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McVeigh Parker & Co Ltd Standard Terms And Conditions

GENERAL

1. ‘Company’ means McVeigh Parker & Co Ltd

2. ‘Customer’ means any person firm or company who contracts to purchase the goods whether in full or in part

3. ‘Goods’ means any articles or services which are the subject of any agreement between the Company and the Customer.

4. ‘Conditions’ means the terms set out in this document and any special terms agreed in writing by the Company and any notices on any packaging of any goods or at the Company’s premises.

5. Quotations shall only be available for acceptance for a maxim period of 10 days from the date thereof and may be withdrawn by McVeigh Parker & Co within such period at any time by written or oral notice. A quotation given by McVeigh Parker & Co is not an offer and an order given in respect of a quotation is not binding on McVeigh Parker & Co until accepted by it.

CONDITIONS APPLICABLE

6. These Conditions shall apply to all contracts for the sale of Goods by the company to the Customer to the exclusion of all other terms and conditions including any terms which the Customer may purport to apply under any purchase order confirmation of order or similar document

7. All orders for Goods shall be deemed to be an offer by the Customer to purchase Goods pursuant to these Conditions

8. Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Customer’s acceptance of these Conditions.

9. Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Company

PRICE

10. The price shall be the Company’s price set out overleaf and shall be exclusive of VAT which shall be due at the rate ruling of the date of the Company’s invoice

11. Payment of the Price and VAT shall be due within 30 days of the date of the invoice and time for payment shall be of the essence for account customers, but for all other customers payment is to be made before delivery or receipt of the goods ordered.

12. The Company reserves the right to impose a handling charge of 15% on the price of returned goods.

13. Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until payment at a rate of 2% above the Base Rate of National Westminster Bank plc from time to time in force and shall accrue at such a rate after as well as before any judgement.

14. The information provided is not an invitation to specify or act a contractual offer to buy goods or services displayed. Fulfilment of an order is subject to acceptance by McVeigh Parker.

GOODS

15. Description of the Goods in any McVeigh Parker catalogue price list or any other material shall not form part of the contract.

16. Any description or sample of the Goods is by way of identification only and does not constitute a sale by description or sample.

17. The quantity and description of the Goods shall be set out below.

18. All timber products supplied. The Company accepts no responsibility for any movement in timber beyond the bounds of normal pressure treated fencing timber. All timber supplied is sold as fencing timber and as such will be satisfactory for that purpose, unless otherwise stated. The company accepts no responsibility for movement in the timber due to varying weather conditions.

19. All timber products bought by the customer are under the acceptance that timber is a natural product, therefore susceptible to movement.

20. Error and omissions expected. To the best of our knowledge all information and prices provided are correct but McVeigh Parker will not be held responsible for any errors or subsequent cost incurred.

21. Delivery of the Goods shall be made on the delivery date set out overleaf

22. The date stated is given in good faith by way of estimate only and is not of the essence of the contract.

23. The Customer may be bound to accept Goods when they become available.

24. The Company shall not be liable for any loss or damage for delay in delivery or in transit or for any consequential loss caused thereby.

25. Failure to deliver on any date stated shall not be a breach of contract.

26. The Customer shall be bound to make arrangements for the delivery of the Goods whenever they are tendered for delivery.

27. The Customer shall ensure that delivery is to an area accessible by the Company or its carriers and which is safe and suitable for that purpose.

WARRANTIES AND LIABILITY

28. Except where the Customer is dealing as a consumer (as defined by the Unfair Contract Terms Act 1977 Section 12) all warranties conditions or terms (whether implied or made expressly) whether by the Company or its servants or agents or otherwise relating to satisfactory quality fitness for purpose or condition of the Goods and whether implied by statute or common law are excluded.

29. The Company shall not be liable for the death or personal injury to any person save where such death or injury results from the negligence of the Company.

30. The Company may make changes in the specification of the Goods to allow for certain tolerances shall not exceed 10% +/- and do not affect the quality and fitness for purpose of the Goods.

TITLE AND RISK

31. Risk shall pass on delivery of the Goods

32. Title shall not pass until (I) the Customer shall have paid the price in full and (2) no other sums shall be due from the Customer to the Company

33. Until title passes under clause (27) above the Customer holds the Goods as bailee for the Company and shall store them separately from other property of the Customer and marked as the Company’s good

34. Notwithstanding that the Goods (or any of them) remain the property of the Company the Customer may sell or use the Goods in the ordinary course of the Customer’s business at full market value for the account of the Company. Any such sale or dealing shall be a sale or use of the Company’s property by the Customer on the Customer’s own behalf and the Customer shall deal as principal when making such sales or dealings. Until property in the Goods passes from the Company and the entire proceeds of sale or otherwise of the Goods shall be held in trust for the Company and shall not be mixed with other money or paid into any overdrawn bank account and shall be at all material times identified as the Company’s money.

35. The Company shall be entitled to recover the Price and VAT notwithstanding that property in any of the Goods has not passed from the Company.

36. Until such time as property in the Goods passes from the Company the Customer shall upon request deliver up such of the Goods as have not ceased to be in existence or resold to the Company. If the Customer fails to do so the Company may enter upon any premises owned occupied or controlled by the Customer where the Goods are situated and repossess the Goods. On the making of such request the rights of the Customer under the clause (29) shall cease.

37. The Customer shall not pledge or in any way charge by way of security for any indebtedness any of the Goods which are the property of the Company, if the Customer does so all sums whatever owing by the Customer to the Company shall forthwith become due and payable.

38. The Customer shall insure and keep insured the Goods to the Full Price against ‘all risks’ to the reasonable satisfaction of the Company until that date that property in the Goods passes from the Company, and shall whenever requested by the Company produce a copy of the policy of insurance. Without prejudice to the other rights of the Company, if the Customer fails to do so all sums whatever owing by the Customer shall forthwith become due and payable.

