Terms and Conditions
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Note: Muck Truck UK Limited and or any of it’s affiliated groups or Companies is below referred to as “The Company”
1. GENERAL These terms and conditions apply to the sale of goods and supply of services by the Company and no variation to these terms and conditions (even though included in or referred to in the document placing the order) shall be binding on the Company unless specifically accepted and expressed by the Company in writing.
2. PRICE Prices quoted for equipment, services or parts by the Company are valid for 28 days only, after which period they may be subject to variation by the Company. The prices quoted are ex-works unless otherwise stated and will, where applicable, be subject to Value Added Tax.
3. PAYMENT Payment is due immediately. No credit apply to internet purchasing.
4. RISK AND PROPERTY Title to Goods will not pass to the Purchaser until such goods are paid for in full. If the Purchaser has not paid for the goods in full when the goods are sold to an end user, these goods will still remain the property of the Company. The Company reserves the right to enter the Purchasers or end user’s property to collect any goods not paid for in full.
Notwithstanding that Title has not passed, the risk of loss or damage shall be the customers as from the date of delivery of the goods. Pending Title passing to the Purchaser, the Purchaser shall insure the goods against damage or loss on behalf of the Company. Notwithstanding delivery and the passing of risk in the goods, or any other provision of these Conditions of Sale the full legal title in the goods shall not pass to the Purchaser until the Company has received payment in full for the goods and any other goods agreed to be sold by the Company to the Purchaser whether or not payment shall become due. Until such time as the full legal title in the goods passes to the Purchaser, the Purchaser shall hold the goods as the Company’s fiduciary agent and bailee, and shall keep the Goods separate from those of the Purchaser and third parties and previous orders obtained from the Company and properly stores, protected and insured and as to be identifiable as the Company’s property. The Purchaser shall under no circumstances modify, tamper with or deal in any way with the Goods until full legal title in those Goods has passed to the Purchaser.
Subject to this, the Purchaser shall be entitles to resell or use the Goods in the ordinary course of its business.
Where there are tangible proceeds from the sale of the Goods they shall not be mixed with the property of the Purchaser and any third party or previous orders obtained from the Company and shall be properly stored, protected and insured and shall be held to the order of the Company.
5. DELIVERY Whilst every effort will be made by the Company to effect prompt delivery it will not be liable for any loss or damage occasioned by delay in delivery howsoever caused and any delivery dates quoted are subject to this condition.
6. CONSEQUENTIAL LOSS OR DAMAGE Save as expressly provided herein the Company shall not be liable for any loss or damage, direct or consequential, of whatsoever nature or to whomsoever or whatsoever caused arising out of or through the usage of any goods or as a result of the services supplied by it. The Purchaser shall indemnify the Company against all claims made against the Company by any third party in respect thereof.
7. FORCE MAJEURE Should the Company be delayed in or unable to make delivery or execute its services owing to any cause whatsoever beyond the Company’s control, the Company shall be at liberty to cancel or suspend the contract without incurring any liability for any loss or damage resulting there from.
8. WARRANTIES AND LIABILITY The Company warrants that the Goods manufactured by the Company will be free from defect of design, materials used and workmanship for a period of 12 months after the Goods have been delivered (“the Warranty Period”).
Any goods supplied which have been manufactured by the Company and found to be defective in workmanship or materials within the warranty period from the date of despatch will be rectified or replaced free of charge provided that no alteration has been made to such goods after leaving the Company’s premises and, provided that such defect is not due in whole or part to lack of care, unsuitable lubricant, natural wear and tear or through incorrect usage in the judgement of the Company at the Company’s sole discretion.
The Company shall not be liable and gives no guarantee in respect of components or parts thereof that are not manufactured by the Company but the customer shall in such cause be entitled to the benefit of such guarantee as may be given by the manufacturer of said components.
9. INSOLVENCY OF PURCHASER If the Purchaser becomes subject to an administration order or becomes bankrupt or goes into liquidation or a receiver is appointed or if the Company has reasonable grounds to believe that any of the aforementioned events may occur then, without prejudice to any other right or remedy available to the Company, the Company shall be entitled to cancel the contract or suspend any further deliveries under the contract without any liability to the Purchaser. If the Goods have been delivered or collected but not paid for the price shall become immediately payable notwithstanding any previous agreement or arrangement to the contrary.
Alternatively, the Company may at its election require the immediate return of the goods not paid for and in the event of the Purchaser’s failing to return the Goods to the Company’s works, the Company or its authorised representatives may enter upon the premises of the Purchaser or any third party whom the Goods are situated to collect the Goods, the Purchaser hereby agreeing to grant every assistance to the Company or its authorised representatives in the collection of the Goods.
10. LEGAL INTERPRETATION Unless otherwise agreed in writing the conditions of sale and the contract to which they relate shall in all respects be governed by and subject to English Law.
11. INTELLECTUAL PROPERTY The intellectual property rights include all patents, (whether applied for or otherwise), copyrights, drawings, trade marks, enhancements, natural progressions, attachments, manufacturing jigs, assembly processes and distribution world wide.
All patents, trademark and industrial and intellectual property rights (together the IP Rights) held by the Company shall remain the Company’s property.
12. REFUNDS All goods need to be returned to the Company at the purchaser’s expense. Full refunds will only be made on goods that are returned in a new and unused condition.
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All products and designs have been registered worldwide. All trademarks have been registered worldwide.
The opinions expressed on this page are true and correct.
Copyright 2009. All Rights Reserved.
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