1 – Acceptance of Orders:
All contracts of sale made by M.J. Woodworking Machinery Ltd (“The Company”) shall be deemed to incorporate these terms & conditions which shall prevail over any other document or communication from the party with whom the Company is dealing (“The Customer”) All orders are accepted & fulfilled subject to these conditions under UK Law unless otherwise agreed in writing. In these conditions “we”, “us” & “our” refer to The Company. You can write to us at Unit 5&6 Dundrod Industrial Estate, Dundrod Road, Dndrod, Antrim, BT29 4SR or via email to [email protected]. These are also the addresses to write to if you have any complaints. “You” & “your” refer to the customer who places an order with us. We reserve the right not to accept any order. Once your order is accepted by us, a contract will come into force, on the terms & conditions set out here.
2 – Price:
All prices are ex works & exclude VAT or any taxes. Customers will be invoiced for delivery at the current rate. Maintenance of prices is not guaranteed, & they are subject to alteration without notice. Every effort is made to ensure that our prices & descriptions are accurate. If an error is found or if manufacturer’s prices or products change, we will inform you as soon as possible & offer you the option of cancelling your order or reconfirming your order with the revised price or product. We are under no obligation to provide goods to you at an incorrect (lower) price if the pricing error is obvious & could reasonably have been recognised by you as a pricing error.
3 – Invoices:
Goods are invoiced at the prices ruling at the time of despatch. VAT where applicable will be applied to all goods or services supplied at the rate in force at the time of invoice.
A. Whilst every effort will be made to despatch the goods on time, no liability can be accepted by the Company for failure to deliver the goods in the specified time. All delivery times quoted are business estimates only & form no part of any contractual obligation.
B. The Company will accept no liability for shortages, damage, or non delivery of goods, unless the customer notifies the Company in writing within three days of receipt of goods or invoice.
C. The Company’s liability for the safety of the goods ceases upon the Company placing the goods under the control & direction of the carrier.
All goods must be paid for in full prior to despatch or paid in full within 30 days from invoice date for authorised credit account holders. Any payments that are overdue will bear interest at the rate of 2% per annum above the base rate of Danske Bank plc from the date that payment was due until the date of actual payment. If the invoice in respect of this order is or becomes liable to value added tax then such tax will be added to the invoice in accordance with United Kingdom Legislation.
Ownership of the goods shall remain with the Company until payment in full has been received. Until such payment has been made, the Company may at any time (and with out prejudice to any of its other rights) recover or resell the goods or any part of them & may enter the customers premises for this purpose. If you sell the goods you agree to hold the sale proceeds upon trust for us until you have paid us for them in full.
Technical data, dimensions & weights etc., quoted are a guide only & no guarantee is given or implied that the goods will conform in absolute detail to the descriptions & illustrations. The Company reserves the right to amend specifications & to withdraw goods from this catalogue without prior notice.
Other than expressly stated in the catalogue or manufacturers brochures, the Company makes no representations as to the fitness or suitability of any goods for any purpose whatsoever.
The Company shall under no circumstances whatsoever be liable for any indirect or consequential loss howsoever caused. The Company’s liability for any non-performance of any order shall be limited to the value of the goods to which the claim relates .
Non-delivery or damage must be notified to the Company in writing within three days. Inspection of goods on delivery prior to signing acceptance is essential. Carriers’ notes for delivery of goods must be endorsed accordingly. Note: Failure to observe the proper claims’ procedure will invalidate the Company’s contractual liability under these conditions of sale.
Where any goods are to be returned pursuant to Condition 19 they should be returned using a courier nominated by the Customer and approved by the Company. Receipt will only be acknowledged by signature of an authorised employee of the Company. Any failure to obtain the requisite acknowledgement shall result in the Customer forfeiting its right to repair, replacement or reimbursement for the defective goods. Undamaged, unopened & fully marketable goods may be returned by prior agreement of the Company, who reserve the right to make a cancellation or administrative charge. If you have already received the goods:
a) you can only exercise this right to cancel your order if the goods are still in a re-saleable condition & you have retained the packaging;
b) you must return the goods to us at your own cost to the address in clause 1 of these conditions (unless we are at fault, in which case we will arrange collection);
c) you must take care to ensure the goods are not damaged in the meantime;
d) if you do not return the goods as required, we may charge you the costs of recovering them ourselves.
