MB LOCKING LOGISTICS GROUP LTD - Terms & Conditions

1.  General

The word seller means MB Locking Logistics Group Ltd.  All offers and quotations are made without obligation and all orders for the Seller’s products (the Products) are subject to acceptance or rejection by the Seller.  The Seller’s acceptance of the Buyer’s order is conditional on the Buyer’s acceptance of these terms and conditions to the exclusion of all others and the Buyer on placing an order is presumed to have accepted these terms and conditions without modification.  The seller reserves the right to correct accidental errors or omissions on quotations, or acknowledgements or invoices.

2.  Prices.

The Seller’s prices for the Products are quoted in Sterling and exclusive of VAT (where applicable). VAT is calculated at the prevailing rate on the date of despatch. Prices are valid as stated unless it is not commercially viable or reasonable to do so we will then make every effort to notify customers of any price changes at point of order or in a targeted manner and subsequent literature.  The Buyer is responsible for the payment of all taxes and duties which may be assessed or levied on, or on account of, products sold to the Buyer and for all carriage charges.

3.  Despatch

Every effort will be made to deliver Products on time but any delivery date stated is an estimate only and the Seller shall have no liability for any loss or damage caused by delay in delivery.  Non-delivery must be advised in writing within three days of despatch date, otherwise the Seller will accept no responsibility.  The Seller reserves the right to charge the Buyer any costs and expenses incurred by the Seller as a result of any delay in delivery caused by circumstances within the control of the Buyer.

4.  Description

All weights, measurements, dimensions, drawings, capacities, specifications and other particulars contained in photographs, catalogues, price lists or advertising material are only approximate.  Such particulars do not form part of the Contract and deviations therefrom or subsequent changes in design are not grounds for non-acceptance of the Products and do not constitute a breach of the contract.

6.  Availability

If we have insufficient stock to supply or deliver the goods ordered and paid for by you, we may, at our discretion, supply or deliver a substituted product or refund you the price paid for such goods as soon as possible. In the case of an account customer, we may, at our discretion raise a credit to offset the amount invoiced to you.

7.  Inspection on Arrival

The Buyer shall inspect the Products immediately on delivery and shall notify the Seller and the carriers within three days of delivery of any loss, damage or discrepancy.

8.  Force Majure

In the event that the Seller is prevented from carrying out its obligations under a contract for sale as a result of any cause beyond its control such as a but not limited to Acts of God, War, Strikes, Lockouts, Flood and Failure of third parties to deliver goods. The Seller shall be relieved of it obligations and liabilities under such contract for sale for as long as such fulfilment is prevented.

9.  Health and Safety

9.1 By purchasing from MB Locking Logistics Group Ltd you acknowledge that you are aware of all Health and Safety requirements pertaining to the products and their application.

9.2 By purchasing from MB Locking Logistics Group Ltd you assume full liability for the consequences of your actions and acknowledge that you are obliged to report and misuse or abuse of the sellers products and/or service.

10. Copyright

©MB Locking Logistics Group Ltd. Photographs, reference numbers, layout and style are considered property. Reproduction in whole or part, is strictly prohibited without written permission. Quantities and measurements are approximate. Exact products may vary from that shown. All products are subject to availability.

11.  Seller’s Liability

11.1 The Seller warrants to the Buyer that the Products manufactured by it will be free from defects in materials and workmanship for a period of 12 months .  The Seller’s sole obligation to the buyer under this warranty is, at the Seller’s option the refund of the price charged by the Seller to the Buyer or the repair or replacement of any Products or parts thereof which, under normal use and proper maintenance, have proven defects in materials or workmanship.  The warranty does not cover ordinary wear and tear, abuse, misuse, overloading, altered Products or Products which have not been installed, operated or maintained in accordance with the Seller’s written instructions.  Upon the Seller’s request, the Buyer will return all defective Products or parts to the Seller with proof of the date of delivery.  The risk of loss of any Products or parts returned to the Seller will be on the Buyer.  No claims under this warranty will be valid unless the Buyer notifies the Seller in writing within a reasonable time of the Buyer’s discovery of such defect.

11.2 Apart from its liability under the warranty contained in (a), the Seller shall have no liability under the Contract (so far as permitted by law) in negligence for loss or damage whether direct or indirect resulting from any defect in the Products.

11.3 Any express or implied condition, statement or warranty, statutory or otherwise, not stated in these Conditions is hereby excluded.

12.  Returned Products and Cancellations

No cancellation of any order is effective unless accepted by the Seller in writing.  Products returned without the Seller’s written consent will not be accepted for credit.  No returns or cancellations will be accepted except upon terms which will reimburse the Seller for all expenses and lost profits.

13.  Patents

The Seller indemnifies the Buyer against loss arising from any claim that the Products infringe a  third party’s patents or other industrial property rights provided that the Buyer shall immediately notify the Seller of any such claim and that the Buyer shall have the sole conduct of any proceedings.  The Buyer shall render assistance to the Seller in defending such claim at the Buyer’s request and expanse.

14.  Law

This contract shall be governed by and construed in accordance with the laws of England.