Company No. 01695432
VAT No. GB 392335543
Reg. Office:
6th Floor. Cardinal House, 20 St. Mary's Parsonage, Manchester
M3 2LG Please scroll through this screen to read our Terms &
Conditions of Sale
1) GENERAL
a) All quotations given and all contracts made by the Company
"MAGNETS (UK) LTD, subsidiaries and associated Companies"
are subject to the terms, conditions and exceptions contained
herein.
b) All conditions and exceptions referred to by the customer or
contained in the customers order are hereby excluded.
c) In the case of Goods to be delivered to addresses within the
United Kingdom the Contract shall be governed and interpreted
exclusively according to the Law of England and shall be subject
to the jurisdiction of the English Courts only.
d) In the case of goods to be delivered to addresses outside the
United Kingdom, the Contract shall be governed and interpreted
exclusively according to the Law of England and shall be subject
to the jurisdiction of the English Courts only save to the extent
that the Company may be required to obtain injunctive relief outside
the jurisdiction. The Schedules to the Uniform Law on International
Sales Act 1967 shall not in any circumstances apply to the Contract
neither shall the limits imposed by the Unfair Contract Terms
Act 1977 on the extent to which liability can be excluded.
e) All prices subject to the addition of VAT save where not payable
in respect of export.
f) This price list does not constitute an offer nor a guarantee
that any item is available.
All monies to be paid to the Company's office at:
Magnets Industrial Estate, Evans Road, Liverpool L24 9PB, England.
Or directly to our bank to the appropriate account number as below:
-
Barclays Bank Plc, Corporate Banking Centre, P O Box 232, 4th. Floor, 15-33 Moorfields, Liverpool L69 2RT, England
GBP 90578975
EUR 53576599
USD 49848444
(Sort Code: 20 - 51 - 01)
Swift: BARCGB22
IBAN GBP: GB07 BARC 2051 0190 5789 75
IBAN EUR: GB49 BARC 2051 0153 5765 99
IBAN USD: GB36 BARC 2051
0149 8484 44
g) These conditions may be varied by the Company at any time and
any orders placed after such variation shall be subject to such
variation.
h) Any agent or representative placing an order for delivery to
a third party shall be deemed to be the agent of such third party
and shall not be the agent of the Company and not have authority
to bind the Company.
2) TERMS OF TRADE
a) The Company reserve the right to review prices, discount levels,
discounts and terms of trade any time and such are subject to
alteration without notice.
b) The Company reserves the right to amend orders where the quantity
ordered is not in accordance with our standard packaging.
c) The Company reserves the right to refuse orders below a certain
sum in value, such sum to be fixed from time to time by the Company
and which at the present time has been so fixed at £100
and adding to an existing order is not permitted.
3) PAYMENT
a) Credit Facilities (Approved accounts)
(i) 7 Day Payment. A discount of 2.5% will be allowed for payment
received at our offices within 7 days of invoice date.
(ii) Nett Monthly Account. On approved accounts, payments are
due, strictly nett, no later than the last day of the month following
the date of invoice.
(iii) The Late Payment of Commercial Debts (Interest) Act 1998
The Company reserve the right to charge interest on overdue accounts
at a rate of 2.5% per month (both before and after any judgement)
from the due day until payment is received in full on cleared
funds, part month regarded as a full months interest.
(iv) In the event of default in payment by the Purchaser the Company
shall be entitled without prejudice to any other right or remedy
to suspend all further deliveries of the Goods.
b) Pro-forma Invoice. Payable nett, in full, prior to release
of goods. Goods will be released for despatch when payment and
cleared funds have been received.
c) Export Payment. As in a) & b) above, or by Confirmed Irrevocable
Letter of Credit at Sight and confirmed by Barclays Bank Plc at
the address above.
d) Airfreight Payment. Whereby the company has arranged Airfreight
of cargo on behalf of a customer, those charges (and any associated)
become due for payment by the customer immediately.
4) LIABILITY
a) The Company is not responsible for breakages, damage or loss
during carriage otherwise than by its own transport and the said
liability shall be strictly limited to the supply of a new part
or parts or making good the damage to part or parts thereby caused
and the Company shall not be liable for any costs or consequential
loss of any description whatsoever.
b) The liability of the Company in respect of defective goods
shall only extend to the repair or replacement of any goods as
are proved to the Company to be defective by reason of faulty
material or workmanship and the Company shall not be liable for
any costs or consequential loss whatsoever.
c) Save as provided in this condition the Company shall not be
liable for any loss or damage or delay whatsoever and howsoever
the same may arise or be caused. All implied conditions and warranties
and other terms whether as to quality, fitness for purpose, performance,
merchantability or otherwise in relation to the goods and any
statements by the Company or its agents as to fitness suitability
quality or otherwise shall not give rise to any claim or liability,
not to be deemed to have been relied on by the purchaser.
d) In the event of the performance of any obligation accepted
by the Company being prevented, delayed, or any way interfered
with by either (i) direction of government, wars, industrial dispute,
strike, breakdown of machinery or plant, accident, fire or by
any other cause beyond the Company's control, or (ii) non-delivery
by the Company's suppliers or damage to or destruction of the
whole or part of the Goods, the Company may at its option suspend
performance or cancel its obligations under the Contract, without
liability for any damage or consequential loss resulting therefore
such suspension or cancellation being without prejudice to the
Company's right to recover all sums owing to it in respect of
consignments delivered and costs incurred to date.
e) All information, values and holding powers of magnets given
by the Company, in this catalogue, verbally or in writing, are
given as a guide and comparison only and are not specific. To
ascertain the retaining power or pull under laboratory conditions
the load must pass exactly through the centre of gravity, be absolutely
perpendicular to the counterplate and be slowly and regularly
applied.
