the Buyer fails to make any payment on the due date then without prejudice to any other rights or liberty available to Monodraught reserves the right to:-
(i) Cancel the order or suspend any further deliveries or Services.
(ii) Take down and retrieve any Goods or systems previously installed.
12. RETENTION OF TITLE AND PASSING OF PROPERTY
Title in the Goods shall remain with Monodraught until full payment for the Goods and Services has been received by Monodraught. Until such time, the Buyer shall keep the Goods free from any charge, lien or other encumbrance whatsoever.
Until payment in full for the Goods and Services has been received, Monodraught may at any time require the Goods to be returned to it and if such requirement is not forthwith complied with it may retake possession of the Goods and for such purposes is irrevocably authorised to enter upon any premises whether or not occupied by the Buyer and retrieve the Goods as set out in Clause 11(ii)
13. QUALITY AND PURPOSE
The Goods are warranted in accordance with the specification set out in Monodraught.s Quotation or in its Guarantee Document which is available upon request or if there is no such specification, to be within normal limits of quality or description statutory or otherwise.
Whilst all product information is given in good faith the use or application of the Goods is outside the control of Monodraught and accordingly Monodraught gives no warranty as to the fitness of the Goods for any particular purpose and any implied warranty or condition (statutory or otherwise) is excluded insofar as such exclusion is permitted by law.
Monodraught.s liability in respect of the quality or fitness for the purpose of the Goods supplied shall not extend to the Buyer.s loss of profits, increased cost or work or any other consequential loss. Any liability arising in connection with the order owed by Monodraught to the Buyer shall at all times be limited to the value of the Goods and/or Services (as the case may be) and shall not exceed an amount which is just and equitable taking into account the relative contributions to any loss suffered by the Buyer of Monodraught and other parties who have entered into any arrangements (contractual or otherwise) with the Buyer.
14. FORCE MAJEURE
Notwithstanding any agreement to the contrary, any delivery may be totally or partially suspended by Monodraught as a result in delay in manufacture, supply or delivery arising from acts of God, unforeseeable circumstances, acts of Government or local authority, war, revolution, fires, ice, strikes, industrial disputes, inability to obtain necessary and proper materials, facilities, transportation or labour or any other cause beyond Monodraught.s control. Any Goods, the delivery of which has not been totally or partially suspended shall be accepted by the Buyer as soon as it is reasonably practicable after the reason for delay has abated.
15. LAW
Any order governed by these Conditions shall in all respects be subject to English law and the English Courts. Any order is not intended by the parties to give rise to any right which is enforceable by any third party by virtue of the Contracts (Rights of Third Parties) Act 1999.
Monodraught Limited These Terms and Conditions supersede
1st October 2007 all previous Terms and Conditions.