1) GENERAL In these terms and conditions of trading “MACOI” means MACOI Limited. “The Customer” means the customer to whom MACOI agrees to supply goods. “Goods" mean any items supplied by MACOI to the customer. These terms of conditions shall apply to all contracts entered into between MACOI and the customer unless agreed to the contrary in writing by an authorised officer of MACOI. Unless otherwise agreed in writing by MACOI (the supplier) these conditions which supersede any earlier sets of conditions appearing in the supplier’s catalogues or elsewhere shall override any terms or conditions stipulated incorporated or referred to by the buyer whether in the order or in any negotiations and all guarantees warranties or conditions.
2) ORDERS All orders are subject to the availability of the goods and to written acceptance by MACOI. Any prior indications by MACOI by telephone, facsimile, E-mail or verbally shall be provisional only. MACOI shall not be liable for the unavailability of any goods whether for delivery or collection.
3) PRICES Every endeavour will be made to maintain prices quoted, but as such prices and taxes are subject to variation without notice. MACOI reserves the right to pass on to the customer any increases or decreases in the cost of providing goods that occur between the date of quotation and delivery. All goods will be invoiced and payment will become due at the prices and taxes prevailing at time of delivery.
4) MANUFACTURING SPECIFICATION The customer recognises that MACOI is only a distributor of the goods. Although MACOI will try to notify the customer of any variations in specification of which is aware the customer accepts that MACOI cannot be accountable for the consequences of any such variations made by the manufacturer or any shortage of supplies. Any non-standard/bespoke items will be ordered via the quote taking the customer's order number as confirmation and acceptance, these items cannot be cancelled once ordered.
5) FORCE MAJEURE MACOI Limited shall be entitled, by written notice to the customer, to cancel any contract if it is prevented from or hindered in performing the same by any cause beyond its reasonable control, including (but not limited to) industrial action, war, fire, or prohibition or enactment of any kind without incurring any liability for any loss or damage whatsoever resulting there from.
6) DELIVERY / INSTALLATION We will use our best endeavours to deliver promptly, but shall be under no liability for delay in estimated delivery times or failure from any cause, nor for any loss or damage arising therefrom. MACOI reserves the right to make part deliveries as well as part invoicing in this instance. Any request by the customer for MACOI to delay or split delivery may result in a stockholding charge and any additional costs incurred by MACOI being debited to the customer. The customer must check the goods before use or resale within 24 hours. All deliveries, unless by prior arrangement, are subject to a delivery charge, 5% of the order value under £1000 and 3% of order value over £1000. All parking restrictions/information must be advised prior to delivery, preferably on ordering. Any parking enforcements received as a result of information not being divulged prior to delivery will be charged back to the customer. It is the customers’ responsibility to check the goods on delivery, any damage must be reported within 24 hours of delivery and / or installation. Any goods delivered but not installed will be marked on the delivery note paperwork, installation is offered at point of delivery however, a return visit post delivery to reinstall will be chargeable. POA
MACOI are not in any way responsible for the connection, plugging in and checking of mains Electrical circuits or Data circuits if cable management has been supplied/installed.
MACOI Staff are not expected to work outside their allocated hours unless it is by prior arrangement.
6) INSURANCE Please note that at time of delivery of goods to customer the responsibility of goods being covered by the appropriate insurance transfers to the customer.
7) PAYMENT All products sold by MACOI will remain the property of MACOI until the date upon which the invoice has been paid in full. If the customer is an approved account holder invoices are payable within 30 days of date of invoice. With any project works MACOI reserve the right to request stage payments before works commence. If the customer fails to make payment as provided above MACOI shall have the right to charge interest on overdue accounts at the rate of 2% per month until payment is received.
8) TITLE to the goods shall in no case pass from MACOI until the full payment has been received. If a cheque is tendered by the customer it shall not be treated as payment until it has been cleared by MACOI bank.
9) AMENDMENT/CANCELLATIONS Must be made in writing and could be subject to charges depending on how far the processing procedure has progressed. The intention of such charges would be to cover any costs reasonably incurred by the Company as a result of the amendment or cancellation.
10) RETURNS PROCEDURE Goods are to be checked on installation and any damages notified by email within 24 hours of delivery. Damaged items will be returned and credited until a suitable replacement is available and will be invoiced, the goods can then be retained by the customer for use during this period if they so require. (We may ask for photographic evidence of damaged items to help with replacements.) If any items can only be returned they must be in their original packaging and not installed (built), with the exception of bespoke / nonstandard items, which are not returnable. All goods will carry a restocking charge which is POA, unless by prior arrangement. Goods cannot be returned if they have been manufactured specially for your order.
11) CLAIMS We cannot accept responsibility for damage occurring to goods in transit unless reported to us in writing within 24 hours from receipt of delivery. All shortages need to be reported within 24 hours and delivery notes must be signed with reference to any damage or shortage.
12) GOVERNING LAW These conditions and any contract following thereon shall be governed by and constructed in accordance with the laws of England and Wales.
13) INSOLVENCY If the customer ceases to pay his debts in the original course of business or cannot pay his debts as they become due or being a company is deemed unable to pay its debts or has a winding up petition issued against it, or being a pension becomes bankrupt, the Company without prejudice to other remedies shall:-
1. Have the right not to proceed further on contracts or any other work for the Customer.
2. Have retention of title on all Goods in the Customer’s possession not paid in full.