Matryx Conditions of Sale
1.1 ‘Company’ MATRYX
1.2 ‘Customer’ the Customer of the Company
1.3 ‘Contract” any Contract entered into for the supply of Goods by the Company to the Customer.
1.4 ‘Goods’ any goods forming the subject matter of any Contract.
Quotations, Contracts and Variations
2.1 Unless otherwise agreed in writing by the Company, quotations may be withdrawn at any time
2.2 These conditions shall be incorporated in all Contracts to the exclusion of any terms or conditions referred to by the Customer and supersede any previous conditions of sale of the Company. Acceptance by or on behalf of the Customer of any delivery or performance tendered by the Company shall in any event be conclusive evidence of the Customer’s acceptance of these conditions.
2.3 No amendment of any Contract or these conditions shall bind the Company unless in writing and signed by a Director of the Company.
3.1 The Company’s prices exclude VAT
3.2 The Company’s prices may be varied at any time by the Company without notice
4.1 All amounts due to the Company, unless otherwise agreed in writing, shall be payable in pounds sterling not later than 30 days from the day of invoice without any discount set-off or other deduction whatsoever. After 30 days all pending deliveries will be suspended until full payment is received.
4.2 Without prejudice to any other rights of the Company, the Customer shall pay all legal and other costs incurred by the Company in recovering any amounts owing from the Customer and any Goods in which title has been retained by the Company. Such costs shall be due for payment immediately on invoice
4.3 If the Customer fails to make any payment when and as due or other circumstances entitling the Company to terminate the Contract arise or if the Customer exceeds any financial limit or the Company’s account (if any) from time to time applied by the Company then the price of all such goods as have been delivered or prepared for any order or orders of the Customer shall forthwith thereupon become immediately due and payable.
5.1 Orders must be placed in full pallet quantities (Mixed as applicable)
5.2 If any item ordered is not in stock, the Company will endeavour to advise the Customer a best estimate of delivery date. This estimate may be subject to change without notice, and does not constitute a contractural obligation by the Company to supply goods by a certain date.
5.3 In the event of an out of stock situation part orders may be delivered by the Company, but these must equate to full pallet quantities.
5.4 In the event the Company despach and invoice a part order, outstanding balance orders will automatically be cancelled unless the Company has been instructed otherwise by the Customer. Balance orders will only be kept on the system as long as the quantity equates to a full pallet or multiple of full pallets.
5.5 Once an order is placed the Company is unable to guarantee that further additions will be processed in time to be despached with the original order. All additions must equate to a full pallet quantity, or multiples of full pallets.
Delivery and Risk
5.1 The Company reserves the right to supply the Goods from any of its sites or those of any of its associated companies or from any other location. If the Company so agrees the Goods may be collected by the Customer in which event the Customer shall
collect them without delay at the time at which the Company notifies the Customer they are ready for collection,
5.2 Goods are delivered and risk in them shall pass to the Customer when they are placed at the Customer’s disposal at the delivery point stated in the Company’s advice note or (if the Company has agreed that they are to be collected by the Customer) at the point from which they are to be se collected unless otherwise agreed in writing the Company shall not be responsible for any
unloading or placing in position of any Goods and reserves the right to deliver at the nearest point of suitable access.
5.4 The Company’s acceptance of any order from the Customer is subject to its having or being able to obtain sufficient stocks of material to perform the Contract and it reserves the right if it considers that this condition is not or may not be met for whatever reason, by giving notice to the Customer at any time, to terminate or at its option suspend its perfomance of this Contract without liability to the Customer
5.5 The Company will endeavour subject to these conditions to comply with any date given by it but shall not be liable for any loss damage or expense arising from any delay or failure in delivery or performance from any cause whatsoever nor shall any such delay or failure entitle the Customer to refuse to accept any delivery or performance or repudiate any Contract
5.6 If the Customer fails to take delivery of any Goods when tendered or to provide adequate delivery instructions or to collect them when notified they are ready for collection the Company at its discretion may exercise any or all of the following rights namely, to store the Goods at the risk of the Customer to require the Customer pay all storage, transportation, handling or other charges (Including expenses in connection with the delay or detention of vehicles) incurred by the Company as a result of such
failure or to require the Customer to pay for the Goods as though delivery had taken place.
6.1 Notwithstanding the earlier passing of risk, title in the Goods shall remain with the Company and not pass to the Customer (who shall nevertheless, subject to the conditions stated below be entitled to resell them as principal only and to use them in the manufacture of products in the ordinary course of business) until the Company has received in cash or cleared funds payment in full of the price of the Goods and of all other debts for any other goods or services owed to it by the Customer on any
account. Until such payment has been made the Customer shall not be entitled to transfer any title in the Goods (by sale or otherwise) to any holding company or subsidiary company of the Customer or other subsidiary company of such holding company,
7.1 All goods should be checked by the Customer on receipt of delivery. In the event of a short delivery (where the quantities of goods on the despach notes does not match the goods received), the drivers copy of the despach notes should be signed and marked with the discrepancy in order for the Company to process a credit note. The Company will not accept requests for credits where delivery notes are signed as unchecked.
8.1 All claims for damaged or mis picked products must be made within 24 hours of receipt of delivery. Faulty or damaged goods must be returned unused to the Company within 7 days of a receipt in order for the goods to be replaced or for a credit to be issued.