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.
Data Protection Act 1998
We are committed to protecting the information we hold about you.
The information you give us about yourself or your company will
be retained in our records. This information will help us to make
credit and commercial decisions about you or your company. We may
use a credit scoring system and search your record at credit reference
agencies to help us decide whether to give you credit. The credit
reference agencies will keep a record of our search. We may use
your information to write, telephone, fax or contact you by other
means to offer you products and service which we may think you will
be interested in. You may elect not to receive such information
by ticking this box.
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