TERMS & CONDITIONS
1. These conditions apply to all contracts for the sale of goods & services made between and company in the MGD Group which includes Marble & Granite Designs Ltd. and Urban Tiles Ltd. (herein referred to as the “Company”) and the Customer. Any qualification or modification of these conditions will be invalid unless expressly agreed in writing and signed by a Director of the company.
2. Prices are subject to revision without notice and will be those ruling at date of despatch. The prices are exclusive of VAT which the customer shall also be liable for when the goods are due for payment.
3. Offers for delivery from stock are made subject to goods remaining unsold on receipt of order.
4. Illustrations of goods offered are given as closely as possible but are not binding as to details.
5. Orders may be cancelled only with the Company’s written sanction and those for goods made to special order cannot be cancelled,
under any circumstances.
6. Delivery to site or Customer’s address is limited to as near as a safe hard road permits. The Customer is to provide, without charge, the labour required for unloading.
7. The Company shall not in any circumstances be liable to the customer in respect of any consequential or indirect loss or damage (including loss or profit) which the Customer may suffer by reason of any default by the company including any failure of the company to make delivery dates.
8. The return of goods, other than returnable empties can be accepted only by prior agreement with the Company.
9. The Company reserves the right to subcontract any work or order.
10. No claim shall be entertained by the Company for:
a. Damage or shortage unless the Company (and the carrier if other than the Company) is notified in writing within three days from date of delivery.
b. Non-delivery of consignment unless we are notified in writing within seven days from date of advice note.
11. All goods must be inspected by the customer on delivery and before fixing to ensure that they are as ordered, suitable for the purpose required and in good condition.
12. Whilst every endeavour is made to supply goods as ordered and of sound workmanship and material, no guarantee or warranty is given or implied as to the correctness, soundness, workmanship or efficiency of any goods (whether supplied for any particular purpose or otherwise and whether not supplied direct from another manufacturer or supplier) but in the event of any goods supplied proving to be defective in material or workmanship the Company undertakes to replace or repair the same free of charge provided that a claim has been made in writing with full particulars within one month of delivery of the goods.
13. Subject to clause 12 the following provisions set out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents and subcontractors) to the customer in respect of any breach of these conditions any use made or resale by the customer of any of the goods, or of any product incorporating any of the goods and any representation, statement or tortious act or omission including negligence arising under or in connection with the contract.
14. All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the contract.
15. Nothing in these conditions excludes or limits the liability of the Company for death or personal injury caused by the Company’s negligence or under section 2(3), Consumer Protection Act 1987; or for any matter which it would be illegal for the Company to exclude or attempt to exclude it’s liability or for fraud or fraudulent misrepresentation.
16. Subject to clauses 14 and 15 the Company’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the contract shall be limited to the contract price and the company shall not be liable to the Customer for loss of profit, loss of business, or depletion of goodwill in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (however caused) which arise out of or in connection with the contract.
17. The ownership and title to all goods delivered or to be delivered by the Company will not pass to the Customer until the Customer has paid all monies due to the Company on any account and until such monies due have been paid the Customer shall store these goods clearly marked as the property of the Company. The Customer shall nevertheless be entitled to sell the goods to third parties in the ordinary course of the Customers business and to so deliver them and in such event if any monies are outstanding to the Company the Customer will assign to the Company such rights as the Customer may have against such third parties to recover payment for the goods from such third parties and the purchaser will hold any monies received by the Customer for the sale of the goods on trust for the Company and account to the Company for the same.
18. The goods are at the risk of the Customer from the time of delivery.
19. The contract shall be governed by English Law and the Customer submits to the jurisdiction of the English Courts of Law.
20. Accounts are subject to settlement by the Customer within one calendar month of the date of the Customer’s monthly statement.
Without prejudice to the Company’s right to enforce payment, we reserve the right to claim late payment interest, late payment compensation and reasonable debt collection costs as prescribed under the Late Payment of Commercial Debts (Interest) Act 1998 (as amended). In the event of the Customer suffering any distress or execution to be levied against him/her or entering into any arrangement with his/her creditors or (being an individual) becoming subject to the bankruptcy laws or (being a Company) entering into liquidation other than for the purpose of amalgamation or reconstruction or having a receiving and/or manager, administrator or administrative receiver appointed of the whole or any part of its assets or any proceedings are commenced in relation to the insolvency or potential insolvency of the Customer, the Company shall be entitled to cancel the contract by notice in writing to the Customer, without prejudice to its right to payment for goods delivered and for work undertaken and expenses incurred in connection with undelivered goods which shall become immediately due and payable on demand.