BUSINESS TERMS AND CONDITIONS
Under the terms and conditions set out below:
The Company means Manimpex Management Ltd
The buyer or purchaser means the company, person or persons to whom a quotation is made or whom goods are sold by the Company.
"Goods" means products supplied by the Company under this contract.
Any order accepted by the Company whether or not it is based on or results from this or any other quotation given by the Company is deemed to incorporate theses terms and conditions;
a.) No variation or modification of or substitution for these terms and conditions (even if included in or referred to in the document placing the order) shall be binding unless specifically accepted by the Company in writing.
b.) Natural materials are subject to natural markings, veining and colour variations. Some cracks and vents are also common to various materials, Manimpex Management Ltd will not be held responsible for this.
c.) No guarantee can be given that the colour shades of the materials supplied against extension orders will match exactly the original supplies.
d.) Our standard completion period is 7-10 working days from time of templating. Please note that Manimpex Management Ltd reserves the right to extend this time without notice due to the nature of its business.
e.) No third party or consequential loss claims will be accepted.
f.) Orders are accepted and dates for delivery given, conditionally upon our being able to secure the necessary labour and materials, and without responsibility for delays arising through risks and uncertainties of manufacture, accidents and strikes, and other causes beyond our control.
g.) Supply-only worktops are manufactured only to templates made from hardboard or plywood, which are submitted to us by the client. Cut outs for hobs and top-fitting sinks will be left half-finished to ensure the tops are delivered intact.
h.) As Manimpex Management Ltd is not responsible for the installation, it is the client’s responsibility to depend on the services of a competent tradesman to complete any such installation including finishing cut-outs.
i.) Free delivery is limited to 20 miles radius from our Watford base and to the ground floor of the property only.
j.) Recipients are expected to sign a delivery note after checking worktops with the templates, once the worktops are accepted all responsibility for the goods is the clients.
k.) Unless stated otherwise, we have included for pointing joints between our materials only, (i.e. granite to granite joints) and not for joints between our materials and other finishes.
2. VALIDITY OF QUOTATION
a.) Unless previously amended or withdrawn the Company’s quotation is open for acceptance for the period stated therein or where no period is stated for 30 days after the date thereof.
b.) The Company’s quotation is not an offer but merely an invitation to the Buyer to make an order for goods under the terms and conditions of the quotation. The
c.) Company reserves the absolute right at any time to alter any of its selling prices and to alter terms which it allows to any buyer without any notice whatsoever.
d.) Subject there to the Company will make every endeavour to give forward notice of any alteration of selling prices.
3. PRIOR TO TEMPLATING
a.) It is the client’s responsibility to make sure all preparatory work is complete to allow us to template on the due date.
b.) If we make our site visit and the job is not ready for templating, there will be a re-visit charge of £100.00 +VAT. However, there will be no charge if the client gives 24 hours cancellation notice of the templating appointment. Please see our separate information sheet regarding preparatory work necessary.
c.) The 50% deposit must be paid to Manimpex Management Ltd prior to template date being given by our office.
d.) Any sinks, taps and hobs must be on site when our mechanic arrives to complete the templates, or prior arrangements made to deliver such items to our factory, all other appliances such as dishwashers, washing machines, cookers and fridges should be in place and secured.
4. PRIOR TO INSTALLATION
a.) It is the client’s responsibility not to change any of the specifications of the job after templating has occurred. Should this happen it may mean re-making part of the job incurring extra charge to the client.
b.) When Samples are submitted it should be noted that exact resemblances cannot be guaranteed, as these are natural materials and subject to variations in colour and markings.
c.) We are specialists in the manufacture and installation of our stone products however, for insurance reasons our fitters will not undertake any plumbing, carpentry, building or electrical work and it is the client’s responsibility to arrange for any such tradesmen to be present when installation occurs if necessary.
d.) Prior to installation we require completed carcasses and bases fully secured and levelled. All job information readily available (i.e. manufacturers templates for sink/hob cut-outs, tap holes etc).
a.) Unless otherwise specified in the quotation, delivery shall take place when the Goods are delivered to the buyer’s premises, or to such other premises as stipulated in the contract.
b.) Any dates quoted for delivery of the goods are approximate only and the Company shall not be liable for any delay in delivery of goods howsoever caused.
