CONDITIONS
These conditions are terms of any Contract of Sale made between M&J Roofing Supplies Ltd known as thereon in as the company (registered in England under number 3701703) and the person who accepts the quotation of the company of goods or whose order for the goods is accepted by the company thereon known as the customer and neither the company nor the customer shall be bound by any variation waiver of/or addition of these conditions except as agreed by both parties in writing and signed on their behalf.
The company reserve the right to make any changes in the specifications of our goods and services that are necessary to ensure conformity to any safety or statutory requirements; and to make without prior notice any modifications in our technical specifications/ literature we think are necessary or desirable. All sales are E&OE. The company reserves the right to accept or refuse orders without prejudice. All illustrations, drawings and general descriptions accompanying any tender or quotation from the company or contained in any advertisements, flyers and or any other literature including but not limited to the internet or otherwise provided to the customer are intended for general guidance only and shall not be binding to the customer and are only approximate indications of the type, size or colour of goods quoted for and sales of such goods, shall not be reference thereto. Any typographical, clerical or other error or omission in any sales literature, tender, quotation, price list, acceptance of offer, invoice or other document or information issued by the company shall be subject to correction without any liability on part of the company.
PRICE
The contract price shall be the price specified and in addition value added tax at the current rate at the delivery date. The company reserves the right at any time to amend the contract price as a result of any variation in the costs of materials. Quoted prices are based on cost prevailing at the time when they are given or agreed.
PAYMENT
All goods will remain property of the company until fully paid for.
Despite the company’s retention of title goods, we have the right to take legal proceedings to recover the price of the goods supplied should you not pay us by the due date.
All goods paid for/or allocated to any account and left with the company are at the customer’s own risk. The company may keep goods stored for two weeks. After this time a storage charge will be applied unless otherwise agreed with both parties.
Non Account Customers
Immediate payment is due on order/purchase of the goods from the customer.
Account Customers
The Customer shall pay the Company the total contract price on the 28th of the month following the date of the invoice or as per account terms provided when the account was open. If payment is not made by the Customer at that date specified then the Customer shall pay interest at the rate of 5% per month above the bank of England rate from the due date.
Should the account become overdue, the account will be stopped until payment is received.
If the account goes over the credit limit allotted, payment will be required immediately.
The Company reserve the right to close an account, should the account not be conducted in the correct manner such as continuous late payment.
While the customer owe money to the company, the company has the right to keep any property and the company may hold your property until the customer has paid in full.
The customer is to indemnify the company in full and hold the company harmless from all expenses and liabilities the company may incur directly or indirectly and including finance costs. Legal costs on a indemnify basis and the costs of instructing a debt collecting agency to recover a debt due to the company if any following any breach by the customer of any of your obligations under these terms.
ROOF ESTIMATES
Due to inaccuracies inherent in scaling off dimensions from architectural drawings, this roof estimate should be used only as a guide. The company will not be responsible for any claims, liability, damages or costs in relation to any errors in our estimate arising as a direct or indirect result of inaccurate information that the customer has provided, as this is a free estimate service.
The company use the technical recommendations as detailed in all manufactures literature, copies of all these are available on request. The company are not liable for any inaccurate information supplied and printed in anyway by any manufacturer.
RETURNS
All returns will be subject to a 25% re-stock charge unless previously agreed with both parties. Only goods returned in a saleable condition can be accepted for credit WITHIN A 30 DAY PERIOD. The company have the final say in what is saleable. Costs of collection and re delivery of replacement items will be met by the customer unless attributable to the negligence of the company. The company reserves the right to levy a restocking and handling charge. All returns must be sanctioned by the company prior to goods being brought back. All returns are to be made by the customer unless a prior handling charge has been agreed. All goods collected for returns are at the customer’s own risk and the company will not be liable of any breakages of goods. NON STOCK ITEMS ARE NON RETURNABLE. PROMOTIONAL ITEMS ARE NON RETURNABLE.
WARRANTIES AND LIABILITY
The company shall be under no liability in respect to any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, abnormal weather conditions, failure to follow manufactures instructions and fixing guides, misuse or alteration or repair of the goods without the manufactures consent. The company only offers manufacturers guarantees directly from any manufacturer and are not liable whatsoever in anyway for the manufacturers guarantees. The company is not liable for any charges such as scaffolding, workers pay, or any financial burdens including loss of profit that arise from any errors or failures of products that the company does not manufacture. The company do not accept liability or offer any guarantees or warranties of any natural products such as roofing slates, timber etc. Documentation provided including certificates of purpose comes directly from all manufacturers and are given to the company in good faith to represent the products provided. The company shall not be liable to the customer or to be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of the company’s obligations in relation to goods, if delay or failure following shall be regarded as causes beyond the company’s reasonable control otherwise know as force majeure; – Act of God, explosion, flood, tempest, fire or accident, war or threat of war, sabotage, insurrection, civil disturbance or requisition, acts, restrictions, regulations, bye laws, prohibitions or measures of any kind on the part of any government, parliamentary or local authority, import or export regulations or embargoes, strikes, lockouts or any other industrial actions or trade disputes (whether involving employees of the company or a third party, difficulties in obtaining goods, materials, labour, fuel, parts and machinery, power failure or breakdown in machinery not excluding trucks and transport. No guarantee can be given that the colour of any goods sold will match samples submitted, as samples are drawn from bulk and are representative of the colour as a whole. Tile and slate breakages are acceptable up to a level of 5%. If the customer believes and can prove the breakage amount totals to more than 5% a company representative shall pass on the information given directly to the manufacturer. After this process, it is down to the manufacturer to liaise with the customer and the company in regards to replacing goods. Replacement goods will only be supplied from the company stock once the manufacturer has formally issued goods to the company. The company is a U.K based company. Any goods supplied are deemed for the sole use in the U.K market. Any exporting of the company’s goods is at the sole risk of the customer. No guarantee or warranty will apply.
DELIVERIES
Unless expressly stating in writing by the company all prices quoted are ex works and carriage is not included. All deliveries, times are quoted and estimates only. The company reserves the right to vary deliveries and to make deliveries in instalments, as it may deem necessary having regard to availability of supplies and changes in manufacturers specification. The company decline to deliver if an employee believes it is unsafe, unlawful or unreasonably difficult to do so or the access to the premises is unsuitable for the company’s vehicles. Any manholes and covers or any other obstructions to the vehicles that the company are not aware of at the time of delivery are not the responsibility of the company. If the company are not made aware of said obstructions it is the customers responsibility and the company hold no liability to damages caused.
On delivery of the goods, they then become the responsibility of the customer. Any claims in respect to alleged shortages or damage must be notified to the company in writing immediately. Evident damage to external packing must be subject of an endorsement on the company’s delivery note at the time of delivery. The packing of goods is at sole discretion of the company who shall have the right to pack goods in such manner and with such materials as it thinks fit. Where the unloading of goods is for any reason delayed, the customer shall indemnify the company in respect of any loss or damage, which it may sustain in consequence thereof. All goods remain property of the company until delivered, even if the goods have been paid for.
FREE ADVICE
Any advice or recommendation given by the company or its employees or agents to the customer or its employees as to the storage application or use of the goods which is not confirmed in writing by the seller is followed or acted upon entirely at the customers own risk, and accordingly the company shall not be liable for any such advice or recommendation which is not so confirmed.
The company does not manufacture the goods and is accordingly unable to advise the customer on the fitness of the goods for any particular purpose, unless the company gives written advice or a written recommendation, the customer is entirely responsible for satisfying itself that the goods are fit for the intended use either by relying on their own expertise or by obtaining professional advice.
