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Mills Ltd. (the Supplier) agrees to supply goods/services to third
parties (the Customer) on the following terms and conditions to the
exclusion of any other terms and conditions and which may only be
varied under the authority in writing of the Supplier.
1. Terms of Payment
1.1 Where credit terms are extended and unless separately agreed the due date for payment will be 30 days from invoice date.
The due date for payment shall be of the essence. Interest at 5% over
Barclays Bank PLC Base Rate is chargeable on overdue accounts accruing
on a daily basis until payment is made, whether before or after
judgement. The supplier reserves the right to claim interest under the
Late payment of Commercial Debts (Interest) Act 1998. Credit facilities
may be withdrawn without notification.
1.2 No payment shall be deemed to have been received until the Supplier has received cleared funds.
1.3 The Supplier shall at its discretion (without prejudice to its
right to treat the contract as repudiated and claim damages) be
entitled to withhold despatch of the good and/or performance of the
services until all monies owing to the Supplier by the Customer have
been paid in full.
2. Prices
2.1 Prices are those ruling at the time of delivery or collection.
2.2 Unless otherwise specified prices quoted do not include Value Added Tax.
2.3 At any time before delivery has been completed the Supplier shall
be entitled to vary the price of the good/services. Reasons for so
doing may include but shall not be limited to any of the following;
increased labour costs; increased material or processing costs;
increased transport costs (if carriage is included in the quote price);
implementing any request by the Customer for expedited despatch or
changes in delivery, schedules, completion dates, quantities, design
specification or performance; and delays caused by instructions of the
Customer or by failure to give adequate instructions or information.
2.4 Prices shown on the web site apply only to orders made using Mills'
online shopping facility and are not valid for orders placed by any
other method including but not limited to telephone, letter, fax and
email.
3. Quotations
3.1 All quotations are invitations to treat and no order is binding on
the Supplier until the Supplier has received and accepted the Customers
order. The Customers order shall be deemed to be accepted by the
Supplier unliess it contacts the Customer (in writing or verbally) in
repsect thereof within seven working days from receipt of the order.
4. Ownership
4.1 All goods supplied remain the property of the Supplier until all
monies due to the Supplier are paid in full and the Customer shall hold
them identified accordingly as bailee and grants an irrevocable licence
to the Supplier to enter on to the Customer's premises for the purpose
of repossessing the Supplier's goods.
4.2 The goods are at the risk of the Buyer from the time of delivery.
4.3 Until ownership of the goods has passed to the Customer, the Customer must:-
4.3.1 store the goods (at no cost to the Supplier) separately from
all other goods of the Customer or any third party in such a way that
they remain readily identifiable as the Supplier's property.
4.3.2 maintain the goods in satisfactory condition and keep them
insured on the Supplier's behalf for their full price against all risk
to the reasonable satisfaction of the Supplier. On request the customer
shall produce the policy of insurance to the Supplier.
5. Delivery
5.1 Delivery times are quoted in good faith but the Supplier accepts no liability for late delivery.
5.2 Time of delivery of the goods and/or performance of the services shall not be of the essence of the contract.
5.3 Unless otherwise agreed the Customer will provide at its expense
all adequate and apropriate equipment and manual labour for loading the
goods.
5.4 If by reason of the Customer's default the goods or any of them
have not been taken up or delivered by any date specified for such
taking up of delivery then:-
5.4.1 the Customer shall nevertheless pay the Supplier in
accordance with Clause 1 of the Conditions as if such taking up or
delivery has occurred; and
5.4.2 the goods will be deemed to have been delivered.
5.5 Where the Supplier's carrier attempts to deliver to the address specified by the customer and fails, or if the customer or its agent refuses delivery at the address specified by the customer, when the goods are redirected back to the Supplier as a result, the Supplier reserves the right to charge the customer for any re-deliveries.
5.6 Cabinet Delilveries: Please note thatcabinet deliveries are made to ground floor front reception or loading bay) only. Two man, sited deliveries are available at extra cost, please contact sales for details and costs.
6. Quality
6.1 Goods supplied are warranted to be of satisfactory quality but no
warranty is given for any particular purpose other than the purpose
commonly applied or those specified by the relevant manufacturer.
