Legal Stuff

TERMS OF CONTRACT - click here to download a PDF of terms of contract

1. QUOTATION AND PRICE VARIATION - quotations are based on current cost of production and unless otherwise agreed are subject to amendment by Macpac Ltd (hereinafter referred to as “The Company” ) on or at any time after acceptance to meet any rise or fall in such
costs.

2. PRELIMINARY WORK - all work carried out, whether experimentally or otherwise, may be charged for.

3. SAMPLE - samples may be charged for at the discretion of the company. Samples will be destroyed after three months.

4. DELIVERY - (a) delivery of work shall be accepted when tendered and thereupon or, if earlier, on notification that the work has been completed goods shall pass and payment shall become due.
(b) carriage extra unless stated on quotation.
(c) should expedited delivery be agreed an extra cost may be charged to cover any overtime or any other additional cost involved.
(d) should work be suspended at the request of or delayed through default of the customer for a period of 30 days the company shall then be entitled to payment for work already carried out, materials specially ordered and other additional costs including storeage, without prejudice
to the company’s right to claim for the full contract price.

5 PAYMENT - (a) terms are strictly net. Payment is due within thirty days following the end of the month of despatch.
(b) the company may withold deliveries or cancel the contract of sale of any goods if at the time such delivery is due, any sums due to the
company from the buyer shall be outstanding. The company shall be entitled to claim against the buyer for any loss or damages sustained in consequence of the non-completion of the contract.
(c) in addition to any right of lien which the company may have by law. The company shall also have a general lien in the event of the buyers insolvency or liquidation over all goods belonging to the buyer in the company’s possession ( although such goods or some of them have been paid for) for the unpaid price of goods sold and delivered by the company to the buyer on the same or any other contract.
(d) in default of payment, interest may be charged at a rate of 8% per annum above current Bank of England base rate from the date payment is due, together with the cost of recovery.

6 TITLE - until such time as all sums due to the company from the buyer (whether in respect of goods delivered to the buyer by the company) have been paid in full the provisions of this condition shall have effect:
(a) all goods delivered by the company to the buyer will remain the property of the company to the intent that the whole legal and beneficial interest shall remain that of the company.
(b) if the buyer becomes insolvent or being a body corporate has a receiver appointed or passes a resolution for winding up or if a court makes
an order to that effect or being an individual or partnership makes any composition or arrangement with his or their creditors or has a
receiving order made against him or if the buyer shall be in breach of these conditions then the company shall be at liberty to enter onto any premises as necessary and forthwith remove and repossess all goods which remain the property of the company in accordance with this condition.
(c) no provision of this condition shall be deemed to cause a mortgage or charge of the property or undertaking of the buyer or any part thereof that have been created by the buyer in favour of the company.
(d) until title of the goods passes, the buyer upon request of the company shall promptly inform the company of the whereabouts of the goods.

7 VARIATION IN QUANTITY - every endeavour will be made to deliver the correct quantity of goods ordered, but deliveries are conditional upon margins of 5%

8 CLAIMS - advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to the company and the carrier, if appropriate, within three clear days of delivery (or in the case of non-delivery, within twenty eight days of despatch of goods). Any other claim must be made in writing within twenty eight days of delivery. The company shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the customer proves that (I) it was not possible to comply with the requirements and (ii) advice (where required) was given and the claim made as soon as reasonably possible.

9 LIABILITY - the company shall not be liable for loss to the customer arising from delay in transit not caused by the company.

10 CUSTOMERS PROPERTY - TOOLING - all tooling may be held by the company for the duration of the contract.Customer’s property and all the property supplied to the company by or on behalf of the customer while it is in the possession of the company shall be deemed to be at the customer’s risk unless otherwise agreed.

11 INSOLVENCY - if a customer ceases to pay his debts in the ordinary course of business or cannot pay his debts as they become due or being a company is deemed to be unable to pay its debts or has a winding up petition issued against it or being a person commits an act of bankruptcy or has a bankruptcy petition issued against him, the company without prejudice or other remedied shall:
(i) have the right not to proceed further with any contract or any other for the customer and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the customers, such charge to be an immediate debt to him and (ii) in respect of all unpaid debts due from the customer have a general lien on all goods and property in his possession (whether worked on or not) and shall be entitled on the expiration of fourteen days notice to dispose of such goods or property in such manner and at such price as he thinks fit to apply to the proceeds towards such debts.

12 FORCE MAJEURE - the company shall be under no liability if he shall be unable to carry out any provision of the contract for any reason beyond his control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, tempest, failure to power supply, lockout, strike or other action taken by employees on contemplation of furtherance of a dispute owing to an inability to procure materials required for the performance of the contract. During the continuance of such a contingency the customer may by written notice to the company elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.

13 LAW - these conditions and all other express terms of contract shall be governed and construed in accordance with the laws of England.