In these conditions MTS LLP, otherwise known as Mailing Technology & Support Ltd is called ‘the Company’ and any individual firm, company or other party with whom the Company contracts is called ‘the Customer’. The contract is personal to the Customer who shall not assign the benefit whereof without the Company’s written consent.2. Quotations
Any quotation given by the Company is only an invitation to the Customer to make an offer and no order of the Customer placed with the Company in pursuance of a quotation or otherwise shall be binding on the Company unless and until it is accepted by the Company in accordance with these terms and conditions. Any contract made between the Company and the Customer (hereinafter called ‘the Contract’) shall incorporate and be subject to these conditions according to their provisions. No purchase conditions of the Customer shall be valid or apply unless expressly accepted in writing by a Director of the Company.
Unless it is a term of the Contract that the price quoted by the Company shall remain fixed, the price shall be the Company’s ruling at the date of dispatch of the goods.
Whilst the Company will make every endeavour to comply with any date or dates for dispatch or delivery of the goods stated in the Contract, such date or dates shall constitute only statements of expectation and shall not be binding on the Company. If the Company fails to dispatch or deliver the goods by such state or dates failure shall not constitute a breach of the Contract and the Customer shall not be entitled to treat the Contract as thereby repudiated or to rescind it or any related contract in whole or part or claim damages for such failure.
a) Unless otherwise provided in the Contract, delivery shall be to the Customer’s premises.
a) Where the Company itself delivers the goods, the risk shall pass to the Customer on delivery. In all other cases, the risk shall pass to the Customer when the goods leave the Company’s premises.
(i) The Customer shall give written notice of such damage in transit with reasonable particulars thereof to the Company within 3 days of receipt of the goods and
a) The Company’s liability to the Customer in respect of the direct and/or indirect consequences (including but not being limited to death, injury, illness, disease, loss) whether financial or otherwise or damage (save those of death of or personal injury to human beings resulting from negligence) or any breach or non-performance of this contract, howsoever caused or arising, or of negligence or of any misrepresentation or any tort or breach of stature on the part of the Company or its agents shall be limited to the price of the goods the subject matter of the particular consignment.
The Customer will indemnify the Company against any claim made against the Company in respect of any injury to any person or damage to any property arising from any defect in the goods or anything done or omitted to be done in the delivery thereof to the Customer where such delivery is effected by the Company, including any such injury or damage caused by the negligence of the Company, its employees or agents.
a) Notwithstanding that the risk in the goods has passed to the Customer, the ownership of the goods shall remain with the Company, which reserves the right to dispose of the goods until payment in full for all the goods has been received by the Company in accordance with the terms of this contract or until such time as the Customer sells the goods to its customers by way of bona fide sale at full market value.
a) All invoices shall be settled within 30 days from the date of invoice, unless alternative terms are agreed in writing by MTS.
11. Specification and Quantities
Unless the contract expressly provides otherwise, all weights, dimensions, statements as to performance and any other data relating to the goods supplied by the Company are approximate only.
12. Customer’s Property
Customer’s property and all property supplied to the Company by or on behalf of the Customer will be held and carried at the Customer’s risk.
13. Force Majeure
The Company will make every effort to carry out the Contract in accordance with its terms but it shall not be liable for any failure on its part to perform any term of the Contract arising from any cause outside the Company’s control including (but without prejudice to the generality of the foregoing) Act of God, war, strike, lock-out or other industrial dispute, fire, flood, shortages of materials or breakdown of machinery or plant and, in these circumstances, the Company expressly reserves the right to cancel or suspend the whole or any part of any delivery.
The Contract shall be governed by and construed in accordance with English Law. All questions, disputes or controversies whatsoever arising out of or in relation to or in connection with the Contract or the goods supplied or to be supplied pursuant thereto shall, if not settled by agreement, be referred to the arbitration of a person appointed by the Company and the Customer and the arbitration shall be subject to the Arbitration Act 1950 as modified or re-enacted from time to time.