Terms & Conditions
1. Definitions and effect of conditions
a) The “Company” means Mar-Kon Artificial Stone Ltd, 20 Hartley Way, Thatcham, Berkshire, RG184QU, company number 8031813 operating in the United Kingdom.
b) These conditions shall apply to and be incorporated in every agreement between Mar-Kon Artificial Stone Ltd and any person, firm or Company (“the Customer”) under which the Company supplies goods or services at the request of the Customer.
c) These conditions shall supersede all earlier conditions of the Company.
d) These conditions shall take precedence over any conditions of the Customer and shall not be varied without the written consent of a Director of the Company.
a) Any delivery dates quoted whether verbally or otherwise are estimates only and in regard to any such date, time shall not be of the essence.
b) Delivery of the goods to the Customer’s address or any other place stipulated by him shall constitute delivery and the risk therein shall pass on such delivery to the Customer.
c) The Company shall be entitled to make partial deliveries or deliveries by instalments and these conditions shall apply to each partial delivery. All goods will be delivered (or-credited) not more than 28 days after the original invoice date.
d) If any unforeseen difficulties arise on site, involving the Company in extra work, the cost thereof will be charged as an extra.
3. Frustration etc (Force Majeure)
The Company will not be deemed to be in breach of any of its obligations under the agreement or otherwise be liable to the Customer due to any delay in performing or any failure to perform any such obligations by reason of any cause or event beyond the Company’s control including, without limitation, breakdown of plant or machinery, strike or industrial dispute, shortage of materials or failure of or delay in receiving supplies, act of war (whether declared or not), act of God, or any law regulation of any government or any local or municipal authority; if any such event continues for more than 28 days the Company may terminate the agreement forthwith by written notice to the Customer without prejudice to the accrued rights of either party.
4. Price and specification
a) Unless otherwise stated any prices quoted by the Company are:
I. Exclusive of Value Added Tax or any other taxes.
II. Exclusive of carriage, packing and insurance
III. Exclusive of any release certificates.
And the Company shall charge extra in respect of the above items:
b) Prices quoted are those current at the time of quotation and the price payable by the Customer shall be that which is current at the time of delivery to the Customer.
c) Where agreed, call offs are not adhered to by the buyer. The Company reserves the right to amend the price structure in accordance with the quantities delivered.
d) The Company employs a policy of continuous product development and improvement, and therefore all persons are advised to check any item details on some products.
5. Payment for goods and services
a) The price is payable on demand and is dependent on the type of account opened.
I. Pre-paid Account: All invoices must be paid in full before the goods leave the warehouse.
II. COD Account: All invoices must be paid in full upon receipt of delivery.
III. Credit Account: All invoices must be paid not later than 30 days from invoice date.
b) The Company reserve the right to suspend deliveries where payment is not received in accordance with paragraph (a) of this clause or in accordance with any alternative terms of payment agreed in writing.
c) Where payment is not made in accordance with paragraph (a) hereto the Customer shall pay interest on any unpaid amounts calculated at 3% above Lloyds TSB’s base rate for the time being in force calculated on a daily basis or in accordance with any alternative terms of payment agreed in writing.
d) No cash or other discounts are allowed unless agreed in writing.
e) If the Company is able to deliver some items comprising the goods subject to agreement but unable to deliver all such items due to causes beyond its control (including but not limited to the non-exhaustive examples referred to in Condition 3 hereof) the Customer shall pay for such items as are delivered.
6. Ordering by phone
The Customer agrees to send the Company a written order either by email, fax, by post or by hand in confirmation of any telephoned orders duly marked with any confirmation reference given by the Company otherwise the Company cannot accept liability for any duplication of delivery that may occur or for delay in dealing with any telephone order.
7. Title of goods
a) Immediately upon delivery to the Customer of any goods agreed to be sold by the Company to the Customer the Customer shall become the bailee thereof, and the Customer shall store such goods in a suitable and separate place where they can be readily identified as property of the Company. The Company as bailer thereto shall retain the legal title. The risk in the goods shall pass from the Company to the Customer upon delivery of such goods to the Customer. However, notwithstanding delivery and the passing of risk in the goods, title and property in the goods, including full legal and beneficial ownership, shall not pass to the Customer until the Company has received in cash or cleared funds payment in full for all goods delivered to the Customer under this and all other contracts between the Company and the Customer for which payment of the full price of the goods there under has not been paid. Payment of the full price of the goods shall include the amount of interest or other sm payable under the terms of this and all other contracts between the Company and the Customer.
b) The Company may at any time revoke the right of the Customer to recall the goods or any of them.
