MASONS MORTAR LTD TERMS AND CONDITIONS
In these conditions
a. Masons Mortar Ltd is called “the Company”
b. “The customer” means the person, firm or company purchasing goods or services from the Company.
c. “The goods” means any goods to be supplied by the Company in accordance with these conditions.
1 These conditions apply to all agreements for the sale of goods by the Company to the customer to the exclusion of all other terms and conditions which the customer may purport to apply under any Purchase Order or in correspondence or elsewhere. The Company shall not be liable to the customer for loss arising from or in connection with any representations made by the Company’s employees or agents except as they appear on the face of this document.
2. No order submitted by the customer will be deemed to be accepted by the Company unless the Company has received full payment. Account customers will be invoiced on or after sale or delivery of the goods and the customer will make payment within THIRTY (30) DAYS of the date of Invoice. If the customer fails to make any payment on the due date, the Com-pany shall suspend any pending orders and appropriate any payment to any goods or services as they determine.
3a. The price of the goods (exclusive of VAT which the customer must also pay) shall be the Company’s quoted price as detailed in its current price list.
b. The Company reserves the right, by giving notice to the customer at any time before delivery, to increase the price of goods and services to reflect any increase in the cost to the Company which is due to any factor beyond the control of the Company (such as alterations of transportation services, changes in delivery dates, or significant increase in the costs of labour or materials or other costs of manufacture).
4a. Risk of damage to or loss of the goods will pass to the customer on delivery.
b. Title of the goods will not pass to the customer until the Company has received in cash or cleared funds, payment in full for the goods the subject of this agreement and for all other goods to be sold by the Company to the customer for which payment is then due and all other amounts outstanding and payable by the customer to the Company.
c. Goods must be signed for by the customer or their representative and the signature must be clearly legible on the delivery documentation. The delivery contractors will not deliver goods without a signature. On receipt of their Invoice for delivery of the goods, the Company will take this to mean that delivery has been successfully affected. The signed delivery documentation is the customer’s proof of delivery (POD). It is the customer’s responsibility to ensure that this documentation is dealt with properly, particularly in circumstances where Companies withhold payment until receipt of a signed POD. In the event that the POD is lost and the customer requires a replacement, this will be provided. Where repeated requests are made for PODs due to the failure of a customer’s own paperwork management system, the Company reserves the right to charge an administration fee of £3.50 per copy.
d. The Company does not operate a delivery service. All deliveries are carried out by 3rd party haulage contractors on the customer’s behalf. (The customer has the option to organise their own collection and delivery) The Company will organise and schedule deliveries where possible to arrive at the customer’s requested drop off point and provide the delivery contractor with all the information provided to the Company by the customer. Normal deliveries are based on three working days (this does not include weekends and public holidays and requests for deliveries must be made in writing). Unless specifically requested and agreed by the Company in writing all deliveries will be by heavy goods vehicles (excludes parcel post). In instances where the delivery contractor does not have any lighter vehicles for delivery of goods the customer can arrange their own transport. Whilst the Company will en-deavour to arrange deliveries within the stated period at the time of ordering, the Company does not guarantee delivery of goods at specific times. The price quoted for delivery at the time of order is fixed net of VAT and will be clearly shown on our Invoice. Where a delivery is attempted and no one is present to receive the goods, the goods may be taken back to the transport depot and a second redelivery charge may apply. Any additional costs for re-delivery will be the recipient’s responsibility alone.
5a. Any claim by the customer which is based on any defect in the quality or condition of the goods or failure to correspond with the general specification shall be notified in writing to the Company immediately following discovery of the defect and in any event no later than SEVEN days from the date of delivery or receipt of the goods by the customer. If the customer does not notify the Company accordingly, the customer shall be deemed to have accepted the goods and shall not be entitled to reject them.
b. Where any valid claim is notified to the Company in accordance with Condition 5(a) above, the Company shall be entitled to replace the goods free of charge or at the Company’s sole discretion, refund to the customer the price of the goods (or a proportional part of the price), but the Company shall have no further liability to the customer.
c. Except in respect of death or personal injury caused by the Company’s negligence, the Company shall not be liable for any indirect or consequential loss of time arising out of the supply of the goods or their use or resale by the customer and the entire liability of the Company shall not exceed the price of the goods.
