J. A. Magson Limited
STANDARD CONDITIONS OF SALE
1. Definitions
a) The "Company" means J. A. Magson Ltd, company number 642170,
trading as Magson Incorporated under the Companies Act and having
their registered office at Magson House, Kettlestring Lane, Clifton Moor,
York , Y030 4XF.
b) The "Customer' means any person, persons, Firm or Company who requests or
receives a quotation or places an order or buys any products from the Company and
includes the servants, agents, employees or subcontractors of any such persons.
c) The 'Goods" shall mean any goods which form the subject of these Conditions.
2. Application of Conditions
All goods are sold and contracts concluded subject to these conditions. These Terms
and Conditions may not be altered except by the consent in writing of a Director of
the Company. The Company reserves the right to change these Terms and Conditions
of supply at any time, with written notice to the customer.
3. New Accounts
Prospective customers wishing to open a credit account are requested to furnish two
trade references and one banker's reference. Until the opening of a credit account has
been confirmed, a remittance should accompany the order, otherwise delivery will not
be made until after the references have proved acceptable.
4. Delivery
Each delivery shall be deemed a separate transaction and the failure of any one
delivery shall not affect the due performance of the order. Any request to vary the
quantity or delivery date of an order must be notified in writing at least one week
before the originally specified or due date, but requests to reduce the quantity of, or
vary delivery of merchandise specifically ordered by us for a particular customer must
be agreed by us in writing otherwise the original terms of the order will apply.
5. Claims
All claims for damage to, or partial loss of goods in transit must be submitted to, and
received by, us within 7 days of delivery. In the case of non-delivery of the whole
consignment, claims must be submitted to us and received by us in writing within 7
days of invoice date or within 5 days of receipt of Statement where the invoice has
been sent with goods. In the absence of claims being made within these terms, the
goods shall be deemed to have been delivered complete and in a satisfactory
condition and the risk in them transferred to the Customer.
6. Return & Credit Procedure
Claims for short deliveries against invoiced quantities, or for goods damaged in transit
must be made within 7 days of receipt. In line with our own suppliers, claims for
faulty goods will not be considered after 12 months from date of invoice. We reserve
the right to replace faulty stock. Once goods have been priced or inner packaging
opened goods will not be accepted back for credit unless the stock is faulty.
Return of Goods:
No goods can be returned without prior notification and an official pick up note
produced. A signed copy of this pick up note will be left with the customer; this note
will show an authorised return number and should be used in all correspondence.
Authorised uplifts will usually be made free of charge. But we reserve the right to
charge carriage and handling of returned goods where applicable. It is essential that
for all queries regarding shorts or faulty stock, the original purchase invoice and
Customer A/C Number is quoted.
7. Carriage
Orders over £50 value are delivered free of charge to mainland locations in England,
Scotland and Wales. Orders over £100 value are delivered free of charge to Ireland
and Islands
8. Prices
Prices shown are correct at the time of publication. We reserve the right, however, to
invoice at the prices ruling at the time of supply.
Where, at the Customer's request, orders are forwarded by any conveyance involving
a higher carriage charge than would be incurred by use of our usual mode of
conveyance then the additional cost will be charged to the Customer.
9. VAT
All contracts are concluded on the basis of prices exclusive of any Value Added Tax.
VAT will be charged at the rate ruling at the relevant tax point.
10. Terms of Payment
(i) Payment shall be made in accordance with the arrangements agreed by the
Company with the customer but in the absence of such arrangements being agreed in
writing payment shall be net cash in sterling within 30 days of invoice.
(ii) Interest will be added to any amount overdue to the Company at a rate of 4%
over the Yorkshire Bank Plc base rate from time to time until payment is made.
(iii) The Company reserves the right to charge an administration fee when it has to
deal with some default by the customer (e.g. on a dishonoured cheque).
11. Passing of Title
All goods delivered to a customer by the Company remain the Company's sole and
absolute property and the Company shall remain legal and equitable owner of them
until such a time as the customer has paid to the Company the agreed price for those
goods together with the full price due for any other goods or services the subject of
any other contract between the customer and the Company together with any interest
due for late payment.
The customer agrees that the Company may, for the purposes of recovery of its
goods, enter upon any premises where those goods are stored or where they are
reasonably thought to be stored and may repossess the same.
Until such time as the customer becomes the owner of the goods he will store them on
his premises separately from his own goods or those of any other person and in a
manner which makes them readily identifiable as the Company's goods.
The customer acknowledges that he is in possession of the goods solely as Bailee or
Fiduciary for the Company until payment of all sums mentioned above has been
made.
12. Force Majeure
Without prejudice to any other provisions hereof, the Company shall be under no
liability to the Customer in any way for destruction, damage, delay or any other
matters arising out of war, rebellion, civic commotion, strikes, lockouts, industrial
disputes, fire, explosion. Earthquake, Act of God, flood, drought or any other inability
of the Company to procure goods required for the performance of the contract.
13. Applicable Law
English law only shall apply to this contract and all disputes shall be dealt with by the
English courts alone.
Revised 07.07.06
VAT NO. GB551 9692 13 |