- Our Contract
- Price & Payment
- Delivery & Title
- Availability
- Cancellation & Returns
- Liability
- Termination
- Force MaJeure
- General
- VAT
- Sash Weight Calculation
- Design and Reproduction
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| 1. |
Our Contract
These Terms and Conditions govern the supply of goods sold by Mighton Products Ltd ("we" and "us") to the customer named on the order form provided on the Mighton Products website or in a Mighton Products catalogue ("you"). Together with the completed order form, these Terms and Conditions constitute the entire and only agreement between us in relation thereto. Our acceptance of your order by delivery of the goods constitutes a legally binding contract between us on these terms and conditions.
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| 2. |
Price & Payment
2.1 The price payable for the goods you order is as set out on our website at the time you place your order or, if you order from one of our catalogues, as set out in the catalogue from which you order provided it is a current catalogue, plus any charges for carriage and insurance as set out in the order form.
2.2 Subject to clause 2.3, we must receive payment for the whole of the price of the goods you order, and any applicable charges for carriage and insurance, before your order can be accepted unless we have agreed otherwise in advance in writing.
2.3 If you are an account customer, payment shall be made in full at the end of the month following date of invoice. Time shall be of the essence for payment. We may revoke credit if you fail to make payment when due. If payment is not made when due, interest is payable at the rate of 3 per cent over HSBC's then current base rate on the amount outstanding from the due date for payment until receipt by us of the full amount (including any accrued interest) whether before or after judgement, together with any reasonable legal or other recovery costs.
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| 3. |
Delivery & Title
Unless you tell us you wish to collect the goods, we will deliver them in accordance with your order. A valid signature will be required on collection or delivery. Immediately prior to despatch of the goods to you, title in the goods will pass to you. In the unlikely event that you have not received all the goods within 3 days of the date of delivery , you must notify us immediately.
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| 4. |
Availability
While we endeavour to hold sufficient stock to meet all orders, if we have insufficient stock to supply or deliver the goods ordered and paid for by you, we may, at our discretion, supply or deliver a substituted product or refund you the price paid for such goods as soon as possible and in any case within 30 days or, in the case of an account customer, we may, in our absolute discretion, as soon as possible raise a credit to offset the amount invoiced to you.
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| 5. |
Cancellation & Returns
5.1 You may cancel your order by giving us notice of cancellation within 30 days of the date of collection or delivery. Such notice may be given by mailing, faxing or emailing to the number or address set out on the order form. If you are cancelling because of any problem with the goods, please notify us of the problem at the time of cancellation.
5.2 On cancellation, you must return the goods to us at your cost unless the goods are being returned because they are faulty, incorrect goods or because of unsuitable substitution by us, in which case we will meet the cost of return but we ask that you allow us to nominate the carrier.
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| 6. |
Liability
If you have notified us of a problem with the goods, we will either make good any shortage or non-delivery; replace or repair any goods that are damaged or defective upon delivery; or refund to you the amount paid by you for the goods in question. We will not be liable to you for any loss of profits, administrative inconvenience, disappointment, indirect or consequential loss or damage arising out of any problem in relation to the goods and we shall have no liability to pay any money to you by way of compensation other than any refund we make under these conditions. This does not affect your statutory rights as a consumer, nor is it intended to exclude our liability to you for fraudulent misrepresentation or for death or personal injury resulting from our negligence.
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| 7. |
Termination
We may suspend further supply or delivery, stop any goods in transit or terminate our contract by notice in writing to you if you are in breach of an obligation hereunder or you become unable to pay your debts when they fall due or proceedings are commenced by or against you alleging bankruptcy or insolvency. Upon termination, your indebtedness to us becomes immediately due and payable and we shall be under no further obligation to supply goods to you.
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| 8. |
Force Majeure
We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder that is caused by any event or circumstance beyond our reasonable control (including, without limitation, strikes, lockouts and other industrial disputes).
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| 9. |
General
If any part of these conditions is invalid, illegal or unenforceable (including any provision in which we exclude our liability to you) the validity, legality or enforceability of any other part of these conditions will not be affected. This contract shall be governed by and interpreted in accordance with English law.
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| 10. |
VAT
All prices exclude VAT at 17.5% subject to changes in taxation.
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| 11 |
Sash Weight Calculation
The onus is on the customer to supply accurate glazed weights of sashes when balances or weights are ordered Our software can calculate approximate weights based on a common industry wide formula which has been used succesfully for 25 years with little problem. We will not be liable to you for any loss of profits, administrative inconvenience, disappointment, indirect or consequential loss or damage arising out of any problem in relation to the goods and we shall have no liability to pay any money to you by way of compensation other than any refund we make under these conditions. Balances or weights that prove erroneous will have to be returned to us at your expense.
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| 12 |
Design and Reproduction
Drawings, photographs, part numbers, layout and style are considered property. Reproduction in whole, or in part, strictly prohibited without written permission. Quantities and measurements are approximate. Trademarks acknowledged. Exact products may vary from that shown. All products subject to availability.
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