Mi-Flues, flexible flue liner manufacturer and chimney parts distributor

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TERMS AND CONDITIONS OF TRADE
1. GENERAL
In these conditions "Seller" means Mi-Flues and "Buyer" means any persons or corporate body, who accepts a quotation of the Seller for the sale of goods or whose order for goods is accepted by the Seller.
All tenders and quotations are submitted and all orders accepted solely upon and subject to the following terms and conditions to the exclusion of all other terms and conditions except such (if any) as are specifically accepted by the Seller in writing. 
Acceptance of delivery by the Buyer shall be conclusive evidence of acceptance of these terms and conditions by the Buyer. 
The Seller does not warrant that any goods are fit for any purpose other than that for which it is manufactured.

2. QUOTATIONS
Quotations are submitted on the understanding that goods supplied will be invoiced at prices
ruling at the date of despatch unless otherwise agreed in writing.

3. DELIVERY
(i) Time for delivery of goods is given as accurately as possible but is not guaranteed unless agreed in writing. Time shall not in any circumstances be of the essence of the contract.
(ii) 	(a) Delivery of the goods shall be at the place of delivery. 
(b) Delivery shall be made by the Seller giving the Buyer possession of the goods on the delivery date and at the place of delivery. In the event that the Buyer has not made such arrangements delivery may be made by the Seller leaving goods at the place of delivery during the hours of 5.00am and 5pm as long as a signature for proof of delivery can be obtained
(iii) During unloading at the Buyers premises, the Seller shall be deemed to act as agent of the Buyer under the Buyers supervision.
(iv) In the case of goods to be supplied by instalments, each delivery shall constitute a separate contract and failure by the Seller for any reason to deliver one or more instalments shall not entitle the Buyer to treat the contract as repudiated.

4. CANCELLATION / VARIATIONS AND RETURNS
(i) Cancellation of an order cannot be accepted or goods returned for credit unless previously agreed to in writing by the Seller and in the case of goods returned for credit, proof of the original purchase is provided in the form of a delivery note or invoice.
(ii) No variation of any order shall be binding upon the Seller unless the same shall be agreed in writing.
(iii) In the event that the Seller agrees in writing to accept the return of stock items, a charge of 20% of invoice price will be made, such sum representing a reasonable pre-estimate of the Seller's average costs of collection and administration. Stock items means items normally held in stock by the Seller.
(iv) Items specially ordered or manufactured or not normally held by the Seller as stock and will not be accepted for return and credit.
(v) Any goods accepted by the Seller for credit must be returned in re-saleable condition.
(vi) Where the Buyer deals as a consumer he shall be entitled to cancel the contract within seven working days following the placing of the order by sending written notification to the seller.

5. LOSS OR DAMAGE IN TRANSIT
(i) Goods will normally be despatched by the Seller's own transport. In such cases the Seller will replace, free of charge, goods damaged or lost in transit provided that written notification is given to the Seller within three days of delivery.
(ii) Goods despatched by carrier will be at the Buyer's risk as regards damage, but will be insured under the carrier's insurance where available. Total non-delivery must be advised within four days of despatch date.

6. INSPECTION/SATISFACTION
The Buyer shall inspect the goods immediately on arrival thereof and shall note shortages or damage on the delivery note and give notice to the Seller by telephone, fax or email within three days, with full details of any claim.
The buyer will be bound to take delivery of the goods not withstanding that the quantity of goods is either 5% greater or less in quantity than the goods ordered. In the event any such discrepancy the price shall be adjusted accordingly.

7. PACKAGING
Packages where appropriate will be charged by the Seller to the Buyer and credited in full
when returned to the Seller's depot in good condition.

8. TITLE IN THE GOODS
(i) Notwithstanding delivery and the passing of risk in the goods, or any other provision of these conditions, the property and the goods shall not pass to the Buyer until the Seller has received, in cash or cleared funds, payment in full of the price of the goods and all the other goods agreed to be sold by the Seller to the Buyer for which payment is then due.
(ii) Until such time as the property in the goods passes to the Buyer, the Buyer shall hold the goods as the Seller's fiduciary agent and bailee and shall keep the goods separate from those of the Buyer and third parties and properly stored, protected and insured and identified as the Seller's property, but shall be entitled to re-sell or use the goods in the ordinary course of its business.
(iii) Until such time as the property in the goods passes to the Buyer (and provided the goods are still in existence and have not been resold) the Seller shall be entitled at any time to require the Buyer to deliver up the goods to the Seller and, if the Buyer fails to do so forthwith, to enter upon any premises of the Buyer or any third party where the goods are stored and repossess the goods.
(iv) The Buyer shall not be entitled to pledge or in any way charge by way of security indebtedness, any of the goods which remain the property of the Seller, but if the Buyer does so, all monies owing by the Buyer to the Seller shall (without prejudice to any right or remedy of the sale) forthwith become due and payable.

9. INSOLVENCY OF BUYER
(i) This clause applies if: 
(a) the Buyer makes any involuntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purpose of amalgamation or reconstruction); or  (b) an encumbrance takes possession or a receiver is appointed of any of the property or assets of the Buyer; or 
(c) the Buyer ceases or threatens to cease to carry on business; or 
(d) the Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly. 
(ii) If this clause applies then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the contract or suspend any further deliveries under the contract without any liability to the Buyer and if the goods have been delivered but not paid for, the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.

