STANDARD TERMS AND CONDITIONS
GENERAL
1 'Company' means McVeigh Parker & Co Ltd
2 'Customer' means any person firm or company who contracts to purchase the
goods whether in full or in part
3 'Goods' means any articles or services which are the subject of any agreement
between the Company and the Customer.
4 'Conditions' means the terms set out in this document and any special terms
agreed in writing by the Company and any notices on any packaging of any goods
or at the Company's premises.
5 Quotations shall only be available for acceptance for a maxim period of 10
days from the date thereof and may be withdrawn by McVeigh Parker & Co within
such period at any time by written or oral notice. A quotation given by McVeigh
Parker & Co is not an offer and an order given in respect of a quotation
is not binding on McVeigh Parker & Co until accepted by it.
CONDITIONS APPLICABLE
6 These Conditions shall apply to all contracts for the sale of Goods by the
Company to
the Customer to the exclusion of all other terms and conditions including any
terms which the Customer may purport to apply under any purchase order confirmation
of order or similar document
7 All orders for Goods shall be deemed to be an offer by the Customer to purchase
Goods pursuant to these Conditions
8 Acceptance of delivery of the Goods shall be deemed conclusive evidence of
the
Customer's acceptance of these Conditions.
9 Any variation to these Conditions (including any special terms and conditions
agreed
between the parties) shall be inapplicable unless agreed in writing by the Company
PRICE
10 The price shall be the Company's price set out overleaf and shall be exclusive
of VAT
which shall be due at the rate ruling of the date of the Company's invoice.
11 Payment of the Price and VAT shall be due within 30 days of the date of the
invoice
and time for payment shall be of the essence for account customers, but for
all other
customers payment is to be made upon delivery or receipt of the goods ordered.
12 The Company reserves the right to impose a handling charge of 15% on the
price of
returned goods.
13 Interest on overdue invoices shall accrue from the date when payment becomes
due
from day to day until payment at a rate of 2% above the Base Rate of National
Westminster Bank plc from time to time in force and shall accrue at such a rate
after as well as before any judgment.
GOODS
14 Description of the Goods in any McVeigh Parker catalogue price list or any
other
material shall not form part of the contract.
15 Any description or sample of the Goods is by way of identification only and
does not
constitute a sale by description or sample.
16 The quantity and description of the Goods shall be set out below.
17 All timber products supplied. The Company accepts no responsibility for any
movement in timber beyond the bounds of normal C.C.A. treated fencing timber.
All
timber supplied is sold as fencing timber and as such will be satisfactory for
that
purpose, unless otherwise stated. The Company accepts no responsibility for
movement in the timber due to varying weather conditions.
18 All timber products bought by the customer are under the acceptance that
timber is a
natural product, therefore susceptible to movement.
DELIVERY OF THE GOODS
19 Delivery of the Goods shall be made on the delivery date set out overleaf
20 The date stated is given in good faith by way of estimate only and is not
of the
essence of the contract.
21 The Customer may be bound to accept Goods when they become available.
22 The Company shall not be liable for any loss or damage for delay in delivery
or in
transit or for any consequential loss caused thereby.
23 Failure to deliver on any date stated shall not be a breach of contract.
24 The Customer shall be bound to make arrangements for the delivery of the
Goods
whenever they are tendered for delivery.
25 The Customer shall ensure that delivery is to an area accessible by the Company
or its
carriers and which is safe and suitable for that purpose.
WARRANTIES AND LIABILITY
26 Except where the Customer is dealing as a consumer (as defined by the Unfair
Contract Terms Act 1977 Section 12) all warranties conditions or terms (whether
implied or made expressly) whether by the Company or its servants or agents
or
otherwise relating to satisfactory quality fitness for purpose or condition
of the Goods
and whether implied by statute or common law are excluded.
27 The Company shall not be liable for the death or personal injury to any person
save where
such death or injury results from the negligence of the Company.
28 The Company may make changes in the specification of the Goods to allow for
certain
tolerances shall not exceed 10% / and do not affect the quality and fitness
for purpose of the
Goods.
TITLE AND RISK
29 Risk shall pass on delivery of the Goods
30 Title shall not pass until (I) the Customer shall have paid the price in
full and (2) no other
sums shall be due from the Customer to the Company
31. Until title passes under clause (27) above the Customer holds the Goods
as bailee for the
Company and shall store them separately from other property of the Customer
and marked as the Company's Good
32 Notwithstanding that the Goods (or any of them) remain the property of the
Company the
Customer may sell or use the Goods in the ordinary course of the Customer's
business at full
market value for the account of the Company. Any such sale or dealing shall
be a sale or use of the Company's property by the Customer on the Customer's
own behalf and the Customer shall deal as principal when making such sales or
dealings. Until property in the Goods passes from the Company and the entire
proceeds of sale or otherwise of the Goods shall be held in trust for the Company
and shall not be mixed with other money or paid into any overdrawn bank account
and shall be at all material times identified as the Company's money.
