Terms & Conditions
Trading as: Macer Cricket Ltd, 8 Upland Rise, Westbury, Wiltshire, BA13 3HW
1.1 "Buyer" means the organisation or person who buys or agrees to buy the Goods from the Seller;
1.2 "Buyer’s Purchase Order" means an order for Goods by the Buyer and acknowledged by the Seller in accordance with clause 2.2;
1.3 "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
1.4 "Delivery Date" means the date specified by the Seller when the goods are to be delivered;
1.5 "Goods" means the articles that the Buyer agrees to buy from the Seller;
1.6 "List Price" means the list of prices of the Goods maintained by the Seller as amended from time to time;
1.7 "Price" means the price for the Goods excluding VAT (if applicable) or any analogous sales tax, carriage, freight, postage or insurance costs;
1.8 "Seller" means Macer Cricket Ltd. 8 Upland Rise, Westury, Wiltshire, BA13 3HW;
1.9 "Terms and Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller;
1.10 It is expressly understood that neither the Buyer nor the Seller are consumers, as defined by the Unfair Contract Terms Act 1977;
1.11 Any reference to a statutory provision shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
2.1 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions that the buyer may purport to apply under any purchase order, confirmation of order or similar document.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions.
2.3 If no notification from the buyer within 24 hours of receipt of the Sales Acknowledgement and/or acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
3 Price & Payment
3.1 The Price shall be that in the Seller’s current List Price, or such other price as the parties may agree in writing. The Price is exclusive of VAT or any analogous sales tax, carriage, freight, postage or insurance costs. The buyer accepts the price in the Sales Acknowledgement.
3.2 Credit Account Payment of the Price and VAT and any other applicable costs shall be due within 30 days of the date of receipt of the invoice supplied by the Seller.
3.3 Buyers without credit account need to pay in full (cleared funds) before the goods can start production or to leave the sellers premises.
3.4 Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 4.00% per annum above the base rate;
3.5 Prices shown in catalogues and price lists are not guaranteed. Errors and omissions must be accepted by the buyer.
3.6 The seller reserves the right to amend prices without prior notice.
3.7 If the credit account of the buyer is not fully paid up-to date when goods are due to leave the premises the seller has to right to `put on hold` the buyers account until the account has been paid. This can still be enforced if a particular order has been received, acknowledged and actually paid for in full. The account must be fully up to date before any further orders can leave.
3.8 The buyer must notify the seller in writing within 10 days of receipt of the invoice if they consider the invoice to be incorrect in any way. If there is a discrepancy then the buyer should pay what they consider to be correct within the agreed credit terms. The discrepancy will be investigated by the seller on receipt of the complaint.
4 The Goods
4.1 The quantity and description of the Goods shall be as set out in the Buyer’s Purchase Order. On `specially manufactured` orders the ordered qty may differ by a manufacturer’s qty tolerance of plus or minus 10%. The buyer will accept this qty and will accept invoices and will pay for this qty.
4.2 The Goods shall be required only to conform to the specification in the Buyer’s Purchase Order. Photographs are for illustrative purposes only and may not exactly match the product itself. Products may vary in colour, shade and size. It is possible to get difference in shades, sizes and colours on one order. This has to be accepted by the buyer.
4.3 All back orders arising from non deliveries will be shipped as merchandise becomes available unless previously cancelled by the customer and are subject to carriage charges.
4.4 No claims of any nature can be accepted for damages, loss of income, or lost orders due to back orders to out of stock items.
4.5 No claims of any nature can be accepted for damages to marble bases. Transportation of marble bases is entirely at the buyer’s risk.
4.6 All heights and descriptions shown in catalogues and price lists are approximate and are not subject to guarantee of accuracy.
4.7 Restocking of unwanted or over ordered goods is not allowed by the seller.
4.8 Embellishes/personalised items - Any product that has had additional embellishment or personalisation e.g. club crest, company logo's, name, number, initials, are exempt from our money back guarantee. We will not accept returns of embellished/personalised goods except where the goods are deemed faulty.
5 Delivery of the Goods
5.1 Unless otherwise agreed, delivery of the Goods shall take place at the address specified in the Buyer’s Purchase Order and the Buyer shall be deemed to have accepted the Goods upon their delivery. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
5.2 The Delivery Date specified by the Seller is an estimate only. Time for delivery shall not be of the essence of the Contract.
