1. Conditions Applicable
1.1 Mara Services Ltd Ltd is registered in England and Wales 03740175 and the registered office is Harmile House, 54 St. Marys Lane, Upminster, Essex RM14 2QT.
1.2 These Conditions shall apply to all contracts for the sale of goods and the supply of services by Mara Services Ltd (The Company) to a buyer who is acting in the course of a business to the exclusion of all other terms and conditions.
1.3 All orders for goods until accepted or rejected at its discretion by the Company shall be deemed to be an offer by the Buyer to purchase goods pursuant to these Conditions and all goods are offered subject to availability.
1.4 The Company has made every endeavour to ensure that the information within its catalogues, web site and other publications is correct at the time of publication they do not form part of any contract for the sale of goods. Colour illustrations should be viewed as a guide only.
2. Orders & Returns
2.1 The Company reserves the right to make any changes in the specification of the goods which are required to conform with any applicable safety or other statutory requirements, or where the goods are to be supplied to the Company’s specification which do not materially affect their quality or performance.
2.2 Orders for stock stationery products may be cancelled at any time prior to the despatch of the goods. Orders for other stationery products may only be cancelled with the written agreement of the Company.
2.3 No goods can be accepted for return without prior agreement and must be in original packaging and not defaced or damaged in any way. No goods will be accepted for return after 14 days from the date of delivery. No credit can be issued unless these conditions are met.
2.4 Any non-returnable goods, sold by the Company will only be accepted as a return either at the Company’s absolute discretion or where the goods are found to be defective at the date of delivery.
2.5 For Health & Safety reasons, no consumable food products may be accepted for return.
3. Price and Payment
3.1 The price of goods will be the price ruling at the time of despatch and are exclusive of VAT which will be charged at the appropriate rate.
3.2 The title to the goods will not pass to the Buyer until the sums for the goods due to the seller have been paid in full.
3.3 The Buyer shall pay the price of the goods within 30 days of the date of the Company’s invoice notwithstanding that the property in the goods has not passed to the Buyer.
3.4 The Company reserves the right to grant, refuse, withdraw, restrict, alter, suspend or cancel credit terms at their sole discretion. The Company, without limitation, reserves the right to refuse or cancel orders for goods where the buyer is or is liable to become in breach of its agreed credit terms.
3.5 If payment is not made within the required time scales a 3rd party may be brought in to recover any debt. All costs will be passed on to the customer.
4.2.1 Any dates quoted for delivery of the goods or supply of services are approximate only, the Company shall not be liable for loss or damage caused by any delay with regard thereto howsoever caused. Time for delivery or supply shall not be of the essence unless previously agreed in writing by the Company.
4.2.2 The Company reserves the right to make a separate charge for deliveries where the Buyer specifically requests and the Company agrees to making a delivery by an agreed time.
4.4 Following the delivery of goods unless the Buyer notifies the Company immediately by telephone and in writing within 3 days of any discrepancies in the goods received or damaged, all the goods ordered as stated on the delivery note shall be deemed to have been delivered.
5. Risk and Property
5.1 Risk of damage to or loss of the goods shall pass to the Buyer at the time of delivery.
5.2 Notwithstanding delivery and the passing of risk in the goods or any other provision of these Conditions, title to the goods or any part thereof shall not pass to the Buyer until the Company has received payment of all monies owed due and payable by it to the Company for the goods and all other goods agreed to be sold by the Company to the Buyer for which payment is then due.
5.3 Until such time as the title to the goods passes to the Buyer, the Buyer shall be entitled to use the goods in the ordinary course of business.
6. Warranties and Liability
6.1 The Company will replace stationery products found to be defective on delivery without charge. Goods incorrectly supplied or invoiced as a result of error on the part of the Company will be collected or credited without charge.
6.2 Subject to the conditions set out below the Company warrants that all non-consumable goods will correspond with their specification at the time of delivery and will be free from defects in material and workmanship for a period of 12 months.
6.3 The above warranty is given by the Company subject to the condition that the Company shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the manufacturers’ or the Company’s instructions (whether oral or in writing), misuse or alteration or repair without the Company’s approval.
6.4 Subject as expressly provided in these Conditions, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law, subject to clause 6.6 below. The Buyer when ordering via the Company’s web site must ensure it has in place virus protection as the Company accepts no liability for viruses transmitted or passed to the Buyer through use of the Company’s web site whether for ordering purposes or otherwise.
6.5 Where any valid claim in respect of any goods which is based on any defect in the quality or condition of the goods or their failure to meet specification is notified to the Company in accordance with these Conditions, the Company shall be entitled to repair or replace the goods (or the part in question) free of charge or, at the Company’s sole discretion, refund to the Buyer the price of the goods (or proportionate part of the price), but the Company shall have no further liability to the Buyer.
6.6 Except in respect of death or personal injury caused by the Company’s negligence, the Company shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Company, its employees or agents or otherwise) which arise out of or in connection with the supply of the goods or services or their use or resale by the Buyer.
6.7 The Buyer agrees that it is best able to estimate the extent and nature of the insurance cover suitable for its business and property from time to time and that it is reasonable for the Company to sell the goods and fix the purchase price on the basis of the exclusions and limitations of liability which price would be higher were such provisions altered in these conditions and the Buyer agrees that it will be responsible for effecting insurance cover as mentioned above including (but not limited to) any required insurance cover in respect of any loss or damage of whatsoever kind or howsoever caused either by reason of the negligence of the Company or otherwise to premises, plant or to other property and the Company shall have no legal liability in respect of any such loss or damage.
6.8 The Company shall not be liable to the Buyer or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of the Company’s obligations in relation to the goods, if the delay or failure was due to any cause beyond the Company’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Company’s reasonable control:-
(i) Act of God, adverse weather conditions, explosion, flood, tempest, fire or accident.
(ii) War or threat of war, sabotage, insurrection, civil disturbance or requisition.
(iii) Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority.
(iv) Import or export regulations or embargoes.
(v) Strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Company or of a third party).
(vi) Difficulties in obtaining raw materials, labour, fuel, parts or machinery.
(vii) Power failure or breakdown in any vehicle or machinery or any computer malfunction.
(viii) The imposition of Stopping, Waiting, Parking or similar restrictions which delay or prevent the Company from reasonably affecting delivery of the goods.
7. Design & Alterations
Where goods are manufactured or modified in accordance with the Buyer’s instructions or by specification supplied by or on behalf of the Buyer, the Buyer will indemnify the Company against all liability incurred by the Company as the result of any such goods infringing any rights or provisions of any statute or regulation. With regards to printed materials no responsibility will be accepted for errors in approved proofs.
7.1 The contract shall be governed by the laws of England and the parties submit to the exclusive jurisdiction for the English courts in relation to any dispute hereunder.
7.2 Nothing in this agreement shall confer, nor do the parties intend it to confer, any enforceable right on any third party and the Contracts (Rights of Third Parties) 1999 shall not apply.