Goods are sold and work is undertaken upon the following conditions:
M-Racing.co.uk Conditions of Sale:
Goods are sold and work is undertaken upon the following conditions:
The “Seller “ means M-Racing.co.uk
The “Buyer” means the corporate entity to which the goods are to be sold.
The “Goods” means the goods specified on the invoice or in any other documents to which these are made to apply.
These conditions shall prevail over any conditions contained in the Buyer’s Purchase Order or in correspondence or elsewhere. Any term or condition not included in these Conditions of Sale shall be without effect unless expressly confirmed in writing by the Seller.
a) Unless otherwise stated, carriage and packing are charged extra. A standard carriage and packing charge at the current prevailing rates is applied. Special deliveries are charged to the buyer at cost.
b) Whilst the Seller will take all reasonable steps to deliver the goods within the agreed delivery period, the Seller accepts no responsibility for failure to do so.
c) The Seller reserves the right to deliver in more than one shipment at its discretion.
d) Notwithstanding the provisions of condition 4, the goods shall be at the buyers risk from the time of delivery to him or any agent or carrier acting on his behalf.
a) All accounts are strictly cash with order.
b) The seller reserves the right to suspend all deliveries where payment is not received in accordance with paragraph (a) of this clause, or in accordance with any other alternative arrangement which shall be agreed in writing between the two parties. In such an event any previously agreed period will no longer be valid and all monies owed to the Seller by the Buyer will become immediately due and payable on demand. Where payment is not received within 7 working days of the due date the buyer shall be liable to pay a late payment administration fee of £25.00 and interest on the outstanding amount from that time until full settlement at the rate of 2% above LLoyds TSB Bank PLC base rate per month.
c) All prices are inclusive of VAT.
d) It is a pre-condition of any claim against the seller that the buyer shall have complied in full with the terms of payment and other obligations arising under these conditions.
4. Transfer of Property.
The Seller reserves in accordance with section 19 of the Sale of Goods Act 1979, the right of disposal of and retains the right and title to any goods delivered to the Buyer under any agreement for sale until either:
a) the time of receipt by the seller of
i) all sums payable thereof (whether such sums are due on delivery or are the subject of any credit agreed or granted for any period thereafter); and
ii) any other sums due from the buyer at the date of delivery on any other account; or
b) if the Buyer incorporates the goods in other goods in the ordinary course of manufacture, until the time of such incorporation whichever these two times is the earlier. Until such payment or any such incorporation, the buyer shall hold or store the goods as bailee for and on behalf of the seller and in such a place and way that the goods are clearly and readily identifiable as the seller’s property and shall deliver them up to the seller forthwith upon the seller's request made at any time after delivery. Any such request by the seller shall have the effect of bringing to an end the agreement for the sale of the goods to the buyer (without prejudice to the seller’s right to claim damages from the buyer for any breach of the agreement for sale prior to such request).
c) Prior to payment as aforesaid and prior to any such request as aforesaid:
i) the Buyer shall be entitled to incorporate the goods in other goods in the ordinary course of manufacture, but shall not otherwise have any right to use the goods; and
ii) the Buyer shall not have any right to dispose of the goods (in circumstances where they have not been incorporated in other goods pursuant to (i) except as agent for and on behalf of the Seller), and any such disposal of the goods for and on behalf of the Seller shall bring the agreement of sale to the Buyer to an end and the Buyer shall receive and keep separate and hold all rights to the whole proceeds thereof on trust for the sole benefit of the Seller.
a) The Seller guarantees to the buyer that the goods will be free from defects caused by faulty materials or poor workmanship for the period of 30 days from the date of purchase. With respect to software programmes, the Seller does not warrant the intellectual contents to be free from errors. Under this guarantee the seller will, at its option, either repair or give as replacement of equivalent quality (“refurbished”) or issue credit to the buyer (at the sellers sole discretion, which in itself will set no precedent) for any goods found to be defective by reason of faulty maintenance or poor workmanship provided that:
i) the Seller is notified in writing within 7 days of the discovery on any such defects by the Buyer and in any event not later than one month from the date of delivery; and
ii) the defective goods are returned to the Seller, transportation charges are being prepaid by the buyer, the goods remaining their responsibilty until received by the seller; and
iii) should examination by the Seller of such goods disclose to the Seller’s satisfaction that such defects do exist and have not been caused by misuse, neglect, accident, improper storage, installation or handling, or by repair or alteration not effected by Seller; and
iv) the Buyer agrees to pay the Seller the costs (as certified by the seller) incurred of any such examination of goods as a result of which the Seller does not admit liability
b) This guarantee does not extend to:
i) expendable or consumable material; and
ii) any goods or parts thereof supplied but not manufactured by the seller.
c) IN THE CASE OF A CONSUMER TRANSACTION THIS CONDITION 5 SHALL NOT AFFECT THE STATUTORY RIGHT OF THE BUYER'S DEFINED IN THE CONSUMER TRANSACTIONS (RESTRICTION OF STATEMENTS) ORDER 1976 (AS AMENDED).
d) This guarantee is not transferable.
