CONDITIONS OF SALE

1. Unless otherwise agreed in writing by MLM fasteners Ltd. “the Company” these conditions shall over ride any terms or conditions stipulated, incorporated or referred to by the buyer whether in the order or in any negotiations.
2. All guarantees, warranties, or conditions, with the exception of these express conditions of Sale  ( including any conditions as to quality or fitness for any particular purpose not with standing that such purpose may be known or made known to the Company) whether express or implied by statute common law or other wise are excluded and here by negative.
3. Orders are accepted on the condition that the Company may at its option supply 10% more or less than the quantity ordered.
4. Goods represented by the buyer to be defective shall not form the subject of any claim for work done by the buyer or for any loss , damage or expense whatsoever arising directly or indirectly from such defects, but on the express condition that particulars in writing of any such defects are given to the Company within 14 days of receipt of the goods by the buyer if such goods are returned to the Company and accepted by it as defective ( but not otherwise) the Company will in its absolute discretion either replace the goods with others as originally ordered or credit the buyer with the price for the goods returned in either of which cases the Company shall not be under any other or further liability in respect of or arising out of such defective goods. Defects in quality or dimensions in any delivery shall not be grounds for cancellation of the remainder of the order or contract.
5. All quotations are strictly net cash and payment for the goods shall be made within one calendar month from the date of delivery of the goods and if the goods are delivered in two or more instalments then a) each instalment shall be paid for within one calendar month of delivery and b) if payment is not made as aforesaid then the buyer shall also pay to the Company interest on the purchase price( or on any instalment thereof ) at the rate of 10% per annum from the date of delivery to the date of payment and c) all payments are to be made on due date as a condition precevent to future deliveries. The time herein before mentioned for payment shall be of the essence of the contract.
6. The property in the goods shall not pass to the buyer until the full price of the goods and all money payable by the buyer to the Company in respect of the goods have been paid or as hereinafter provided the goods have been sold Provided nevertheless that the buyer shall indemnify the Company in respect of any loss of or damage to the goods after they have been delivered to the buyer and provided also that the buyer may nevertheless sell the goods or any of them in the ordinary course of its business in which case the buyer shall hold the net proceeds of such sale as trustee for and on behalf of the Company until the full price of the goods and all sums payable to the Company in respect of the goods have been paid to the Company and provided also that ( without prejudice to any other rights or remedies to which the Company may be entitled) if the buyer shall make default in any payments due to the Company then the Company may forthwith take possession of all goods in respect of which such payments are due belonging to the Company which are still in the possession of the buyer.
7. The buyer shall indemnify the Company against all damages, penalties, costs and expenses to which the Company may become liable if any work done in accordance with the buyers specification involves an infringement of a registered design or patent.
8. Where the goods are sold f.o.b. the responsibility of the Company shall cease immediately the goods are placed on board ship and the company shall be under no obligation to give the buyer the notice specified in section 32(3) of the Sale of Goods Act 1893.
9. No claim for damage in transit, shortage of delivery or loss of goods will be entertained unless in the case of damage in transit or shortage of delivery, separate notices in writing are given to the carrier concerned and to the Company respectively within three days of receipt of goods followed by a complete claim in writing within 7 days of receipt of goods , and in the case of loss of goods, notice in writing is given to the carrier concerned and to the Company and a complete claim in writing made within 7 days of the date of consignment. Where goods are accepted from the carrier concerned without being checked the delivery record of the carrier concerned must be signed “not examined.
10. Deliveries may be wholly or partially suspended and the time of such suspension added to the original contract in the event of a stoppage, delay or interruption of work in the establishment of either the Company or the buyer during the delivery period as a result of strikes, lockouts, trade disputes, breakdown, accident or any other cause whatsoever beyond the control of the Company or the buyer respectively.
11. The quoted price of the goods may be varied by additions upwards by the Company in accordance with market conditions at the date of actual supply and the buyer shall pay such additions in addition to the quoted price. Without prejudice to the generality of the foregoing market conditions shall include any increase in the cost of labour and/or materials operation and/or transport.
12. Any time or date named by the Company for delivery is given and intended as an estimate only and the Company shall not be liable to make good any damage or loss whether arising directly or indirectly out of delay in delivery.
13. The Company shall not under any circumstances be liable to the buyer for any damage, loss or expense whatsoever arising directly or indirectly from any defects in goods supplied but not manufactured by the Company, but the Company will at the request and expense of the buyer take such steps as it considers to be reasonable in order to obtain for the buyer the benefit of any condition, warranty or guarantee given by manufacturers of the goods and to which the buyer may be entitled.
14. Any mechanical or chemical test certificates that may be supplied to a customer by the Company are supplied on the understanding that they have been produced only to the best of the Company’s knowledge and belief and on the express condition that the Company shall not be liable in respect of any errors or omissions therein.
15. Cartons, cases and crates must be paid for.
16. The buyer shall pay to the Company, in addition to the purchase price , the charges properly incurred by the Company in connection with the carriage of goods ordered below £250.00.
17. The contract shall be subject to and construed in accordance with English Law.

CONDITIONS OF PURCHASE

1. Unless otherwise stated in writing by MLM fasteners Ltd “the company” these conditions / terms of purchase shall over ride any terms or conditions stipulated incorporated or referred to by the seller.
2. All prices quoted on MLM fasteners Ltd purchase order is to include free delivery to our premises unless specifically agreed to the contrary , in writing, by an authorised MLM purchase department senior employee
3. We , the company, reserve the right to accept or decline any goods not up to sample or specification.
4. All packing cases etc. are to be supplied free of charge and will only be returned if MLM fasteners Ltd are required to do so by the seller on receipt of their purchase order.
5. In the event of labour difficulties, fire or other unforeseen cause, or circumstances beyond our control, we reserve the right to require to suspend any deliveries, until such date as we may, in writing notify you that we are in a position to accept them.
6. Failure to deliver the goods by the specified date will render the relevant MLM purchase order liable to cancellation by us without notice.
7. An advice note or delivery note is to accompany the goods immediately goods are despatched , Invoices to follow as quickly as possible. ALL DOCUMENTS MUST QUOTE THE RELEVANT MLM PURCHASE ORDER NUMBER. Invoices will only be deemed as valid for a particular trading month provided the invoice is received by MLM fasteners Ltd by the 7th day of the following trading month.
8. A monthly statement of account is to be sent to MLM fasteners Ltd embodying all invoices for goods supplied under the specific purchase order numbers during the month must be rendered as soon as possible after the end of the month and payment shall not be due until such statement has been received by us and the relevant period has elapsed.
9. No materials will be accepted or paid for unless an MLM fasteners Ltd official purchase order has been issued.
10. Payment terms are 60 days E.O.M from month  of invoice
11. The contract shall be subject to and construed in accordance with English Law.

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