Mawcare Terms and Conditions
These conditions of sale (the conditions) supplied by Mawcare (the company) to a purchaser (the buyer) shall be incorporated into each contract (the contract) made by the company for the sale of the company goods (the goods). The company contract as aforesaid upon such terms as agreed between the company and the buyer and upon the terms of the conditions or terms of the buyer apply to this contract. No variation of any of the conditions shall be effective unless in writing and signed by a duly authorised representative of the company.
(a) Anything expressed by or on behalf of either party capable but for this clause of constituting a condition or warranty whether collateral to any contract between us or implied by statute, common law or otherwise is hereby expressly withdrawn or cancelled.
(b) We warrant that the goods shall at the time of tender for delivery correspond to any agreed specification but in the absence of any agreed specification, we warrant that the goods shall be at the time of tender for delivery be of a normal commercial quality. In the event of any breach of the above warranty due to faults incurred in the manufacturing or delivery process, we will at our option:
(1) Replace any goods shown to be in breach of the warranty, or
(2) Repair or otherwise bring the goods into conformity, with the agreed specification or (as the case may be) normal commercial quality, or
(3)Take back any goods shown to be in breach of the warranty and refund the appropriate part of the price.
And the performance of any one of the above options shall constitute an entire discharge of our liability under this warranty.
The above warranty and undertaking is conditional upon:
(i) You inspecting the goods within 48 hours of receipt of the same.
(ii) You giving notice within 7 days of all defects, which have been or ought with reasonable diligence to have been ascertained on such inspection and in the case of defects which were not reasonably ascertainable on such inspection within 7 days of the same becoming apparent.
(iii) You affording us a reasonable opportunity to inspect the goods.
(iv) You making no further use of the goods after discovery of the defect the goods not having been damaged by you (no account being taken for this purpose of fair wear and tear at the time of discovery of the defect). In the event of any breach of the above warranty in relation to part only of the goods to be supplied by us under any order or contract such breach shall not entitle you to cancel or refuse delivery of the remainder of the goods to so be supplied.
(c)No liability will be accepted for any defect in the goods unless the same has been handled, stored and used in accordance with our instructions either contained in any agreed specification or technical information sheet or on the container of goods.
Quotation tenders and acceptance of orders.
The contracts shall become binding only upon the confirmation of acceptance of any order by the company in writing and accordingly all quotations or tenders made and price of product lists supplied by the company shall be treated as invitations to treat only.
Colours and shades
(a)We endeavour to maintain the colours and shades of any goods but are unable to guarantee that there will not be a slight difference between colours and shades of one delivery and another delivery or part of such other delivery.
(b) When requested we will endeavour to match shades to a sample. We are however unable to guarantee there will be not a slight difference between colours and shades of the sample and the finished goods.
Cancellation, suspension and termination
If the buyer shall purport to cancel the whole or any part of the contract the company may by notice in writing to the buyer elect to treat the contract as repudiated and the buyer shall thereupon be liable to pay to the company by way of liquidated damages a sum equal to all the expense incurred by the company in connection with the contract including an appropriate amount in respect of administrative overhead, costs and losses of profit, the company’s reasonable estimate of the expenses incurred shall be final and binding on the parties.
Any samples submitted by the company may be charged for if not returned in good condition within twenty-eight days of dispatch, carriage paid.
a) Our delivery note shall be conclusive evidence of the quantity of goods delivered unless within 48 hours of receipt of the goods you give notice to us that the quantity stated in the delivery note is incorrect.
(b)We may at our discretion make instalment deliveries.
(c)Deliveries may be wholly or partially suspended and the time of such suspension added to the original delivery date in the event of a stoppage delay or interruption of work on our establishment during the delivery period as a result of strikes, lockouts, trade disputes, breakdown, accident or cause whatsoever beyond our control and in the happening of such event or events we shall be entitled at any time on notice to you make partial delivery only and/or to determine the contract without prejudice in any such case to rights accrued in respect of deliveries already made.
Any price quoted by us or contained in the acceptance is provisional only and we reserve the right to vary any such price according to any increase in cost of labour, manufacture, packaging, transport or materials, taking effect prior to delivery of the order, or that part of the order remaining undelivered at the time of such increase.
You will reimburse us for any increase in any tax, governmental charge or customs duty or for any new tax, government charge or customs duty hereafter becoming effective which we may be required to pay to any government or customs office upon the sale, production or transportation of the goods and which has the effect of increasing the cost of the order.
(a)In the case of installment deliveries, each delivery constitutes, as regards payment, a separate order.
(b)No goods will be dispatched without being paid on a pro forma basis unless by prior arrangement
Any maintenance undertaken by the customer should comply with Mawcare (customer care card), which is available on request.
Additional information is available subject to a written enquiry. Any maintenance not endorsed by Mawcare will invalidate the warranty.
Passing of risk and title
(a)The risk in the goods shall pass to you upon the expiration of the notice to take delivery referred to in clause 7(b) above or upon actual delivery whichever is the earlier. Where you agree to take delivery elsewhere than at our place of manufacture, risk in the goods shall pass when the goods are loaded on to our vehicle or the vehicle of a carrier at our place of manufacture for transport to such agreed place of delivery.
(b)Until payment in full of the price of the goods and of all other sums payable to us from you;
(1)The property in the goods shall remain in us.
(2)You shall store and keep the goods and any new product into which the goods are converted in such a manner that they can be identified as being our property.
(3)Pending the passage of the property any resale of the goods and any new product into which you convert the goods shall be for our account and the proceeds thereof shall be our property
(4)You hereby grant us an irrevocable license to enter upon any of your premises for the purpose of repossessing the goods.
Patents, registered designs, trademarks, trade names and copyright
The buyer shall indemnify the company against all damage, loss, costs, claims and expenses arising out of any infringement or any letter, patent, registered design, trademark, trade name or copyright or any claim for such infringement or any claim to passing off arising out of work carried out in accordance with the buyers specification.
All drawings, description, illustrations, weight and dimensions given in the company’s catalogues, price list or other advertising matter are approximate and intended for general guidance purpose only.
All contracts subject to these conditions shall be subject to and interpreted in accordance with English law.
Design and development
Because of Mawcare policy of continual development, we reserve the right to amend design specifications and dimensions without prior notice
Our goods are sold under the brand name MAWCARE reg uk 00003271542
for further details contact
Intellectual Property Office
Tel: (UK only) 0300 300 2000
Tel: (Outside UK) +44 (0)1633 814000
Office hours 09.00 – 17.00, Monday – Friday (Excluding Bank Holidays)