1.1 “Seller” means Mansion House Publications Limited (MHPL) Leeward, 24 Montserrat Road, Lee on the Solent, Hampshire PO13 9LT
1.2 “Buyer” means the individual, firm, partnership or company ordering Goods or
Services from the Seller.
1.3 “Goods” or “Services” means those Goods or Services that are the subject matter of the relevant order.
1.4 Delivery Date(s) means the date(s) upon which the Goods are ready for despatch to the point of delivery specified by the Buyer.
1.5 “the Terms” means the Standard Terms and Conditions contained herein.
1.6 The Buyer places and the Seller accept the order for the Goods or Services (“the Order”) subject to the Terms.
1.7 The Terms supersede any previous terms or conditions issued and together with the price, quantity and delivery details stated in the Seller’s invoice and/or order acknowledgement form the entire agreement between the parties.
1.8 In the case of any inconsistency between the Terms and any other terms (whatever their respective dates) in respect of the Goods or Services the Terms shall prevail.
1.9 The Terms may not be varied without the prior written consent of an authorised representative of the Seller.
1.10 The contract is not assignable by the Buyer without the consent in writing of the Seller.
2.1 Any quotation or estimate given by the Seller does not constitute an offer by the Seller and may be altered or withdrawn at any time without liability.
3.1 The price of the Goods will be those ruling at the Delivery Date and for Services will be those ruling at the date of completion of the Services.
3.2 The Seller is entitled to fix minimum order values and/or to charge a monthly credit account administration fee.
3.3 The Seller is entitled to request a deposit from the Buyer upon the placing of the Order. The amount of such deposit is within the entire discretion of the Seller but shall not be more than 50% of the quotation or estimate given.
3.4 The Seller is entitled prior to delivery of Goods or completion of Services to adjust the price to cover:
3.4.1 increases in materials, delivery charges, labour, taxes or services;
3.4.2 additional costs (including loss of profit) incurred as a result of the cancellation, alteration, non acceptance or rescheduling of orders due to the Buyer’s instructions or lack of instructions; and
3.4.3 increases in the cost to the Seller of importing materials or Goods into the UK including but not limited to currency fluctuations.
3.5 In the event that the Buyer fails to take delivery of any part of the Goods on the Delivery Date the Seller shall be entitled to increase the price of the Goods remaining undelivered to the Seller’s standard price or the price ruling on the actual date of delivery.
4.1 Payment for first orders is by Official signed company purchase order with payment by pro-forma invoice. Thereafter a 30-day credit account may be applied for.
4.2 Once an account has been approved, payment shall be made by the Buyer in full within 30 days from the date in which the invoice is rendered by the Seller. If the Buyer wrongly refuses to take delivery of the Goods, then the invoice is deemed to have been rendered on the date on which the Goods were attempted to be delivered by the Seller.
4.3 For the avoidance of doubt, time is of the essence of the payment of the price in the contract.
4.4 The Seller is entitled to charge interest upon unpaid accounts, to accrue at the rate of 4% above the current base lending rate of the Seller’s bank on the unpaid debt from the due date of payment until full payment is received.
4.5 The Seller is entitled to suspend deliveries or cancel outstanding orders on accounts that are overdue for payment.
4.6 A claim or counterclaim shall not entitle the Buyer to withhold payment.
5. Delivery of the Goods
5.1 All delivery dates are quoted in good faith but, subject to clause 4.2 above, time shall not be deemed to be of the essence of any contract.
5.2 The Seller shall not be liable for any loss or damage whatsoever (whether direct or consequential) arising from the late delivery of Goods or materials or the late completion of the Services.
5.3 If the Seller delivers one or more instalments late or delivers one or more instalments which do not correspond with the terms of any contract the Buyer may not treat this as a reason for termination the contract as a whole. The Buyer’s remedy is limited to a claim for damages.
5.4 The Seller shall be entitled to make partial deliveries or deliveries by instalments and to tender a separate invoice in respect of each instalment. Each partial delivery or instalment shall be deemed to constitute a separate contract to which the Terms shall apply.
5.5 The Seller is entitled to charge for deliveries if the value of the order placed is below £50 or the minimum order value set and published by the Seller from time to time.
5.6 All risks in the Goods shall pass to the Buyer upon delivery.
5.7 All Goods which the Seller is to deliver will be delivered to the Buyer’s address.
5.8 Delivery of the Goods takes place when the Goods leave the premises of the Seller.
6.1 The Goods shall be at the risk of the Buyer from the Delivery Date and the Buyer shall insure them against loss or damage accordingly.
7. Transfer of Property
7.1 Ownership in any Goods shall remain with the Seller until such time as the Buyer has paid in full all that owes to the Seller. This to include the full cost outstanding of any other goods, contract, delivery or instalment. Until that time the Buyer shall keep the Goods as bailee for the Seller in a fiduciary capacity.
7.2 The Buyer’s right (if any) to keep Goods still owned by the Seller shall cease if it commits any available act of bankruptcy or does anything or fails to do anything which would entitle a receiver to take possession or which would entitle any person to present a petition for winding-up.
7.3 The Buyer agrees that the Seller may for the purpose of recovery of its Goods enter the Buyer’s premises and repossess them.
8 Notification of Defects
8.1 The Buyer will carefully examine the Goods immediately on delivery of them and shall notify the Seller in writing of any defects reasonably discoverable on careful examination. The Seller must receive this notification within 14 days commencing with the Delivery Date.
8.2 After the expiration of 14 days the Seller shall not be liable in respect of any defect in the Goods.