6.2 Any goods claimed to be defective must be returned with the
appropriate receipt or evidence of purchase and where it is proved that
the goods were defective at the time of sale the Supplier shall have
the options of repair or replacement. The property in replaced goods
remain with or converts to the Supplier. The Supplier recommends that all goods should be unpacked and inspected before the customer signs for them. Once the customer has signed for the delivery, the customer has in effect confirmed that all the goods on the delivery note have been received in perfect working order. A signed proof of delivery at the address specified on the customer's order completes the delivery and exempts the Suppliers liability for the product (except in the case of faulty goods). Any goods returned to the Supplier on the basis of being faulty are subject to a charge of £50 if, after inspection, the goods are found not to be faulty.
6.3 The Supplier should be notified of any damaged goods or iscrepancies within 48 hours of receipt of the goods.
6.4 Sub-clause 6.1 this Clause 6 shall be subject to the proviso that no warranties provided by the Supplier will apply:-
6.4.1 where the goods have been installed, repaired or alteration
made by anyone other than the Supplier's representatives or authorised
agent; or
6.4.2 where the goods have not been commissioned or operated in accordance with procedures prescribed by the Supplier.
6.5 All other warranties, conditions and other items implied by statute
or common law (save for the conditions impled by Section 12 of the Sale
of Goods Act 1979) are, to the fullest extent permitted by law,
excluded from the contract.
7. Returned Goods
7.1 The customer should contact Customer Services before returning any products to obtain an RMA number. The Supplier accepts no liability for goods returned, without the written authority of the Supplier.
7.2 The Supplier reserves the right to refuse returns without a valid RMA number shown clearly on the outside of the package. An unauthorised return, ie one for which an RMA number has not been issued or one witout a valid RMA number shown clearly on the outside of the package, will be returned to the customer at the customer's expense.
7.3 Any goods that mayneed to be collected that are not as a result of the Supplier or its representative(s) negligence may incur a minimum collection fee of £15.00 +vat.
7.4 Items which are no-stock and are ordered specifically againstthe customers purchase order eg cut lengths of fibre and custom built cabinets, are non-cancellable and non-returnable and are outside this policy (unless faulty)
7.5 Cancellation of orders will not be accepted unless agreed in
writing by the Supplier and where any cancellation is agreed the
Customer will be liable for handling charges.
7.6Handling charges apply where the reason for return is not as a result of the negligence of the Supplier or its representative(s) e.g. goods no longer required or ordered incorrectly by the customer. For such returns the customer must request an RMA number within 5 working days of the delivery date. The product and the product packaging must be in perfect working order/condition and in the Suppliers view suitable for resale. By agreeing to return products you are agreeing to the Supplier handling charge policy. The Supplier reserves the right to levy a handling charge of 20% of the goods value (minimum £30) to cover the cost of the administration of the return and where appropriate our intital delivery costs.
8. Safe Use
8.1 Customers have a duty to use/operate all goods supplied in
accordance with manufacturers instructions for safe use and to ensure
that such instructions are conveyed effectively by the Customer to any
persons using the goods.
8.2 Subject to the provisions of Clause 8.4 below the Supplier accepts
no liability for injury or losses from the use of products.
8.3 All contracts for the supply of goods/services shall be deemed to
have been agreed at the Suppliers premises and both parties agree to be
bound by English Law.
8.4 Nothing in these Conditions excludes or limits the liability of the
Supplier for death or personal injury caused by the Supplier's
negligence or fraudulent misrepresentation.
9. Unfair Contract Terms Act
9.1 The above terms and conditions have been drawn with the Unfair
Contract Terms Act 1977 in mind and the Supplier believes them to be
fair and reasonable. If the Buyer believes that they are not fair and
reasonable he must convey such belief to the Supplier in writing prior
to contracting.
10. Important Notice
10.1 Information detailed on this web site is for product selection.
Every effort is made to be technically accurate. However, the company
does not accept any liability for error or omissions and reserves the
right to change and modify product. It is prohibited to reproduce in
any way any part of this site without written consent from Mills Ltd.
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