TERMS & CONDITIONS

The following contains the terms and conditions of sale from Malthouse Products Ltd here after referred to as The Company.

  1. A quotation is for information only and is binding on the Company only if and to the extent that it is incorporated in an order which the company has accepted in writing.  All prices are quoted EXCLUSIVE of V.A.T.
  2. By ordering any goods from the Company the Buyer will be deemed to agree that these conditions shall, and that any other conditions contained on or in any letter, order form, receipt or the like received by the Company in connection with the goods so ordered shall not form part of any contract made in respect of the said goods.
  3. Notwithstanding anything which may be quoted or agreed the Company reserves the right to charge the price ruling at the date of despatch.
  4. All express or implied warranties or conditions statutory or otherwise as to the quality of the goods or their fitness for any purpose are hereby excluded.
  5. The Company and the Buyer expressly agree that until the Company has been paid in full for the goods comprised in this or any other order between them:-

    5.1. The goods comprised remain the property of the company (although the risk therein passes to the Buyer at the point when delivery begins).

    5.2. The Company may recover those goods at any time from the Buyer, if in his possession, if the amount outstanding from the Buyer to the Company in respect of the goods supplied shall remain unpaid after the due date for payment has passed; and for that purpose the company, its servants and agents may enter any land or building which the goods are situated.

    5.3. The Buyer has the right to dispose of the goods in the course of his business for the account of the Company (but any warranties, conditions or representations given or made by the Buyer or any third party shall not be binding on the Company who shall be indemnified by the Buyer with respect thereto) and to pass good title to the goods to his customer being a bona fide purchase for value without notice of the Company’s rights.

    5.4. In the event of such disposal the Buyer has the duty to the Company for the proceeds but may retain there from an excess of such proceeds over the amount outstanding under this or any other sale or contract between them, and the Company has the additional right to recover the Buyer’s price directly from the Buyer’s customer to the extent unpaid; if the Company avails itself of such right the Company will account to the buyer for any such excess as aforesaid less any expenses incurred by the Company in respect of such recovery.

    5.5. If the Buyer incorporates such goods into other products (with the addition of his goods or those of others)  or uses such goods as materials for other products (with or without such addition) the property in those other products is upon such incorporation or use ipso facto transferred tot eh Company and the Buyer as bailee of them for the Company will store the same for the Company in a proper manner and without charge to the Company; in the event of such incorporation or use as is envisaged by this sub-Clause 5.2 to 5.4 above shall apply, mutatis mutandis, to those other products in place of the goods.
  6. Terms are net, and subject to any express term to the contrary in a formal contract of supply between the Company and the Buyer, goods invoiced up to and including the last day of the calendar month shall be paid 30 day’s from invoice date.  The Company reserves the right to charge interest at commercial rates on any overdue account.

    6.1. In the event that legal proceedings have to be instigated by the Company to recover a debt or monies owed then the full cost of those proceedings will be recoverable from the defaulter and invoiced accordingly, should in this event a solicitor be instructed to act for and on behalf of the Company, then his fee will also be fully recoverable from the defaulter in addition to any other debt.
  7. If any monies due to the Company be overdue within the meaning of Clause 6 here of if the Buyer should enter into any composition or arrangement with or for the benefit of his creditors, or have a receiving order in bankruptcy made against him or being a body corporate should enter liquidation the Company shall be entitled (without prejudice to any other right it may have against the Buyer) to suspend performance of any contract then obtaining between the Company and the Buyer and/or upon the giving of notice in writing to treat any such contract as at end.
  8. Any complaint of short delivery; quality or of damage to goods in transit must be notified to the Company in writing otherwise than upon consignment a consignment note or delivery document within 24 hours of receipt of goods and any complaint of failure to deliver goods must so be notified within 7 days of the date of invoice.
  9. If the goods manufactured to the Buyer’s order be ready for delivery and the Buyer fails to take delivery at the time required by the contract the Company shall be entitled:-

    9.1.1. To Invoice such goods forthwith and to take the invoice into account;and

    9.1.2. To charge at rates giving an economic return for the handling and storage of such goods, and for their insurance, from the date of invoice to the date when the Buyer takes delivery or the Company disposes of the same.

    9.2 If the Buyer fails to take delivery within 30 days of invoice the Company shall be entitled to treat the contract as at end, and without prejudice to any other right it may have against the Buyer, shall be entitled to resell the goods.
  10. If the contract provides for the delivery by instalments, delay or non- delivery of any instalment shall not entitle the Buyer to treat the contract as at end or to reject any other instalment.
  11. The company shall not be liable for failing to perform the contract whether wholly or in part, if the failure is caused either wholly or partly by any circumstance or circumstances outside the Company’s control.
  12. No forbearance or indulgence by the Company shown or granted to the Buyer whether in respect of these general conditions or otherwise shall in any way affect or prejudice the rights of the Company against the Buyer or be regarded as a waiver of any of these general conditions.
  13. In no circumstance whatsoever shall the Company be liable for indirect or consequential loss or damage.
  14. Insofar as the Company is under a duty pursuant of S.6 of the Health and Safety at Work Act 1974 in respect of the design manufacture and supply of any article for use at work the Buyer shall be deemed to have been afforded the Company reasonable opportunity for the testing and examination of goods or materials prior to delivery to the Buyer in respect of their safety and any risk to health and the Buyer shall be deemed to have been afforded by the Company adequate information about goods and materials in respect of the use for which they are designed and have been tested of any conditions necessary to ensure that when put to use they will be safe and without risk to health whether or not the said information has been requested by the Buyer.
  15. The Company will make every effort to keep the delivery and shipment dates but such dates are not treated as terms of the contract and the Company will not be responsible for any loss or damage which may result from late delivery.
  16. Except where inconsistent with these conditions or with the express terms of any contract between the Company and the Buyer, the British Paper and Board of Trade Customs (obtainable from the National Association of Paper Merchants) for the time being in force shall apply  to all contracts between the Company and the Buyer and in particular the Buyer acknowledges that all representations whether oral or in writing made by the Company or its representatives relating to the name quality weight or measurement of the goods shall be construed in accordance with the terms of such Trade Customs.
  17. The interpretation and performance of these conditions will be governed by the Law of England.