TERMS AND CONDITIONS
MAKASI IMPORTS LTD
HATCH FARM, CHERTSEY RD, ADDLESTONE, SURREY KT15 2EH
Sales Tel: 01932910533, FAX 01932300101
Website: www.makasiimports.co.uk e-mail: email@example.com
Terms & Conditions
"The Seller" MAKASI IMPORTS LTD
"The Buyer" means the person, partnership, firm or company which places the order with the seller.
"The goods" means the article, things or items described in the order.
"The Order" means the order placed by the buyer for the supply of the goods.
MAKASI IMPORTS LTD reserves the right to change these terms and conditions from time to time without notice to you and the changes will take place on the day they are posted. Any such changes will be posted on our website.
MAKASI IMPORTS LTD is a trade only supplier (Seller) and requires evidence of business trading before supplying any potential Buyer. If we ask, the Buyer must provide documentary proof (i.e. Vat Certificate, Business invoices, etc.).
The Seller reserves the right to reject any application they feel is not ‘bona fide’ trade.
The Seller reserves the right to cancel trade accounts without notice.
The Seller reserves the right to change prices without notice.
PURCHASE OF PRODUCTS
The Seller requires a minimum order value of £400 + vat for orders placed at Trade Show events.
The Seller requires an annual minimum spend of £1,000.00 + vat on all Trade Accounts. Accounts that fall below this value will be revoked and the account closed.
Orders placed for items that are out of stock will be kept on record on your MAKASI IMPORTS LTD trade account, and the items will then be ordered in for you.
The Seller offers a direct container service for Buyers who wish to order items produced in a particular factory. For Buyers who have the ability to take deliveries of containers, possible savings may be made. Please contact the Seller for further details.
PRODUCT DESIGN AND CHARACTERISTICS
We may occasionally alter or slightly change the design of items. We cannot accept these as faults. The majority of our furniture is hand crafted and therefore sizes are only offered as a guide. We reserve the right to change specification without prior notice.
Payment is strictly C.O.D. All new Buyers are required to pay pro-forma by either cash, debit/credit card or bankers draft (unless prior arrangement has been agreed with the Seller). After 3 satisfactory transactions a cheque on delivery will be accepted. If payment is not available after the delivery vehicle is on route, the goods will not be unloaded and a charge of £150 + vat will be levied for cost of dispatch and delivery. If a confirmed delivery is aborted at the request of the Buyer, a £150 + vat charge will be applied. The Seller advises that the Buyer will incur a £30 charge for unpaid/returned cheques. In the event of a returned cheque, all future transactions will be conducted on a cash basis only. Banker’s details and swift transfer details are available on request. We accept all the major credit cards via our online payment service, this is available on your emailed copy of your invoice. All bank card charges will automatically be added on to your invoice if you choose to use this method of payment.
The Seller’s minimum invoice value for delivery to postcodes in England is normally £400 + vat and delivery is normally included, (occasionally there may be a small delivery charge, we will advise the Buyer of this before delivery).
Scotland, offshore Scottish islands, Ireland and Northern Ireland minimum order is £600 + vat (subject to account type), these areas will incur a small delivery charge, to be advised by us before delivery.
For non-retail Buyers i.e. Property Developers/ Home Improvement companies a minimum order value of £500 + vat applies.
Buyer’s premises must have good road access which can accept large lorries (sometimes over 7.5 tonnes) within a reasonable distance from the delivery address. The drivers are unaccompanied and may require assistance with unloading.
Please note our Insurance only covers us for delivery to your door and does not extend to moving items inside your property. Therefore, the Seller is not liable for any damages caused by drivers carrying stock into the Buyer’s premises. Drivers must remain with their vehicle and must not leave the vehicle unattended
All of the Seller’s vehicles operate a multi-drop facility, therefore it is not possible to state an exact delivery time, but the Seller can usually inform the Buyer of the day and whether am or pm. All Drivers maintain constant communication with head office; therefore the Seller can give the Buyer up to date information, whilst the vehicle is on route.
The seller will not deliver to the buyer at a private/residential address unless in exceptional circumstances where the access is good and/or to do so is beneficial to the seller.
