Offering High quality household and personal care products in superb packaging at exceptional value, all manufactured in Manchester.
Tel: 0161 231 6111

TERMS & CONDITIONS OF SALE

1. INTERPRETATION

The definitions and rules of interpretation in this condition apply as such:

Company: MPM Consumer Products Limited

Buyer: The person, firm or company responsible for the purchase of goods from the Company.

Contract: Any contract between the Company and the buyer for the sale and purchase of the goods incorporating these conditions.                                   

i). All orders and contracts placed with the company will be accepted and executed solely in accordance with the conditions set out below, whether or not the Buyer’s conditions of Purchase Order or Acceptance purport to disclaim or negate any of the following conditions.

ii). Quotations and prices are subject to withdrawal or alteration without notice.

iii). Contracts shall be governed by and construed by the English Law.

2. PRICES:

i). All prices are net unless otherwise stated. All quotations are made and orders accepted on the basis that should costs rise for any reason over those prevailing at the date of the contract, the Company reserves the right to vary prices during the currency of any contract bases hereon.

ii). All quotations and prices are exclusive of Value Added Tax (VAT).

iii). Cancellation of any order for whatever cause can be made only with the Company’s consent and on payment of all costs incurred.

iv). Any sums due under any invoice shall bear interest at the rate of interest prescribed under the Late Payment of commercial Debts (Interest) Act 1998 and regulations made thereunder, on the value of the invoice (or such part thereof as is unpaid) from the due date for payment until the date of actual payment, such interest to be calculated on a daily basis.

v). In the event that the Company employs solicitors or other agencies to collect all or any sums due from the Customer to the Company the costs so incurred by the Company shall be payable by the Customer in addition to the amount of the invoice and any interest thereon and such costs shall not be limited to those recoverable under a court action.

3. PAYMENT TERMS:

i). Payment shall be made no later than thirty days after the invoice date without any discount or other deduction and without detriment or set off on account of disputes or cross claims unless agreed in writing.

ii). All payments payable to the company under the Contract shall become due immediately on its termination despite any other provision.

iii). The buyer shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the buyer has a valid court order requiring an amount equal to such deduction to be paid by the Company to the buyer.

iv). In the event of our not receiving payment for whatever reason on the due date of any sum then without prejudice to any other right that we may have, we shall be entitled to claim interest on such sums accruing from the due date at the rate of 2.5% per annum above the base rate at Natwest Bank Plc current at that time. The Company reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.

4. SPECIFICATIONS:

i). Except as provided for in Clause 4 ii) no guarantee is given that goods supplied will conform in detail with any descriptions and illustrations in our catalogues or brochures or with any others on which any quotation may be based or with any samples submitted and none of these shall form part of the contract. We reserve the right to substitute suitable materials for any specified or used in samples.

ii). Specifications specifically prepared by the Company for the purposes of a contract shall form part thereof unless the company stipulates otherwise. The Buyer shall accept variations in size and specification consistent with normal manufacturing tolerances.

5. OWNERSHIP OF THE GOODS:

i). The risk of the goods shall immediately pass to the Buyer upon delivery of the goods into the custody care or control of the Buyer or its warehousemen, bailees or agents or to the carriers and the Buyer thereafter shall be responsible for all claims, actions and losses arising out of or in any way associated with the goods.

ii). Unless and until the Company shall have been paid in full for the goods comprises in the order placed by the Buyer and all other outstanding monies due to the Company have been paid:

a). Property in the goods shall remain in the Company

b). The Buyer will maintain and store the goods for the Company in a proper and easily identifiable manner insured in their full replacement value without charge to the Seller.

iii). If the Buyer uses, sells or disposes of the goods before payment in full is received by the Seller, the Buyer shall be under a fiduciary duty to the Seller to account to the Company for such part of the proceeds of such use sale or disposal and shall hold on trust for the Company any rights or claims against the transferee arising therefrom as may be required to satisfy all amounts due to the Seller under the contract.

iv). On termination of the contract, howsoever caused: The buyer shall purchase all and any product packaging/raw materials associated with the buyer’s pack specifications held by the Company for the purpose of producing the Buyer’s goods and any finished stock held by the Company but not yet delivered to the Buyer at a price calculated at cost plus 3%.

v). If any default is made in due and punctual payment of the price for the goods or any instalment thereof or the Company has reason to believe the goods are in jeopardy or that the Buyer is unable to pay for the goods, the Company may without prejudice to any of its other rights retake and/or sell the goods and enter into the Buyers premises for that purpose.

