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CONDITIONS OF SALE  

(AS AMENDED FROM TIME TO TIME: REVISED 1st FABRUARY 2005) TO ENABLE CORRESPONDENCE TO BE PROCESSED, PLEASE QUOTE YOUR ACCOUNT NUMBER

In these Conditions of Sale "The Company" is Matchmakers International Limited. "The Customer" is the Customer of Matchmakers International Limited. "The Consumer" is the individual or body who purchases from the Customer of Matchmakers International Limited.
 

PRICES AND TERMS OF PAYMENT | CARRIGE | DELIVERY AND DELAY | FAULTY GOODS PROCEDURE FOR RETURNS | CANCELLATION BY THE CUSTOMER NEW CUSTOMERS | RESALE OF GOODS | PRODUCT SPECIFICATION | DEFAULT BY THE CUSTOMER RETENTION OF TITLE | LIABILITIES | THIRD PARTY RIGHTS | GENERAL | NOTICE


1.PRICES AND TERMS OF PAYMENT
     
  • Prices quoted in the current price list supersede all prices for identical goods in previous price lists.
  • Prices are subject to revisions without notice and the prices payable will be those ruling at the date of dispatch.
  • Where goods are invoiced at special prices agreed at the time of ordering, this is conditional upon payment being made on the due date. If payment is not received by the due date, then the Company reserves the right to charge the difference between the special price and the list price.
  • Settlement discount is available at the prevailing rate, currently 1.5%, for payment within fourteen days of invoice. Terms are otherwise nett monthly. Changes to the prevailing rate will be notified via the monthly statements of account.
  • The Company may charge interest 2% monthly on the amount outstanding on an account from the due date of payment until the actual date of payment. In the event of any account being referred to a third party for collection, a surcharge of 5% over Barclays Bank Plc. Base rate will be levied on such account, in addition to any legal charge payable.
  • If any invoice is not paid in full by the Customer within one calendar month of the due date, then all other amounts outstanding become payable immediately. This overrules any prior agreements between the Company and Customer to delay or defer payment.The Company will send to the Customer a statement of the amount then owing in accordance with this condition.
  • The Customer may not withhold any payment of any invoice or other amount due to the Company by reason of any right of set off or counterclaim which the Customer may have or allege to have for any reason whatsoever.
  • The Company shall be entitled at all times to set off any debt or claim of whatsoever nature which the Company may have against the Customer against any sums due from the Company to the Customer.
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2. CARRIGE
     
  • Carriage will be paid by the Company on all order of GBP 200 and over exclusive of VAT for UK customers of Euro 500 and over exclusive of VAT for non-UK customers.
  • For UK customers on orders of less than GBP 200 in value exclusive of VAT a carriage will be charged to the Customer.
  • For non-UK customers on orders of less than Euro 500 in value exclusive of VAT a Euro 30 carriage charge will be charged to the Customer.
  • Goods will be consigned at the Customer's risk and by the most economical routes. If other arrangements are made on the Customer's instructions, any additional costs will be charged.
  • Where the Company incurs additional carriage costs for re-delivery it reserves the right to recharge these costs to the Customer where the Customer is deemed at fault.
3. DELIVERY AND DELAY
     
  • Delivery will be effected when the goods leave the Company's premises whether carried by the Company or an independent carrier or the premises of the Company's suppliers when the goods are delivered direct from suppliers.
  • Delivery dates are given in good faith but are estimates only.
  • The time for delivery shall not be of the essence of the contract.
  • The Company shall not be liable for any damages whatsoever whether direct or indirect (including any liability to any third party) resulting from any delay in delivery of the goods or failure to deliver the goods in a reasonable time whether such delay or failure is caused by the Company's negligence or otherwise howsoever.
  • All complaints and claims in respect of loss or damage to the goods supplied shall be notified in writing by the Customer to the Company within seven days after delivery of the goods to the Customer or to his agent, or after such loss or damage shall have come to the notice of the Customer whichever shall be sooner. Any claim not so notified within such a time should be deemed waived.
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4. FAULTY GOODS
     
  • In the event of the Consumer returning goods to the source of purchase under complaint, the Company requests that such goods be returned to the Company's Customer Care Department for technical inspection before a commitment is made to the Consumer. The Company shall not be bound by any prior commitment made by the Customer to the Consumer.
  • Prior to returning goods under complaint for inspection the Customer must contact the Company's Customer Care Department on (01274) 711099 to obtain an authorised return number.
  • The amount of payment to the Customer (if any) or the action taken by the Company (if any) in respect of any such complaint or claim shall be entirely at the discretion of the Company.
  • Customers returning goods to the Company by way of return without an authorised return number will be subject to a handling charge of 20% of the value of the goods so returned subject to a minimum charge of £10.
5. PROCEDURE FOR RETURNS
     
  • Goods purchased and dispatched as ordered are not subject to exchange or credit except where the Company is deemed to be at fault (excluding early / late delivery).
  • The Company does not sell or despatch goods on a sale or return basis.
  • All applications to return goods must be made in writing stating the reason for return, number of articles and style numbers involved. If the return is approved the Customer will receive an authorised return number. No returns shall be accepted without a returns authorization number.
  • All requests to return merchandise shall be made to the Customer Care Department, Matchmakers International Limited, Park View Mills, Wibsey Park Bradford, BD6 3SR, United Kingdom. Telephone +44 (0) 1274 711011.
  • Where the Company agrees to authorise a return of non-defective stock which was delivered as ordered (excluding early / late delivery) it reserves the right to impose a re-stocking and administration charge of 20% of the value of the goods so returned.
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6. CANCELLATION BY THE CUSTOMER


Orders placed by the Customer are deemed to be firm commitments and cannot be cancelled. In the event that a Customer refuses to accept delivery or part-delivery of an order accepted by the Company, the Company reserves the right to impose an administration surcharge equal to 20% of the value for which delivery has been so refused unless the Company has agreed to waive the surcharge.
 
