Michael Clarke Ltd (MCL) Terms and Conditions
– TERMS AND CONDITIONS FOR SUPPLY OF GOODS & SERVICES
In this document the following words shall have the following meanings:
1.1 “Customer” means any person who purchases Goods and Services from Michael Clarke Ltd (referred to in this document as MCL)
1.2 “Goods” means the articles specified in the Proposal;
1.3 “Proposal” means the statement of work, quotation or other similar document describing the
Goods and Services to be provided by MCL attached to these Terms and Conditions
1.4 “Services” means the services specified in the Proposal;
1.5 “Terms and Conditions” means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by MCL
2.1 These Terms and Conditions shall apply to all contracts for the supply of Goods and Services by MCL to the Customer and shall prevail over any other documentation or communication from the Customer.
2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by MCL
2.3 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which MCL may be entitled in relation to the Goods and Services, by virtue of any statute, law or regulation.
2.4 Nothing in these Terms and Conditions shall affect the Customer’s statutory rights as a Consumer.
3 THE ORDER
3.1 The Proposal attached to these Terms and Conditions shall remain valid for a period of 90 days. No contract between MCL and the Customer shall come into force until the Customer has accepted the Proposal.
3.2 The Customer shall be deemed to have accepted the Proposal by placing an order in writing with MCL (“the Order”) within the period specified in Clause 3.1.
3.3 All Orders for Goods and Services in writing shall be deemed to be acceptance of the Proposal pursuant to these Terms and Conditions.
3.4 MCL reserve the right to withdraw or amend any quotation without notice before acceptance of the Proposal has been received from the Customer.
3.5 On acceptance of the Proposal MCL will order the Goods as detailed in the Proposal. If subsequent to this order being placed the Customer cancels the Order the Customer will be liable for any costs incurred by MCL in the proper performance of the Order for Goods or time to that date.
3.6 The person giving instructions to MCL or ordering work or materials will personally be deemed to be the Customer unless it is made clear to MCL who the Customer is.
4 PRICE AND PAYMENT
4.1 The price for the Goods and Services is as specified in the Proposal and is inclusive of VAT and any applicable charges outlined in the Proposal.
4.2 Payment of the price shall be in the manner specified in the Proposal.
4.3 If the Customer fails to make any payment on the day of it becoming due, MCL shall be entitled (a) to charge interest at the rate of 5.00% per month from the due date to the date of payment (b) without any liability to the Customer, cease any uncompleted work .
4.4 The Customer must notify MCL of any variation to the Proposal and MCL (if it agrees the variation) reserves the right to adjust the price accordingly.
5.1 The date of delivery specified by MCL is an estimate only. Time for delivery shall not be of the essence of the contract and MCL shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods.
5.2 All risk in the Goods shall pass to the Customer upon delivery.
5.3 Where the Goods are faulty or do not comply with the requirements of the contract, the Customer must notify MCL within 7 days of delivery and the Customer shall be entitled to replacement Goods. After 7 days the Customer shall be deemed to have accepted the Goods and shall not after that time be entitled to reject them.
5.4 The Customer shall make all arrangements to take delivery of Goods whenever they are tended for delivery
6.1 Title in the Goods and materials shall not pass to the Customer until MCL has been paid in full in accordance with these Terms and Conditions
6.2 Should payment not be made in accordance with these Terms and Conditions MCL reserves the right (and shall be allowed access by the Customer) to remove any Goods or materials supplied or fitted by MCL.
6.3 The cost of any damage caused by such removal will not be borne by MCL.
7 CUSTOMER’S OBLIGATIONS
To enable MCL to perform its obligations the Customer shall:
7.1 co-operate with MCL;
7.2 make the site available to MCL for the duration of the works and ensure a safe supply of necessary services and utilities
7.3 provide MCL with any information reasonably required
7.4 obtain all necessary permissions, licenses and consents which may be required before the commencement of the services, the cost of which shall be the sole responsibility of the Customer;
7.5 comply with such other requirements as may be set out in the Proposal or otherwise agreed between the parties
8.1 Materials and Goods supplied by MCL shall be of merchantable quality and fit for their normal purpose
8.2 MCL shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.
8.3 MCL accepts all responsibility for the condition of tools and equipment used in the performance of the Services and shall ensure that any materials supplied shall be free of defects.
8.4 In addition to the Customer’s statutory rights, MCL guarantees all materials against faulty workmanship for the period specified in the Proposal
8.5 Goods supplied by MCL are guaranteed for the period and on the terms as specified by the manufacturers warranty applicable to the Goods
8.6 All services are guaranteed by MCL for the period specified in the Proposal.
8.7 MCL will at all times have Public Liability Insurance in place.
9 LIMITATION OF LIABILITY
9.1 Provided that nothing in these Terms and Conditions shall exclude or limit the liability of MCL for death or personal injury, MCL shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price for the Goods and Services.
9.2 Except to the extent precluded by law, MCL shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
9.3 MCL will not be liable for the fitness for a particular purpose (other than their normal purpose) of any materials or Goods or Services unless that particular purpose has been notified to MCL in writing prior to the date of this Proposal
9.4 `Where the Customer supplies Goods or materials MCL accept no responsibility for any defects or damage and offers no guarantee for these Goods or materials.
9.5 For the avoidance of doubt, time shall not be of the essence and MCL shall incur no liability to the Customer in respect of any failure to complete the Services by any agreed completion date.
10 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
12 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
Michael Clarke Ltd (MCL) PROPOSAL/STATEMENT/QUOTATION.
PAYMENT TERMS IN CONJUNCTION WITH TERMS AND CONDITIONS
,A cleared and accepted deposit of 25% of the total cost is deemed to be full acceptance of any proposal/quotation/statement..
This is to be paid directly into MCL account with surname as reference or by cleared cheque.
sort code: 30 93 15 ACC: 01027196.
For works totalling £1000 inclusive of any value added tax or more, stage payments must be paid when materials are on site, or monthly, whichever is the earliest from commencement date of contract.
50% of total balance must be paid when materials are on site, with the final balance of 25% together with any additional costs, paid on completion of work as in the terms and conditions.
Workmanship guarantee- The Guarantee shall be for labour only in respect of faulty workmanship for 12 months from the date of completion with the manufacturers warranty in force. The Guarantee will become null & void if the work/appliance completed/supplied by MCL is:
(a) Subject to misuse or negligence.
(b) Repaired, modified or tampered with by anyone other than a MCL operative. MCL will accept no liability for, or guarantee suitability, materials supplied by the Customer & will accept no liability for any consequential damage or fault.