CONDITIONS OF SALE

All deliveries and collections are subject to the following conditions unless otherwise agreed in writing.

PRICES.

Retail prices quoted are inclusive of VAT, trade prices are exclusive of VAT and both  are subject to alteration without notice, the invoice price being that ruling at the time of despatch.  Trade and Retail prices quoted are exclusive of delivery to customer’s premises unless otherwise agreed at time of sale. (see DELIVERY below)

PAYMENT.

Terms of payment are cheque, cash, credit or debit card with order unless you are an Approved Credit Account Customer (ACA).  New ACA customers are required to provide two trade references and a bank reference before placing their first order.  ACA customer payment is due within 30 days from date of invoice, unless otherwise agreed in writing.  All company drawn cheques require 10 days clearance period unless otherwise agreed in writing.  The Company reserves the right to decline any order without stating a reason.

DELIVERY & COLLECTION.

Delivery can be provided as required at extra cost subject to agreement at time of sale.  Delivery staff are under no obligation to assist in the unloading or carrying of goods where it is deemed unreasonable to do so unless special delivery arrangements have been agreed prior to delivery, therefore it is the responsibility of the customer to provide adequate access, and facilities to complete unloading within 15 minutes of arrival.

Customers collecting orders from our Swindon premises can do so with our prior agreement between the hours of  0800hrs - 1600hrs  Monday to Saturday inclusive.  We reserve the right to charge the Customer for all pallets not available for return to the Company at a rate of £15.00 plus VAT per pallet.

MEASUREMENTS & SPECIFICATIONS & RECOMMENDATIONS.

The Company reserves the right to alter product specifications without prior notice to the Customer.  Exact conformity in production with any samples or models previously submitted, displayed or demonstrated cannot be guaranteed.  All weights, measurements and specifications quoted by the Company are nominal and subject to normal manufacturing tolerances.  Any recommendation or suggestion relating to the use of the product made by the Company is given in good faith but it is for the Customer to satisfy itself as to the suitability of the product for the particular purpose intended.  Whilst the Company endeavours to ensure that any advice, recommendation, specification or information it may give is accurate and correct, it cannot, because it has no direct or continuous control over where or how it’s products or materials are handled or applied, accept any liability either directly or indirectly arising from the use of it’s materials or products whether or not in accordance with any advice, recommendation or information given by it save as specifically provided by it’s Conditions of Sale hereto.

PRODUCT & SERVICE WARRANTY.

All Company manufactured products sold by the Company carry a standard 12 month (category A) material and workmanship warranty which includes repair, replacement or refund as deemed necessary or appropriate in each individual circumstance by the management of the Company and subject to conditions  (see CLAIMS below).  Exclusions to the standard warranty include some non Company manufactured products (category B) whether used in manufactured goods or supplied only, such as  timber treatment, metal fixtures & fittings, roofing felt, glass and perspex, which may or may not carry it’s own warranty from the original manufacturer or agent thereof and  although the repair, replacement or refund of these products would normally be covered by a 12 month warranty, it may not include the cost to install, refit, deliver or collect.  In the case of all timber components untreated or treated and whether used in manufactured goods or supplied only (category C) the following statement applies in all circumstances. { Timber is a natural material and  therefore can absorb and release moisture - Our products are designed to minimise the effect this has on the timber itself and the product it is manufactured from but in certain circumstances some movement, distortion and checking is unavoidable and completely out of our control - In hot dry weather conditions all timber will experience some degree of checking and shakes may appear, this is a natural process which can effect all timber regardless of preselection and treatment at time of manufacture or supply }.  It is the Customer's responsibility to follow recommendations with regards to the upkeep and general maintenance of all products supplied by the Company as neglect, misuse, or inappropriate action will render any warranty  nul and void.  No liability will be accepted where the products or materials supplied have been altered or modified by the Customer including the addition of other materials or substances unless specifically recommended by the Company.  Your statutory rights are not affected.

CLAIMS

No liability is accepted by the Company in the event of non-arrival, damage or losses in transit of the goods  unless the Customer notifies the Company in writing within 72 hours of receipt except in the case of products supplied and erected by the Company where there is an extended period of 28 days in which the customer has to report any defects in workmanship.  Where shortages or damages arise the delivery note must be endorsed accordingly.  Responsibility for the goods shall pass to the customer at time of delivery or collection and shall be deemed to have been received complete and in satisfactory condition.

CANCELLATIONS

Should an unfulfilled order be cancelled by the buyer, the Company reserves the right to keep any deposit funds paid and or demand 25% of the order value whichever is the greater as liquidated damages without having to prove our action.  Goods returned after 72 hours of receipt are subject to a minimum 10% restocking surcharge.

REFUNDS

Refunds may on occasion be offered under the sole discretion of the Management.  This is in addition to Customer statutary rights which are not affected.

FORCE MAJEURE.

The Company shall have the right to cancel or delay delivery or to reduce the amount supplied if it is prevented, hindered or delayed in manufacturing or delivering by normal means of manufacture or delivery, the goods of the description covered by the sales contract, through any circumstances beyond it’s control including but not limited to, strikes, lockouts, accidents, war, fire, unavailability of power at the manufacturing source, breakdown of plant or machinery or shortage or unavailability of raw materials from normal sources of supply.

CONSEQUENTIAL LOSSES.

The Company will not accept any claims for the consequential losses arising from the failure of any product or material supplied and in all cases the limits of liability will be free replacement or refund of the price paid.

DISPUTES.

All disputes or questions between the Company and the Customer with respect to any matter arising out of or relating to this agreement shall, after written notice by one party to the other, be referred to a single Arbitrator agreed for the purpose of arbitration within the meaning of the Arbitration Act 1950.

TITLE OF GOODS.

Legal title and beneficial ownership to the goods or the proceeds thereof is retained by Minety Ltd until payment has cleared through our bank.

Errors and omissions excepted.  This Agreement shall be covered by English Law.
 

Minety Ltd 2008