7. NEW CUSTOMERS
     
  • The Company reserves the right to refuse to supply goods in accordance with as order made by a new Customer until two satisfactory references have been received by the Company and the account has been approved and opened.
  • Payment of an order accepted by the Company prior to a credit account for the Customer having been accepted and opened is due before delivery of the goods.
8. RESALE OF GOODS


The goods are sold by the Company to the Customer on the express condition that the Customer shall not sell or supply such goods to any Customer for resale by that Customer without the express permission in writing of the Company.
 
9. PRODUCT SPECIFICATION


In accordance with our policy of constant improvement, the Company reserves the right to modify any specification at any time without notice.
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10. DEFAULT BY THE CUSTOMER


If the Customer fails to pay the price for any goods on the due date f fails to pay any sum due to the Company under any contract on the date or becomes insolvent (unable to pay debts within the meaning of Section 123 of The Insolvency Act 1986 and/or subject to levying or the threat of execution or distress on any of the Customer's property and/or the appointment of a receiver or administrative receiver over all or any part of the Customer's property and/or a proposal for a voluntary arrangement or composition between the Customer and its creditors and/or the passing of a resolution for the voluntary winding up or summoning a meeting to pass such a resolution otherwise than for the purposes of a bona fide amalgamation or reconstruction and/or the presentation of a petition for the breach of these conditions and fails to remedy that breach or if the Company has given written notice to the Customer terminating the Customer's power of sale, then all sums outstanding between the Customer and the Company shall become immediately payable and the Company shall be entitled to require payment in cleared funds in advance of further deliveries
 
11. RETENTION OF TITLE
     
  • Risk in the goods shall pass to the Customer upon delivery but title of the goods shall remain with the Company until payment in full has been received by the Company:
    1. For the goods.
    2. For all goods ordered or delivered to the Customer.
    3. For any monies due from the Customer to the Company on any account whatsoever.
  • Until cleared funds have been received in full payment, the Customer shall hold all goods as agent of the Company and must keep the same separate from other stock and readily identifiable as the Company's goods. In the meantime the Customer may sell the goods in the ordinary course of business to bona fide third party purchasers at full market value without notice of this clause but the Customer must account to the Company for the proceeds thereof. The Company may require the Customer at any time before the Customer has paid in full to deliver the goods to the Company immediately and if the Customer does not do so then the Company shall be entitled to enter upon the Customer's premises to repossess them.
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12. LIABILITIES
     
  • If the goods are not in accordance with the contract for any reason the Customer's sole remedy shall be limited to the Company making good any shortage by replacing such goods or, if the Company shall elect, by refunding a proportion or part of the price.
  • The Company's liability to the Customer, whether for any breach or contract or other wise, shall not in any event exceed the price and the Company shall be under no liability for any direct loss and/or expense or indirect loss and/or expense suffered by the Customer or liability to third parties incurred by the Customer.
  • All warranties and conditions whether implied by statute or otherwise are excluded from this contract provided that nothing in this contract shall restrict or exclude liability for death or personal injury caused by the negligence of the Company or affect the statutory rights of a Customer dealing as a Consumer.
13. THIRD PARTY RIGHTS


Nothing in this contract is intended to or will grant any rights to any third party to enforce any terms of the contract where express or implied.
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14. GENERAL
     
  • All contract by the Company for the sale of goods shall be governed and interpreted according to the laws of England and Wales and the Customer agrees to submit to the non-exclusive jurisdiction of the English Courts.
  • The waiver by the Company of any breach or default of these terms by the Customer shall not be construed as a continuing waiver of that breach not as a waiver of any subsequent breach of the same or any other term.
  • In any clause or sub-clause of these conditions is held by a competent authority to be invalid or unenforceable the validity of the other clauses and sub-clauses of these conditions shall not be affected and they shall remain in full force and effect.
  • The Company shall not be liable for any delay or failure to perform any of its obligations in relation of these conditions and/or the goods due to any cause beyond the Company's reasonable control, including industrial action.
  • The Company may assign, novate or sub-contract all or any part of this contract and the Customer shall be deemed to consent to the same. This contract is personal to the Customer and it may not be assigned by the Customer.
15. NOTICE
     
  • Trading with the Company implied acceptance of these conditions.
  • Without prejudice to the above these conditions shall apply to all contracts for sale of goods by the Company to the Customer to the exclusion of all other terms and conditions including any terms conditions which the Customer may purport to apply under any purchase order, confirmation or order or similar document.
  • All orders for goods shall be deemed to be an offer by the Customer to purchase goods pursuant to these conditions.
  • Acceptance of delivery of these goods shall be deemed conclusive evidence of the Customer's acceptance of these conditions.
  • Any variation to these conditions shall be inapplicable unless agreed in writing by an authorized signatory of the Company.
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