General Terms & Conditions of Sales and Service – MacGregor Welding Systems - effective April 1, 2017.
Registered in England No. 0171 8988
All and any business undertaken by MacGregor Welding Systems, (hereafter referred to as Manufacturer) is transacted subject to the terms and conditions set out on in this document. In the event of these terms conflicting with those of the customers, Manufacturer's terms will take precedence unless one of the Manufacturer's directors waivers this right in writing.
Acceptance of orders
All orders must be confirmed in writing before an order confirmation can be issued. An order is not accepted by the Manufacturer, until a written confirmation of acceptance has been given. The date the written order is received will be treated as the start date of the time needed for manufacture, unless advised otherwise.
The Manufacturer reserves the right to modify orders after acceptance if necessary to comply with statutory legislation or any applicable health or safety requirements.
Cancellation of orders
If an order or part is terminated, the Manufacturer will cease work as soon as practical.
Costs incurred in processing the termination including a reasonable profit shall be invoiced to the Customer. In addition, the price of the non-terminated portion of the customer’s order may be increased to reflect additional costs and loss of profits. Cancellation of non-standard equipment will not be permissible.
Terms are strictly payment in advance, unless otherwise agreed in writing. Where a credit account has been established payment will be strictly 30 days from the date of invoice. Interest at current Lloyd's base rate plus 2% for each overdue complete month, or pro-rata per part month will be chargeable on all overdue accounts plus all recovery costs associated with securing payment.
The Manufacturer shall be entitled to invoice the customer after completion of order or performance of any consultancy or service. In the event of scheduled payments being applicable, these will be invoiced in accordance with the written quotation.
Validity of quotations
A quotation is not valid unless confirmed in writing and signed by a director of the Manufacturer.
All quotations are valid for a maximum of thirty days from date of despatch unless stipulated within the written quotation otherwise. Please note that delivery dates advised in quotations are subject to revision if an order is received after the thirty-day period.
All prices quoted unless otherwise confirmed in writing are on an ex-works basis.
The customer will be responsible for transportation costs, insurance and any applicable customs duties or taxes.
The title of equipment does not pass to Customer until the Manufacturer has received payment in full until such time the company shall hold the goods separate from those of third parties, protect, insure and in the event of sale keep proceeds separate from those of other transactions in order to pay Manufacturer in accordance with its agreed terms. The Customer is not entitled to pledge or in any way charge by way of security for any indebtedness the Manufacturer's goods or services until paid for in full. Equipment and reports produced for the Customers remains the property of Manufacturer until paid for in full.
In the event of Customer ceasing trading, liquidation, voluntary insolvency or administration order, all outstanding invoices become immediately payable and Manufacturer shall be entitled to immediate repossession of any goods or items supplied and not paid for. Additionally, Manufacturer shall be entitled to cease or suspend supply of further goods and or services without incurring any liability to the customer until the matter has been resolved to Manufacturer's satisfaction.
Unless otherwise stipulated in writing, new equipment will be supplied with a twelve months warranty from date of despatch. Manufacturer warrants that the equipment will be free from material defects or poor workmanship. Reconditioned products will be supplied with a 90 day warranty from date of delivery. Manufacturers liability shall be strictly limited to the repair of defective equipment at its own premises or the issuing of free issue parts on the return of the defective items. With the exception of Dead on Arrival equipment which must be notified to Manufacturer within seven days of delivery to Customer, Customer will be responsible for meeting all warranty carriage costs. Repairs will be given a 90 day warranty limited to the actual part repaired.
The Manufacturer shall have no liability for any claim in respect of any defect in goods supplied, which on examination have been caused after shipment or during transit. No liability will be accepted for any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the manufacturer's instructions or misuse or alteration or repair of the goods without the Manufacturer’s approval.
Consequential loss or damage
Manufacturer shall not be liable for lost profits or revenue, any loss of equipment, software or data, or the recreation of that data arising from work undertaken or equipment supplied. Manufacturer's liability shall be limited to warranty equipment repairs and the performance of consultancy with reasonable skill and care.
No liability by the Manufacturer will be accepted for late delivery of goods, however caused.
The Customer undertakes to indemnify Manufacturer at all times in respect of accidents or injuries occurring at their premises. Customers must hold a valid occupiers' liability insurance policy which covers any of the Manufacturer's employee/s or contractor/s who we may need to temporarily work at the said premises.
Manufacturer reserves the right to withdraw staff without prior notification in the event of a breach of this clause.
The Customer will indemnify Manufacturer and protect it from any proceedings, claims, copyright, design,
Trade mark damages, losses, expenses, costs or other liabilities arising as a direct or indirect result of information or equipment the Customer has provided. The Customer shall alert Manufacturer at its earliest opportunity to a claim and do nothing that will compromise the Manufacturer's position.
Recruitment of personnel
It is agreed that the customer will not directly or indirectly hire, employ, retain or use as an independent contractor, or agent any Manufacturer's employee, former employee or independent contractor without the written approval of one of the Manufacturer's directors. This clause shall automatically terminate after any such person has been out of Manufacturer's employ or contract for twelve months.
These conditions and any contracts between the parties shall be constructed and applied in accordance with the law of England and the English Courts shall have sole jurisdiction in any dispute relating thereto.
All prices will be subject to VAT at the prevailing rate. In event of any part of these terms being declared invalid or unenforceable, it shall not affect the validity of the other provisions of these terms.
Any notice required or permitted by either party must be addressed in writing signed by an authorised company officer and faxed or posted to Manufacturer's principal place of trading. Complaints or official documents should be addressed to the Managing Director.
The Manufacturer shall be entitled to vary these terms by either stipulating a change in correspondence before the acceptance of an order or by giving four weeks unilateral notice. In the event of Manufacturer giving notice of changes, this will not affect orders or consultancies that were accepted before notification of any amendments.
Issued September 1997.
Amended July 2001.
MacGregor Welding Systems Ltd,
69 Fred Dannatt Road, Mildenhall,
Suffolk, IP28 7RD