All monies paid form part of a contract of sale & are non-refundable. Orders will be considered cancelled upon notice from the customer, or failure to take delivery of the goods within a period of 30 days from when the Company notifies the Customer that the goods are ready for despatch. If for any reason the customer fails, or refuses to take delivery of the goods at the time that such goods are due & ready for delivery, the customer will be in breach of contract. The Company may sell or otherwise dispose of the goods without prejudice to the Company’s right to legal redress for loss suffered in consequence of the customers failure to take delivery of the goods.
Goods paid for in full, or part paid, may be stored at the Company’s discretion by prior arrangement. Storages charges will accrue at a rate of 1% of the invoice value per month following the date after which the customer failed to arrange collection or refused to accept delivery. This amount will be payable before any subsequent collection / delivery.
Delivery encompasses the mode of transport of the goods or machine(s) to the customer’s address. If offloading has been expressly included in writing within the terms of delivery, the machine(s) remain(s) the haulier’s responsibility until they have been offloaded from the vehicle to the ground. Whilst contracted drivers may assist with manoeuvring machinery into a customer’s workshop. Once the machine has been removed from the vehicle, responsibility passes to the customer as regards logistics & for the purposes of liability. If our engineers are to commission or install machinery, unless expressly stated in writing on the customer’s acknowledgement of order or invoice and notwithstanding any assistance / advice that M.J. Woodworking Machinery Ltd engineers may provide, the customer is responsible for any moving into place and siting of the machinery. In any instance that M.J. Woodworking Machinery Ltd are responsible for moving machinery at or into a customer’s site, the relevant Risk Assessment documentation will be provided
(a) Any delivery date given by the Company is an estimate only. Whilst the Company will use all reasonable endeavours to comply with such estimates, the Company shall not be liable for any delay in delivery whatsoever whether caused by its own default or otherwise.
(b) Delivery of the goods shall be made at the Customers nominated premises by a carrier nominated by the Company or, if agreed by the Customer, at the Company’s premises at any time after the Company has notified the Customer that the goods are ready for collection.
(c) The cost of collecting the goods from the Company’s premises and delivering them to the Customer or to its order shall be paid by the Customer;
d) If the Company has expressly agreed in writing that the Customer may make its own arrangements for taking delivery of the goods at the premises of the Company the Customer must take delivery of all goods subject of the contract within 14 days of being notified in writing by the Company that the goods are ready and available for collection at its premises.
(e) If the Customer fails to take delivery of the goods or fails to give the Company adequate delivery instructions at the time stated for delivery (otherwise than by a reason of any cause beyond the Customer’s reasonable control or by reason of the Company’s fault) then without prejudice to any other right or remedy available to the Company the Company may:
(i) Store the goods until actual delivery and charge the Customer for the reasonable costs (including insurance) and storage; or
(ii) sell the goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Customer for the excess over the price under the contract or charge the Customer for any shortfall below the price under the contract.
15 Second hand machines:
May not necessarily comply with the Health & Safety at Work Act 1974 or any other Act or Acts or Regulations thereunder governing the use of that plant machine or equipment in a working environment. The Customer must ensure prior to use that the use of any such piece of plant, machine or equipment does not contravene any such relevant Act or Regulation. In the case of exported machines, it is the responsibility of the Customer to ensure that local acts & regulations are complied with.
16 Special Terms:
Any machine sold in “existing condition” or “as seen” will be supplied without any guarantee as to function, condition, or fitness for purpose either express or implied. The customer shall carry out a risk assessment to ensure that the machine is safe & without risk to health & safety, & this undertaking shall have the effect of relieving the Company of any liability thereto.
Where the Customer requires goods to be delivered outside the United Kingdom the Customer will be responsible for obtaining all consents and licences which are necessary to enable it to import and use the goods and for all necessary consents (including exchange control consent) to enable it to make payment for the goods.
