M-four Promotions Ltd Terms and Conditions
1. THESE CONDITIONS OF SALE unless otherwise agreed in writing by M-Four Promotions Limited shall override any terms and conditions stipulated, incorporated or referred to by the buyers purchase order.
2.1 We accept no liability in respect of any defect in the goods arising from fair wear and tear, willful damage, negligence, abnormal working conditions, failure to follow instructions (whether oral or in writing) misuse or alteration or repair to goods.
2.2 We accept no liability in respect of variations in quantity of the goods (for which a margin of plus or minus 10% applies) or in respect of gauge of material or in respect of the size of the goods for which manufacturing trade tolerances will apply.
2.3 We accept no liability in respect of variations in colour of the goods. We shall endeavor to match a colour as close as possible but we cannot guarantee an exact match.
3. Where the goods are sold under a consumer transaction the statutory rights of the buyer are not affected by these conditions.
4. Any claim by the buyer which is based on any defect in the quality or condition of the goods or their failure to correspond in specification should be notified to M-four Promotions within 7 days of the date of delivery or within a reasonable time after discovery of the defect. Should the delivery be accepted and the buyer not notify M-four Promotions of any issues, the buyer shall not be entitled to reject the goods. M-four Promotions accept no liability for any defect or failure and the buyer will be bound to pay the price as if the goods had been delivered in accordance with the contract. In no event shall the buyer be entitled to reject the goods on the basis of any defect or failure, which is so slight that it would be unreasonable for the buyer to reject them.
5. Any claim by the buyer for non-delivery of the goods shall be notified to M-four Promotions within 5 days of the invoice date. Should the buyer fail to notify M-Four Promotions accordingly, the buyer shall not be entitled to make claim in respect of non-delivery of the goods and the buyer shall be bound to pay the price as if the goods had been delivered in accordance with the contract.
6. Where any claim in respect of any goods which is based on any defect in quality or condition of the goods or their failure to meet specification is notified to M-four Promotions in accordance with these conditions, M-four Promotions shall be entitled to replace the goods free of charge or at M-four Promotions sole discretion, refund to the buyer the price of the goods (or a proportion as part of the price) but M-four Promotions shall have no further liability to the buyer.
7. Except in respect of death or personal injury caused by M-four Promotions negligence, M-four Promotions will not be liable to the buyer by reason of any representation (unless fraudulent) or implied warranty, condition or other term or any duty at common law or under the expressed terms of the contract for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise) costs, expenses, or other claims for compensation whatsoever (whether caused by the negligence of M-four Promotions, its employees or agents or otherwise) which arise out of or in connection with supply of the goods or their use or resale by the buyer and the entire liability of M-four Promotions under or in connection with the contract shall not exceed the price of the goods.
8. Every effort is made in all instances to meet expected delivery dates. Failure to deliver within the time stated which is beyond the control of M-four Promotions shall not entitle the buyer to any claim upon M-four Promotions by reason of such failure.
9. FORCE MAJEURE. Every effort is made to carry out the contract. Cancellation may be necessary by M-four Promotions or to such variations as he may find necessary as a result of inability to secure labour, materials or supplies or as a result of any act of God, War, Strike, Lockout, or other labour disputes, fire, flood, drought, legislation or other cause beyond M-four Promotions control.
10. COST VARIATION. Quotations are based on the current costs of raw materials and are subject to amendment by M-four Promotions on or at any time after acceptance to meet any rise or fall in such costs. We shall be entitled to charge for over’s or deduct for shortages.
11. We shall be entitled to charge the amount of any VAT payable whether or not included on the quotation or invoice.
12. BUYERS PROPERTY AND PROPERTY SUPPLIED. Buyer’s property and all property supplied to M-four Promotions on behalf of the buyer will be held at the buyer’s risk. When the buyer supplies materials adequate provisions should be made to allow for any spoils.
13. CANCELLATION OF ORDERS. When an order has been placed and confirmed in writing, costs are incurred, in the unlikely case that the order is subsequently cancelled charges may apply for admin and restocking.
14. PAYMENT TERMS. Payment is required in advance on all first orders. M-four Promotions accepts Credit Card payments with a processing fee M-four Promotions also accept BACS and Debit Card payments. M-four Promotions trade accounts are set up on 30 days from date of invoice payment terms
15. LATE PAYMENT. We reserve the right to charge an admin fee of £50.00 for all late payment of invoices to cover the additional costs incurred in chasing late payments.