1.1. These Terms and Conditions shall apply to all contracts for the supply of Goods and Services by the Supplier to the Customer and
shall prevail over any other documentation or communication from the Customer.
1.2. Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.
1.3. Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which
the Supplier may be entitled in relation to the Goods and Services, by virtue of any statute, law or regulation.
1.4. Nothing in these Terms and Conditions shall affect the Customer’s statutory rights as a Consumer.
In this document the following words shall have the following meanings:
2.1. “Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
2.2. “Customer” means any person who purchases Goods or Services from the Supplier;
2.3. “Buyer” means any person who purchases Goods or Services from the Supplier;
2.4. “Goods” means the articles specified in the Proposal;
2.5. “Proposal” means a statement of work, quotation or other similar document describing the Goods and Services to be provided by the
2.6. “Services” means the services specified in the Proposal;
2.7. “Supplier” means Mechanical Services (Wessex) LLP of 19 Mereside,Osprey Quay, Portland, Dorset, DT5 1PY;
2.8. “Seller” means Mechanical Services (Wessex) LLP of 19 Mereside,Osprey Quay, Portland, Dorset, DT5 1PY ;
2.9. “Terms and Conditions” means the terms and conditions of supply set out in this document and any special terms and conditions
agreed in writing by the Supplier.
Quotations do not constitute an offer by the seller to supply the goods or carry out the work referred to therein and no order placed in response to
a quotation will be binding unless accepted by the company in writing whereupon these conditions shall be deemed to be incorporated in the
contract. All such acceptances by the company will be subject to availability of the necessary materials and to the buyer being able to provide
any necessary authorisation and or licences and the same remaining valid.
4. Customers Obligations
To enable the Supplier to perform its obligations the Customer shall:
4.1. co-operate with the Supplier;
4.2. provide the Supplier with any information reasonably required by the Supplier;
4.3. obtain all necessary permissions, licenses and consents which may be required before the commencement of the services, the cost of
which shall be the sole responsibility of the Customer; and
4.4. comply with such other requirements as may be set out in the Proposal or otherwise agreed between the parties.
5. Suppliers Obligations
5.1. The Supplier warrants that the Goods will at the time of delivery correspond to the description given by the customer.
5.2. The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised
standards and codes of practice.
5.3. The Supplier accepts all responsibility for the condition of tools and equipment used in the performance of the Services and shall
ensure that any materials supplied shall be free of defects.
6.1. Where the goods are sold by reference to the seller’s published price list, the price payable for the goods shall be the ruling price as
published in the price list current at the date of despatch of the goods from the seller’s works.
6.2. The supplier makes every effort to ensure that all prices and descriptions quoted in its catalogue and on its website are correct and
accurate. However, inevitably mistakes will occasionally occur. In the case of a manifest error or omission, the supplier will be
entitled to rescind the contract, notwithstanding that it has already accepted the Customer’s order and/or received payment from the
Customer. The supplier’s liability in that event will be limited to the return of any money the Customer has paid in respect of the
order. In the case of a manifest error in relation to price, the Customer will be entitled to purchase the goods by paying the difference
between the quoted price and the correct price, as confirmed in writing by the supplier after the manifest error has been discovered.
6.3. A ‘manifest error’, as the term is used in sub-paragraph (2) above, means, in relation to an incorrect price, a price quoted in error by
the supplier which is more than 10% less than the price that would have been quoted had the mistake not been made.
6.4. In other cases the price stated in the contract is based on the cost to the seller of materials, fuels and power, transport and labour at
the date of acceptance of the order. If at the date of despatch of the goods from the seller’s works (or in the case of services the date
of provision of the service) there has been any increase in all or any of such costs, the price payable for the goods may at the option
of the seller be increased.
6.5. There shall be added to the price for the goods any Value Added Tax and any other tax or duty relating to the manufacture,
transportation, export, import, sale or delivery of the goods (whether initially charged on or payable by the seller or the buyer).
6.6. The seller uses all reasonable endeavours to ensure, as necessary the suitability of packing, but no claim will be accepted by the
seller for damage in transit on the grounds of alleged unsuitability for packing.
6.7. All prices are quoted in pounds sterling unless otherwise specified and all payments must be made in pounds sterling unless