General

The name M.C.C. in this document shall represent the body corporate Manchester Convertible Cars Limited.

All orders are accepted by M.C.C. on these conditions of sale and they supersede any other terms previously published, whether in the purchase order or during any negotiations or any course of dealing established between M.C.C. and the Customer, and constitute the entire understanding between M.C.C. and the Customer for the sale of products or services. Additional conditions of sale apply to export orders from the UK.

Offers and Acceptance

No obligation shall arise as a result of a catalogue entry, whether printed or included in any electronic media, quotation or any other offer.

General Orders

Where possible, orders should be made using M.C.C.’s stock codes and your trade account number. Telephone orders will only be accepted on account with an official purchase order number. Written confirmation is not required for telephone orders, but if sent they must be marked “Confirmation Only” to avoid liability for a duplicated delivery.

M.C.C. reserve the right to deliver part orders or hold orders, until all items are available as required but in this event the customer will be kept fully informed.

7 working days notice will be required to cancel an order or service.

Delivery

M.C.C. reserve the right to levy a delivery charge which you will be advised of before delivery.

Internet Orders (www.totallyclean.co.uk)

With the sole exception of the “general orders” section contained in these terms, all other sections will equally apply to internet trading. Orders placed are only accepted if payment in full has been received by whatever method is available at the time of placing the order. Delivery will be charged based on that chargeable by a national carrier unless the goods are offered for sale inclusive of delivery charges.

Special Orders and Non Stock Goods

M.C.C. reserves the right to ask for full payment at the time of acceptance of an order which is a non stock item or requires to be manufactured to individual requirements. Some simple forms of these are products and services would include cabinet systems and implant pipe work. Customers will be notified if an order or any part of an order is to be classed as a special order. No refund will be offered for any goods ordered in this category unless the goods have not been supplied within a 30 day period. Damaged goods in this category will be replaced with like for like stock only.

Prices and VAT

M.C.C. reserves the right to alter prices at any time without prior notice. In general, prices are reviewed every 12 months and increases will generally reflect manufacturer price rises. All prices are in £ Sterling and subject to Value Added Tax ("VAT") at the relevant rate ruling on the date of dispatch.

Inspection, Transit Delays and Non-Delivery

M.C.C. will use reasonable endeavours to meet delivery estimates but cannot accept any liability whatsoever for failure to do so however arising. Failure to meet a delivery date where deliveries are by instalment shall not prejudice M.C.C.‘s right to make further deliveries by instalment under that contract.

The Customer or an authorised representative must sign for receipt of the goods at the point of delivery and inspect the products as soon as reasonably practicable after direct delivery or purchase from our head office and shall within 24 hours inform M.C.C. verbally and within 3 working days of such delivery give notice to M.C.C. in detail in writing of any defect in the products or of any other complaint which the Customer may wish to make about M.C.C.’s service.

Payment

a) Cash or Credit Card with order. Please ensure that Cheques are made payable to: M.C.C. and are crossed "Payee Only". All internet orders must be paid for in full by credit or debit card prior to dispatch.
b) Credit Terms. Credit Terms are available subject to status and account activity being maintained for not less than 6 months. Payment is due by the end of the month following the month of dispatch without any deductions whatsoever. If the Credit Customer fails to make any payment on the due date, then, without prejudice to any other right or remedy available to M.C.C., it shall be entitled to;
    (i) Cancel the order and suspend further deliveries
    (ii) Appropriate any payment made by the Customer to such of the products (or products supplied under any other order) as M.C.C. may think fit
    (iii) Charge an administration fee of £25 for any legal or other actions required to recover monies due
    (iv) Charge interest on the unpaid amount from the due date at a rate of 4% per month.

Ownership

The products shall be at the Customer’s risk as from the point of delivery or collection. In spite of delivery having been made ownership in the products shall not pass from M.C.C. until:
a)The Customer shall have paid the price plus VAT in full; and no other sums whatever shall be due from the Customer to M.C.C. Until Property in the products passes to the Customer, the Customer shall hold the products and each of them on a fiduciary basis as bailee for M.C.C. Notwithstanding that the products (or any of them) remain the property of M.C.C. the Customer may sell or use the products in the ordinary course of the customer’s business at full market value for the account of M.C.C.

b) Until such time as the ownership in the products passes from M.C.C. the Customer shall upon request deliver up such of the products as have not ceased to be in existence or resold to M.C.C. If the Customer fails to do so M.C.C. may enter upon any premises owned, occupied or controlled by the Customer where the products are situated and repossess the products. The Customer shall not pledge or in any way charge by way of security for any indebtedness any of the products that are the property of M.C.C. Without prejudice to the other rights of M.C.C., if the Customer does so all sums whatever owing by the Customer shall forthwith become due and payable.