ACCEPTANCE OF THE GOODS

39. The Customer shall be under a duty to inspect the Goods on delivery or on collection by the Customer as the case may be. Acceptance of the Goods shall be deemed to have occurred within one working day after delivery or collection.

40. After acceptance the Customer shall not entitled to reject the Goods which are not in accordance with the agreement.

41. All notifications of defects or shortages must be made in writing to the Company within three working days of delivery or collection and the Company shall be under no liability until inspection is afforded to the Company and before use or modification of the Goods is made by the Customer.  Contact accounts@mcveighparker.co.uk.

42. Subject to the provisions of this clause the Company will make goods any defects or shortages as soon as it is reasonably able to do so but shall not be liable for any loss or damage arising from such defect or shortage.

43. Bespoke products shall only be accepted on the signature of the customer and 25% deposit. The Customer’s deposit and signature act as a contract for the Goods and cannot be cancelled or altered. Payment in full will be required on completion of order.

INSTALLATION OF THE GOODS

44. The Company shall not be liable for any loss or damage (however caused) by virtue of the installation of the Goods by the Company, its agents or any other person on the instruction of the Customers.

45. Installation of the Goods shall at all times be at the Customer’s risk and the Company shall not be liable for any errors or omissions in any specifications or drawings supplied by the Customer.

CARRIERS

46. The Company shall not be liable for any damage caused to any carrier engaged in loading, unloading or transporting the Goods and any carrier engaged by the Customer shall be acting as the Customer’s agent.

47. The Customer shall indemnify the Company against all claims and demands made against the Company by any carrier of the Customer or by any other person for all liability arising out the loading, unloading or transportation of the Goods.

48. This clause shall apply mutatis mutandis where the Company is authorised by the Customer to engage a carrier to transport the Goods.

FORCE MAJEURE

49. The Company shall not be liable for any default due to any act of God, war, strike, lockout, industrial action, fire, flood, disease outbreak, drought, tempest or any other event beyond the reasonable control of the Company.

SERVICE DOCUMENTS

50. Any notice required to be served pursuant to this agreement shall be in writing and served by first class post or by hand on the Company at Southend Road, Bradfield Reading, Berks. RG7 6HA or such other address as the Company may from time to time notify to the Customer and on the Customer at the Customer’s registered office or principal place of business.

51. This contract is subject to the law of England and Wales

52. If any dispute or difference shall arise between the Company and the Customer as to the meaning of this contract or any matter or thing arising out of or connected with this contract then it shall be referred to the determination of an arbitrator to be appointed by agreement of the parties or in default of agreement within 21 days of the service upon one party of the written request to concur in such appointment by the President for the time being of the Chartered Institute of Arbitrators.

DEFECTS NOT APPARENT ON INSPECTION

53. The complaint is sent within 6 months of the date of delivery of the Goods or in the case of Items not manufactured by McVeigh Parker & Co is given an opportunity to inspect the Goods.

INSOLVENCY

54. If the Customer shall commit an act of bankruptcy or become insolvent or compound or make an appointment with its creditors or pass a resolution for the liquidation of the customer (other than for a voluntary winding up for the purpose of reconstruction or amalgamation) or go into liquidation or if a Receiver or Administrative Receiver or Manager is appointed of all or any part of its assets or undertaking or the Customer commits any breach of these conditions or if in the opinion of McVeigh Parker & Co the financial standing of the Customer becomes unsatisfactory McVeigh Parker & Co shall be entitled to cancel the contract in whole or in part forthwith by notice in 53 Writing without prejudice to any right or remedy accrued or accruing to McVeigh Parker & Co Ltd.

DIMENSIONS

55. McVeigh Parker & Co reserve the right where imperial size is quoted to provide products in the nearest stocked metric size and vice versa. If you wish to contact us regarding anything to do with the terms and conditions or anything else with the website please go to the site concerns page

IN VIEWING THIS SITE THE USER AGREES TO THE FOLLOWING:

While every care is taken to ensure that the information on the McVeigh Parker site is correct and up to date, McVeigh Parker does not guarantee that the information on this site is accurate. It should be noted that information may at times be out of date. McVeigh Parker exclude any liability, including that for negligence, for the content of this web site or any downloads from it.

Though providing a variety of information on this site, it is not intended that this should in any way be interpreted as an invitation to specify from McVeigh Parker or act as a contractual offer to buy goods or services displayed on this site. Fulfilment of an order is subject to acceptance by McVeigh Parker on your order.

While every care is taken to ensure that any information provided is accurate McVeigh Parker will take no responsibility for any errors or out of date information provided. McVeigh Parker will not be held responsible for any losses or costs that may arise from any contract with the company.

McVeigh Parker will not be held responsible for any problems that arise from the use of this site and its links or from downloaded information that is available. Use of this site is at your own risk. McVeigh Parker accepts no responsibility for the content and accuracy of the sites it links to, nor does it accept any liability in connection with any such sites of links.

McVeigh Parker cannot ensure the exclusion of viruses from the web site and no liability is accepted for viruses. You are therefore recommended to take all appropriate safeguards before downloading information from this site.

Any ideas or comments sent to McVeigh Parker via the web site shall become the property of McVeigh Parker and as such can be used in any future developments. McVeigh Parker holds the copyright over the entire content and links of this site.

If you are entering any personal information you are advised to refer to McVeighParker privacy .

Your use of this web site and downloads from it, and the operation of these terms and conditions shall be governed in accordance with the laws of England and Wales. The English courts shall have exclusive jurisdiction over any dispute arising out of your use of this web site.

Once your details have been submitted it is assumed you agree with the terms of this statement.

If you have any questions about our terms and conditions please contact us.