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Marksman Industrial Ltd. Terms & Conditions 1 Price 1.1 The
price quoted excludes VAT (unless otherwise stated). VAT will be charged
at the rate applying at the time of delivery. 1.2 Unless
otherwise stated, the price quoted is in Pounds Sterling (£). 1.3 Our
quotations lapse after 30 days (unless otherwise agreed). 1.4 The
price quoted excludes delivery (unless otherwise stated). 1.5 Unless
otherwise stated, the price quoted is an illustrative estimate only and
the price charged will be our price current at the time of delivery. 1.6 Rates
of tax and duties on the goods will be those applying at the time of
delivery. 1.7 At any
time before delivery we may adjust the price to reflect any increase in
our costs of supplying the goods. 2 Delivery 2.1 All
delivery times quoted are estimates only. 2.2 If we
fail to deliver within a reasonable time, you may (by informing us in
writing) cancel the contract, however: 2.2.1 you
may not cancel if we receive your notice after the goods have been
dispatched; and 2.2.2 if
you cancel the contract, you can have no further claim against us under
that contract. 2.3 If you
accept delivery of the goods after the estimated delivery time, it will
be on the basis that you have no claim against us for delay (including
indirect or consequential loss, or increase in the price of the goods). 2.4 We may
deliver the goods in installments. Each installment is treated as a
separate contract. 3 Delivery and safety 3.1 We may
decline to deliver if: 3.1.1 we
believe that it would be unsafe, unlawful or unreasonably difficult to
do so; or 3.1.2 the
premises (or the access to them) are unsuitable for the delivering
vehicle. 4 Payment Terms 4.1 You are
to pay us in cash (or otherwise in cleared funds) when you order unless
you have an approved credit account. 4.2 If you
have an approved business credit account, payment is due no later than
the 30th day following the invoice date unless otherwise agreed in
writing. 4.3 If you
fail to pay us in full on the due date: 4.3.1 we
may suspend or cancel future deliveries; 4.3.2 we
may cancel any discount offered to you; 4.3.3 you
must pay us interest at the rate set for the purposes of s6 of the Late
Payment of Commercial Debts (Interest) Act 1998: a
calculated (on a daily basis) from the date of our invoice until
payment; b
compounded on the first day of each calendar month; and c before
and after any judgement. 4.4 If you
have an approved credit account, we may withdraw it or reduce your
credit limit or bring forward your due date for payment. We may do any
of those at any time without notice. 4.5 You do
not have the right to set off any money you may claim from us against
anything you may owe us. 4.6 While
you owe money to us, we have a lien on any of your property in our
possession. 4.7 You are
to indemnify us in full and hold us harmless from all expenses and
liabilities we may incur (directly or indirectly and including legal
costs) following any breach by you of any of your obligations under
these terms. 5 Title 5.1 Until
you pay all debts you may owe us: 5.1 1 all
goods supplied by us remain our property; 5.1.2 you
must store them so that they are clearly identifiable as our property; 5.1.3 you
must insure them (against the risks for which a prudent owner would
insure them) and hold the policy on trust for us; 5.1.4 you
may use those goods and sell them in the ordinary course of your
business, but not if: a we revoke
that right (by informing you in writing); or b you
become insolvent. 5.2 You
must inform us (in writing) immediately if you become insolvent. 5.3 If your
right to use and sell the goods ends you must allow us to remove the
goods. 5.4 We have
your permission to enter any premises where the goods may be stored: a at any
time, to inspect them; and b after
your right to use and sell them has ended, to remove them, using
reasonable force if necessary. 5.5 Despite
our retention of title to the goods, we have the right to take legal
proceedings to recover the price of goods supplied should you not pay us
by the due date. 5.6 You are
not our agent. You have no authority to make any contract on our behalf
or in our name. 6 Risk 6.1 The
goods are at your risk from the time of delivery. 6.2
Delivery takes place either: a at our
premises (if you are collecting them or arranging carriage) and from the
time we tell you that your goods are ready for collection; or b at your
premises (if we are arranging carriage or delivery) and including any
circumstance in which you wrongfully refuse to accept delivery. 6.3 If you
refuse or fail to take delivery of the goods we shall be entitled to
immediate payment in full for them. We shall be entitled to store such
goods and to charge you for the full costs of the storage and any other
costs we may have incurred as a result of the failure of delivery. Three
months after the end of the period in which the price for the goods
would have been due we shall be entitled to dispose of the goods in any
way we decide. 6.4 You
must inspect the goods on delivery. If any goods are damaged (or not
delivered), you must write to tell us within five working days of
delivery (or the expected delivery time). You must give us (and any
carrier) a fair chance to inspect the damaged goods. 7 Warranties 7.1 We
warrant that the goods: 7.1.1
comply with their description on our acknowledgement of order form; and 7.1.2 are
