Mechanical and Electrical Fixings

•  HOME
• ABOUT US
  • Company History
  • Trade Counter
• PRODUCTS
  • Mechanical
  • Electrical
  • Fixings
• FABRICATION
  • Services
• OUR SUPPLIERS
  • Ranges
  • Links
• CONTACT US
  • Contact Details
  • Account Application Form

PRODUCT SEARCH

Mechanical Apollo Pipe Supports Heavy Duty Pipe Supports Phoenlic Block Supports Filbows Brass And Maileable Iron Pipe Rings

Electrical Cable Tray Trunking Conduit And Accessories Basket Trays Plastic Trunking Flexible Conduit Ladder Rack

Fixings Steel Work Fixings Anchor Fixings Metal Farming Fixings Wire Rope The Nuts and Bolts Tools

 

You are here: Home » Terms & Conditions

Terms and Conditions 2007

1. DEFINITIONS

“MEF” means Mechanical and Electrical Fixings Limited (Registered Company Number SC106673). “Mechanical and Electrical Fixings” is the trading name, and is the trademark, of Mechanical and Electrical Fixings Limited “the Conditions” means the conditions specified herein. “Contract” means the individual, firm or company contracting with Mechanical and Electrical Fixings. “Goods” means goods the subject of a contract between Mechanical and Electrical Fixings and the Customer. “Order” means an order for “Goods” a “supply means a supply of Goods under a Contract.

2. INTRODUCTORY

A) A Contract shall be governed exclusively by the conditions Accordingly (i) in the event of any conflict between the Conditions and the standard conditions of trading of the Customer, the former shall apply to the exclusion of the latter, and (ii) in the event of any conflict between the Conditions and the prior communings of Mechanical and Electrical Fixings and the Customer, the former shall apply to the exclusion of the latter.

B) Any variation of the Conditions by the Customer shall be in writing signed by or on behalf of both Mechanical and Electrical Fixings and the Customer.

3. QUOTATIONS

Quotations by Mechanical and Electrical Fixings are merely invitations to treat, and accordingly do not constitute offers to sell.

4. SUPPLY

A) Goods shall be supplied within a reasonable time of receipt of Order. Orders may not be cancelled by the Customer but Mechanical and Electrical Fixings reserves the right to refuse to supply a customer with all or any Goods.

B) Goods shall be supplied at the price ruling at the time of despatch.

C) All Orders are accepted subject to the availability of Goods. Mechanical and Electrical Fixings shall have the right to make deliveries of Orders in part where delivery in full cannot, as a result of unavailability of Goods, be made.

D) The Customer may not return any Goods supplied hereunder unless

i) it has been notified to Mechanical and Electrical Fixings in writing within 5 days of the date of receipt by the Customer of the Goods of any defect in, or damage to the Goods.
ii) It has established to the reasonable satisfaction of Mechanical and Electrical Fixings that such goods are defective or damaged.
iii) The defect or damage is attributable to the fault or negligence of Mechanical and Electrical Fixings employees, agents or carriers.
iv) (where the defect or damage is easily remediable or reparable) it has given Mechanical and Electrical Fixings reasonable opportunity to remedy the defect or repair the damage.
v) it has agreed with Mechanical and Electrical Fixings a time and a date for the return of such goods, and the above shall be cumulative requirements.

E) The Customer shall be deemed to have accepted that the goods supplied by Mechanical and Electrical Fixings are in accordance with the terms of the relevant order in all aspects, unless the Customer notifies Mechanical and Electrical Fixings of any such discrepancy within 48 hours of the delivery of the goods in question to the premises of the Customer at which it was agreed delivery was to be made.

 

5. RISK

Risk in Goods shall pass from Mechanical and Electrical Fixings to the Customer at the earlier of the following times, namely (i) the moment when goods are delivered into the hands of the Customer’s carriers and (ii) the moment when Goods are delivered to the Customer at which it was agreed delivery would be made. Where goods are returned by the Customer they shall remain at the risk of the Customer until received by Mechanical and Electrical Fixings at its premises and such receipt is acknowledged by an authorised employee of Mechanical and Electrical Fixings.

6. TITLE

A) Title to Goods the subject of a supply shall not pass from Mechanical and Electrical Fixings to the customer until all sums due from the Customer to Mechanical and Electrical Fixings on whatever grounds shall have been paid in full.

B) Where title Goods has not been passed to the Customer.
i) Mechanical and Electrical Fixings shall be entitled (i) to call upon the Customer to return them at any time upon the occurrence of any events specified in Condition 10 below. In the event of the Customer failing to comply with a call for the return of goods Mechanical and Electrical Fixings shall be entitled to enter the premises of the Customer to uplift the goods the title to which has not passed to the Customer and the Customer shall permit (or shall procure the permission by third parties of) such entry, and (ii) to require the customer not to resell or part with possession of such goods.

ii) Such Goods may be re-sold by the Customer at a non-remunerated agent of Mechanical and Electrical Fixings provided that, in that case, the Customer shall hold the proceeds for sale for the benefit of Mechanical and Electrical Fixings and shall be liable to account the Mechanical and Electrical Fixings therefore.
iii) Goods shall be stored at the premises of the Customer so as to be both recognisable as the property of Mechanical and Electrical Fixings and identifiable by reference to a particular invoice of Mechanical and Electrical Fixings.

