Conditions of Contract
No condition or stipulations which are attached to the buyer’s form of order, and which are inconsistent with these terms or which add to or modify them in any way, shall have any effect, unless expressly accepted in writing by a Director of the Company at the time of acknowledgement of each separate order. In the absence of such acceptance, the buyer shall be deemed to have withdrawn or waived his conditions or stipulations and to contract solely on these terms.
Orders must be in writing only (via email, fax or post).
In order to avoid delay, goods up to the value of £1000.00, can be despatched upon receipt of a credit card payment. For orders which exceed this value, it will be necessary to ask for a pro-forma payment. Credit applications are only accepted on the Moflash credit application forms which can be emailed or faxed immediately upon request.
While the Company will use its best endeavour to meet any stated delivery dates, time shall not be the essence of the contract and the Company shall not be liable for any loss or damage whatsoever resulting directly, or indirectly from late delivery.
- All prices are ex works and all or any costs of delivery will be charged to the buyer, unless otherwise stated under the terms of the contract, or at the time of order. Goods will be consigned by road transport to an address in the United Kingdom specified by the buyer in writing.
- In the case of non-delivery, damage or shortage, the buyer must notify the Company:-
- In the case of non-delivery, damage or shortage within the United Kingdom, within 7 days of the notification of despatch or receipt of invoice, whichever is the earlier.
- In the case of overseas non-delivery, damage or shortage within 7 working days of receipt of the goods at the designated delivery address. Otherwise no claim will be entertained.
UK Carriage Charges
UK orders are subject to a standard carriage charge* unless customers can make their own carrier/collection arrangements. Carriage options are always provided by the sales team at the time of quotation.
All purchase orders must indicate chosen carriage/collection option otherwise an amended purchase order will be requested before processing.
* The standard carriage charge amount is subject to a yearly review.
- Once a credit account has been agreed payment is strictly 30 days month end unless otherwise agreed in writing by a Director of the Company.
- If payment is not made in accordance with the agreed terms, the buyer shall be deemed to be in default of payment and the Company shall be entitled without prejudice to any other rights it may have, to charge interest at the rate of 8% above the Bank of England base rate, from time to time in force, until owing is paid is full.
- Failure to make due payment of deliveries under these terms, or in any other contract between the buyer and the Company, shall entitle the Company to delay, suspend or cancel deliveries in whole or in part at its option, or withdraw account facilities.
- If account facilities are withdrawn, then all outstanding invoices will immediately fall due for payment and a demand as such will be made at the time of withdrawal of these facilities.
Retention of Title
- The property and title to the goods shall remain with the Company, until such time as all sums owing for and in respect of the goods have been received from the buyer by the Company.
- Until such time, the buyer is required to store the goods in such a way that they clearly remain the property of the Company.
The Company undertakes to product goods made from the best available materials and good workmanship, and will whenever practicable repair or replace free of charge and goods proved to be defective in these respects, if so advised to them and returned within twelve months from the date of delivery. No liability can be accepted for defects caused by using the Company’s goods outside the limits of specification or normal working life for which they were sold. In no circumstances does the Company undertake liability for consequential loss or damage of any description. Subject as aforesaid all expressed or implied warranties or conditions, statutory or otherwise, as to quality or fitness of the goods for any purpose are expressly excluded.
All quotations shall be in writing & shall be open for acceptance within 30 days from the date of quotation.
Special quotations at variance from our current PRICE LISTS, and variances from these Terms and Conditions of Trading, shall only be valid if in writing and signed by an authorised official of the Company.
Prices & Variation
- All prices quoted or listed by the Company, are based on the prices of the company’s suppliers at the time of quotation listing. These are subject to adjustment prior to despatch to cover any increase in such prices or in taxation or duty which might take place prior to delivery, such prices are exclusive of packing, carriage and VAT.
- Where goods are to be imported, the Company reserves the right to vary the price quoted to reflect the rate of exchange for the purchase of the relevant currency in pounds sterling.
Moflash Signalling Ltd reserves the right to restrict the supply of spare mechanical parts for products.
Non-Standard Product Cancellation
When purchasers order non-standard, non-catalogue items, such orders cannot be cancelled without cancellation charges.
- After acceptance, orders shall not be subject to cancellation, except with the agreement of the Company in writing and signed by an authorised official.
- Cancellation of orders for goods specially made to customers specifications cannot be accepted.
- Cancellation or alteration charges may be applicable to cover the cost of our administration.
We cannot accept the return of goods unless our prior consent has first been obtained and the goods are returned to us in their original boxes and cartons and in an unused condition. We reserve the right to make a 25% handling charge or a minimum of £50 whichever is the greater, to cover our administration costs should this be necessary.
Drawings / Data
- All specifications, drawings and particulars of weights, dimensions, capacity or other details are approximate only. Specific details can be confirmed on request.
- We shall make every effort to ensure the accuracy of technical details relating to our goods, but we accept no liability in contract or tort or under statue or otherwise for any damages or injury arising directly or indirectly from any error or omission in such technical details whether caused by our negligence or otherwise.
- The Company reserves the right to amend and/or improve designs at any time without notice.
- We Shall use our best endeavours to provide you with general advice about our goods.
- The responsibility for ensuring that goods are sufficient and suitable for your requirements is your sole responsibility.
The foregoing conditions also apply to export orders. Our prices are ex works, packaging and freight at extra cost. We shall be pleased to quote especially if substantial quantities are required. Payment terms are negotiable.
All contacts shall in all respects be undertaken according to English and Welsh Law.