5) TECHNICAL INFORMATION AND DESIGNS
a) If the Company is required to submit drawings and/or specifications
to the Purchaser for its approval prior to the commencement of
the manufacture of the Goods the Purchaser shall on the issue
of such approval accept full responsibility for such drawings
and/or specifications.
b) The Purchaser shall indemnify the Company from and against
all actions, claims, costs and proceedings which arise due to
the manufacture of Goods to the drawings and specifications of
or approved by the Purchaser where such drawings and specifications
shall be at fault or where it is alleged that they involve an
infringement of any patent, registered design, design right, copyright
or design copyright or other exclusive right.
c) The information and technical data contained in the advertising
sales and technical literature issued by the Company are based
on experience and upon trial under test conditions and are provided
for general guidance only. No such information or data shall form
part of the Contract.
d) Special tools and jigs made specially and charged in part to
the purchaser remain the sole property of the Company which reserves
the right to use such tools and jigs or dispose of them after
completion of the Contract unless otherwise agreed.
e) Should the Purchaser default upon any obligation for payment
or acceptance of goods ordered to it's specification or bearing
it's name, logo, or otherwise incorporating any element of it's
intellectual property or rights and the goods are recovered under
clause 9 hereof or are not yet delivered to the Purchaser or form
a future part of an outstanding or continuing order, then the
company may recover, sell or deal with such goods notwithstanding
the incorporation of any such rights or property and the Purchaser
expressly consents to and releases, such rights to that effect.
6) CLAIMS
a) Claims must be made to the carrier and to the Company in writing
being in a form other than a carriers note within three days of
receipt of goods. Claims for non-delivery must be given in a like
manner within 14 days from the date of the invoice, but no liability
shall attach by virtue of this clause which is excluded by clause
LIABILITY.
b) In the event that the company should agree to the return of
any goods ordered then the provisions of Clause 5e shall apply but
nothing in this clause shall give the purchaser any right to
require all the Company and obligation to accept a return of goods
and if so upon these terms.
7) WARRANTIES & CONDITIONS
Subject to statutory provision to the contrary only all express
or implied warranties and guarantees are excluded and the terms
of clause 4 (LIABILITY) shall apply.
8) DELIVERY
Any reference in an order or contract to delivery dates shall
not make the time for delivery of essence or be ground for any
discharge of the contract but shall merely be construed as an
approximation of the estimated delivery date or dates. The Company
however, will use its best endeavours to adhere to the estimates
but the afore-going will apply in all cases.
The Purchaser shall have no right to damages or to cancel the
order for failure for any cause to meet any delivery time stated.
9) RECOVERY OF GOODS
a) Not withstanding the right of the Company to recover the price
for any goods and materials supplied and delivered to the purchaser
the passing of the risk in respect of or with reference to such
goods and materials and the power of the purchaser to sell the
same at there full value the beneficial ownership and the property
in such goods and materials shall only become vested in the Purchaser
after the discharge in full by payment of the price and the following
provisions shall also apply until such payment :
i) At the request of the Company such goods and materials shall
be retained and stored separate and distinct from other goods
and materials of other persons (including the Purchaser) and clearly
designated as the property of the vendor in a manner specified
by the Company.
ii) Such goods and materials shall not be subjected to or be used
in any manufacturing or other operation or process (whether by
machine or otherwise) either by themselves or with other goods
or materials.
iii) In the event of any such wrongful manufacturing or other
operation as specified in paragraph (ii) immediately above the
manufactured of affected item or items (whether completed or not)
shall be held in trust for the Company to the extent necessary
to discharge the purchase price.
b) The Company may recover Goods in respect of which title has
not passed to the Purchaser at any time and the Purchaser hereby
licenses the Company, its officers, employees and agents to enter
upon any premises of the Purchaser for the purpose either of satisfying
itself that condition 9a(i) above is being complied with by the
Purchaser or of recovering any Goods in respect of which property
has not passed to the Purchaser.
c) The Purchaser shall maintain all appropriate insurance in respect
of the goods from the time when risk therein passes to him or
it. In the event of any loss occurring while the Goods remain
the property of the Company the Purchaser, immediately on receipt
of the insurance monies, shall remit to the Company the full Contract
price of the Goods lost or damaged less any part thereof which
as already been paid and until such amount has been remitted shall
hold such amount as trustee and agent for the Company.
10) INTERPRETATION
a) The headings relating to each paragraph hereof shall not affect
the sense or meaning of the wording of such paragraph or clause.
b) In these terms the 'Company' refers to MAGNETS (UK) LTD, or
any associated company or subsidiary company thereof or holding
company interested therein.
11) CARRIAGE
UK MAINLAND Carriage free of charge on orders of £250 and
over (excl VAT).
Orders under £250 but over £100 carriage will be charged
at cost.
Minimum order value £100 (excl. VAT).
NORTHERN IRELAND Carriage free of charge on orders of £350
and over (excl. VAT).
Orders under £350 but over £100 carriage will be charged
at cost.
Minimum order value £100 (excl. VAT).
OTHER UK AREAS & EXPORT All prices quoted herein, are EX-WORKS
LIVERPOOL UK
E & O E (Revised October 2005)