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Terms & Conditions

GENERAL
(a) in these conditions
(i) ‘Seller’ means Mobile Music Harrogate Ltd (ii) ‘Goods’ means the goods or service supplied to the buyer (iii) ‘The Buyer’ means the purchaser of the goods.
(b) This contract contains the entire bargain between the seller and the buyer and in the case of any inconsistency between the terms and conditions shall prevail.
(c) Any descriptions or illustrations in the sellers catalogues (if any) price lists and other advertising materials are intended merely to present a general idea of the goods and shall not form representations or part of the contract.
(d) Any concession or waiver made by the seller at any time shall not prejudice the exercise of its right hereunder.
(e) The buyer is deemed to have satisfied himself that the goods are suitable to the purpose and capable of performing the function and use to which it is intended to put them.
(f) No waiver, alterations or modifications of these Terms and Conditions shall be valid unless in writing, signed by the duly authorized representative of the party, against whom the same shall be sought to be enforced.
(g) The seller reserves the right to correct any clerical errors made by its employees at any time.
(h) Each of the clauses of these General Terms and Conditions of sale and every part thereof shall be separate and severable to the intent that if one clause or part thereof shall be unenforceable the other clauses and parts of the respectively shall be effective.
(i) The exclusions and limitations contained in these General Terms and Conditions of sale only apply so far as permitted by ‘The Supply of Goods (Implied Terms) Act 1973’ ‘The Consumer Credit Act 1974’ and the ‘Unfair Contract Terms Act 1977’ or any other statute or amendment thereof or Order there under.

 

PRICE
(a) The contract price is based on the cost of materials, labour, sub-contracts, taxes and currency exchange rates ruling at the date of the order. The seller reserves the right to amend the contract price to take account of any variations in these costs or the imposition of any new taxes or duties occurring from whatever cause between the date of the Buyer’s Order and of the goods.
(b) Unless expressly stated otherwise, all prices are exclusive of VAT.

 

PAYMENT TERMS
Payment terms thirty days Nett unless otherwise stated.

 

DELIVERY
The seller shall use its best endeavours to meet any delivery date but any date named by the seller for delivery is given and intended as an estimate only and is not to be the essence of the contract. The buyer shall nevertheless be bound to accept the goods when available. The seller shall not be liable in any way in respect of late delivery howsoever caused nor shall such failure be deemed to be a Breach of Contract.

 

FORCE MAJEURE
If events beyond the seller’s reasonable control prevent the seller from performing its obligations hereunder the seller may without liability cancel this contract.

 

LIMITATIONS OF LIABILITY
(a) The seller warrants that the goods correspond with the description and sample (if any) are or merchantable quality and where a particular purpose has been expressed in writing them the goods are fit for such purpose.
(b) Any claim for breach of the above warranty must be made in writing within seven days of the receipt of the goods.
(c) It is the responsibility of the buyer to inspect and test the goods and each and every part thereof before use to see that they are in order.
(d) Insofar as the seller is liable for any of the cost claim or demand whatsoever of the buyer, the liability of the seller shall be limited to (at the discretion of the seller) either (i) replacing the defective goods (ii) making good the defect (iii) allowing full credit for the cost of the defective goods or work done on them by the seller provided that the goods have been returned to the seller’s premises for examination at the expense of the buyer.
(e) Same as above, the seller shall not be liable in any way whatsoever (including consequential loss) for any misrepresentation or breach of Warranty or condition ether expressed or implied whether by statute or otherwise in way relating to the goods. This limitation of liability is because the seller has on control over the application of the goods nor the environment in which they are used. The buyer is at liberty to negotiate with the seller on a particular order (but in writing prior thereto) for an amendment to this condition so that the limit of liability shall not apply or shall be amended. The seller shall in its sole discretion decide whether or not such amendment or deletion shall apply, but will normally enquire whether insurance cover can be obtained the cost of which will be payable by the buyer.

 

TIME FOR NOTIFYING DELIVERY SHORTAGES
The seller shall not be liable in any way whatsoever for short delivery of goods unless a claim is notified to the seller within three days of delivery.

 

OVERDUE PAYMENT AND CANCELLATIONS
(a) If any payment is overdue or if the buyer shall have failed to take delivery of the goods then the seller
(i) shall be entitled to charge interest at a rate equal to 6% above base lending rate of Yorkshire Bank Limited from time to time on all overdue payments, or
(ii) the seller shall be entitled to suspend or cancel further deliveries or other services under this and any other contract between the parties hereto.
(b) For the purpose of this condition time of payment shall be of the essence of this contract.
(c) The buyer shall not be entitled to with hold or set off payment for any reason whatsoever.

 

PASSING OF RISK
The risk in the goods shall pass to the Buyer when the Seller supplies the goods to the Buyer and the Seller shall have no responsibility in respect of the safety of the goods thereafter.

 

PASSING OF TITLE
(a) The ownership of the goods shall remain with the Seller which reserves the right to dispose of the goods until payment in full for all the goods has been received by it in accordance with the Terms of this Contract. If such payment is overdue in whole or part or the buyer commits any act of bankruptcy or if any resolution of petition to wind up the Buyer’s business shall be passed (other than for the purpose of amalgamation or reconstruction) or if a Receiver of the Buyer’s undertaking is appointed, the Seller (without prejudice to any of its other rights) may recover or re-sell the goods and may enter upon the Buyer’s premises by its servants or agents for that purpose.
Until the Seller is paid in full for all the goods the relationship of the Buyer to the Seller shall be fiduciary in respect of the goods or other goods in which they are incorporated or used or if the same are sold by the Buyer the Seller shall have the right to trace the proceeds thereof in accordance with the principles in ‘in re Hallett’s estate’ A like right for the seller shall apply where the buyer uses the products in any way so as to be entitled to payment from a third party.

 

INDEMNITY
The Buyer shall indemnify the Seller against all claims and demands whatsoever made by any person or persons against the Seller in respect of injury, loss or damage arising directly from the delivery and use of the goods supplied by the Seller howsoever caused and whether or not amounting to negligence on the part of the Seller.

 

BREACH
If the Buyer:
(a) Makes default in or commits any breach of its obligations to the seller hereunder or
(b) Is involved in any legal proceedings in which its solvency is involved or
(c) (being a company) commences liquidation or
(d) Ceases or threatens to cease to trade or if serious doubt arises to the Buyer’s solvency then in such case the Seller shall immediately become entitled (without prejudice to its other claims and rights under this contract) to suspend further performance of this Contract for such time not exceeding six months as it shall in its absolute discretion think fit or (whether or not notice of such suspension shall have been given) to treat the Contract as wholly repudiated by the Buyer and forthwith to terminate the Contract.
The Seller will notify the Buyer of the exercise of its options to suspend or terminate this Contract within a reasonable time of its becoming aware of the fact of default on the Buyer’s part giving rise to the Seller’s rights under this condition.

 

JURISDICTION
This Contract shall be interpreted according to the Law of England and the Buyer hereby accepts the jurisdiction of such courts whether in England or elsewhere, as the Seller may nominate for the purpose of trying any action arising out of this contract.