1) Introduction
In these Conditions:
- “Buyer” means a private individual, person or trading (business) entity whose order is accepted by the Seller.
- “Conditions” means the standard conditions of sale set out in this document and including any special terms and conditions agreed in writing between the Buyer and the Seller.
- “Contract” means any contract or order between the Seller and the Buyer for the purchase and sale of the Goods and Services.
- “Goods” means all Goods and Services which are supplied to the Buyer by the Seller under any contract between them. “Seller” means MAYTRICS LIMITED.
The headings in these Conditions are for convenience only and shall not affect their interpretation.
Back to top2) Basis of Sale
Unless otherwise expressly agreed in writing by the Seller, these Conditions shall govern every sale of Goods and Services made by the Seller to the Buyer to the exclusion of any other terms and conditions.
A quotation is for estimation purposes only and will only become binding on the Seller if and when the quotation is incorporated into an order which the Seller has accepted in writing.
The Seller’s employees or agents are not authorised to make any representations or give advice concerning the Goods or Services unless confirmed by the Seller in writing. In entering into the Contract, the Buyer acknowledges that it does not rely on, and waives any claim for breach of, any such advice or representation which is not so confirmed.
Back to top3) Formation of Contract
The Contract shall be formed when the Buyer’s order is confirmed in writing by the Seller subject to these Conditions.
The quantity and description of the Goods and Services shall be as set out or referred to in the Seller’s acceptance of order.
The Seller reserves the right to make any changes in the specification of the Goods and Services which are required to conform to any applicable safety or statutory requirements.
No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in writing of the Seller and on terms that the Buyer shall indemnify the Seller in full against all losses (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Seller as a result of cancellation, including any applicable cancellation fees as set out within these Conditions.
Back to top4) Price
The price of the Goods and Services shall be the price quoted in the order accepted.
Written quotations or estimates are valid for 30 days. An estimate provided without a site visit or inspection is subject to alteration where further goods or works are required or identified.
The Seller reserves the right to increase the price due to market fluctuations including, but not limited to, changes in taxation, legislation, and any alterations to quantities or specifications.
Unless otherwise agreed in writing, all prices given by the Seller are for Goods and Services delivered or carried out during the hours of 08:00 to 17:00, Monday to Friday. Prices may differ outside of the stated hours or days.
The price is exclusive of Value Added Tax, which shall be payable by the Buyer at the prevailing rate.
The Seller reserves the right to amend these Conditions at any time. It is the responsibility of the Buyer to ensure they are familiar with the most recent version prior to entering into a Contract.
In the event of any unforeseen circumstances arising after the contract has been agreed or the work has started, no further works will take place until both the works and the price have been agreed.
Back to top5) Payment
Unless otherwise agreed in writing, payment terms shall be as follows: A deposit of 50% of the total Contract value is payable upfront, either prior to a booking date being agreed or in order to secure a booking date in the Seller’s diary. Deposits are non-refundable once a booking date has been secured, except where required by law. The remaining balance shall be payable upon satisfactory completion of the Goods and/or Services, unless alternative terms have been agreed in writing. The Seller reserves the right, at its discretion, to vary deposit requirements on an individual job basis. This may include, but is not limited to, requiring a higher or lower deposit, or full payment in advance of works commencing. Any such variation will be communicated to the Buyer prior to confirmation of the booking or commencement of works. Acceptance of a booking, agreement of a booking date, payment of a deposit, or confirmation to proceed with the works shall constitute full acceptance of these Terms and Conditions.
Unless otherwise agreed in writing and signed by both parties, payment is due in full upon satisfactory completion of the work. The Seller may, at its sole discretion, agree to different payment terms for commercial clients or larger organisations. However, for all domestic customers and private individuals, full payment is due upon invoicing. While a grace period of up to seven (7) days may be allowed before reminders or follow-ups are initiated, this does not alter the fact that payment is legally due upon receipt.