6. Exclusion of Liability.
a) Save as expressly provided in condition 5, the seller shall be under no liability of whatsoever kind howsoever caused whether or not due to the negligence or wilful default of the seller or its servants or agents arising out of or in connection with the goods. All condition warranties or other terms, whether express or implied, statutory or otherwise, are hereby expressly excluded provided that nothing in this paragraph shall exclude or restrict any liability of the Seller for death or personal injury resulting from the negligence of the seller or its servants or agents.
b) should it be held in relation to any claim that paragraph (a) above is not effective the Buyer shall not be entitled to reject the goods and any damages, recovery by the Buyer shall be limited to the reasonable cost of remedying the breach of contract and the Seller reserves the right to undertake such remedial work themselves. In any event the supplier shall be liable for a maximum of the replacement cost of the goods they have supplied.
c) except where the contract is an international supply contract having the characteristics specified in Section 26 of the Unfair Contract Terms Act 1977 (as amended) nothing contained in this condition shall exclude or restrict:
i) Any liability of the Seller for breach of its implied undertakings as to title; and
ii) where the Buyer deals as consumer within the meaning of the Unfair Contract Terms Act 1977 (as amended), any liability of the Seller for breach of its implied undertakings as to conformity of the goods with description or sample or as to their quality fitness for a particular purpose.
7. Force Majeure/Acts of God
The Seller shall have no liability in respect of failure of delivery or performance of delay in delivering or performing any obligations under this contract due to any cause of whatever nature outside the reasonable control of the seller including but not limited to civil commotion’s, strikes, lockouts, war, fire accidents, force majeure and causes arising from the acts or omissions of the Buyer.
8. Price Variation.
a) Manufacturers current list prices are always charged, unless specifically negotiated. The seller reserves the right without notice to alter the price of goods and to correct their errors and omissions and those of the buyer.
b) Unless otherwise stated prices are for a single consignment to a single address.
c) Where the buyer requests items to be supplied with release certificates the seller reserves the right to make an extra charge for providing such certificates.
d) Where the agreed call offs are not adhered to by the buyer, the seller reserves the right to amend the price structure in accordance with the quantities delivered.
9. Cancellation and Amendment of Orders.
a) No amendment or cancellation of any order will be accepted unless received by the Seller in writing at least 7 days before the delivery date as notified by the Seller to the Buyer.
b) Notwithstanding the provision of 10 (a) no cancellation or amendment of any order will be accepted where goods have been ordered or purchased by the seller to meet the Buyer’s requirements or where a special price has been negotiated with the Buyer.
10. Returned Goods
a) Save under 5 (a) (ii) the following conditions apply:
i) No goods may be returned to the Seller without the previous consent in writing of the Seller. This decision is made at the sole discretion of the Seller and sets no precedent for future decisions. Software may not be returned.
ii) A charge of 20% of the invoice value will be levied on returned goods, with a minimum charge of £5.00, whichever is greater, where the goods are not faulty. Carriage will not be credited unless the goods have been shipped in error.
iii. Returned goods will not be accepted by the seller if they have been incorporated into a circuit or otherwise used.
iv. Returned goods must be in the same condition as when sold.
v. All costs and liability of returning any goods shall be borne by the buyer and shall remain their responsibility until received by the seller.
vi. All goods must be received by the Seller within 30 days of the original delivery date.
vii. All returned goods must be accompanied by the original Seller’s packing note together with the full reason for returning the goods.
b) THIS CONDITION SHALL NOT AFFECT THE STATUTORY RIGHTS OF THE BUYER AS DEFINED IN ENGLISH LAW. NEITHER SHALL IT AFFECT ANY MANUFACTURER’S GUARANTEE PASSED ON BY THE SELLER TO THE BUYER.
11. Specification and Finish
Goods are supplied to the manufacturers standard specifications and of their current standard finish.
12. Origin of Goods.
Unless otherwise confirmed, nothing in this document is to be taken as a representation of the source of origin of manufacture or production of the goods or any part thereof.
13. Patent Rights
The sale of any goods and the publication of any information or technical data relating to such goods does not imply freedom from patent or other protective rights and the Seller does not accept liability for infringement of such rights.
14. Telephone Orders.
Orders can be accepted by telephone. However, the Seller cannot accept liability for any duplication or omission of orders or deliveries that may occur.
Any quotation and any contract that may be subsequently be entered into, shall be governed in all respects by the internal Law of England and the parties hereby irrevocably submit to the jurisdiction of the English Courts.
16. Variation of Terms
These conditions are subject to any express conditions written by the Seller on the face hereof.
17. Life Support Equipment,
Device or Systems.Products sold are not designed for life support equipment, devices or systems where malfunction of such products can reasonably be expected to result in a personal injury, the Sellers customers using or selling such products for use in life support equipment, device or systems do so at their own risk and agree to fully indemnify the Seller and the manufacturer of such product for any damages and costs whatever nature for which the seller and/or the manufacturer are liable resulting from such use of sale.
18. WEEE Directive
Unless otherwise contractually agreed, disposal of products and compliance to WEEE regulations are the responsibility of the buyer.
19. Patent, Copyright or Trade Mark
In respect of products supplied by the Seller to the Buyer in accordance to the Buyer’s designs, specifications or instructions the following conditions shall apply:
i. The Buyer shall hold the seller harmless against any expense or loss and will defend at its own costs any legal actions brought against the Seller based on the claim that the products constitute an infringement of any patent, copyright or trade mark or the misuse of confidential information.
ii. The Buyer acknowledges that the supply of products by the Seller does not convey any patent copyright or trade mark license or other consent by implication, estoppel or otherwise permitting the use of the same for any purpose.
iii. If the products become or in the reasonable opinion of the Seller may become the subject of a claim for infringement of any patent, copyright or trade mark or misuse of confidential information the Seller may, at its option, on giving written notice to the Buyer either
(a) cancel the contract for the supply of the products to the Buyer without further liability to the buyer; or
(b) require the Buyer at the Buyer’s cost to take such steps as the Seller may reasonably require to enable the Seller to supply the products free of such liability.
Product Pricing: All prices are subject to change without notice.
Product Specifications: All product descriptions and specifications are subject to change without notice.