7. PAYMENT

A) Subject to sub cause (E) hereof, the customer shall pay in full an invoice in respect of a Supply within 30 days of the end of the calendar month in which the Goods are supplied to the Customer or such other date as Mechanical and Electrical Fixings may specify in writing.

B) Where the Customer fails to pay an invoice in accordance with sub-clause (A) above, interest on the unpaid amount shall accrue from day to day from the date upon which such amount is due and payable until payment in full has been made. Such interest shall accrue at the rate of 4 per cent per annum above the base rate of Bank of Scotland, and shall be deemed to an amount due in terms of the invoice.

C) The Customer shall not under any circumstances be entitled to withhold payment under any invoice, or set-off any amount due under an invoice against, any amount alleged to be owed by Mechanical and Electrical Fixings to the Customer, whether in respect of the same Supply or in respect of another Supply or otherwise.

D) The Customer shall be deemed to accept the total amount due specified in any invoice issued by Mechanical and Electrical Fixings unless the Customer notified Mechanical and Electrical Fixings that it does not accept such amount within 15 days of the issue by Mechanical and Electrical Fixings of the first statement to the Customer or otherwise.

E) Mechanical and Electrical Fixings reserves the right to demand immediate repayment of the amount due to Mechanical and Electrical Fixings, under any invoice raised in respect of a Supply, in the event of a Customer becoming, in the opinion of Mechanical and Electrical Fixings formed on reasonable grounds, unable to pay its debts as they fall due.

 

8. WARRANTY

No Warranty as to the fitness of Goods for a particular purpose is given by Mechanical and Electrical Fixings unless intimation in writing that the Goods are to be bought for a particular purpose has been given by the customer to Mechanical and Electrical Fixings and Mechanical and Electrical Fixings has accepted such intimation in writing. Before using, the User shall determine the suitability of the product for his intended use and uses and assumes all risk and liability whatsoever in connection therewith. The foregoing may not be charged except by an agreement signed by officers of the seller and manufacturer. All other warranties which may be lawfully excluded are hereby excluded. This warranty shall be the full extent of Mechanical and Electrical Fixings’s liability hereunder and Mechanical and Electrical Fixings accordingly disclaims all other liability for loss or damage howsoever caused arising out of the purchase, possession, use or resale by the Customer of the Goods provided that nothing herein shall exclude the liability of Mechanical and Electrical Fixings for death or personal injury resulting directly from the fault or negligence of Mechanical and Electrical Fixings, its employees or agents. In any event Mechanical and Electrical Fixings’s liability is limited to the value of the goods supplied by Mechanical and Electrical Fixings and not under any circumstances for any consequential loss or damage arising directly or indirectly out of the goods supplied by Mechanical and Electrical Fixings.

9. FORCE MAJEURE

Mechanical and Electrical Fixings shall not be under any liability to the Customer for any loss suffered by the Customer arising our of the failure of Mechanical and Electrical Fixings to fulfil its obligations hereunder where such failure is due to events outwith the control of Mechanical and Electrical Fixings (which events shall include, but shall not be limited to, acts of God, war, civil unrest, strike, lock-out or other industrial actions, and transport failure.)

10. TERMINATION

Mechanical and Electrical Fixings may by summary notice given verbally or in writing terminate a Contract on the happening of any of the following events:-

A) where the Customer is an individual or a firm.
i) the presentation of a petition or the sequestration of the estate of the Customer.
ii) the Customer’s becoming, in the opinion of MECHANICAL AND ELECTRICAL FIXINGS formed on reasonable grounds, unable to pay its debts as they fall due.

B) where the Customer is a company.
i) the making of an order, or the passing of a resolution, for the winding up of the Customer (other than for the purpose of a reconstruction previously approved in writing by Mechanical and Electrical Fixings).
ii) the appointment of a receiver or administrator of any property of the Customer.
iii) the proposal of a voluntary arrangement under Part 1 of the Insolvency Act 1986 in respect of the affairs of the Customer.
iv) the cessation by the Customer from making payment generally of its debts legally due.
v) the Customer’s becoming unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986, and, where the Contract is so terminated Mechanical and Electrical Fixings may, without prejudicing any of its other rights and without exposing itself to liability to the Customer thereby, suspend or withhold delivery of an stop goods in transit.

11. TERMS OF PURCHASE

Where Mechanical and Electrical Fixings is a purchaser the terms under which Mechanical and Electrical Fixings enters into a purchasing contract can be obtained on request.

12. LAW TO JURISDICTION

(A) The Conditions and any Contract shall be construed and given effect to according to Scottish Law.

(B) The Customer/Supplier hereby prorogates the exclusive jurisdiction of the Scottish Courts.