Mi-King - Conditions of Sale
1. PRICE Materials offered or agreed to be supplied will be charged at the quoted contract order/acceptance price except in circumstances covered below:
(a) Mi-King Limited, hereafter referred to as “the Company”, reserves its right to adjust its price by any increase or decrease in the appropriate prices for steel products published by Corus Group Plc, its subsidiary companies, agents, or successors, or by other steel suppliers where applicable to the product concerned.
(b) ‘The Company reserves its right to adjust its prices for material imported into the United Kingdom by any increase or decrease equivalent to a change in the level of Import Duty, tax or parity rate of the National Currency concerned applicable to the particular product concerned.
2. TITLE Legal Title to the goods shall not pass to the Customer until the Company has received in full (in cleared funds) all sums due in respect of (a) the goods and (b) all other sums which are or which become due to the Company from the Customer on any account. In the event of default in payment, the Company shall have the right to collect such goods as remain its property without hindrance. The Customer may, acting for this purpose and this purpose only as agent for the Company sell any of the goods and shall hold upon trust for the Company all proceeds of sale thereof until all monies owing as aforesaid have been paid in full to the Company. Risk in respect of the goods shall pass to the Customer on delivery.
3. DIRECT OR CONSEQUENTIAL LOSS There shall not be any liability on the Company or any direct or consequential loss, injury or damage of any description caused or alleged to have arisen by reason of any failure or defect whatsoever in respect of any goods supplied or by reason of the failure of the Company to deliver the goods or any part thereof at the time or times stated in the contract.
4. DAMAGE IN TRANSIT No claim for material damaged in transit will be considered by the Company unless:
(a) An appropriately qualified signature, eg, “Material received damaged, (signed)”, is clearly made by the Customer on the delivery note.
(b) The Company is advised in writing, in addition to (a) above, within THREE days of receipt of material.
5. SHORT WEIGHT No allowance for claims for short weight will be made unless the Company is given an opportunity for verifying the same within THREE days.
6. WAREHOUSE RISK Except where goods are held specifically under UKWA conditions, where material is being held in stock on a customer’s account, all warehousing risks, including fire, theft, deterioration and damage during storage, remain the responsibility of the Customer, howsoever they may be caused.
7. DELIVERY INSTRUCTIONS Every effort will be made by the Company to comply with the Customer’s delivery instructions. However, should a Customer amend the delivery instructions, the Company reserves the right to invoice in full the value of the goods in the month of the original delivery instruction. Thereafter, all warehousing costs become the liability of the Customer and, likewise, all warehousing risks as in 6 above lie with the Customer, howsoever they may be caused.
8. PAYMENT Payment for goods is due on or before the last working day of the month following the month of delivery, (“the due date”). The Company will have the right to charge interest on any unpaid amounts from the due date to the date of receipt of payment at a rate of 3% above Barclays Bank Plc Base Rate calculated on a daily basis.