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Terms and Conditions

Our Terms & Conditions

This page tells you the terms and conditions on which we supply our products and services including sales via our website .  Please read these terms and conditions carefully before ordering any products. You should understand that by ordering any of our products, you agree to be bound by these terms and conditions.
Please print a copy of these terms and conditions for future reference.
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DEFINITIONS
Company shall mean Manchester Panel Products Ltd t/a Cubicles and Doors Combined.
Buyer shall mean the person, firm or company whose order for the purchase and supply of any Goods is accepted by the Company
Goods means the goods (including any instalment of the goods or any parts for them) to be supplied by the Company to the Buyer;
Services means any installation services which the Company is to supply in accordance with these Conditions

1. CONDITIONS
1.1 All sales are based upon and are subject to the terms & conditions printed below which shall apply to the exclusion of any terms and conditions of purchase of the Buyer, including any terms or conditions which the Buyer may purport to apply under any purchase order confirmation of order or similar document.
1.2 Where Services form part of the order for the Goods, the terms and conditions printed below shall apply and the expression ‘Goods’ shall be deemed to include any services to be provided by the Company  if applicable (unless the context otherwise requires).
1.3 Quotations are valid for 60 days. All quotations are provided on the basis that no contract is in place until the Company sends an acknowledgement of order.

2. PAYMENT
2.1 All prices quoted are exclusive of Value Added Tax and any charge, tax, levy, duty or import tax on the Goods where applicable. Unless stated otherwise, the price does not include delivery which is payable as a separate item.
2.2 Accounts must be paid net cash not later than 30 days following the date of invoice in which the account was sent to you unless agreed otherwise in writing.
2.3 Interest will be charged on all sums overdue at the rate of 8% above Bank of England base rate for the time being in force calculated from day to day to run both before and after any judgement.

3. DELIVERY
3.1 Delivery dates are given in good faith but any time or date named by the Company for delivery is an estimate only and the Company can accept no liability whatsoever for any damages or loss, whether direct or indirect which may be caused by any delay in delivery. Goods are manufactured to order and the Buyer shall have no right to cancel the Contract on the grounds only that delay in delivery has occurred.
3.2 Unless expressly agreed in writing to the contrary the Company shall make such arrangements for delivery at the expense of the Buyer as it thinks fit.
3.3  Delivery is to the most convenient location at the Buyer’s notified delivery address provided the access is suitable in the opinion of the driver for the vehicle used. It is the responsibility of the Buyer to provide adequate labour and facilities at the point of delivery to enable the Goods to be unloaded safely and properly. The Buyer shall indemnify the Company against all claims of whatsoever nature arising from such unloading other than in respect of the negligence of any servant or agent of the Company.
3.4 The Goods will be deemed delivered if delivered by or for the Company in accordance with clause 3.3
3.5 The Buyer is required to check quantities of Goods delivered immediately on delivery.  The Buyer must recognise that the Buyer’s site may not be secure and take responsibility for checking quantities immediately on delivery. The Company shall not be responsible for any claims in respect of the incorrect amount delivered if the Buyer fails to check quantities on delivery. This does not affect the Buyer’s rights in relation to any claim in respect of defective goods which are dealt with under clause 6.
3.6 If 14 days after the due date for delivery or collection, the Buyer has not taken delivery of or collected them, the Company may resell or otherwise dispose of the Goods.  The Company will
deduct  reasonable storage charges and costs of resale; and  invoice the Buyer for any shortfall of the resale price below  the price paid by the buyer for the Goods.