Unless otherwise agreed in writing, any delivery times specified by the Seller in its quotation or otherwise, are business estimates only and the Seller will not be liable to the Buyer for any loss or damage (whether direct, indirect or consequential) sustained by the Buyer as a result of the Seller's failure to comply with such delivery times.
The Seller shall have the right to cancel or to reduce the volume of goods delivered if they are prevented from or hindered in delivery of the goods through any circumstances beyond their control including (but not limited to) industrial action, war, fire or prohibition or enactment of any kind, without incurring any liability for any loss or damage.
In the event that the buyer fails to unload the goods within 1 hour of their arrival at the Buyers premises or such other destinations as notified to the seller at the time of placing the order, the buyer shall be liable to the seller for the additional costs incurred by the seller.
The seller shall not be liable to the buyer for any damage or loss arising directly or indirectly from any delay in delivery.
The Seller will deliver to any designated shipper within mainland UK. The minimum invoice delivery value is variable depending on area, please contact us. All delivery/freight costs after UK delivery are to be borne by the Buyer. For large orders the Seller can pack and load full containers on site.
All containers, transport costs, etc, are to be the responsibility of the Buyer. Container packing costs and all export orders that require extra packaging will incur an extra charge as follows:- 10% up to £1000, 7.5% up to £5000, 5% up to £10,000 and 3% up to £20,000, unless previously negotiated with the Seller. If Export packaging is not requested all goods will be dispatched in ordinary packaging and any other protection will be presumed to be the responsibility of the designated Shipper. Banker’s details and swift transfer details are available on request.
RETURNS, DAMAGES/DISCREPANCIES UPLIFTS
ALL GLASS AND PRODUCTS CONTAINING GLASS MUST BE FULLY CHECKED ON DELIVERY AND SIGNED FOR AS SATISFIED ON DELIVERY.
OTHER PRODUCTS NOT CONTAINING GLASS: The Buyer must inspect the condition of the goods immediately upon receipt and report in writing, within 48 hours from such inspection, via email with photos to support, to the seller of any damaged or discrepancies of goods. If the buyer fails to give such notice the condition of the said goods shall be deemed to be in all respects in accordance with the contract and the buyer shall be bound to accept and pay for the same accordingly. Please ensure the persons unwrapping the items are very careful to keep the packaging intact. This is essential in preventing the items being damaged on return. Under no circumstances can we accept returns that do not have their original packaging.
The Seller is unable to accept returns for items that have not been delivered by MAKASI IMPORTS LTD. The Seller will not be held responsible for any damages incurred via a third party carrier/couriers including own transport. All goods must be checked within 48 hours before transporting on to end user. The Seller will not accept items returned for credit (except for manufacturing faults) when the buyer has used a third party carrier to collect or deliver goods, including own transport. It is recommended that the Buyer ensures any transport companies, collecting or delivering on the Buyer’s behalf, have the necessary insurance in place.
Goods are not accepted by the Seller for return from the Buyer without the prior consent of the seller.
All delivery notes must be signed, dated and name printed by the Buyer. In the event that the quantity of goods delivered falls short or exceeds the quantity specified on the delivery note, the actual quantity unloaded shall be recorded on the delivery note by our driver and then must be signed by the Buyer
If goods are to be returned the Buyer must request an uplift in writing via email to firstname.lastname@example.org within 48 hours of receipt, via email giving notice to the Seller that the goods (or any part thereof) will be ready for collection, the Seller will arrange for collection on the next available order delivery. The Seller requests that the goods must be returned in the original packaging or packaging of a similar nature for goods with manufacturing faults eg bubble wrap and cardboard.
All items to be returned must be packaged in original packaging and ready for uplift when the driver arrives at your business premises.
Drivers will refuse to uplift any items that are deemed to be inadequately packaged.
Only two separate attempts will be made to uplift the items. If the items are still not available your uplift request will be cancelled and no credit will be issued.
All returned goods are subjected to a full Quality Control inspection before any decision regarding refund is made. MAKASI IMPORTS LTD has the final say on whether an item is defective or not. The value of the refund issued to the Buyer is at the Sellers discretion and each case will be considered on its own merit. When the decision to refund has been made a Credit Note will be issued on your MAKASI IMPORTS LTD account.
