Conditions of Sale
CONDITIONS OF TRADE
General
1. These Conditions of Trade shall apply to all quotations issued and sales made by Mastermesh Wire Limited (the Company) and to all goods
supplied by the Company to any person, firm or company (the Customer) and shall override any condition of purchase placed upon any
orders by any Customer.
2. All quotations issued and sales made by the Company and goods supplied by it shall be deemed to be made under a contract incorporating
these Conditions of Trade and shall be interpreted in accordance with English Law irrespective of the residence, domicile or principal
trading address of the Customer and wherever the address to which the goods are supplied.
3. If any one or more of the provisions of these Conditions of Trade shall be adjudged by any Court to be unfair within the meaning of the
Unfair Contract Terms legislation or any statutory modification thereof then only those particular provisions shall be unenforceable but the
remaining provisions of these Conditions of Trade shall continue in full force and effect.
4. The Customer acknowledges that the Customer has not entered into any contract for sale with the Company as a result of any representation
or warranty oral or written made by or on behalf of the Company.
Specific
1. The price of goods will be the Company’s quoted price which will be binding upon the Company provided that the Customer will accept
the Company’s quotation within 30 days. All prices stated will be in pounds sterling unless otherwise stated. The price is exclusive of Value
Added Tax which will be due at the rate ruling at the date of Value Added Tax invoice.
2. Customers will provide written confirmation of all orders which the Company deems to be “Special” (Special Order). The Company may
define any order as a Special Order and will inform customers if an order is a Special Order at the time of quotation and order. A cancellation
charge of 50% (excluding Value Added Tax) will apply to all Special Orders.
3. All invoices are payable on the date of issue thereof. The Company may in its absolute discretion on any one or more contract grant to the
Customer 30 days credit from the invoice date in which to pay for the goods supplied but this shall not affect the fact that all invoices are payable on the date of
issue. Time for payment will be of the essence. At the Company’s discretion in respect of any order the Company may request the Customer
to pay all or any part of the price thereof prior to the Company supplying any services or goods. If the Customer shall not make such
pre-payment as requested the Company shall be under no liability to supply any goods to the Customer.
4. If the Buyer fails to pay the Company any sum due pursuant to the Contract, the Buyer will be liable to pay compound interest to the
Company on such sum from the due date for payment at the annual rate of 5% above the base lending rate from time to time of The bank of England, accruing on a daily basis until payment is made, whether before or after any judgment.
5. In the event of the Company deciding to employ solicitors or other agencies to collect all or any sums due from any Customer to the
Company the costs so incurred by the Company shall be paid by the Customer such costs not being limited to those recoverable under a
Court action.
6. All goods are at the risk of the Customer from the time of delivery. Ownership of goods shall not pass to the Customer until the Company
has received in full (in cash or in cleared funds) all sums due to it in respect of the goods and all other sums which are or which become
due to the Company from the Customer on any account. Until such time as payment for goods in full has been received by the Company
the Customer shall hold such goods or any monies representing the sale proceeds thereof as trustee for the Company and shall store the
goods (at no cost to the Company) separately from all other goods of the Buyer or any third party in such a way that they remain readily
identifiable as the Company’s property. In the event of any goods not being paid for in full on the date upon which payment therefore was
due the Company shall have power to recover possession of those goods or any other goods supplied by the Company to the Customer
retained by the Customer and the Customer hereby expressly grants a licence to the Company to enter upon any premises upon which
such goods are located to recover possession thereof.
7. The Company shall be at liberty in the event of it being unable to obtain from its suppliers supplies of any particular item ordered by the
Customer to supply any equivalent item of equal quality and value and shall not be deemed to be in breach of the terms of this contract by
so doing. The Company accepts no responsibility for the consequence of the delay of any order or part thereof, where the delay is caused
by the supplier.
8. Should the Customer postpone the delivery of an order the Customer shall agree to pay all costs incurred by the Company including a
charge for the storage of goods.
9. The Company will not be responsible for any loss or damage of whatsoever nature and howsoever caused to the Customer or to any third
party or their respective business or employees as a result of any defect in the goods supplied or the packaging thereof or any use to which
they are put by the Customer or any third party.
10. Any claim for damage to or short delivery of the goods supplied shall be notified by the Customer to the Company in writing within
7 days of the date of delivery of the goods in default of which no claim shall arise against the Company in respect of such damage or
short delivery.
11. Any claim made by the Customer against the Company in respect of losses arising as a result of any defect in the goods supplied or any
short delivery shall be limited to the value of the goods supplied.
12. The Company will use its reasonable endeavours to supply goods upon any dates for supply specifically agreed between the Company
and the Customer but in the event of the Company being unable through no fault of its own to meet such dates no claim shall arise against
the Company by the Customer.
13. The Company may at its absolute discretion refuse to supply any goods to any Customer and in such event shall notify such Customer in
writing of its decision not to supply at least 48 hours before the goods are due to be delivered in which event the Customer shall have no
claim against the Company for any loss arising as a result of the Company’s refusal to supply as aforesaid.
14. All orders shall be exclusive of carriage charges which shall be added to the invoice by the Company and shall be payable as part of the
invoice. At the Company’s discretion any such carriage charge may be waived.
15. Unless otherwise agreed in writing no goods supplied by the Company to the Customer are on a sale or return or sample basis, no goods
once delivered may be returned to the Company without prior written authority from the Company unless those goods are accepted by the
Company as being defective in some way. In the event of a return being authorised by the Company the Company shall have the right to
charge carriage to and from the delivery location. All goods should be returned in their original packaging and if not defective they should
be in a saleable condition.
16. There will be no discounts on invoices unless specifically agreed between the Company and the Customer and further in the event of any
invoice upon which discount has been agreed not being paid by its due date then discounts will be forfeited.
17. Preparatory to entering into any contract the Customer may supply to the Company drawings, technical specifications, catalogues, materials
or other items to assist the Company in manufacturing the goods. The same must be accurate in all respects. The Company cannot accept
responsibility for inaccuracies as a result of incorrect information or items supplied by the Customer. Furthermore, the Company cannot
accept responsibility for loss or otherwise of the Customers goods whilst on the Company’s premises.
18. No order when once placed with the Company can be varied without the Company’s written consent. In the event of the Company agreeing
to vary any order the costs of all additional works done by the Company both in design or production shall be paid by the Customer either at the date of such variation or at the date of supply of the goods whichever the Company shall decide.
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