4. NATURE AND SPECIFICATION OF THE GOODS
4.1 Unless expressly agreed in writing between the Buyer and the Company, the  sale will not be by sample or samples submitted and descriptions or illustrations in trade literature or catalogues shall be treated as showing type, class, and general character only and not as importing terms or warranties as to substance, performance, colour, quality or dimension and any failure of Goods to conform with such samples, descriptions or illustrations shall not constitute any breach of Contract on the part of the Company.
4.2 Unless expressly agreed in writing between the Buyer and the Company the Buyer is deemed to have satisfied himself as to the suitability of the Goods for the purpose for which the Buyer required them and it is not a term of the Contract that the Goods are fit for that purpose.
4.3 In the cases of colours of timbers, veneers,  melamines  or laminates  shown in samples, company literature and on its website, no adherence to a particular shade of colour nor perfect consistency of colour can be guaranteed by the Company and a reasonable variation shall be accepted by the Buyer.
4.4 The Company is entitled to assume that all drawings, descriptions, specifications and other information supplied by the Buyer to the Company whether written or verbal are in all respects complete, accurate and entirely suitable for the Buyer's requirements. No liability can be accepted for Goods supplied in accordance with information provided by the Buyer.
4.5 Where drawings of bespoke Goods are required, the Company shall send drawings for approval by the Buyer. The Buyer is required to check the drawings and notify the company of approval or any changes required within 2 business days of receipt. The company will not commence manufacture of bespoke Goods until the Buyer has confirmed in writing (or in such other form as agreed by the Company) to the Company that the drawings are correct.
4.6 Timber is supplied in linear metres.  The Company shall be entitled to supply not exceeding 10% more than the exact quantity ordered by the Buyer or in the case of shortage not to make good deficiency of Goods ordered, payment in either case to be made pro rata and without payment to the Buyer of any compensation whatsoever for any direct or consequential loss the Buyer may suffer.

5.  PRICE VARIATIONS
5.1 Notwithstanding the rights of the Company under clause 3.6, if delivery of the Goods is delayed at the Buyer’s request for more than 30 days after the date named by the Company for delivery the Company will be entitled to increase the price of the Goods if appropriate to the effective price then being charged for like goods at the actual date of delivery.
5.2 The price payable for the Goods shall be the price ruling at the date of delivery or collection and the Company shall be entitled to adjust the price of the Goods at any time between the date of the order and the date of delivery or collection of the Goods to take account of any or all of the following factors:
•    any request by the Buyer for change in delivery schedules, completion dates, quantities, design or specifications if agreed by the Company.
•    delays caused by the  instructions of the Buyer or by the failure of the Buyer to give adequate instructions or information;
•    any variation of currency exchange rates or special taxes, duties or charges imposed by any government
•     any factor beyond the control of the Company (such as but without limitation any significant increase in the costs of labour, or materials).

6. REJECTION OF DEFECTIVE GOODS
6.1 The Company will, at its option, repair, replace or refund the price of defective Goods, provided that and subject to this clause 6:
•    the Buyer informs the Company in writing and promptly within 5 Business days  of delivery that some or all of the Goods are defective;
•    the Buyer gives the Company a reasonable opportunity to examine the defective Goods;
•    the Buyer returns the allegedly defective Goods in unbroken bulk or, in the case of plywood or particle board, with marked battens on the packages  to the Company within three weeks of delivery of the Goods at the Buyer's expense.
6.2 The provisions set out in clause 6.1 will apply to any Goods repaired or replaced.
6.3 The Company will not be liable for any failure of the Goods :
•    where such failure arises by reason of fair wear and tear, could be expected to arise in the normal course of use of the Goods, wilful damage, negligence, or abnormal working conditions;
•    to the extent caused by the Buyer's failure to comply with the Company's instructions as to: (i) storage, installation, commissioning, use or maintenance of the Goods, or (ii) good practice in relation to the storage, installation, commissioning, use or maintenance of the Goods;
•     to the extent caused by the Company following any design or specification or requirement of the Buyer in relation to the Goods;
•    where the Buyer repairs or alters any Goods without the Company's prior written agreement; or
•    where the Buyer uses any of the Goods after notifying the Company that the Goods are defective.