(a) New goods manufactured by the Company. If, upon an examination carried out at the premises of the Customer within the period of 6 months commencing with the date when the goods were dispatched for delivery to the Customer or to its order, the Company finds the goods are defective by reason of (1) the faulty workmanship of the Company, (2) faulty materials supplied by the Company (excluding bearings and electrical components which shall be replaced at the Customer’s expense), the Company will repair or replace the goods free of charge or refund the purchase price at the companies discretion.
(b) Secondhand and Reconditioned Goods supplied by the Company to the Customer. The Company has inspected the goods and fully stripped them down. Any parts found to be defective have been replaced, repaired or renewed at the discretion of the Company. The goods have been re-assembled, repaired and tested where practicable. If upon an examination carried out at the premises of the Customer within a period of 6 months commencing with the date when the goods were dispatched for delivery to the Customer or to its order, the Company finds that the goods are defective by reason of (1) faulty workmanship of the Company (2) faulty materials supplied by the Company (excluding bearings and electrical components which shall be replaced at the Customer’s expense) then the Company will supply repaired or renewed parts free of charge. All labour charges are to be paid by the Customer”.
(c) Customer to comply with instructions issued by the Company and Manufacturer. It shall be a condition of the guarantee contained in sub-clause
(A) and (B) above that the Customer shall have complied with any instructions issued by the Company and the Manufacturer of the goods concerning the erection, fixing, use and maintenance of the goods. The Customer shall not interfere with or attempt to repair the goods in any way following the discovery of the alleged defect
(d) Imported Goods manufactured other than by the Company,
(i) New Goods manufactured in the United Kingdom other than by the Company,
(ii) Imported Goods.
(iii) Goods in respect of which the Company acts as a Factor. The Company gives no guarantee in respect of such goods but shall assign to the Customer
any rights which it may have. The rights of the Customer shall be limited to the acceptance of any guarantee issued by the manufacturer of the goods to a
(E) Goods sold as purchased by the Company. The Company gives no guarantee in respect of goods which are offered for sale “as seen” or “as purchased by us” or other similar expression. The Customer shall be deemed to have inspected the goods thoroughly and to be satisfied that the goods are in every way suitable for the purpose for which they are required by the Customer.
(F) Goods sold as “cleaned and checked”. The Company has inspected the goods and repaired or renewed any defective parts. The goods have been test run where practicable. Whilst the Company warrants that the goods have been stored in reasonable conditions it does not guarantee that the goods themselves have remained in a reasonable condition since the date of inspection. The Customer shall have the right to examine the goods, but should it fail to exercise such right it shall be deemed to have inspected the goods thoroughly and to be satisfied that the goods are in every way suitable for the purpose for which they are required by the Customer”.
19 Disclaimer of warranties and limitations of remedies
(a) Except as provided in Section 12 of the Sale of Goods Act 1979 and Condition 8 and sub-conditions (b) and (c) below
(i) Other than the warranties contained in these terms and conditions, the company makes no warranties, express or implied, with respect to the product. Any implied warranty of merchantable quality or fitness for a particular purpose which exceeds the provisions of the terms and conditions is hereby disclaimed by the company. It is expressly agreed that the remedy provided in the terms and conditions shall be to the exclusion of all others, and that the company shall in no event be liable for any consequential or incidental damages arising from this sale.
(ii) The company makes no other express or implied warranty of fitness or merchantable quality or any other express or implied warranty. In no case shall the company be liable for consequential, special, or indirect damages resulting from the use or handling of this product. The company offers this product, and the customer and user accept it, subject to the forgoing conditions of sale and warranty, which may be varied only by agreement in writing signed by a duly authorised representative of the company.
(iii) Except as stated herein, the company specifically disclaims any and all other warranties, expressed or implied, including but not limited to the implied warranties of merchantable quality or fitness for a particular purpose.
(b) Nothing contained in these Conditions shall be construed as an attempt to exclude or limit the liability of the Company for the death of or personal injury to any person caused by its negligence or the negligence of anyone for whom it is vicariously liable.
