Terms of Business
MARK GARRICK LTD
SUMMARY OF GENERAL TERMS OF BUSINESS
The company’s quotations are given without commitment and no contract between the Company and the Buyer shall arise unless and until the Company has accepted in writing the Buyer’s order placed on the Company’s quotation.
(i) Prices contained in a quotation, price list, catalogue or similar matter shall be based upon manufacturer’s costs ruling at the date thereof and re for guidance only. The contract price shall be the price current at the date of delivery of the Goods and/or when services are performed as the case may be.
(ii) In the event that manufacturer’s prices are increased after acceptance of the Buyer’s order by the Company and before delivery, the Company shall give notice of such increase to the Buyer and the Buyer shall pay such increases unless within seven days of such notice the Buyer gives written notice of cancellation.
(iii) Unless otherwise stated the prices do not include VAT which will be chargeable at the date of dispatch and/or performance of services as the case may be.
(iv) The Buyer shall bear the cost of any delivery charges imposed on the Company by the manufacturer.
Except as provided in Clause (ii) above cancellation by the Buyer of any order shall only take place with the Company’s written agreement
and may be subject to a minimum cancellation charge of 10% of the contract price.
Specially ordered parts supplied correctly cannot be returned for credit.
Parts accepted back for credit will be subject to the following handling charge: 0-10 days = 20%. 11-21 days = 35%.
Parts will not be accepted for return after 21 days.
Dispatch and Delivery
(i) Delivery shall be deemed to occur and the risk of loss or damage of any kind in the Goods shall pass to the Buyer on whichever of the following events occurs earlier:-
(a) collection by on or behalf of the Buyer or by a carrier for dispatch to the Buyer (whether or not such carrier be the Company’s agent or servant);
(b) 7 days from the date of notice given by the Company that the goods are ready for collection or dispatch.
(ii) The Buyer shall carefully examine the goods within 48 hours of receipt of the same and shall by written notice to be received by the Company within 7 days of receipt of the Goods notify the Company of any defects reasonably discoverable on careful examination. In the absence of receipt of such notice the Company shall be discharges from all liability in respect of such defects.
(i) Unless otherwise agreed in writing payment for parts, service and hires shall be due 28 days from date of invoice and in the case of all other goods (e.g. whole goods) shall be due not later than the date of delivery and in this respect shall be the essence of the contract.
(ii) The Company reserves the right to charge interest on overdue accounts.
(iii) “payment” means in the case of a cheque that it has been met on first presentation and in the case of other negotiable instruments that the amount thereof has been credited to the Company’s account.
Property in Goods
(i) In this cause the expression “the Goods” shall mean:-
(a) any goods, parts or other thing supplied by the Company to the Buyer;
(b) whether or not it has been combined with any other part item or thing;
(ii) Until payment has been made of the price of the Goods and of any other sums whatsoever which are or may
becoming owing from the Buyer to the Company, whether accrued due or not under this contract and including debts and liabilities arising before or after the date of the contract:-
(a) the property in the Goods shall not pass to the Buyer and the Buyer shall keep the Goods as bail for the Company (returning the same to the Company on request);
(b) the Buyer shall be at liberty to sell the Goods in the ordinary course of business in the name of the Buyer and as principal and not as agent for the Company notwithstanding the fact that title to the Goods has not then passed to the Buyer but the benefits of any such contract or sale and the proceeds of any such sale shall belong to the Company absolutely.
(c) the Buyer shall keep and safely store the Goods separately and in such manner that they can readily be identified as the property of the Company;
(d) in the event of the determination or reputation of the contract (however occurring) the Company is hereby irrevocably authorised to enter on to the premises of the Buyer and repossess the goods and any other goods in the Buyer’s possession at the property in which is vested in the Company;
(e) the Buyer will keep the goods free from and will indemnify the Company against any charge, lien or other encumbrance thereon.