MPP Manufacturing LTD | Engineering Companies Bristol | Maching/Fabrication in Bristol

MPP Manufacturing LTD
STANDARD TERMS AND CONDITIONS OF SALE

1. DEFINITIONS
1.1 “The Company” means MPP Manufacturing Ltd.
1.2 “The Customer” means the person, firm or company that contracts with the Company for the purchase of goods or services.
1.3 “The Goods” means the products of any kind manufactured or sold by the company.
1.4 “The Services” means work of any kind carried out by the Company.

2. CONDITIONS APPLICABLE
2.1 These conditions shall apply to all contracts for the sale of goods or services by the Company to the Customer to the exclusion of all other terms and conditions, including any terms or conditions that the Customer may purport to apply under any purchase order, confirmation of order or similar documents.
2.2 All orders for goods or services shall be deemed to be an offer by the Customer to purchase goods or services pursuant to these conditions.
2.3 Acceptance of delivery of the goods or service shall be deemed conclusive evidence of the Customer’s acceptance to these conditions.
2.4 Any variation to these conditions (including any special terms or conditions agreed between the parties) shall be inapplicable unless agreed in writing by a director of the Company.
2.5 In the event that information given by the Customer to the Company differs from that on which the quotation was based and involves the alteration of the quotation, the Company may increase the price quoted therein to cover any increase in cost that the alteration may incur and amend the delivery date.

3. THE PRICE AND PAYMENT
3.1 The price of the goods or service shall be the Company’s quoted price which will be binding upon the Company provided that the Customer shall accept the Company’s quotation within 30 days.
3.2 The Customer may be required to pay a deposit upon the placing of an order and the balance of the price must be paid no later than 30 days after delivery of the Goods or completion of the Services. If the Customer does not pay the balance of the price on the relevant date interest shall be payable on the amount outstanding for the period beginning with the date payment is due and ending with the date of payment at the rate of 4%

4. DELIVERY OF THE GOODS
4.1 The Company will make every endeavour to meet the delivery times for the provision of the goods or services that are specified in the quotation but no guarantee is given as to delivery times which are forecasts only. Time shall not be of the essence of the contract save in the case of payment due to the Company.
4.2 Delivery times shall run from the date of receipt by the Company of the Customer’s order in writing or email.
4.3 Delay in delivery shall not give the Customer the right to cancel the order.
4.4 The Company may deliver the goods or service by separate instalments in accordance with an agreed schedule. Each schedule shall be invoiced and paid in accordance with these terms and conditions.
4.5 The failure of the Customer to pay for any one or more of the said instalments on the due dates shall entitle the Company (at its sole option) without further notice to suspend further deliveries of the goods or service pending payment by the Customer..
4.6 The Company shall not be liable for any loss or damage whatsoever due to failure by the Company to deliver the goods or service (or any of them or it) promptly or at all.
4.7 The Company may arrange for carriage of the goods to the Customer’s address or the address of a third party. The costs of carriage and any insurance that the Customer reasonably directs the Company to incur shall be reimbursed by the Customer without any set off or other withholding whatsoever and shall be due on the date of payment of the price. The carrier shall be deemed to be the Customer’s agent.

5 DAMAGE, SHORTAGE AND LOSS
5.1 In the event that the Company delivers the goods to the Customer, or uses a carrier to do so, the Customer must notify the Company within three days of delivery of any damage, shortage or loss.
5.2 The Company shall not be liable for any loss or consequential loss arising from such damage or shortage.

6 DEFECTS
6.1 The Customer must notify the Company within 7 days of receipt of the goods or service of any defects in them. The Customer shall return the goods to the Company carriage paid.
6.2 If the Company accepts the Customer’s claim, the Company shall have the choice of rectifying the defect or crediting the Customer with the amount given on the quotation.
6.3 The Customer may not charge the Company for any work the Customer carries out to rectify a defect without written agreement from the Company.
6.4 The Company shall dispatch any rectified goods to the Customer carriage paid

7 LIABILITY
7.1 No liability is accepted for any direct or indirect cost, damage or expense relating to property or injury or loss to any person firm or company or for any loss of profits or production arising out of or occasioned by any defect in or failure of materials or for parts thereof supplied by the Company or other consequential loss howsoever arising (except to the extent that any such liability may not be excluded by statute).
7.2 The Company’s liability whether in respect of one claim or an aggregate arising out of any contract shall not exceed the purchase price payable under the contract.
7.3 Where the Customer accepts or has been deemed to have accepted any goods, then the Company shall have no liability whatsoever to the Customer in respect of those goods.

8 INTELLECTUAL PROPERTY
8.1 The specifications and designs of the goods (including the copyright, design right or other intellectual property in them) shall as between the parties be the property of the Company. Where any designs or specifications have been supplied by the Customer for the manufacture by or to the order of the Company then, the Customer warrants that the use of those designs or specifications for the manufacturing process, assembly or supply of the goods shall not infringe the rights of any third party.
8.2 The Customer shall indemnify the Company in full against all liability and cost of any infringement (alleged and proven) by the Customer of any patent, copyright, or other intellectual or industrial property.
8.3 The Customer shall not alter, deface, reproduce or use any of the Company’s trademarks.
8.4 All drawings, documents and other information supplied by the Company are supplied on the express understanding that the Customer will not without written consent from the Company give away, loan, exhibit or sell any such drawings or extracts thereof or copies thereof or use them in any way except in connection with the components for which they are used

9 CUSTOMER DRAWINGS
9.1 The Company accepts no responsibility for the accuracy of information or drawings supplied by the Customer.
9.2 The Customer shall indemnify the Company from and against all actions, claims, costs and proceedings that arise due to the manufacture of components according to the drawings and specifications of the Customer, where such drawings and specifications of the Customer shall be erroneous.

10 SUB CONTRACTING
10.1 The Company may licence or sub-contract all or any part if its rights and obligations under this contract without the Customer’s consent.