33 The Company shall be entitled to recover the Price and VAT notwithstanding
that property
in any of the Goods has not passed from the Company.
34 Until such time as property in the Goods passes from the Company the Customer
shall upon
request deliver up such of the Goods as have not ceased to be in existence or
resold to the Company. If the Customer fails to do so the Company may enter
upon any premises owned occupied or controlled by the Customer where the Goods
are situated and repossess the Goods. On the making of such request the rights
of the Customer under the clause (29) shall cease.
35 The Customer shall not pledge
or in any way charge by way of security for any indebtedness any of the Goods
which are the property of the Company, if the Customer does so all sums whatever
owing by the Customer to the Company shall forthwith become due and payable.
36 The Customer shall insure and
keep insured the Goods to the Full Price against 'all risks' to the reasonable
satisfaction of the Company until that date that property in the Goods passes
from the Company, and shall whenever requested by the Company produce a copy
of the policy of insurance. Without prejudice to the other rights of the Company,
if the Customer fails to do so all sums whatever owing by the Customer shall
forthwith become due and payable.
ACCEPTANCE OF THE GOODS
37 The Customer shall be under a duty to inspect the Goods on delivery or on
collection by the
Customer as the case may be. Acceptance of the Goods shall be deemed to have
occurred within one working day after delivery or collection.
38 After acceptance the Customer shall not entitled to reject the Goods which
are not in accordance with the agreement.
39 All notifications of defects or shortages must be made in writing to the
Company within four
working days of delivery or collection and the Company shall be under no liability
until inspection is afforded to the Company and before use or modification of
the Goods is made by the Customer.
40 Subject to the provisions of this clause the Company will make goods any
defects or shortages
as soon as it is reasonably able to do so but shall not be liable for any loss
or damage arising
from such defect or shortage.
41 Bespoke products, shall only be accepted on the signature of the customer
and 25% deposit.
The Customer's deposit and signature act as a contract for the Goods and cannot
be cancelled
or altered. Payment in full will be required on completion of order.
INSTALLATION OF THE GOODS
42 The Company shall not be liable for any loss or damage (however caused) by
virtue of the
installation of the Goods by the Company, its agents or any other person on
the instruction of
the Customers.
43 Installation of the Goods shall at all times be at the Customer's risk and
the Company
shall not be liable for any errors or omissions in any specifications or drawings
supplied by the Customer.
CARRIERS
44 The Company shall not be liable for any damaged caused to any carrier engaged
in
loading, unloading or transporting the Goods and any carrier engaged by the
Customer shall be acting as the Customer's agent.
45 The Customer shall indemnify the Company against all claims and demands made
against the Company by any carrier of the Customer or by any other person for
all
liability arising out the loading, unloading or transportation of the Goods.
46 This clause shall apply mutatis mutandis where the Company is authorised
by the
Customer to engage a carrier to transport the Goods.
FORCE MAJEURE
47 The Company shall not be liable for any default due to any act of God, war,
strike,
lockout, industrial action, fire, flood, disease outbreak, drought, tempest
or any other event beyond the reasonable control of the Company.
SERVICE DOCUMENTS
48 Any notice required to be served persuant to this agreement shall be in writing
and
served by first class post or by hand on the Company at Southend Road, Bradfield
Reading, Berks. RG7 6HA or such other address as the Company may from time to
time notify to the Customer and on the Customer at the Customer's registered
office
or principal place of business.
49 This contract is subject to the law of England and Wales
50 If any dispute or difference shall
arise between the Company and the Customer as to the
meaning of this contract or any matter or thing arising out of or connected
with this contract then it shall be referred to the determination of an arbitrator
to be appointed by agreement of the parties or in default of agreement within
21 days of the service upon one party of the written request to concur in such
appointment by the President for the time being of the Chartered Institute of
Arbitrators.
DEFECTS NOT APPARENT ON INSPECTION
51 The complaint is sent within 6 months of the date of delivery of the Goods
or in the case of
Items not manufactured by McVeigh Parker & Co is given an opportunity to
inspect the
Goods.
INSOLVENCY
51 If the Customer shall commit an act of bankruptcy or become insolvent or
compound or make
An appointment with its creditors or pass a resolution for the liquidation of
the customer
(other than for a voluntary winding up for the purpose of reconstruction or
amalgamation)
or go into liquidation or if a Receiver or Administrative Receiver or Manager
is appointed
of all or any part of its assets or undertaking or the Customer commits any
breach of these
conditions or if in the opinion of McVeigh Parker & Co the financial standing
of the Customer
becomes unsatisfactory McVeigh Parker & Co shall be entitled to cancel the
contract in whole
or in part forthwith by notice in writing without prejudice to any right or
remedy accrued or accruing to McVeigh Parker & Co Ltd.
DIMENSIONS
52 McVeigh Parker & Co reserve the right where imperial size is quoted to
provide products in
the nearest stocked metric size and vice versa.
Contacting us
If you have any questions aboutour trading terms, you can email sales@mcveighparker.co.uk
Back to Top
| 