6. DESPATCH:

i). The Company will not be responsible for non-delivery or for the delay in delivery or for any loss or damage caused directly or indirectly by reason of fire or breakdown of the Company’s works, Act of God, war, strikes, lock-outs, shortages of raw materials or by any other circumstances outside the Company’s control. In such cases the Company may suspend orders or withdraw quotations.

ii). Dates of delivery are not guaranteed and under no circumstances shall the Company be liable for any consequential loss or damage arising from any delay in delivery or by any failure to deliver. Late deliveries shall not be grounds for cancellation of an order.

iii). Should despatch or collection of goods ready for delivery be delayed for any reason for which the Buyer is reponsible, the Company reserves the right to render an invoice and call for payment for the goods and to arrange for storage of the goods at the Buyer’s expense.

iv). If for any reason the Buyer fails to accept delivery of any of the Goods when they are ready for delivery, or the Company is unable to deliver the Goods on time because the Buyer has not provided appropriate instructions, documents, licences or authorisations:

a) Risk in the Goods shall pass to the Buyer (including for loss or damage caused by the Company’s negligence).

b) The Goods shall be deemed to have been delivered ; and

c) The Company may store the Goods until delivery, whereupon the Buyer shall be liable for all related costs and expenses (including, without limitation, storage and insurance).

7. FORCE MAJEURE:

The Company reserves the right to defer the date of delivery or to cancel the contract or reduce the volume of the Goods ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Company including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic. Lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 90 days, the buyer shall be entitled to give notice in writing to the Company to terminate the Contract.

8. RETURN OF GOODS:

i). No credit will be given for goods returned without the Company’s written permission.

ii). Unless otherwise agreed in writing no goods supplied by the company to the Buyer are on sale or return or sample basis and no goods once delivered may be returned to the Company without prior written authority from the Company unless those goods are accepted by the Company as being defective in some way. In the event of a return being authorised by the Company the Company shall have the right to charge carriage to and from the delivery location and the costs involved in the removal of the goods from the Buyer’s premises.

9. LOSS OR DAMAGE IN TRANSIT:

i). No claim for loss or damage in transit will be entertained unless notice in writing (other than on the Company’s or its carriers documents) has been given by the consignee to both the Company and the carriers receiving station or depot within the specified time limits as follows:

a) Partial loss, damage or non-delivery of any separate part of a consignment – to be notified within two days of delivery or the consignment or part consignment.

b) Non-delivery of a whole consignment – to be notified within fourteen days of notification of despatch of invoice.

c) If the Buyer has acknowledged receipt of the goods by a signature given to the carrier or person delivering without any qualification, then no claim will be entertained.

10. CLAIMS FOR DEFECTS:

i). The Buyer is advised to inspect goods immediately on arrival. Any claim for a failure of goods to be in accordance with the contract which ought to be revealed by a reasonably diligent examination must be notified to us in writing within SEVEN days of receipt of such goods. If no notice is received within seven days the goods will be deemed to be in all respects in accordance with the contract and the buyer will be bound to accept them.

11. WARRANTY:

i). Save as provided in sub clause ii), iii) and iv) of this clause all warranties, conditions, guarantees or representations, express or implied, statutory or otherwise are hereby excluded and the Company shall not be liable for any loss, damage, expense or injury of any kind whatsoever, consequential or otherwise, arising out of or due or caused by any defects or deficiencies of any sort in the goods supplied by the Company and whether such defects are caused by negligence of the Company or its servants or agents otherwise.

ii). The Company agrees to make good by replacement or repair, defects which arise solely from faulty materials or workmanship within a period of 90 days of delivery, provided that the Company is notified in writing of the defect and is given the opportunity to view and collect such goods and if required the goods are promptly returned free to the Company’s premises.

iii). The Company does not exclude its liability for death or personal injury and accepts liability for any breach on the part of the Company of any undertaking as to title, quiet possession and freedom from encumbrance which may be implied by Section 12 of the Sales of Goods Act 1979.

iv). This clause shall not deprive a Purchaser dealing as a consumer pursuant to Section 12 of the Unfair Contract Terms Act 1977 of this statutory rights.

12. LIMITATION OF LIABILITY:

i). Without prejudice to sub-clause iii) and iv) of Clause 10 above the amount of damages recoverable by the Purchaser from the Company for breach of contract or negligence shall be limited to the invoice price of the goods.

ii). Nothing in these conditions excludes or limits the liability of the Company for:

a) Death or personal injury caused by the Company’s negligence; or

b) Under section 2 (3) Consumer Protection Act 1987 or

c) For any matter which it would be illegal for the company to exclude or attempt to exclude its liability or:

d) For fraud or fraudulent misrepresentation.

The Company shall not be liable to the Buyer for any pure economic loss, loss or profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.

13. INDEMNITY:

i). The Buyer shall indemnify the Company against all actions, claims or demands in respect of any loss, injury or damage sustained by a third party (howsoever caused) arising directly or indirectly in connection with the use, functioning condition or state of goods after the receipt by the Buyer or after the property therein has passed from the Company, whichever is the earlier.