Terms and Conditions
In these conditions the Seller means Makefast Limited, the Buyer means the person, firm or Company to whom the Seller agrees to sell or supply the goods, and goods means the items specified to or referred to in the Sellers quotation.
Unless expressly stipulated by the Seller all descriptions, drawings, illustrations or ratings, standards, statements or details of capacity or performance specifications or other descriptive matter are approximate only and do not form part of any contract. Breaking loads quoted are for users guide only and do not form part of any contract.
The Seller reserves the right to alter product specifications without prior notice. Whilst every effort is made to be accurate we will not be responsible for any typographical error in our advertising material, including our web site.
Any goods manufactured by the seller which may prove defective through faulty workmanship or material will be replaced or repaired at the Sellers discretion at the Sellers premises free of charge excluding transportation on costs provided that such goods have not been misapplied and or maladjusted since being delivered to the Buyer.
Replacement or repair of any goods supplied by the supplier does not imply that the goods were defective through faulty workmanship or material.
No contract is valid unless and until accepted and confirmed in writing by the Company.
5. Buyers Specifications
If the goods are made to Buyers pattern or specification, no responsibility can be accepted for the infringement of any patent, and the purchaser agrees to indemnify the Seller against any loss in respect of proceedings or otherwise resulting from the execution of Buyers orders.
When goods are made to Buyers pattern or specification, the Sellers have the right to supply 10% more or less than the exact quantity ordered. Any such excess or shortage will be charged for or deducted pro rata. Once the manufacture of such special goods is commenced, cancellation cannot be accepted.
6. Time of Delivery
Times or dates for delivery quoted by the Seller are estimates only based on prompt receipt by the seller of
(a) all relevant information
(b) satisfactory assurance of compliance with terms of payment and shall not be of the essence of contract.
The Seller shall not be liable for any loss or damage whatsoever howsoever arising from any delay in delivery or performance.
(a) Unless otherwise provided delivery of the goods shall be completed at the Sellers own premises. Should the Buyer require that any goods to be packed stored dispatched delivered or dealt with otherwise than aforesaid the Seller shall be entitled to claim an extra charge for any services so rendered and such services shall be performed subject to these terms,
(b) If the buyer requires delivery by instalments under sub clause (c) hereto each instalment shall be deemed to be the subject of a separate contract and non delivery or delay in delivery of any instalment shall not affect the balance of the contract of the whole or entitle the Buyer to cancel the same.
(c) The Seller shall be entitled to deliver the goods by single delivery or by instalments at the Sellers option.
All risk of loss or damage of any kind howsoever caused shall pass to the Buyer who is at liberty to insure when:-
(a) In the case of goods to be dispatched or delivered to the Buyer upon such goods being delivered to a carrier even if such carrier be the servant of or agent for the Seller
(b) In the case of goods to be collected by the Buyer upon such collection or upon expiry of seven days from the Sellers written notice that such goods are ready for delivery whichever is the earlier.
(c) Without prejudice to the foregoing claims that there has been loss shortage or damage to goods in transit must be made in writing to the Seller as well as to any carrier concerned within three days of delivery or in the case of non delivery within fourteen days of despatch of such loss shortage or damage. The Seller shall use its best endeavours to preserve a claim against the carriers.
9. Makefast Trade Account Holders
Approved trade account customers (that is as notified by us to you) using the Makefast Online Store will have their orders processed in the usual way, and have their accounts debited with their agreed prices. If you are an approved account holder, payment is due within thirty dates of the date of the invoice and that date shall be the due date. The Seller reserves the right to charge interest in amounts overdue at the rate of 10 per cent per annum over Bank of England Minimum Lending Rate.
VAT is not included in the prices shown on our web site. Neither do prices include packing and delivery. Vat at 20% will be charged for all UK sales. For sales in the European Union VAT at 20% will be charged, unless a VAT Number is supplied with the order.
The Seller reserves the right that any contract once accepted cannot be cancelled nor amended except by mutual agreement on terms that fully indemnify the Seller. For special or non standard products the Seller reserves the right to charge a cancellation fee to include material committed at cost and labour at cost.
12. Price Variation
The Seller reserves the right to change prices without prior notice.
13. Original Material
All drawings specifications original work of any kind etcetera produced as design considerations etcetera for discussion between the Seller and the Buyer remain the property of the Seller.
14. Force Majeure
Without incurring any liability for any loss or damage resulting therefrom the Seller shall be entitled by written notice to the Buyer to terminate or suspend the contract at any time should the Seller be in any way prevented or hindered from performing the contract by Act of God civil war disturbance or Act of Terrorism, government requisitions or Parliamentary restrictions prohibitions or enactment of any kind import and export regulations strike lock out trade dispute difficulty in obtaining workmen or materials breakdown of machinery fire theft storm explosion drought tempest accident or any other circumstances whatsoever beyond the reasonable control of the Seller however arising or however caused.
15. The Reservation of Title
The title in the goods remains with the Seller until the Buyer has paid in full for the goods. Further the Seller reserves the right in title to the goods even if the Buyer has sold on the goods until the proceeds of any such sale completes the payment in full for the goods.
It is the obligation of the Buyer or user to determine whether or not each item is suited for its intended use. In no event shall the Sellers liability extend beyond the replacement cost of any item.
17. Rule of Law
This contract shall be governed by the laws of England and Wales .
18.Distance Selling Regulations
If you are a consumer, you should be aware of your rights under the Distance contracts Regulations 2000 (or any amending provisions). These state, amongst other things, that you have the right to cancel the contract for any reason within seven days of delivery of the goods. If you wish to cancel, please notify us in writing, either by e mail or to our address. You will then be refunded within thirty days and may return the goods to us, although this will be at your cost, and if we have to collect them we may deduct the collection costs from the refund paid to you. During the period that you retain the goods until they are returned to us, you must take reasonable care of them to prevent damage.
Distance selling means selling and buying by phone, mail order, via the Internet (on a website such as this or digital T.V. Such transactions are covered generally by normal buying and selling legislation, but they are also covered by special Distance Selling Regulations.
1. The right to receive clear information about goods and services before deciding to buy
2. Confirmation of this information in writing
3. A cooling off period of seven working days in which the consumer can withdraw from the contract
4. Protection from credit card fraud. The link to a full description of the DTIs Distance Selling Regulations can be found here.
This guarantee does not affect your statutory rights.
Makefast Ltd. 31 Mochdre Industrial Estate, Newtown, Powys. SY12 4LE 04/2010
Tel. +44 (0)1686 629010
Fax +44 (0) 1686 626700