5.3 If the Seller is unable to deliver the Goods for reasons beyond its control, then the Seller shall be entitled to place the Goods in storage until such times as delivery may be affected and the Buyer shall be liable for any expense associated with such storage.
5.4 The Buyer must notify the Seller of any damages or shortages within 24 hours of receipt.
5.5 Substitutions; where possible substitutions will be made by the seller if considered to be appropriate. Without reference to the buyer.
5.6 Risk shall pass on delivery of the Goods to the Buyer.
5.7 If the buyer cancels an order (for any reason), the seller can charge the buyer for any costs that have occurred. This can be goods, materials, labour, re-stocking, carriage etc.
6.1 The Seller warrants that it has good title to the Goods.
6.2 Title to the Goods shall not pass to the Buyer until the Seller has been paid in full for the Goods.
7.1 Where the Goods have been manufactured by the Seller and are found to be defective, the Seller shall repair, or in its sole discretion, replace defective Goods free of charge, subject to the following conditions:
7.1.1 The Buyer notifying the Seller of the defect within 48hours of delivery;
7.1.2 The Seller is comfortable that the defect has not occurred after the delivery;
7.1.3 The defect being due to the faulty design, materials or workmanship of the Seller.
7.2 Any Goods to be repaired or replaced shall be returned to the Seller at the Buyer’s expense.
7.3 Where the Goods have been manufactured and supplied to the Seller by a third party, any warranty granted to the Seller in respect of the Goods shall be passed on to the Buyer.
7.4 Subject to the Seller’s liability under Clause 6 and subject to Clause 8, the Seller shall be under no liability whatever to the Buyer for any loss (including loss of profit), costs, damages, charges or expenses incurred by the Buyer or for any loss or damage to or caused by the Goods.
7.5 Subject to this Clause 7 and to Clause 8, all other warranties, conditions or terms whether made expressly or implied by common law or by statute relating to use, quality, and/or fitness for purpose are excluded.
8 Limitation of Liability
8.1 Subject to Clauses 8.2 and 8.3, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods.
8.2 Nothing contained in these Terms and Conditions shall be construed so as to limit or exclude the liability of the Seller for death or personal injury as a result of the Seller’s negligence or that of its employees or agents.
8.3 Nothing contained in these Terms and Conditions shall be construed so as to limit or exclude the liability of the Seller for breach of the warranties contained in Clause 6 or for breach of warranty as to title and quiet possession implied by the Sale of Goods Act 1979 where such Act applies to the Contract.
9 Force Majeure
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations. This would also be the case if the seller’s suppliers had failed to deliver on time or to fail in any way shape or form.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
11 Governing Law & Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the Law of England and Wales and the parties hereby submit to the exclusive jurisdiction of the Courts of England and Wales.
12 Confidentiality & the Sellers Property
The buyer shall under no circumstances exchange comments, information and/or detail about the sellers company, the sellers products, or the sellers service to any other form of media, companies or individuals. Any form of complaint must be directed towards the seller and only the seller.
The buyer shall keep in strict confidence the existence of these terms and conditions and all in-put material and all technical or commercial know-how, specifications, inventions, processes, initiatives, and details of the order and any information about the orders and any information between the two parties which are of a confidential nature and have been disclosed to the buyer by the seller, its employees, agents, consultants or subcontractors, and any other confidential information concerning the sellers business or its products which the buyer may obtain. The buyer shall restrict disclosure of such confidential material to the buyers’ team and to such of its other employees, agents, consultants or subcontractors as need to know it for the purpose of discharging the buyer's obligations to the seller, and shall ensure that the buyer's team and all other employees, agents or subcontractors are subject to obligations of confidentiality corresponding to those which bind the buyer.
All the sellers equipment and all other materials, tools, drawings, specifications and data supplied by the seller to the buyer shall, at all times, be and remain as between the seller and the buyer the exclusive property of the seller, but shall be held by the buyer in safe custody at its own risk and maintained and kept in good condition by the buyer until returned to the seller. They shall not be disposed of or used other than in accordance with the sellers written instructions or authorisation.