MAJOR MACHINE TOOLS LTD
Terms and Conditions of Sale
1.1.1 “ Buyer ” means the customer who accepts the Sellers quotation for the Goods or whose order for the Goods is accepted by the Seller.
1.1.2 “ Conditions ” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
1.1.3 “ Goods “ means the machinery equipment materials components services or supervision which the Seller is to supply.
1.1.4 “ Price “ means the price for the Goods excluding carriage, packing, insurance and VAT.
1.1.5 “ Seller” means Major Machine Tools Ltd of Poyntz House Harlestone Road Chapel Brampton Northampton NN6 8AW .
2 Terms and Conditions of Sale
2.1 The buyer acknowledges that -
2.1.1 It purchases the Goods in the course of its business and not for private use
2.1.2 It purchases the Goods on the terms of these Conditions only and that no variation or alteration (including any terms and conditions which a Buyer may
purport to apply under any purchase order confirmation or order (or similar document) shall bind the Seller unless expressly agreed in writing.
2.1.3 Specifications and descriptions are given in good faith and are designed as a guide only criteria must be checked they are not to be regarded as binding in
detail and they do not form part of any Contract. The Goods are sold strictly “as seen” and no warranty or guarantee is given or implied as to their age, suitability,
capacity, quality, fitness, condition, performance or compliance with the Health and Safety at Work etc , Act 1974 or any other safety legislation.
2.1.4 Save as expressly provided in these Conditions all warranties, conditions or other terms implied by statutory common law are excluded to the fullest extent
permitted by law.
2.1.5 Except in respect of death or personal injury caused by the Sellers negligence the Seller shall not be liable to the Buyer for any consequential loss or
damage costs, expenses or other claims for consequential compensation whatsoever which arise out of or in connection with the supply of the Goods or their use or re-sale
by the Buyer.
2.1.6 The Buyer shall be responsible for ensuring that all statutory and non-statutory regulations and directions are complied with in relation to the use of any
Goods purchased from the Seller and that no warranties express or implied are given by the Seller that the Goods comply with any such regulations or directions.
2.1.7 The Buyer indemnifies and holds harmless the Seller against any liability whatsoever arising in relation to the Goods or its use save as provided in
Section 210 of the Unfair Contract Terms Act 1977.
2.1.8 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant of these Conditions.
3.1 The Price of the Goods shall be the Seller’s quoted Price and shall be valid for 30 days only after which time it may be altered by the Seller.
3.2 Except as otherwise agreed in writing all prices are for delivery of the Goods to the Buyer at the Sellers premises. Where the Seller agrees to deliver the goods otherwise than at the Sellers premises the Buyer shall be liable to pay the Seller’s chages for packing, transport and insurance and for any installation or erections
at the Buyer’s premises, starting up, demonstration, training or commissioning.
3.3 Prices quoted by the Seller are subject to VAT and the rate prevailing at the time of invoicing.
3.4 Except as agreed in writing between the Seller and the Buyer full payment must be received in cleared funds
1 On or before delivery, or 2 Within 30 days after the Seller has notified the Buyer that the Goods are ready for collection.
Whichever is the earlier. Time for payment shall be of the essence.
3.5 The Seller shall be entitled to charge for storage at its usual storage rate for any Goods not collected by the Buyer within 30 days after the Seller has notified
the Buyer that the Goods are ready for collection or immediately if the Buyer wrongfully fails or refuses to take delivery of the goods.
3.6 Interest on overdue invoices shall accrue from the date when payment becomes due under condiont 3.4 from day to day until the date of payment at a rate of
(2%) above HSBC Bank PLC base rate from time to time in force and shall accrue at such a rate after as well as before any judgement.
4 Description Risk and Property
4.1 The quantity and description of Goods shall be as set out in the Seller’s quotation
4.2 In the case of Goods to be delivered at the Seller’s premises risk of damage or loss to the Goods shall pass to the Buyer either upon delivery to the Buyer or at
midnight on the third working day after the Seller notified the Buyer that the Goods are ready for collection whichever is the earlier.
4.3 In the case of Goods to be delivered elsewhere, risk of damage or loss shall pass to the Buyer at the time of delivery or if the Buyer wrongfully fails to take delivery of the Goods
when the Seller tendered delivery of the Goods.
4.4 Without prejudice to condition 3.4 and notwithstanding delivery and the passing of risk in the Goods property in the Goods shall not pass from the Seller until the Buyer shall
have paid cash or cleared funds all sums due to the Seller in connection with the supply of Goods.
4.5 Until property in the Goods passes to the Buyer the Buyer shall hold the Goods and each of them on a fiduciary basis as bailee for the Seller. The Buyer shall store the Goods
(at no cost to the Seller) separately from all other goods in such a position and marked in such a way that they are clearly indentified as the Seller’s property.
4.6 The Seller shall be entitled to recover all sums due to the Seller in respect of the supply of the Goods notwithstanding the property in any of the Goods has not passed from the Seller.
4.7 Until property in the Goods passes from the Seller to the Buyer shall upon request deliver up the Goods and the Seller shall have irrevocable licence to enter upon any premises of the
Buyer or of any third party where the Goods are stored and repossess the Goods.
4.8 The Buyer shall insure and keep insured the Goods to the full value against “all risks” to the reasonable satisfaction of the Seller until property in the Goods passes from the Seller.
4.9 The Buyer (if a Company) shall promptly deliver the prescribed particulars of this contact to the Registrar in accordance with the Companies Act 1985 Part VII as amended.
5.1 Any notice required to be given to either party to the other under these Conditions shall be in writing addressed to that other party at its principle place of business or such other address as may at the relevant time be notified to the party giving the notice.
5.2 Any such notice may be delivered or sent by registered post or recorded delivery service or by email message of facsimile transmission and the service of such notice shall be deemed to take place if delivery when delivered and if sent by post in the course of ordinary first class postal delivery and if sent by email or facsimile transmission on the day of despatch by the relevant party.
5.3 These terms and conditions and any contract made under them are subject to the law of England and Wales.