TERMS AND CONDITIONS OF SALE
Contract
• Estimates are accepted only upon and subject to the conditions of sale as herein follows. Unless expressly accepted in writing any qualification of these conditions in a client’s booking or anything contrary to or inconsistent with any of these conditions must be deemed to be and will be treated as inapplicable and of no effect.
• Any variation of these conditions shall only be binding if agreed by the owner of the company in writing.
• These conditions shall apply to any goods and services supplied by mrBen maintenance.
• It is assumed that suitable electric power will be made available at a convenient point free of charge.
Estimates and Prices
• The estimate may be withdrawn at any time before the receipt of the customer’s acceptance and shall be deemed to be withdrawn if acceptance is not received within one month from the date of quotation.
• Unless otherwise stated bookings are accepted only on condition that the goods and service will be invoiced at the price ruling at the date of works. mrBen maintenance reserves the right to alter prices without notice to cover variations in the cost of raw materials, labour etc. or through the clients change of design or for any other reason.
• Variations and extras to the original estimate as specified must be made to mrBen maintenance in writing.
• It is assumed that only one visit to site will be required for taking site measurements. If abortive journeys have to be made these journeys will be charged extra.
• Unless specifically stated in the estimate, prices do not include complying with any local authority requirements or obtaining any local authority consents or the paying of any fees and serving notices in respect thereof.
Date of Works
• Any date of works is given in good faith but intended as an estimate only and is not to be the essence of the contract. The client shall nerveless be bound to accept any materials ordered whether available on or after the date stated. mrBen maintenance shall not be liable in any way in respect of late dispatch or delivery of materials however caused or shall such failure be deemed to be a breach of contract.
• Every endeavour will be made to complete the works on the specified date but mrBen maintenance cannot be held liable for indemnity for delays due to weather conditions, strikes, force majeure or any other circumstances beyond the seller’s control.
Defective Goods/service
• No allowance has been made for cutting away and making good material supplied or fixed by other trades.
• No liability is accepted for damaged materials after being fixed in position or damaged whilst handling existing materials which are the property of the client. No liability is accepted for any damages arising from accidental fire.
• mrBen maintenance undertake at their option to make good at their expense any defective work done or damaged, defective or broken goods supplied by them (which include goods supplied by them which are broken or damaged by their sub-contractors in the course of their employment).
• Damaged, broken or defective goods are reported to us in writing within three days of their receipt by the client.
• Defective work is reported to them immediately upon its discovery and in any case not later then 7 days from when the work was completed.
• The client has fully complied with these terms and conditions including due payment of mrBen maintenance charges for goods supplied and work done.
• Where practicable the client returns damaged, broken or defective goods to mrBen maintenance, carriage paid.
• Failing due compliance with the foregoing provisions all claims for defective work or damage broken or defective goods shall be absolutely barred and discharged and except expressly mentioned above all work is done and goods supplied on the Terms Act (save for the wilful default on management) mrBen maintenance undertake no responsibility or liability for any loss, damage, personal injury or delay whatsoever and the client undertakes to identify mrBen maintenance against any indemnity incurred to their parties arising out of work done for or goods supplied to the client by mrBen maintenance. Subject to provisions of prevailing statutory restrictions, no conditions, warranties or terms relating to the fitness of the goods for any purpose or description, merchantability, or correspondence with sample are to be implied.
Title and Risk
• Goods shall be at risk of the client from the time of delivery/collection of them and the client should insure accordingly.
• Property in the goods shall not pass to the client on delivery. Full legal and equitable title shall remain vested in mrBen maintenance until all sums outstanding from the client shall have been paid. mrBen maintenance shall be entitled forthwith to enter upon the clients property and repossess and goods title which remains vested in mrBen maintenance. In the event of the client reselling the goods title to which has not passed, mrBen maintenance interest still attach to the proceeds of such resale whether received or receivable.
• In the absence of any previous arrangements to the contrary material salvaged is deemed to be the mrBen maintenance’s property. An allowance will be made at mrBen maintenance’s discretion.
• A cancellation of a booking will be accepted with a minimum of 14 days’ notice. If materials have been purchased up to this point, a refund will be made minus costs.
• If a cancellation of a bookings is made once works have commenced, part of work must be paid for in full and where substantial part of the works has been started or completed, cancellation may be refused. Cancellation of orders must be made in writing.