If the Buyer fails to make any payment by the due date, the Seller shall, without prejudice to any other right or remedy, be entitled to: a) Cancel the Contract and/or suspend any further deliveries or works b) Charge statutory interest at 3% per annum above the Bank of England base rate c) Withhold any certificates for works completed d) Charge an administration fee of £36 (inclusive of VAT) per reminder e) Recover all debt recovery and legal costs incurred
Payments are to be made to the bank details provided on the Seller’s invoice.
Cancellation Where the Buyer cancels the Contract after a booking date has been agreed, the Seller reserves the right to retain the deposit in full to cover administrative time, loss of booking, and costs incurred in preparation for the works. In addition, the Seller reserves the right to charge a cancellation fee of £114 (inclusive of VAT) to cover administrative and scheduling costs. If cancellation occurs less than three (3) working days before the scheduled booking date, or where Goods, materials, or labour have already been ordered or allocated, the Seller reserves the right to recover any additional costs incurred, which may exceed the value of the deposit and/or cancellation fee. No cancellation shall be effective unless confirmed in writing by the Buyer.
Back to top6) Short-Notice Booking Cancellatio
Where works are booked within three (3) workings days of the scheduled attendance, the booking shall be deemed a short-notice booking. In such cases cancellation must be made no later than the end of the next working day following booking confirmation. Where the above notice is not provided, or where materials, labour or other costs have already been committed, the Company reserves the right to retain any deposit paid and/or charge a cancellation fee of £114 (inclusive of VAT), in addition to recovering any further costs incurred.
Back to top7) Delivery of Goods / Completion of Works
Delivery and completion dates shall be agreed between the Buyer and Seller.
Dates quoted are approximate only and the Seller shall not be liable for delay.
The Buyer shall inspect Goods and Works on delivery or completion and notify the Seller of defects within three (3) working days.
Where Goods are short delivered, the Seller may either make up the shortfall or issue a credit.
The Seller shall not be liable for loss arising from delay or suspension. 6.6 Returns of Goods will only be accepted if agreed in writing.
Suitable on-site parking must be available. The Seller reserves the right to cancel, reschedule, or charge additional costs if parking is unavailable.
Site Visits and Free Appointments Booked site visits reserve diary time regardless of whether described as free. Cancellations, short notice changes, or no-access may result in a cancellation charge of £114 (inclusive of VAT)
Abortive Visits / Customer Delay Where the Seller attends site and is unable to commence or complete the Works due to circumstances outside the Seller’s control, including but not limited to lack of access, site not being prepared, customer-supplied faults, unfinished building works, lack of electrical power, lack of internet or network connection where required, unavailable utilities, unsafe working conditions, or other customer-related issues, the Seller reserves the right to charge: a call-out or abortive visit fee to cover labour, travel time, and associated costs; and/or reasonable additional charges for any re-attendance or additional time required. Such charges shall be payable by the Buyer prior to any further booking or continuation of works being confirmed.
Back to top8) Risk
Risk in Goods passes to the Buyer upon delivery or notification of readiness for collection.
Back to top9) Property and Retention of Title
Ownership of Goods remains with the Seller until paid in full, including VAT. The Seller may recover Goods and the Buyer grants access for this purpose.
Back to top10) Storage of Goods
The Buyer indemnifies the Seller against loss or damage to stored Goods while under the Buyer’s control
Back to top11) Liability
Goods are warranted to match specification for 30 days.
Whilst all reasonable care and skill will be taken in undertaking the services, if there are any issues we shall only be liable to any reasonably foreseeable losses suffered.
No liability for indirect or consequential loss except where caused by negligence resulting in death or personal injury.
Back to top12) Force Majeure
The Seller is not liable for failure or delay caused by events beyond its control.
Back to top13) Termination
The Seller may terminate the Contract for breach or insolvency.
Back to top14) Health and Safety
The Buyer is deemed to have assessed suitability and safety of Goods and Services.
Back to top15) General
Failure to enforce any provision is not a waiver.
Invalid provisions do not affect the remainder.
Notices must be in writing.
English law applies.
Acceptance of a booking, agreement of a booking date, attendance, or acknowledgment constitutes acceptance of these Terms and Conditions.
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