7 SERVICES
7.1 Where the Company supplies installation services, the Buyer will provide at its own expense, so that the Company can commence installation immediately upon arrival at the Buyer’s site:-
•    clear access to, on and around the site at all times  for the Company's employees or agents with or without equipment;
•    a level site cleared of all obstructions;
•    suitable welfare facilities and an adequate and safe supply of electricity;
•    such facilities, information and assistance (ensuring that information is complete and accurate) as the Company may reasonably require;
•    obtain and maintain all necessary licences and consents for the performance of the Services
•    suitable safe and secure covered storage for materials and goods delivered in advance;
The Company reserves the right to charge for any additional expense caused to the Company as a result of the failure of the Buyer to comply with the any of the above requirements.
7.2 The Company  will:
•    perform the Services using reasonable care and skill;
•    provide and use sufficient and appropriate equipment and materials required to provide the Services
7.3  Where there is any material defect in the Services, the Company will, at its option, re-perform the Services to comply with the terms of clause 7.2, provided that:
•    the Buyer informs the Supplier in writing promptly within 7 Business Days of completion of the  Services; and
•    the Buyer gives the Supplier a reasonable opportunity to investigate any defective Services.
7.4 These terms will apply to any re-performed Services.
7.5 The Company  will not be liable for any failure of any Services to comply with clause 7.2 to the extent:
•    caused by the Buyer's failure to comply with the Company's instructions in relation to the Services;
•    caused by the Company  following any specification or other document supplied by or instruction from the Buyer;
•    where the Buyer alters the Services or the results of the Services without the Company’s prior written agreement; or
•    where the Buyer uses the Services or the results of the Services after notifying the Company that the Services do not comply with clause 7.2.
7.6 Except as set out in this clause 7:
•    the Company gives no warranty in relation to the Services; and
•    In particular, the terms implied by ss 13, 14 and 15 of the Supply of Goods and Services Act 1982 are expressly excluded.

8. LIABILITY
8.1 Save as set out in clause 6 and clause 7:
•    the Company gives no warranty in relation to the Goods/Services ; and
•    In particular, the conditions implied by ss 13–15 of the Sale of Goods Act 1979 are expressly excluded.
8.2 The Company undertakes in respect of any Goods returned in accordance with the provisions of clause 6 and acknowledged by the Company to be goods which the Buyer is entitled to return by reason of a liability of the Company pursuant to Clause 6 to accept a return of those goods and at the Company’s option either to:
a) repay or allow the Buyer  the invoice price thereon and any transport costs between the place of delivery and such place of return as shall be nominated by the Company and which have been borne by the Buyer;  or
b) replace the Goods as soon as may be reasonably practicable and re-deliver the goods at the Company’s expense. The above mentioned undertaking is given and shall be accepted by the Buyer in lieu of any other legal remedy.
8.3 If the Buyer fails to notify the company of the alleged defects and/or fails to return the goods in accordance with the provisions of these Conditions, the Buyer will be deemed to have accepted the Goods/Services and to have no right to reject the Goods/Services or pursue any legal remedy whatsoever against the Company in respect of Goods/Services.
8.4 The Company does not exclude its liability for death or personal injury caused by its negligence.
8.5 The Company’s liability for losses  suffered as a result of us breaking our terms is strictly limited to the purchase price of the Goods  purchased.  In relation to the supply of Goods (including Services, where applicable), the Company shall not be liable for :
•    any form of indirect, consequential or special loss, or
•    any loss of or failure to realise expected profit, revenue or savings or any other form of economic loss, whether any such loss is direct or indirect,  and, in each case, however arising.

9. CONSUMER SALES CANCELLATION
9.1 For sales online to private consumers via the Company’s website and orders taken by phone or any other distance method the Buyer/Consumer may, under certain circumstances, have a right to cancel under the Consumer Protection (Distance Selling) Regulations 2000. This right is not available if the Goods are bespoke , customised or specially made to specification. Where a right to cancel exists then the Buyer/Consumer can cancel the order and return the Goods to the Company within 7 working days starting from the day of delivery. Goods must be returned to the Company at the Consumer’s expense, be unused, unopened and undamaged. The Consumer shall be responsible for any damage caused in transit during return and should ensure adequate insurance. Upon safe receipt of the goods and subject to compliance with these Conditions a refund will be issued to the Buyer’s account which will include the original cost of delivery.
9.2  Where the Goods are sold under a consumer transaction the statutory rights of the Buyer/Consumer are not affected by these Conditions.

