Terms and Conditions
"The Company" means Metstok Ltd "the Customer" means the person, firm, company, organisation, corporation or public authority whose order is accepted or referred to in any document issued by the Company. "goods" means the products sold by the company
- All orders accepted and goods delivered by the company are subject to and upon the following terms and conditions of sale, which shall constitute the entire agreement between the Company and the Customer. No addition or variation shall apply unless agrees in writing by a Director of the Company. If the Customer shall not previously have accepted these terms and conditions then upon first delivery of any order the Customer shall be deemed to have given final and absolute acknowledgement of its acceptance of these terms and conditions in the form herein set out.
- No other terms and conditions that appear on any document issued by the customer whether or not the same shall be signed by or on the behalf of the Company shall apply.
- Acknowledgement of receipt of a Customers enquiry or order by the Company shall not constitute acceptance of that order for contractual purposes. The sending of a written acceptance/delivery note or invoice by the Company shall alone constitute acceptance of the Customers order.
- Liability is not accepted by the Company for any inaccuracy in or misunderstanding concerning orders when placed by the Customer on the telephone.
- In no circumstances shall the Customer cancel a contract to which these terms and conditions apply unless the Company gives consent in writing. If consent is given the Customer will indemnify the Company against all losses (including any loss of profit) suffered by the Company up to cancellation.
- Pounds Sterling (or the lawful currency of England and Wales from time to time) is the currency of account in all dealings between the Company and its Customers.
- All account sales will be due for payment by the end of the month following the date of invoice unless otherwise agreed in writing by a Director of the Company.
- All sales for non-account Customers must be paid in full prior to dispatch or collection.
- The Customer shall not be entitled to make any deduction or withholding from any payment due to the Company in respect of any set off or counter claim or otherwise unless both the amount and the validity have been expressly admitted in writing by a Director of the Company.
- Failure by the customer to pay the monies due to the Company by the due date will entitle the Company to withdraw credit facilities and withhold further deliveries for orders or part orders held by the Company. This action will not incur any liability on the Company for actions against the Customer by third parties.
- If the payment of the price of any part thereof and all other sums payable by the Customer is not made by the due date the Company shall be entitled to charge in addition to any monies due interest on the outstanding amount at the rate of 1.0% per calendar month or any part there of from the due date until payment is made.
- Prices quoted are net of VAT and any other applicable taxes or levies that may be applied by any governmental statutory or local authority upon the sale of goods or the supply of services. Any such provisions will be charged at the prevailing rate at the time of dispatch or invoice as the case may be.
- Any price or discount related problem must be notified in writing to the Company’s Customer service department within 7 days of invoice date or the invoice will be regarded as cleared for payment in its entirety.
- The Company will use its reasonable endeavours to comply with dispatch, collection and delivery dates but such dates are only estimates and are not guaranteed and shall not be the essence of any contract between the Customer and the Company.
- In the event of any failure to make delivery or delay in delivery the customer shall have no claim whatsoever against the Company for any indirect or consequential loss or damage of any kind.
- Customers requiring collection of Goods by the company for return or repair shall ensure the said Goods are available and ready for collection by the Company’s carrier at a mutually agreed time.
- Any delivery discrepancies, including non-and short delivery, must be notified in writing to the Company’s Customer service department within 3 days of the goods arriving or the delivery will be regarded as complete.
- If, due to any actions taken or omissions or failures by the Customer, the Company’s representative or carrier is unable to complete a delivery the Customer shall be liable for any costs imposed on the Company by its representative or carriers.
Title to the Goods and Risk in the Goods
Title to and property in the Goods shall remain in the Company until payment in full of:
- The total invoice price for the Goods and any relevant charges and
- Any other amounts that are due for payment by the customer to the company on any account.
- The Customer will ensure the Goods are stored in suitable conditions so as not to allow any deterioration of Goods until title has passed to the Customer.
- Until title has passed to the Customer the Company may for the purpose of recovery of its Goods enter the premises where they are stored or thought to be stored and repossess the same.
- The risk in the Goods shall pass to the Customer upon delivery as referred to in 5. (2)
- Title to and property in the Goods shall remain in the Company until payment in full of:
- In the event that the Company shall be delayed in or prevented from carrying out all or any of its obligations as a result of any cause beyond its control (but not by way of limitation) war invasion, hostilities, civil war, terrorism, civil strike or common strikes, lock outs, breakdown of plant and machinery, failure of third parties to deliver goods, storm, flood or any cause outside of its control it shall be relieved of all obligations and liabilities incurred under such contract insofar as and for so long as the fulfilment of such obligations and liabilities is thereby prevented, frustrated or impeded.
Inspection, Acceptance and Return
- The Customer must inspect and notify the company in writing of any defect, damage or other fault within 7 days of the date of the Company’s invoice. If no written notification is received the Goods will be deemed as having been received and accepted by the Customer free of any obvious defect or damage.
- The Customer will comply with the Company’s reasonable directions concerning any Goods which are claimed to be defective or damaged.
Limitations and Exclusions
- If any Goods do not comply with the contract between the Company and the Customer, for any reason, the Customer’s sole remedy against the Company shall be limited to the Company replacing the Goods or refunding the price paid for them.
- Under no circumstances whatsoever shall the liability of the Company to the Customer exceed the price paid for the Goods.
- The Company accepts no liability or responsibility for any consequential or indirect losses or expenses, (including but not limited to any loss of profit, turnover, business, expectation or bargain) suffered by the customer or any other person, for any reason.
- Except as otherwise provided by these Terms and Conditions, all warranties, undertakings and conditions, express or implied, are excluded.
- Nothing in these Terms and Conditions excludes or restricts the Company’s liability for death or personal injury caused by the Company’s negligence, or for fraud or deliberate wrongdoing.
- Each term and provision of these Terms and Conditions is separate and distinct and shall not be affected by the invalidity or unenforceability of any other term or provision.
- Nothing in these Terms and Conditions confers or implies any right, power or privilege on any person other than the Company’s Customer.
- Every contract to which these Terms and Conditions shall apply shall be constructed in accordance with and governed in all respects by English Law and the Company and the Customer agree to submit to the jurisdiction of the English Courts.