6. Account Customers are provided with credit facilities: the payment terms are STRICTLY THIRTY DAYS (30) NET.
· Unless the sale is for cash, or other credit terms have been agreed in writing with a Company Signatory, all accounts are due for payment 30 days from the date which the Goods are collected or delivered.
· We will accept payment of overdue accounts by credit card. This may be subjected to a surcharge of 2.5%. The amount of this surcharge may be revised by written notice to you including by announcements on our website when applicable.
· Late payment will incur interest at 8% above the Bank of England base rate, prevailing from time to time, until the date of payment after as well as before judgment.
· Credit facilities may be withdrawn or reduced at any time at our sole discretion.
· Even if we have previously agreed to give you credit we reserve the right to refuse to execute any order or Contract if the
arrangements for payment or your credit rating is not satisfactory to us. In our discretion we may require security satisfactory to us or payment for each consignment when it is available and before it is despatched in which case delivery will not be effected until we are in receipt of security or cleared funds as requested by us.
· In the case of short delivery, you will remain liable to pay the full invoice price of all goods delivered or available for delivery.
· You may not withhold payment of any invoice or other amount due to us by reason of any right of set off or counterclaim, which you may have, or allege to have, for any rea-son whatsoever.
· We shall be entitled at all times to set off any debt or claim of whatever nature which we may have against you against any sums due from us to you.
7. Delivery of materials will have been deemed to have taken place when we are notified by our carriers. Failure to secure/retain/sign delivery lines by Site staff/Personnel does not constitute failure on our part to have delivered goods. Goods not signed for as damaged on the delivery receipt documents are deemed to be acceptable and no credits will be issued. Written notification of damaged goods must be recorded in writing and received by our office within SEVEN DAYS of delivery, accompanied by a signed delivery line stating the amount of the goods damaged and endorsed by the haulage contractor. Goods in transit are covered by the haulage contractors’ Insurance. Materials supplied by Masons Mortar Ltd are on the above noted terms. No other terms will apply.
8. Masons Mortar Ltd operates a colour matching service: The Company will colour match our stated products to the sample material that the customer provides. It is the customer’s sole responsibility to agree that the colour match provided is fit for purpose and prior to a production order being placed. Where an order is placed for a colour matched product, the match will be deemed as accepted by the customer. No returns will be accepted for any colour match product that meets the International Commission on Illumination (CIE) standard. The company operates and is certified to ISO 9001 Quality Assurance for the Manufacture of Coloured Mortars, Paints and Lime Washes. Full terms and conditions of the colour match-ing service are available in our Colour matching guide, which is available on request.
9. NO RETURNS POLICY – due to the specialist nature of the Company Product Range Masons Mortar Ltd has a strict No Returns policy in respect of Pre-Batched or Dry Bagged materi-als, Paints Lime Wash or any through coloured products. From time to time customers may seek advice or assistance or Information from our Directors and staff; Information offered is not provided as a specification, the customer remains liable for all decisions on what is and what is not fit for purpose to which the materials they purchase are being applied.
10. Collection of bulk orders from our branches – the transport charge for customers who place bulk orders for materials to be manufactured at our production facility in Fife, but who want these materials shipped to either our Edinburgh or Glasgow or Newcastle branches for collection will be charged a site to site fee. For clarity, this charge will only apply to custom-ers ordering bulk bags and full pallets of 25kg bags (500kg to 1,000 kg pallets). Any orders that exceed 1,000kg will be charged on a per pallet basis and advised at the time of order.
11. Collection of goods – orders paid for will be retained for up to TWENTY EIGHT (28) DAYS after which the Company reserves the right to apply a storage charge, which will be liable for payment before the release of the goods. Details of current charges are available from our Branches.