General Descriptive Matter

Whilst every endeavour is made to ensure accuracy, all specifications, illustrations or other details contained in any catalogue or price list or advertising material or otherwise communicated to the Customer are intended merely to present a general idea of the product and nothing contained in any of them shall form part of the contract between M.C.C. and the Customer.

If the description of any products not of M.C.C.‘s manufacture contained in any correspondence, advertising material, invoice or catalogue varies from that of the manufacturer’s description, the manufacturer’s description will be deemed to be the correct description and shall take precedence over M.C.C.‘s description. The manufacturer’s description is available from M.C.C. on request.

Product Performance

Unless any product performance figures, tolerances or characteristics have been specifically and expressly warranted by M.C.C. in writing on M.C.C. headed documentation, M.C.C. shall be under no liability whatsoever for any failure to attain such figures whether attributable to M.C.C.’s negligence or otherwise.

The responsibility for ensuring that products are sufficient and suitable for the Customer’s requirements is the Customer’s sole responsibility.

Quality Assurance

M.C.C. will endeavour to ensure that all products detailed in the catalogue have been processed in strict accordance with standard quality procedures, approved to BS EN ISO 9001; 2000. However M.C.C. shall be under no liability whatsoever for any products found not to comply with BS EN ISO 9001; 2000.

Country of Origin

Products offered for sale by M.C.C. may originate from a Non-EC source. Unless otherwise confirmed by M.C.C. in writing, nothing published by M.C.C. is to be taken as representation of the source of origin, manufacture or production of the products or any part thereof.

Warranty

M.C.C. warrants that it will, at its option, replace or repair products supplied by M.C.C. in which under proper use defects appear, subject to the claim being made in writing to M.C.C. within 12 months after dispatch or collection, providing that products or parts to which the claim relates are returned to M.C.C. within that period suitably packaged and carriage paid with all associated parts, accessories and literature and, where relevant, in accordance with any particular instructions which M.C.C. may have notified to the Customer at the date of sale. M.C.C.’s warranty shall be strictly limited to products supplied and M.C.C. shall be under no liability whatsoever be held responsibly for any costs incurred in fitting or refitting any products claimed under its warranty.

Returned products together with all associated parts and literature must be accompanied by a proof of purchase such as a sales invoice in respect of the products and details of the nature of any claimed defect together with such further information as M.C.C. may at the time of sale have stipulated. Subject as expressly provided in these terms and conditions, and except where the products are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

Returns

M.C.C. will only accept the return of products after giving prior written authority, and furthermore M.C.C. will only accept goods returned that are in the same condition as supplied by M.C.C. and with the support of a sales invoice from M.C.C. who reserve the right to charge a restocking fee of 15% of the value of the goods supplied at the same value as the customer was charge at the time of initial supply of those goods to the customer by M.C.C. Please contact Customer Services Department on 0161 480 2832 during office hours. Damaged goods will only be replaced with like for like stock only.

Intellectual Property and Information

M.C.C. take all reasonable steps in the course of business to ensure that the products do not infringe any patent, design, trademark, copyright or any other rights of third parties.

M.C.C. own full copyright in respect of its catalogues published in paper or electronic form such as CD-ROM or the Internet. The reproduction, storage in a retrieval system, or transmission, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, in part or in whole, is prohibited without M.C.C.’s prior written consent.

M.C.C. reserve the right to record and use customer information supplied by the customer including telephone conversations with the customer.

Limitation of Liability

The Customer will be responsible for ensuring the fitness for purpose of the products for the Customer’s application unless the purpose is previously notified to M.C.C. in writing.

M.C.C. accepts no liability whatsoever or howsoever arising in respect of loss, damage or expense arising from errors in information or advice provided whether or not due to M.C.C.’s negligence or that of its employees, agents or sub-contractors save for any loss or damage arising from personal injury.

M.C.C. shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of contract with the Customer, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of M.C.C. its employees or agents or otherwise) which arise out of or in connection with the supply of the products or their use or resale by the Customer.

The entire liability of M.C.C. under or in connection with the contract with the Customer shall not exceed the price of the products except as expressly provided in these terms and conditions.

Force Majeure

M.C.C. shall not be liable to the Customer or be deemed to be in breach of contract by reason of any delay in performing, or any failure to perform, any of M.C.C.’s obligations in relation to the products, if the delay or failure was due to any cause beyond M.C.C.’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond M.C.C.’s reasonable control:

Act of God, explosion, flood, tempest, fire or accident, war or threat of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of M.C.C. or of a third party); difficulties in obtaining raw materials, labour, fuel, parts or machinery; power failure or breakdown in machinery.

Law

Any sale transacted by M.C.C. is to be governed solely by English Law and the parties agree to submit to the exclusive jurisdiction of the English courts.

Consumer Protection

Nothing contained herein shall affect a Customer’s statutory rights if he/she deals as a consumer as defined in Section 12 of the Unfair Contract Terms Act 1977.