(c) The foregoing provisions of this Condition shall not apply to sales which are made to persons who deal as consumers (as that expression is defined in Section 12 of the Unfair Contract Terms Act 1977) unless the contract is an international supply contract (as defined in Section 26 of that Act).
20 Force Maejure
(a) The Company shall not be liable for any loss, delay, damage or expense whatsoever due to any cause beyond its control including (without prejudice to the generality of the foregoing expression) acts of government including any regulations of the European Economic Community, acts of war, civil war, strikes, lockouts, labour disputes, riots, civil commotion, fire, lightning, aircraft, explosion, flooding, act of God, force maejeure, illegality, breakdown, accident, theft.
(b) If such period of delay extends beyond a period of 3 months then the Company shall in its absolute discretion be entitled to withhold, suspend or cancel all or in part the delivery of any of the goods. The Customer should be liable to pay:
(i) In respect of the goods already delivered and not paid for such amounts as may be determined by the Company to be a rateable proportion of the total
(ii) The cost of manufacturing or adapting to the Customer’s design or specification of any goods already manufactured or adapted for which there is no
other market readily available to the Company at contract price.
(c) A written certificate from the Company showing that rateable proportion being conclusive evidence to the amount of such proportion.
21 Transfer of risk
All goods cease to be at the risk of the Company when the Customer is notified that they are ready for collection from the Company’s premises or (if
no such notification is given) when the goods leave the Company’s premises; thereafter all goods shall be at the risk of the Customer, who shall insure such
goods to their foil value to the satisfaction of the Company. When goods are dispatched direct to the Customer from somewhere other than the premises of
the Company the goods shall be at the risk of the Customer from the moment of despatch. For the avoidance of doubt the Company shall not be liable if any
goods which have been dispatched are damaged whilst in transit or are not delivered.
22 Retention of title
(a) The title in all goods delivered by the Company will remain vested in the Company and shall not pass to the Customer until the Customer has paid in full to the Company all sums owing by the Customer to the Company under or arising from any contract transaction sale or account whatsoever;
(b) Until payment has been made in accordance with (a) above:-
(i) The Customer will so keep the goods that they are identified as the property of the Company;
(ii) The Customer shall not exchange or barter the goods or the final product in any way whatsoever;
(iii) The Customer and not the Company shall be liable for any breach of Contract, warranty or misrepresentation made by the Customer in the course of any sale and the Customer shall keep the Company folly and completely indemnified in respect thereof;
(iv) Upon request the Customer shall assign forthwith to the Company if necessary by Deed of Assignment the benefit of any agreement whether written or oral under which the goods and/or the final product have been sold including but not limited to any claim for the sale price thereof. Upon such assignment the Company shall be entitled to pursue any remedy open to the Customer and shall be entitled to retain any sum or property recovered as payment for any sum owing to the Company by the Customer;
(v) The Customer shall return any goods title to which remains with the Company on request at any time by the Company and in default the Company shall be entitled to enter upon the Customer’s premises and take possession of any goods supplied to the customer by the Company and/or the final product. (c) Upon the happening of any act whatsoever or the commencement of any proceedings which could lead to the bankruptcy liquidation or the appointment of a receiver or manager of the Customer all sums in respect of goods delivered by the Company to the Customer or arising from or under any transaction sale or account whatsoever shall become due immediately.
23 Exchange rates
(a) Unless otherwise specifically stated in writing the prices quoted by the Company are Ex United Kingdom warehouse.
(b) The price quoted for goods manufactured or purchased outside the United Kingdom is based upon the rate of exchange prevailing at the date of the quotation. The invoice sent by the Company to the Customer may contain a provision for any alteration in the rate of exchange which has taken place between the date of the quotation and the date of the invoice. In these circumstances if the alteration in the rate of exchange has caused the goods to become more expensive the Customer shall pay the additional sum attributable to such alteration in the rate of exchange; if the alteration in the rate of exchange has caused the goods to become lessexpensive the Company shall allow a corresponding reduction in the price of the goods.