free from material defect at the time of delivery (as long as you comply
with clause 6.4). 7.2 We give
no other warranty (and exclude any warranty, term or condition that
would otherwise be implied) as to the quality of the goods or their
fitness for any purpose. 7.3 If you
believe that we have delivered goods that are defective in materials or
workmanship, you must: 7.3.1
inform us (in writing), with full details, as soon as possible; and 7.3.2 allow
us to investigate (we may need access to your premises and product
samples). 7.4 If the
goods are found to be defective in material or workmanship (following
our investigations) and you have complied with those conditions (in
clause 7.3) in full, we will (at our option) replace the goods or refund
the price. 7.5 We are
not liable for any other loss or damage (including indirect or
consequential loss, financial loss, loss of profits or loss of use)
arising from the contract or the supply of goods or their use, even if
we are negligent. 7.6 In any
event our total liability to you for all claims is limited to damages
equal to the price of the goods. 7.7 Nothing
in these terms restricts or limits our liability for death or personal
injury resulting from negligence. 8 Specification 8.1 If we
prepare the goods in accordance with your specifications or instructions
you must ensure: 8.1.1 that
the specifications or instructions are accurate; 8.1.2 that
goods prepared in accordance with those specifications or instructions
will be fit for the purpose for which you intend to use them; 8.1.3 that
the specifications and/or designs will not result in the infringement of
any rights belonging to a third party. 8.2 If there is any such claim or threatened claim by a third party in respect of such specifications or designs you will indemnify us in respect of all loss damage costs or expenses (including legal fees) which we may incur in connection with any such claim or threatened claim. 9
Returns 9.1 We will
accept the return of goods from you only: 9.1.1 by
prior arrangement (confirmed in writing); 9.1.2 on
payment of an agreed handling charge (unless the goods were defective
when delivered); and 9.1.3 where the goods are as fit for sale on their return as they were on delivery. 10.
Cancellation 10.1 If the
order is cancelled (for any reason) you are then to pay us for all stock
(finished or unfinished) that we may then hold (or to which we are
committed) for the order. 10.2 We may
suspend or cancel the order, by written notice if: 10.2.1 you
fail to pay us any money when due (under the order or otherwise); 10.2.2 you
become insolvent; 10.2.3 you
fail to honour your obligations under these terms. 10.3 You
may not cancel the order unless we agree in writing (and clause 10.1
then applies). 11 Waiver and
variations 11.1 Any
waiver or variation of these terms is binding in honour only unless: 11.1.1 made
(or recorded) in writing; 11.1.2
signed on behalf of each party; and 11.1.3
expressly stating an intention to vary these terms. 11.2 All
orders that you place with us will be on these terms (or any that we may
issue to replace them). By placing an order with us, you are expressly
waiving any printed terms you may have to the extent that they are
inconsistent with our terms. 12 Force majeure 12.1
Suppose we are unable to perform our obligations to you (or able to
perform them only at unreasonable cost) because of circumstances beyond
our control. We may then cancel or suspend any of our obligations to
you, without liability, 12.2
Examples of those circumstances include act of God, accident, explosion,
fire, transport delays, strikes and other industrial disputes and
difficulty in obtaining supplies. 13 General 13.1
English law is applicable to any contract made under these terms. The
English courts have non-exclusive jurisdiction. 13.2 If you
are more than one person, each of you has joint and several obligations
under these terms 13.3 If any
of these terms are unenforceable as drafted: 13.3.1 it
will not affect the enforceability of any other of these terms; and 13.3.2 if
it would be enforceable if amended, it will be treated as so amended. 13.4 We may
treat you as insolvent if: 13.4.1 you
are unable to pay your debts as they fall due; or 13.4.2 you
(or any item of your property) become the subject of: a any
formal insolvency procedure (examples of which include receivership,
liquidation, administration, voluntary arrangements (including a
moratorium) or bankruptcy); b any
application or proposal for any formal insolvency procedure; or c any
application, procedure or proposal overseas with similar effect or
purpose. 13.5 All
brochures, websites, catalogues and other promotional materials are to
be treated as illustrative only. Their contents form no part of any
contract between us and you should not rely on them in entering into any
contract with us. 13.6 Any
notice by either of us which is to be served under these terms may be
served by leaving it at or by delivering it to (by first class post or
by fax) the other’s registered office or principal place of business.
All such notices must be signed. 13.7 No
contract will create any right enforceable (by virtue of the Contracts
[Rights of Third Parties] Act 1999) by any person not identified as the
buyer or seller.
TEL: +44 (0) 1252 345455 or FAX: +44 (0) 1252 318880 E-MAIL info@marksman-ind.com Need Motorcyle Bearings? click this link to http://www.bikebearings.co.uk
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