Terms & Conditions
- REFERENCE TO THE SELLER - These relate to MacDonald Fyne Associates Ltd. and references to the buyer relate to the customer of MacDonald Fyne Associates Ltd.
- DESIGNS - on goods specially made to order we reserve the right to slightly modify a design should it be reasonable to do so, in order to obtain the best result.
- COMPANY LOGOS - The products bearing names and trademarks in this catalogue do not necessarily (or imply) that MacDonald Fyne Associates Ltd. have supplied the items, nor does it necessarily indicate that they have supplied the items to the owner of the name or trademark but are representative of the effect that has been obtained by using an advertisement.
- CARRIAGE - Owing to considerable differences in the weight, bulk and shape of articles, carriage will be an extra charge ex factory unless otherwise stated.
- QUOTATION AND CONTRACTS (a) Prices shown in MacDonald Fyne Associates Ltd. catalogue are for guide purposes only. VAT is chargeable, except on exports where documentary evidence is required to prove goods were dispatched overseas.VAT is recoverable if the goods are supplied to a United Kingdom registered company and the unit cost is not more than £15.00 each ex. VAT and the said company is registered for VAT purposes. (b) All orders are acknowledged and the details shown will be the basis for production. It is the responsibility of the buyer to read this document and to notify the seller of any changes, mistakes or omissions within 4 days of the acknowledged date. (c) Orders are accepted subject to the seller's right to adjust the prices quoted in event of any fiscal change in law or Government regulations prior to the date of delivery or of any substantial change in the currency rate at the time of importation or delivery of goods. (d) The right is reserved to supply up to a certain maximum over or under the ordered quantity. The maximum or minimum will be kept to no more than +/- 10%
- CANCELLATION - If any order is cancelled by the buyer at any time after the date of acceptance by the seller then the buyer shall reimburse the seller any costs and expenses incurred by the seller in connection with that order.
- CLAIMS (a) Non-delivery of goods Goods must be examined on arrival and shortages or damages notified in writing within three days as otherwise no claims can be entertained. (b) Packages damaged in transit Claims arising from damage to packages in transit must be notified, upon receipt, to both the carrier and the supplier, with a note to the effect being made on the carriers delivery docket. Goods and packaging material are to be maintained for inspection purposes.
- LIABILITY - Delivery promises are given in good faith, but orders accepted on the understanding we are not to be held responsible for delays beyond our control.
- TRADEMARKS - It is the responsibility of the buyer to ensure that his requirements do not constitute an infringement of any copyright, patent rights, design, trademark or name, or other protected rights. The buyer shall save harmless and indemnify the seller from and against all claims and proceedings for or on account of any such infringement and from or against all claims, demands, proceedings, damages, costs, charges and expenses whatsoever in respect thereof or in relation thereto.
- PASSING OF TITLE - Until full payment has been made of all sums outstanding from the buyer to the seller (including Debts arising before the date of this contract). (a) The property in the goods shall remain in the seller. (b) The seller shall have full legal and beneficial ownership in any new product into which the goods are converted. (c) The buyer shall keep and store the goods and any new product in such a manner that they may be identified as being the property of the seller. (d) The buyer shall be at liberty to sell the goods (or any new product described in (b) above) in the ordinary course of business. (e) The benefit of any contracts of sales and the proceeds of any sales shall be the property of the seller and held in trust for the seller absolutely. (f) The seller may, by written notice, terminate the buyer's power of sale at any time if the buyer goes or threatens to go into receivership or liquidation. (g) At any time after the termination of the power of sale, the seller may repossess the goods and the buyer hereby grants to the seller an irrevocable license to enter upon any premises of the buyer's for the purpose of doing so.
- PAYMENT - The seller reserves the right not to grant credit terms. Where credit is granted, payment terms are strictly net 21 days from the date of invoice. The seller will levy interest on outstanding sums at 2.5% over the current NatWest Bank Base Rate from time to time. For goods specially made to order, we may request a deposit or payment in full before commencing.
- COPYRIGHT - All rights reserved. Reproduction of any part of this catalogue, storage in retrieval system or recorded by any means, without prior permission from the publishers is prohibited. All sizes shown throughout this catalogue, or in subsequent quotations are approximate. Colours shown are as accurate as the reproduction method will allow.
- All orders placed with MacDonald Fyne Associates Ltd. are deemed to be subject to the standard conditions in paragraphs 1 - 12.