(c) The Company shall be entitled to increase the price of the goods between the date of the Contract and the date of delivery by reason of the imposition of or any increase in customs excise or other duties or taxes or in the cost of raw materials or labour scarcity of labour or any other cause whatsoever. In such a case the price of any goods which have not yet been delivered shall be increased to take full account thereof as and from the day when written notice of such imposition or increase shall be given by the Company to the Customer provided that if such imposition or increase is equal to or is more than 10% of the total original Contract price the Customer may cancel the Contract so far as it relates to goods which have not been delivered at the date of such written notice by giving written notice of cancellation to the Company so as to reach the Company not later than fourteen days thereafter.
The Customer shall not use in relation to any other goods of any description whatsoever the registered trade marks of the Company or which the Company is entitled to use as agent for any other Company or any other trade marks registered from time to time by the Company or by any of its subsidiary companies and applied by the Company or any such subsidiary company to the goods.
25 Health & Safety Notice
INSTALLERS: Persons who install this machine for use at work have a duty under Section 6 of the Health & Safety at Work etc Act 1974 to ensure so far as is reasonably practicable that nothing about the way in which it is installed makes it unsafe or a risk to health at all times during setting, use, cleaning, maintenance. This may include such aspects as correct assembly, electrical installation, construction of enclosures, fitting of guards & chip & dust extraction equipment. When installing the machine, consideration must be given to adequate lighting & working space.
USERS: Where applicable, machines are supplied complete with all necessary safeguards to enable the user to comply with the Provision & Use of Work Equipment Regulations 1992, & where applicable, Regulation 20 & Regulation 39 of the Woodworking Machinery Regulations 1974. Details of correct installation & use together with guidance on fitting & proper adjustment of guards are described in accompanying manuals. The user shall shall carry out a risk assessment to ensure that the machine is safe & without risk to health & safety prior to use. Under the above legislation, employers have a legal duty to ensure that guards & other safety devices are suitable, & are maintained in efficient working order & in good repair. Employees also have to take responsible care for their’s & other’s health & safety, & cooperate with their employer in meeting health & safety requirements. Before commencing work, ensure that tools are set to cut in the right direction, secured, & sharp. Ensure that all guards & safety devices are in place & secured. Routine maintenance instructions are contained in manufacturers’ instruction manuals. Repairs & maintenance must only be undertaken by competent persons.
TRAINING: Machine operators must have received sufficient training & instruction as to the dangers arising in connection with the machine, precautions to be observed, & the requirements of the Woodworking Machinery Regulations 1974 which apply except where they work under the adequate supervision of a person who has a thorough knowledge & experience of the machine & the required safeguards. Persons under the age of 18 must have successfully completed an approved course of training before operating this machine at work unless participating in a course of training under adequate supervision. (This applies only to any sawing machine fitted with a circular blade, any planing machine for surfacing which is not mechanically fed, or any vertical spindle moulding machine).
DUST: Employers have duties under the Factories Act 1961. The Health & Safety at Work etc Act 1974 & the Control of Substances Hazardous To Health regulations 1994 to control dust in the workplace. Wood dust can be harmful to health by inhalation & skin contact, & no-one should be exposed to airborne concentrations of wood dust greater than 5mg/cm averaged over & 8 hour day. In addition, concentrations of small dust particles in the air can form an explosive mixture. These concentrations usually occur in dust extraction equipment which may be destroyed unless explosion precautions have been taken in the design & installation of the equipment. Employers must carry out an adequate assessment of the risks to their employees’ health arising from wood dust, & steps taken to control it, by, so far as is reasonably practicable, exhaust ventilation & enclosures rather than by the use of personal protective equipment. Free advice leaflets are available from the Health & Safety Executive.
NOISE: Noise levels can vary widely from machine to machine depending on conditions of use. The Noise at Work Regulations 1989 require employers to take reasonable practicable measures to reduce noise levels where any person is likely to be exposed to a continuous noise level of 90dB(A) or more over an 8 hour working day. Additionally, employers must make available suitable ear protectors at equivalent noise levels of 85dB(A) & ensure that they are properly maintained & worn at levels of 90dB(A) or more. Information about airborne noise emissions from machines can be found in manufacturers’ instruction manuals. Where necessary to construct a sound enclosure, professional advice should be sought.