10. PROCESSING OF GOODS
If it is agreed that the goods supplied under the Contract are to be processed by the Company, the Company shall make such arrangements for processing as it thinks fit and if processing is carried out by a third party then the operation shall be subject to the terms and conditions of the third party which the Buyer accepts.
11 CANCELLATION AND AMENDMENT OF YOUR ORDER
11.1 No order placed by the Buyer or its agent  may be cancelled or amended unless it is specifically agreed otherwise in writing by the Company or except in accordance with the provisions of clause 9 (consumer sales) or clause 11.2 of these conditions.
11.2. If the Buyer  shall make default or commit any breach of its obligations to the Company, or if it shall commit any act of bankruptcy or shall have any execution or distress levied upon any of its goods or property, or being a Limited Company shall go in to liquidation, other than voluntary liquidation for purposes of the amalgamation or reconstruction, or have a Receiver or administrator appointed of its property or assets or any part thereof, the Company shall have the right forthwith to terminate any contract then existing without prejudice to any claim or right we might otherwise make or exercise and without payment to the Buyer  or any Receiver or Liquidator or Administrator of any compensation whatsoever for any direct or consequential loss it or they may suffer.

12. PASSING OF RISK
Risk in the goods shall pass to the Buyer forthwith upon the goods being loaded on to a carrier’s vehicle or where the Company is acting as a carrier then forthwith upon being loaded onto the Company’s vehicle for delivery.

13. RETENTION OF TITLE TO GOODS
13.1 Title to the Goods will pass to the Buyer once the Company has received payment in full for the Goods.
13.2 Until title to the Goods has passed to the Buyer, the Buyer will:
•    hold the Goods as bailee for the Company;
•    store the Goods separately from all other material in the Buyer's possession;
•    take all reasonable care of the Goods and keep them in reasonable condition;
•    insure the Goods: (i) with a reputable insurer (ii) from the date of delivery (iii) against all risks (iv) for an amount at least equal to the price (v) noting the Company's interest on the policy;
•    ensure that the Goods are clearly identifiable as belonging to the Company;
•    not remove or alter any mark on or packaging of the Goods;
•    inform the Company as soon as possible if it becomes subject to any of the events set out in clause 11.2;
•    provide the Company with such information concerning the Goods as the Company may request from time to time.
13.3 If, at any time before title to the Goods has passed to the Buyer, the Buyer informs the Company, or the Company reasonably believes, that the Buyer has or is likely to become subject to any of the events specified in clause 11.2, the Company may:
•    require the Buyer (at the Buyer's expense) to redeliver the Goods to the Company; and
•    if the Buyer fails to do so promptly, enter any premises where the Goods are stored and repossess them.

14. WEBSITE
14.1 All information on our website  including all photographs, graphics and text, is either owned by us or used by us with permission. By using our site, you do not obtain any rights in any of the materials on our site.
14.2 We are committed to protecting your privacy when you visit or use our site. When an order is placed with us, personal information is collected for processing an order only. We will never pass these details onto a third party without permission.

15. FORCE MAJEURE
Should the manufacture or delivery of any Goods or constituent parts thereof whether by the Company or by any contractor or by any carrier be prevented or hindered directly or indirectly by fire, the elements of civil commotion, strikes or lock outs, industrial dispute, shortage of raw materials of fuel, the late receipt of the Buyer’s  specification or other necessary information, acts, orders or regulations of the Government, delay on the part of any contractor or sub-contractor or supplier or carrier or any other cause whatsoever beyond the reasonable control of the Company, then the Company shall have the option to suspend or cancel any obligation then unperformed without prejudice to the Company’s right to payment in respect of any goods supplied or services supplied prior to such suspension or cancellation and without payment to the Buyer of any compensation whatsoever for any direct or consequential loss the Buyer may suffer.


16. VARIATION and LAW
16.1 No variation of these terms and conditions shall be binding unless agreed to in writing by the Company .
16.2 This Contract and its performance shall in all respects be construed in accordance with English Law and the English Courts shall have jurisdiction.