Terms and Conditions
1.GENERAL
These conditions shall apply to and govern all contracts for the supply of goods and services by Magiboards Ltd (thereinafter called “the Company” and shall prevail over any inconsistent terms or conditions contained in or referred to in sales and purchase orders to and from Magiboards or in correspondence and elsewhere and all or any arrangements to the contrary are hereby eradicated. The term “goods” shall where the context so permits
include units, parts, accessories, repairs and services.
2. PRICES
(a) Subject to the provisions of Clause 2(c) whilst every effort will be made to maintain prices as quoted, the Company will only accept orders at prices ruling on the day of despatch, and such price shall be fixed at the Company’s discretion after taking into account any increase in the cost of materials, transport and any other relevant factors; and the buyer hereby agrees to pay the prices invoiced. The buyer also agrees to pay for any loss or extra cost incurred by the Company through any request or instructions on the part of the buyer, its employees or contractors. Unless otherwise indicated in the Company’s quotation no discount of any kind is permissible, prices being strictly nett. In case of inadvertent errors or omissions in published prices the Company is under no obligation to supply at the prices quoted at in the quotation or on the order. If such errors result in the order value exceeding the value quoted or stated on the sales order the buyer shall be entitled to cancel the order prior to despatch at no charge to the buyer.
(b) Prices quoted are nett prices and exclude Value Added Tax, which will be charged at the applicable rate at the date of goods despatched. Whilst every endeavour will be made to maintain the prices quoted in the sales catalogue the Company reserves the right to effect changes without prior notice at any time before despatch. It is normal practice of “the
Company” to issue a new price list every calendar year. Any products which are despatched once a new price list is available will be sold at the prices ruling at the date of despatch.
(c) Unless it has otherwise been agreed in writing, orders are accepted on the condition that payment is made in full on or prior to date of the taking of delivery of the good unless an approved credit account has been opened for the “buyer” by the company. Payment of any instalment due is a condition precedent to further deliveries, and the Company shall have the right to terminate any contract when an instalment or payment is in arrears. If any invoice is not agreed then it is incumbent upon the buyer to communicate this fact to the Company immediately as under no circumstances will any dispute be acknowledged by the company more than 7 days after the date of the invoice. Where not otherwise expressly stated all payments are to be made at the main premises of the Company at Stafford Park 12, Telford, Shropshire, TF3 3BJ, within 30 days of invoice date.
(d) Title to the goods shall in no case pass from the Company until full payment has been received. If a cheque is tendered by the buyer it shall not be treated as payment until it has been cleared by the Company’s Bank. The Company shall in any event have a particular and general lien over the goods sold and for all claims and monies owing by the buyer to the Company under any contract whatsoever or in any other way whatsoever, and the company shall be entitled to the return of all goods not paid for in full at the buyers expense in the event of any failure to pay in accordance with these conditions or any specific amendment thereto agreed in writing by the company with the buyer.
3. PAYMENT
(a) Credit terms (subject to satisfactory references) are available. Payments must be made within 30 days from the date of invoice.
(b) Cheques and Postal Orders should be made payable to Magiboards Limited crossed A/C Payee. All payments must be made without any set-off, deduction or counter claim.
4. ORDERING
(a) The Company executes orders to the customer’s exact requirements, and does not substitute one product for another unless instructed to do so, or unless the product has been superseded. Subject to stock available, the Customer may place orders for any quantity of products however large or small. All official orders confirming verbal, telephone, facsimile or telex orders should be clearly marked “CONFIRMED ORDER” to avoid duplication. Any costs incurred by the Company in expediting a confirmation order not clearly marked as “CONFIRMED ORDER” may be charged to the buyer.
ORDER CANCELLATION
(b) Cancellation or part cancellation of an order can only be accepted after prior negotiation and agreement to terms which will indemnify against any expense incurred by the Company. In the event of part cancellation the Company reserve the right to invoice for any difference in selling price applicable to the quantity despatched up to the time of cancellation.
THE CATALOGUE
(c) At the time of printing the Catalogue all descriptions, illustrations and prices contained in the catalogue or otherwise communicated to the Customer are intended merely to present a general idea of the product.
DIMENSIONS
(d) Whiteboard and Noticebooard dimensions are indicative. Due to the nature of the different products we supply these may reflect the sight dimensions of the face of the whiteboard or noticeboard, the exterior dimensions of the product or a median between these. Variances may also result from rounding in the conversion from metric to imperial measurements and vice versa. If you require exact measurements, e.g. maximum exterior dimensions due to space limitations, please indicate this at the time of ordering and when ordering online, please contact Customer Service with your requirements, quoting your order reference. A 5mm tolerance will apply in any circumstance.
5. CARRIAGE & DELIVERY
Carriage is effected at the Company’s option and appropriate charges will be made for such carriage based on current Carriage Standard Rates.
6. DAMAGE & LOSS
No claim for damage & loss in transit can be considered unless reported on the delivery note upon receipt of the goods and unless notified to the Company within 48 hours after receipt of goods
7. DEFECTIVE PRODUCTS
Subject to the provisions of Clause 6, free replacement will be made by the Company of any product which it agrees is defective if returned within 14 days from the date of despatch. No liability for expenses by customers or any consequential damage arising from such defects can be accepted by the Company.
8. RETURN OF GOODS
The return of any goods properly supplied will not be accepted unless the Company’s authority has been previously agreed in writing and an address for returned goods is given. Notification of such return must be in writing within 7 days of receipt of the goods. The buyer accepts and understands that the issuing of orders or contracts to the Company implies full agreement with the above terms and conditions.
9. FORCE MAJEURE
Although every effort will be made to effect prompt delivery, the Company can not be held responsible for loss or
damage due to delay in delivery, accidents, fire or strikes, war, lockouts, or any other cause beyond its control.
SEPTEMBER 2008 Registered No. (England) 05534989