10. TERMS OF PAYMENT:-

(i)Credit Accounts:-   The Buyer shall pay the price of the goods no later than the end of the month following the month of invoice (30 days end of month) and the Seller shall be entitled to recover the product not withstanding that delivery may not have taken place and the property and the goods have not passed to the Buyer. The time of payment of the price shall be the essence of the contract.

(ii) Subject to any special terms agreed in writing between the Seller and the Buyer, the Seller shall be entitled to invoice the Buyer for the price of the goods on or at any time after delivery of the goods, unless the goods are to be collected by the Buyer or the Buyer wrongfully fails to take delivery of the goods, in which event the Seller shall be entitled to invoice the Buyer for the product at any time after the Seller has notified the Buyer that the goods are ready for collection or (as the case may be) the Seller has tendered delivery of the goods.

(iii) If the Buyer fails to make payment on the due date, the Seller may: 
(a) cancel the contract or suspend any further deliveries to the Buyer; 
(b) appropriate any payment made by the Buyer to such of the goods "or the goods supplied under any other contact between the Seller and the Buyer" as the Seller may think fit (notwithstanding any purported appropriation by the Buyer); and 
(c) charge the Buyer interest (both before and after any judgement) on the amount unpaid at the rate of 5% per annum above the Barclays Bank plc base rate from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest). Business clients will be charged interest in accordance with the Late Payments of Commercial Debts (Interest) Act 1998.

Credit Card and Shop Only payments:- The Buyer shall pay the price of the goods no later than the end of the current Transaction. The Seller shall be entitled to recover the product not withstanding that delivery may not have taken place and the property and the goods have not passed to the Buyer. The time of payment of the price shall be the essence of the contract. 

11. DEFECTIVE MATERIAL AND GOODS
(i) Subject to condition 11(iii) the Seller agrees to replace or repair at its option goods supplied by it and proved to its satisfaction to be faulty. Provided that such fault is notified in writing to the Seller within 30 days from the date of despatch from the Seller's works of such faulty goods and before installation of the material. Any free replacement shall include free delivery to the Buyer's premises.
(ii) Subject as expressly provided in these Conditions, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
(iii) Under no circumstances shall the Seller have any liability of whatever kind for: 
(a) any defect resulting from wear and tear, faulty installation, accident, improper use by the Buyer or use by the Buyer except in accordance with the instructions or advice of the Seller or the manufacturer of any goods or neglect or from any instructions or materials provided by the Buyer; 
(b) any goods which have been adjusted, modified or repaired; 
(c) the suitability of any goods for any particular purpose or use under specific conditions whether or not the purpose or conditions were know or communicated to the Seller 
(d) any technical information, recommendations, statements or advice furnished by the Seller, its servants or agents not given in writing in response to a specific written request from the Buyer before the contract is made; or 
(e) any variations in the quantities or dimensions of any goods or changes of their specifications or substitution of materials or components, if the variation or substitution does not materially affect the characteristics of the goods, and the substituted materials or components are of a quality equal or superior to those originally specified

12. LIABILITY
(i) The Seller's liability whether in respect of one claim or in the aggregate arising out of any contract shall not exceed the purchase price payable under the contract. 
(ii) Except as specifically provided in these Conditions, and for death or personal injury resulting from the Sellers negligence, no liability is accepted for any direct or indirect costs, damages or expenses relating to damage to property or injury or loss to any person, firm or company or for any loss of profits or production arising out of or occasioned by any defect in or failure of goods or materials or parts thereof supplied by the Seller.
(iii) The Seller will not be held responsible for unusual wind conditions or turbulence or climatic conditions or geographical conditions which may affect the operation of any chimney and/or appliance. It is for the Buyer to satisfy himself of the suitability of any product intended to be used in any particular location.
(iv) The seller will not be held responsible for opinions expressed by it's sales team regarding suitability for installation or performance of it's  products. 

13. FORCE MAJEURE
The Seller shall be under no liability for any delay, loss or damage caused wholly or in part by Act of God, Governmental restriction condition or control or by reason of any act done or not done pursuant to a trade dispute whether such dispute involves the Seller's employees or not or by reason of any other matter or thing beyond the reasonable control of the Seller.

14. LAW APPLICABLE
All contracts are deemed to be entered into in England and shall be governed and construed in accordance with English law and the jurisdiction shall be the courts of England.

In the event of the Seller assigning its rights under this contract, the Buyer shall not be entitled to raise any counterclaim or set-off the Buyer may have against the Seller, against the assignee in answer to any claim for payment by the assignee.
Where the Buyer is a consumer, the Buyer's statutory rights remain unaffected by the provisions of these conditions.
· Taymin Business Park, Mitcham Road, Blackpool, Lancashire, FY4 4QN. · Tel:01253-600060 · Fax:01253-600061 · E-mail:sales@mi-flues.com ·
· Company Reg:03277400 · VAT Reg:686 0452 19 · © 2023 Mi-Flues Limited ·
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