General Conditions of Sales, Supply and Payment

General Conditions of Sales, Supply and Payment

1. Interpretation
’Terms’ means the terms and conditions set out in this document
‘the Buyer’ means the person, firm or company who purchases or agrees to purchase the Goods from the Company
’the Company’ means Mato Industries Limited whose registered office Is Unit 1, Philips Road, Blackburn, Lancashire, BB1 SPG ‘Contract’ means the contract between the Company and the Buyer which shall be deemed to incorporate these Terms ’Goods’ means any goods agreed in the Contract to be supplied by the Company to the Buyer
In these terms, reference to any statute or statutory provision shall be construed as a reference to such statute or statutory provision as amended, modified, re- enacted or replaced from time-to-time

2. The Contract
2.1 The contract shall be on these Terms and (for the avoidance of doubt) shall be to the exclusion of all other terms and conditions that are purported to be included or applied by the Buyer
2.2 No terms and conditions contained in the confirmation of order, purchase order or other document of the Buyer will form part of the Contract and (for the avoidance of doubt) the Contract between the Company and the Buyer shall be subject to these Terms

3. Delivery
3.1 Any dates specified by the Company for the delivery of Goods are intended to be an estimate only. If no date is specified for the delivery of the Goods, delivery will be within a reasonable time and such time shall be at the absolute discretion of the Company
3,2 Subject to the other provisions of these Terms, the Company shall not be liable for any loss, whether direct or consequential, economic or loss of profits or otherwise, arising directly or indirectly out of any delay In the delivery of the Goods nor will any delay entitle the Buyer to terminate or rescind the Contract
3.3 The Company reserves the right to make delivery by installments and to tender a separate Invoice in respect of each Installment.

4. Risk In and Ownership of the Goods
4.1 Risk in the Goods shall pass to the Buyer on delivery
4,2 Ownership in the Goods shall not pass to the Buyer until the Company has received In full in cleared funds all sums due to the Company In respect of the Goods and all other sums which are or may become due to the Company from the Buyer on any account

5. Price
5.1 The price of the Goods shall be the Company’s quoted price which shall be binding upon the Company and the Buyer provided that the Buyer shall accept the Company’s quotation within 30 days. The price for the Goods shall be exclusive of carriage costs and insurance and applicable VAT which the Buyer shall pay in addition. The Buyer shall pay such deposit as the Company shall direct
5.2 The Company reserves the right to increase the price in the event of the Buyer purchasing a smaller quantity than that for which the Company quoted

6. Payment
6.1 Subject to paragraph 5, payment of the price of the Goods shall be due 30 days from the date of the Company’s Invoice for the Goods unless otherwise agreed in writing
6.2 Payment shall not be deemed to have taken place until receipt by the Company of cleared funds
6.3 The Company will exercise its statutory right to claim interest and compensation for debt recovery costs under late payment legislation If It is not paid according to these Terms

7. Warranties & Inspection
7.1 The Company warrants that the Goods are of satisfactory quality
7.2 The Company shall have no liability for any defects or shortages that would be apparent on careful inspection by a prudent Buyer on delivery unless a written complaint Is received by the Company at Its registered address with 7 working days of receipt of delivery (including, for avoidance of doubt) the date of delivery detailing the alleged defect or shortage
7.3 The Company shall not be liable for any breach of warranty if the Buyer makes any further use of the Goods after giving such notice or alters or repairs the Goods without written agreement by the CompznY
7.4 The Company's liability under the warranty shall be limited to repairing or replacing the Goods in question or refunding or crediting the price of such Goods

8. Limitation of Liability
8.1 The Company shall under no circumstances be liable for any indirect, special or consequential loss (including loss of anticipated profit or third party claims) howsoever arising either from breach or non-performance of any of Its obligations
8.2 The Company's liability in respect of the Goods under this section 8 shall not exceed the purchase price of the Goods

9. Drawings and Specifications
9.1 All drawings, specifications and advertising Issued by the Company and any descriptions, details or illustrations contained in any Company‘s catalogs are issued or published for the sole purpose of giving approximate indication of the Goods described in them and will not be relied on by the Buyer or form part of the Contract
9.2 The Company reserves the right to change any Information relating to the Goods without prior notice

10. Force Majeure
10.1 The Company will not be liable for any loss or consequential liability or damage resulting from any delay In performance or failure to perform the Contract by reason of an act of God, explosion, flood, fire, war, riot, strike, lock-out, government control or regulation, abnormal weather conditions, accident, breakdown or any other circumstance beyond the Company’s control

11. Interpretation
11.1 All Contracts between Company and the Buyer shall be deemed made in England and shall be governed by English Law
11.2 Any part of these Terms held by a Court of Law to be Invalid shall be severable and shall not affect the validity or enforceability of any other Term