All orders must be cancelled in writing via email. Orders can only be cancelled prior to despatch. Once the items have left MAKASI IMPORTS LTD the full delivery and returns costs will be incurred.
The Buyer will be charged £20.00 minimum or 20% for any items returned to stock at the Buyers request.
The MAKASI IMPORTS LTD warehouse is open Monday-Friday, from 8am – 5pm. Buyers are permitted to visit the warehouse, please contact us beforehand to arrange an appointment, as this is a very busy working environment, children under the age of 16 will not be permitted entry.
A collection facility is in operation, minimum purchase is £300 + vat (subject to Account type). If same day collection is required, orders must be placed before 11am.
Unless, otherwise agreed in writing by the seller, these conditions supersede any earlier conditions appearing in the seller's catalogue or elsewhere and override any terms and conditions stipulated, incorporated or referred to by the buyer, whether in the order or in any negotiations and all guarantees, warranties or conditions (including any conditions as to quality or fitness for particular purpose) whether express or implied by statute, common law or otherwise are excluded and hereby negated (save where such exclusions are prohibited by the Unfair Contract Terms Act 1977).
All Drawings, photographs, illustrations, specifications, performance data, dimensions, weights and the like, whether contained in the contract or made by way of representation, have been provided by the Seller in the belief that they are as accurate as reasonably possible, but they do not constitute a description of the goods, shall not be taken to be representations made by the Seller, and are not warranted to be accurate.
The sellers employees and agents have no authority to make any representation, statement or report not contained in or incorporated into the quotation by the seller and the seller shall not be bound by any unauthorised representation, statement or report if the seller adopts any changes in construction, design or specification of its products, the buyer shall accept the product so changed in fulfilment of the order.
Contracts are not subject to cancellation without the Seller’s written consent. Where cancellation is accepted, the Seller shall in addition to any express terms of cancellation be entitled to reimbursement of any costs incurred by the seller in connection with the contract.
Under no circumstance shall the seller be liable to the buyer for loss of profits or economic loss. The goods shall be at the buyer's risk from the time of delivery to the buyer's premises or to such other premises notified to the seller on the order.
(a). The goods and any other goods delivered by the seller to the buyer shall remain the sole and absolute property of the seller as legal and equitable owner until such time as all money due to the seller has been paid to the seller.
(b). The buyer acknowledges that they are in possession of all such goods as bailee for the seller until such time as they become the property of the seller under paragraph 23(a) above.
(c). Until the goods become the property of the buyer, the buyer undertakes to store such goods on their own premises separately from their own goods or those of any other person and in a manner which makes them readily identifiable as the sellers goods.
(d). The buyers rights to possession of such goods shall cease if they do anything or fail to do anything which would entitle a receiver to take possession of their assets or which would entitle any person to present a petition for the winding up or bankruptcy of the buyer.
(e). The seller may for the purpose of examination or recovery of their goods enter upon any premises where they are stored or where they are reasonably thought to be stored.
PRICES ARE THOSE RUNNING AT DATE OF DESPATCH, ALL GOODS ARE SOLD SUBJECT TO OUR CONDITIONS OF SALE. NO CLAIMS FOR LOSS, DAMAGE OR NON-DELIVERY WILL BE ENTERTAINED UNLESS NOTIFICATION IS RECEIVED IN WRITING AT THIS OFFICE WITHIN 48 HOURS OF DELIVERY. IF YOU USE OUR ONLINE PAYMENT FACILITY, THE PROCESSING CHARGES WILL AUTOMATICALLY BE ADDED TO YOUR INVOICE. ALL OF OUR PRODUCTS ARE SOLD FOR DOMESTIC USE ONLY, NOT COMMERCIAL USE. ALL GLASS PRODUCTS MUST BE CHECKED ON DELIVERY AND SIGNED FOR AS SATISFIED ON DELIVERY. THESE GOODS REMAIN THE PROPERTY OF MAKASI IMPORTS LTD UNTIL PAID FOR IN FULL.