8. Drawings, illustrations and specifications
All drawings, descriptive weights, dimensions and descriptions and illustrations contained in the sales literature and price lists are approximate only and shall not form part of this agreement. In addition, technical documents issued either before or after the conclusion of this Agreement for the use or information of the Customer and such other information as may be supplied to the Customer including specifications shall not be copied, reproduced or communicated to any third party without the Company’s prior written consent.
9. Losses or damage to goods in transit
a) The Company will not be responsible for damage to any of the goods or loss of the goods or part thereof in transit unless the Customer gives written notice of a claim to the Company and to the carrier.
10. Warranties and guarantees
a) If within 12 calendar months of their being delivered, any defect in the goods is discovered which is directly due to faulty materials or workmanship the Company will remedy the defect or damage by replacement or repair or give credit to the Customer.
b) The guarantee will be subject to the following conditions:
I. It will not apply to any defect or damage resulting in any alteration or modification to the goods without the Company’s prior written consent, incorrect storage, normal wear and tear, overloading, misuse, abnormal conditions of use, incorrect installation by anyone other than the Company, maintenance or repair not carried out by the Company, use which is not in accordance with the Company’s or the manufacturer’s instructions, any act or omission of the Customer or any third party or any fault in any other goods or equipment.
II. The Customer must complete and return the Company’s Returns Authorisation Form in relation to any such defect or damage. If it appears to the Company from the information in the completed from that such defect or damage is covered by the guarantee authorisation will be issued confirming that the goods concerned may be returned, subject to verification by the Company after inspection of the goods. Authorisation is valid for 28 days from the date of issue, and if the goods concerned are not returned during that period, new authorisation must be requested.
III. Allegedly defective or damaged goods must be returned to the Company carriage paid at its address stated overleaf, with their original packing and, where applicable, all related manuals and accessories as well as a copy of the completed Returns Authorisation Form. Any package without valid authorisation will be refused. The Customer may be charged extra to return the item(s) to the Customer.
IV. If the Customer makes any claim in relation to any goods falling outside the terms of the guarantee ie, physical damage occuring by accident or incident, the Company may charge the Customer for estimate of repair or actual repair. Please refer to the Company for current returns and repair fees. These inevitably vary due to the vast array of manufacturers used. The Customer must collect any returned goods within 5 days of notification that they are not covered by the guarantee or on written instructions from the Customer, the Company will dispose of the goods. Failure to do so will result in the Customer having to pay storage charges of £5.00 plus VAT per unit for each day or part of the day from the end of that period to collection.
V. The guarantee will apply to goods replaced or repaired under the guarantee for the balance of the original guarantee period.
11. Exclusion of liability
a) Except where provided otherwise in these conditions, the Company shall be under no liability of any kind however caused whether or not due to the negligence or wilful default of the Company or its servants or agents arising out of or in connection with the goods. All conditions, warranties or other terms, whether express or implied, statutory or otherwise, are hereby expressly excluded providing that nothing in this paragraph shall exclude or restrict any liability of the Company for death or personal injury resulting from the negligence of the Company, its servants or agents.
b) In any event, the Company’s liability shall be limited to direct loss and shall not include indirect or consequential loss.
c) The Company shall not be liable for the loss or damage to software programs during the repair or upgrade of any goods whether or not the same are under warranty.
12. Returned goods and cancellations
a) Customer has a right to return any goods ( at his own cost) within 7 calendar days from receiving the product(s), full refund will be provided. When returning any goods Customer must ensure that relevant packaging is used. Cancellation of any Order prior to manufacture will result in forfeiture of the deposit or pro-forma payment. In the event that Product(s) have been manufactured the Company will require payment in full in accordance with the Order value, less any Installation charge.
b) For the avoidance of doubt, manufacture will be deemed to have commenced within 48 hours of Survey.
c) The Customer shall not return any goods (except in accordance with Condition 10) or cancel orders without the Company’s previous consent. Such consent will not be given where goods have been specially purchased by the Company to meet the Customer’s requirements. If the Company in its discretion gives consent a return number must be obtained for the process of replacement or refund, failure to do this may delay or invalidate your return.
