Terms & Conditions
Applications Of Conditions
The following conditions shall apply and be incorporated in any contract for the sale of goods or for work to be done with or without materials being supplied of which the tender printed overleaf may form part and made and entered into by M&H Technical Services Ltd (the Company) with any purchaser or employer. The Company’s liability under any contract is expressly limited as these Conditions provide and any variations of these Conditions and any document of the purchaser or employer shall be inapplicable unless accepted in writing by the Company.
Time For Performance
(1) Where any period is named for delivery of goods or for performance of work and such period is not extended by mutual consent in writing the purchaser or employer shall take delivery or allow performance within that period.
(2) Any time or date for delivery or for performance named by the Company is an estimate only and the Company shall not be Iiable for any consequences of any delay.
(3) Any delay arising from any cause whatsoever beyond control of the Company including without prejudice to the generality of the foregoing the act or omission of the purchaser or employer or any sub-contractor of the Company or any other person shall give rise to a reasonable extension of time for delivery or performance and shall allow the Company to increase the price quoted for the goods to be sold or for the work to be done to cover any costs, charges and expenses incurred by the Company as a result of such delay.
Time For Performance
(1) Where any period is named for delivery of goods or for performance of work and such period is not extended by mutual consent in writing the purchaser or employer shall take delivery or allow performance within that period.
(2) Any time or date for delivery or for performance named by the Company is an estimate only and the Company shall not be Iiable for any consequences of any delay.
(3) Any delay arising from any cause whatsoever beyond control of the Company including without prejudice to the generality of the foregoing the act or omission of the purchaser or employer or any sub-contractor of the Company or any other person shall give rise to a reasonable extension of time for delivery or performance and shall allow the Company to increase the price quoted for the goods to be sold or for the work to be done to cover any costs, charges and expenses incurred by the Company as a result of such delay.
Price
(1) The price quoted for the goods to be sold or the work to be done may be increased by the Company so that the actual price to be paid by the purchaser or employer is the Company‘s price ruling at the date of actual delivery of goods or at the date of actual performance of work (whether or not such dates shall be within any period named for delivery or performance by the Company). Without prejudice to the generality of the foregoing the Company may increase any price quoted to include any increase in the cost of labour or materials or transport or increases payable to any sub-contractor of the Company.
(2) Unless otherwise accepted in writing by the Company payment of the price shall be made at the end of the month in which delivery of goods is made or at the end of the month in which work is completed and if the account of the purchaser or employer is due for payment the Company shall be entitled to cancel or suspend delivery or performance of this or any other contract without giving rise to any claims whatsoever by the purchaser or employer and without prejudice to the exercise of any other rights or remedies of the Company. The granting of credit to any purchaser or employer is within the Company‘s discretion entirely and the Company reserves the right to suspend delivery or performance under this or any other contract until all goods delivered or work done thereunder have been paid for.
Performance
(1) No condition or warranty is given or to be implied as to the life or wear of goods or work or that such goods or work will be suitable for any particular purpose or for use under any specific conditions notwithstanding that such purpose or conditions may be known or made known to the Company.
(2) If the purchaser or employer by written notice to the Company within twenty one days of delivery or performance of any goods or work represents any such goods or work or any part thereof to be defective and the Company agrees that such goods or work are defective then the Company may at its option in the case of goods either replace the defective goods where practicable with goods as ordered or refund the price paid and in the case of work done may either make good defects by replacement or repair or repay any sum paid or such part of any sum paid as the Company shall determine to be the price of the defective work.
(3) All specifications, drawings, illustrations, literature, price lists and advertisements provided by the Company are offered in good faith as being approximately correct and shall not form part of any contract unless the Company accepts in writing that they shall form part of such contract. AII dimensions, measurements and other particulars of work offered by the Company are offered in good faith as being approximately correct and deviations therefrom shall not vitiate the contract or form the basis of any claim against the Company.
The Company shall not be Iiable for any claim for damages for consequential Ioss, loss of profit or expenses howsoever arising.
Indemnity
The purchaser or employer shall indemnify the Company against all damages, penalties, costs, and expenses to which the Company may become liable as a result of the sale of the goods agreed to be sold or the performance of the work to be done.
Determination
(1) Subject to the provisions of Condition 2 if the fulfillment of the obligations of the Company under any contract is prevented or impeded by any cause whatsoever beyond the control of the Company including acts of God, war, inability to obtain materials or labour, riots, strikes, lockouts, civil commotion, sabotage. the operation of any statute, rule or regulation, the requirement of any competent Authority, delay in the execution of any work by any sub-contractor of the Company, or delay in delivery of materials by any of the Company’s suppliers the Company may at its option determine any such contract in which event the purchaser or employer shall have no claim against the Company in respect of such determination provided that such determination shall be made without prejudice to any rights accrued to the Company in respect of such contract.
(2) If the purchaser or employer by written notice to the Company within twenty one day s of delivery or performance of any Company or if any distress or execution shall be levied upon the purchaser’s or employer’s property or assets or if the purchaser or employer shall make or offer to make any arrangement or composition with creditors or commit any act of bankruptcy or if any petition or receiving order in bankruptcy shall be presented or made against the seller or contractor or in the case of a limited company if any resolution or petition to wind up such company’s business (other than for the purposes of amalgamation or reconstruction) shall be passed or presented or if a receiver of such company’s undertaking property or assets or any part thereof shall be appointed the Company shall have the right forthwith to determine any contract then subsisting and upon written notice of such determination being posted to the purchaser’s or employer’s last known address any subsisting contract shall be deemed to have been determined without prejudice to any claim or right the Company may otherwise make or exercise in respect of such determination.
Title
Title in goods agreed to be sold or materials delivered under a contract for work to be done shall not pass until payment has been made to the Company in full of the price of the goods or work done.
Arbitration
These Conditions and any contract into which they are incorporated shall be subject to and construed in accordance with English Law. Any dispute shall be referred to an arbitrator or arbitrators to be appointed by the parties or in default of agreement by the President of the Law Society for the time being and his or their decision shall be binding on both parties. This shall be a submission to arbitration within the Arbitration Act J950 or any statutory modification thereof for the time being in force.