c.) Time for the delivery shall not be of the essence unless previously agreed by the Company in writing.
d.) Where the goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by the Company to deliver any one or more of the instalments in accordance with these conditions or any claim by the Purchaser in respect of any one or more instalments shall not entitle the Purchaser to treat the contract as a whole as repudiated.
e.) Delay due to circumstances outside the control of the Company shall not entitle the Purchaser to cancel any order or refuse delivery.
f.) Goods delivered to the Buyer must be checked immediately and any damages/faults must be reported to the Company in writing, within 24 hours of delivery. The onus is on the Buyer to check all products before fitting. Fitting is considered acceptance of Quality and Design.
g.) If delivery is unsuccessful a further charge will be made for each re-delivery.
a.) The fitting dates/timescales supplied by the Company are estimated and while we endeavour to comply with the dates/timescales given the Company accepts no liability if these have to be changed or overrun the dates given.
b.) The Company accepts no responsibility for any products not supplied by this Company and we accept no liability for items supplied by this Company being fitted by persons outside this Company.
c.) Any snagging lists you may have, must be provided to the Company, in writing, within seven days from the completion of the fitting.
d.) In the absence of any snagging lists produced within this time scale full satisfaction will be assumed.
a.) All conditions and warranties whatsoever as to the quality and fitness for any particular purpose for the goods supplied whether statutory or otherwise are hereby expressly excluded. However, every care will be taken to ensure goods supplied will conform to the Company’s Standards or to specification (within the limits of reasonable accuracy).
b.) In the event of the Company recognising that the goods supplied do not conform to specification (within the limits of reasonable accuracy), the Company will in assessing the value of any allowance or replacement which it may agree to make have regard to the extent and the nature of any defect, the information given by the Purchaser as to the application of the goods, the service which the goods may have already given and all other circumstances of the case, but in any event the Company’s maximum liability, in all cases, shall be limited to the invoice value of the goods supplied.
c.) The Company accepts no liability for consequential loss or damage to property, which is attributed to the failure of the goods supplied whether due to accident, abuse, incorrect technical assessment by the Company or its representatives or for any other reason whatsoever.
a.) Clerical errors and omissions are subject to correction without notice.
9. FINANCIAL - PAYMENT TERMS
a.) A deposit of 50% of the total amount, including VAT, is required upon acceptance of our quotation (prior to templating and manufacturing), with any balance being due upon completion and prior to collection/delivery.
b.) Title of goods shall not pass to you until payment has been made in full. In the case of non-payment, we shall be entitled to repossession of the goods.
c.) The balance of the quoted job will become due and payable upon installation. Please ensure balance is paid to our fixers, who will issue the client with a receipt or invoice.
d.) Where payment is not made, Manimpex Management Ltd reserve the right to charge interest on all overdue amounts at 5% per month until the amount and accrued interest is paid in full.
e.) No work will commence or continue until the above payments are made, and any delivery dates quoted shall be amended accordingly without any liability attaching to the company.
f.) Manimpex Management Ltd will store, free of charge, all goods provided by it for 28 days from the date of posting to the customer of notification that the goods are ready for collection or delivery.
g.) After the expiration of the said 28 days, storage charges will be levied on a day-to-day basis, and such charges will be payable by the customer as part of Manimpex’s invoice.
h.) All goods stored shall always be at the sole risk of the customer.
i.) Liability for payment for Goods shall arise on delivery, the Company reserves the right to charge interest on overdue amounts at the rate of 5% per annum above the bank base rate until the payment is made in full.
j.) Special orders must be paid in full and once ordered are not retractable.
k.) Any goods purchased ex-display or special offer tiles are sold as seen and the onus is on the customers to satisfy themselves as to the quality at time of purchase. No refunds/exchanges will be available on these goods.
10. RETENTION OF TITLE
a.) Notwithstanding delivery and the passing of risk in any and all goods supplied by the Company, or any other provision of these conditions, the property in the goods shall not pass to the Purchaser until the Company have received in cash or cleared funds payment in full for the price of the goods and all other goods agreed to be sold by the Company to the Purchaser for which payment is then due.
b.) All invoices/quotations are subject to the above terms and conditions of sale, without exception.