13. Copyrights, patents, trade marks and intellectual property
a) The Customer acknowledges that rights in respect of trademarks, trade names, copyrights, patents and other intellectual property rights connected with the goods do not pass to the Customer.
b) The Customer agrees to indemnify the Company against all liabilities, costs and expenses which the Company may incur as a result of work done in accordance with the Customer’s specifications which involve infringement of any patent or other proprietary right.
The Company reserves the right to sub-contract any part of any work or supply of any goods or services.
15. Constructions and use
The Company shall not be responsible for adapting or modifying any goods to conform to statutory requirements not current at the time of the acceptance of order.
16. Headings within these Terms & Conditions
The headings of these conditions are for convenience only and shall have no effect on the interpretation thereof.
The Company shall be entitled by notice in writing to terminate any agreement without prejudice to any claim or right the Company may otherwise make or exercise where;
a) The Customer is in breach of any term, condition or provision of this agreement or required by law
b) The Customer shall go in to liquidation (except for the purpose or reconstruction) or if any petition or resolution to wind up the Customer, shall be presented or if a receiver is appointed of the Customer’s undertaking property of assets or if a distress shall be levied upon any of the Customer’s property or if a distress shall be levied upon any of the Customer’s property or if the Customer shall commit any act of bankruptcy.
The agreement shall be governed by and construed in accordance with English law and the Courts of England shall have jurisdiction to hear all disputes arising in connection with the agreement.
19. Law compliance
With regards to vehicle warning products, the Customer is to check whether any items you purchase for your vehicle or other application are legal for use in your area or not. In most cases it will come down to common sense but in some cases for custom built light bars then we may question the safety or purpose of any beacon, light bar or other warning device.
United Kingdom users only – the Company will not knowingly sell any vehicular lighting product that contravenes the 'UK Road Vehicle Lighting Regulations, 1989, as amended'.
In respects of all other products, the Customer is solely responsible to comply with any laws and/or applicable legislation when purchasing from the Company.
20. CUSTOMER'S OBLIGATIONS
20.1 To enable the Company to perform its obligations under these Terms the Customer shall:
20.1.1 fully cooperate with the Company;
20.1.2 in a timely fashion provide the Company with any information requested or reasonably required by the Company;
20.1.3 obtain all necessary permissions and consents which may be required before the commencement of the Services; and
20.1.4 comply with such other requirements as may be set out in the Estimate, these Terms or otherwise agreed between the parties.
20.2 The Customer shall be liable to compensate the Company for any expenses incurred by the Company as a result of the Customer's failure to comply with any aspect of Clause 20.1.
20.3 Without prejudice to any other rights to which the Company may be entitled, in the event that the Customer unlawfully terminates or cancels the Products and Services detailed in the Estimate and agreed to in the Order, the Customer shall be required to pay to the Company as agreed damages and not as a penalty amounts as detailed in Clause 13 and the Customer agrees this is a genuine pre-estimate of the Company's losses in any such case. For the avoidance of doubt, the Customer's failure to comply with any obligations under Clause 5.1 shall be deemed to be a cancellation of the Products and Services and subject to the payment of the damages as set out in this Clause.
20.4 In the event that the Customer or any third party, not being a sub-contractor of the Company, shall omit or commit any act or thing which prevents or delays the Company from undertaking, complying with or completing any of its obligations under the Terms, then the Company shall notify the Customer as soon as possible and:
20.4.1 the Company shall have no liability in respect of any delay to the completion of any project;
20.4.2 if applicable, the timeframe for the project will be modified accordingly;
20.4.3 the Company shall notify the Customer at the same time if it intends to make any claim for additional costs.
21. Data Protection
The Company fully respects your right to privacy, and will not collect any personal information about you without your clear permission. Any personal information, which you volunteer to the Company, will be treated with the highest standards of security and confidentiality, strictly in accordance with the Data Protection Act, 1998
The Company does not collect any personal data about you, apart from information which you volunteer (for example by setting up an account, purchasing from us, e-mailing us or by using our online forms). Any information, which you provide in this way, is not made available to any third parties, and is used by the Company only in line with the purpose for which you provided it (for example for quotation purposes).
These terms do not affect your statutory rights.