TERMS AND CONDITIONS OF SALE
1.1“MGL” means Mini Golf Ltd
1.2“Customer” means the person, organisation or company placing an order with MGL.
1.3“Contract” means the contract for the sale and purchase of the goods.
1.4“Business Days” means Monday to Friday but excluding Bank Holidays.
2.PRICES & SPECIFICATIONS
2.1All prices quoted within any brochure or other sales literature issued by MGL exclude Value Added Tax(“VAT”) which will be levied at the prevailing rate at the time of invoice.
2.2Prices are correct at the time of printing, but MGL reserve the right to charge the prices ruling at the date of despatch according to market conditions at the time.
2.3These terms and conditions may be varied only by the written authorisation of a director of MGL.
2.4Owing to all disproportionate costs of dealing with small orders MGL reserve the right to make a small order surcharge of £5.00 for orders under £50.00 net value.
2.5All orders are subject to availability.
2.6Orders for goods of a special design, size and /or material are not subject to cancellation after the order has been accepted by MGL.
2.7MGL reserves the right to:
2.7.1 Change product specifications
2.72 Supply substitute items of an equal or superior standard in respect of unavailable products or discontinued lines.
2.8Any error or omission in the prices and / or specification in brochures or in any document issued by MGL shall be subject to correction without any liability on the part of MGL.
2.9All measurements and weights given in product specification or literature are reasonable approximations of actual sizes and weights.
2.10No order which has been accepted by MGL may be cancelled except with the express agreement of MGL and on such terms as MGL may require. If MGL agree to cancel the order the customer will pay to MGL liquidated damages of 25% of the net value of all of the cancelled elements of the order and the customer agrees that this is a genuine pre-estimate of the loss which MGL will incur as a result of cancellation.
2.11MGL warrants that the goods will correspond with the specification at the time of delivery and will perform substantially in accordance with that specification. However this warranty does not extend to products not manufactured by MGL and for such products the Customer shall be entitled only to any warranty given by the manufacturer to MGL.
3.PACKING & DELIVERY CHARGES
3.1All prices exclude packing and delivery charges and VAT there on.
3.2Apart from certain bulky or heavy products marked “delivery extra” there is a nominal standard packing and delivery charge of £9.50 plus VAT per order for delivery to UK mainland (excluding northern Scotland).
3.3For delivery to Northern Scotland (post code areas AB, IV, KW, PA and PH)and the Channel Isles Northern Ireland , isle of Man and other offshore areas packing and delivery charges are at cost. Please ask for a quotation when placing the order.
3.4The chosen products will be delivered either by Royal Mail or a reputable national carrier to the address supplied. Delivery may be split where orders contain goods sent directly from manufacturer.
3.5If premises are likely to be unmanned the Customer should include instructions on the order to ensure that the authorised signatory will be available when delivery is made. Abortive deliveries may be subject to a charge being made if appropriate instructions are not included with the order.
4. PAYMENT - Payment currency is taken in GBP £'s sterling
4.1Full payment with order is required unless an approved credit account facility has been agree and arranged by MGL.
4.2Where an approved account facility has been agreed and arranged by MGL payment of invoices for goods properly supplied, whether complete or part orders is due 30 days from invoice date.
4.3If payment is not received by the due date MGL reserves the right to:
4.3.1Charge interest at the rate of 2% per month compounded monthly
4.3.2Charge its reasonable costs incurred in seeking to recover any arrears (“recovery costs”).
4.3.3Suspend further supply of goods and take any other action as appropriate to recover the debt and any interest accrued and / or recovery costs.
4.3.4Nullify and therefore withdraw any discounts which may have been allowed for when the Customer’s order was accepted since such discounts are given only on the basis
5.TIME OF DELIVERY
Any time or date given by MGL for delivery is given as an estimate only and shall not be a binding contractual obligation. MGL will endeavour to meet delivery requirements but are not liable for any direct or consequential loss or damage arising from any delayed or advanced deliveries.
6.1In respects of goods which the customer has over-ordered, incorrectly ordered or no longer requires, at MGL’s discretion these goods may be returned if they are returned, together with the original packaging, in the same state that they were in at the time of despatch and subject to the customer paying the cost of the return carriage together with a handling and restocking charge of at least 20% of the invoice value of the goods. Some items may attract a higher restocking charge if returned and MGL will advise the actual charge if it agrees to accept the goods for return.6.2If MGL does not receive the returned goods in their original condition MGL reserves the right to charge for, and the customer agrees to pay, the cost of any repairs necessary to bring the goods back to their original state.
7.DEFECTIVE OR DAMAGED GOODS
7.1If the customer receives goods which are defective or damaged then within 3 business days of the date of the delivery of the goods the Customer must notify MGL and confirm the full details in writing within 7 days of the date of delivery.
7.2Provided that MGL receive the notification detailed in section 7.1 MGL will, at its option, repair or replace free of charge the defective or damaged goods.
7.3MGL has a very short period of time to claim against carriers for damgeto goods in transit, therefore it is vital, in the customer’s own interest, to comply with the time limits given. We regretthat if the customer does not notify MGL of defective or damaged goods within the time limits set out in section 7.1, irrespective of who has signed for the goods at point of delivery, the customer shall not be entitled to reject the goods and will be obliged to pay for the full price of the goods and MGL will have no further liability to the customer.
7.4MGL shall not be liable for any defects in the goods which arise from any drawing, specification or design supplied by the customer.
8.1All goods remain the property of MGL until MGL has received cash or cleared funds in full payment of the price of the goods.
8.2Until property in the goods passes to the customer, the customer will hold the goods as MGL’s fiduciary agent and bailee and, at no cost to MGL, will keep the goods separate from any other goods and property stored, protected, insured against “all risks”, and specifically identified as being the property of MGL. If the goods are re-sold then the customer will keep any proceeds of sale separate from any other moneys or property and will account to MGL for the proceeds of the sale.
8.3Until property in the goods passes to the customer and provided the goods have not been re-sold, MGL are entitled to require the Customer to return the goods to MGL and if the Customer fails to do so MGL will be entitled to enter the Customer’s premises or any other premises where the goods are located and repossess the goods.
9.1Risk for any goods passes upon delivery to the customer.
9.2MGL shall not be responsible for any loss, damage, or injury or other claim consequential upon, or incidental to;
9.2.1 The no delivery of goods
9.2.2 The use of any goods, materials or equipment it supplies.
10.DISTANCE SELLING REGULATIONS (“DSR”)
Although our customers are mostly business customers, we do accept orders from the general public. For private individuals only (“consumer”) the terms of the DSR apply to all orders. Where there is a direct conflict between these Terms & Conditions of Sale and provisions of the DSR then the DSR provisions shall prevail. The DSR provides for a 7 day “cooling” off period during which the customer may cancel the contract. This period commences on the day after the day the goods are delivered and any cancellations must be notified in writing to MGL within 7 days thereafter. For a valid cancellation a full refund including delivery costs will be made to the customer within 3 days of the date of cancellation. However, the consumer must return the goods MGL and is responsible for the costs of returning the goods except where the goods are damaged or faulty or substitute goods have been despatched in which case MGL will refund the cost of carriage.
All contracts entered into by MGL and the customer shall be governed and construed in accordance with by the laws of England in all respects and the parties irrevocably submit to the jurisdiction of the English Courts.