All dealings including all quotations and any other order placed following such quotation are subject to the following conditions of sale in which MK Limited is referred to as "the Company"
1) Validity of Quotation
No order received from a customer by the Company and no purported variation of these terms shall constitute a contract until accepted in writing by the Company. The company reserves the right to refuse any order, including subsequent to the sending of an order acknowledgement email/letter/fax.
Prices quoted by the Company are current but we reserve the right to make changes if necessary due to manufacturers changes or currency fluctuations. All prices quoted or shown are exclusive of any applicable value added tax at the prevailing rate.
Payment must be received for the whole of the price of the Goods you order, and any applicable charges for carriage and insurance, before your order can be accepted unless we have agreed otherwise in advance in writing such as a pre-approved credit account facility.
3.1 No payment shall be deemed to have been received, until the Company has received cleared funds.
3.2 Until full payment has been received and funds have been cleared, goods will remain the property of the Company. Subsequent orders and deliveries will be refused until such payment is received.
4) Delivery & Returns
Delivery periods and dates are given in good faith, but the Company shall not be liable or responsible for any variation. No liability will attach to the Company if delivery periods or dates are not met for any reason whatsoever. Please advise us of any non-delivery within 7 days and confirm in writing to enable us to claim under the carriers terms. Any shortage or damage on delivery must be reported to us immediately and confirmed in writing within 3 days.
Should you wish to return an item (excluding kitchen equipment, please see 'Returning Kitchen Equipment', below), contact our Sales Order Line on 01634 281128 who will discuss the details with you. If it is agreed that the goods can be returned, we will be happy to refund in full or exchange, if it is un-used, in full re-saleable condition and in the original undamaged packaging. Returns should then be made within 30 days.
Should goods be delivered faulty, incorrect or damaged, please report to us immeduately and confirm in writing within 3 days of delivery.
Please note that there may be a carriage charge for any items returned.
Returning Crockery, Glassware, Kitchen Utensils
Please check all relevent product sizes prior to ordering your goods. Crockery, Glassware and Kitchen Utensils are regarded as 'bespoke, special order' items by the Company and are specially sourced from the specification you supply or choose from the range here offered. If you are in any doubt, please contact our Sales Order Line and they will assist you further. Only place your order when you are absolutely sure the item in question is correct for your needs.
Should you wish to return your glassware or crockery item(s) for any reason, it must firstly be agreed with the Company. A restocking charge of 20% may apply, and goods must be returned at your cost and at your instigation. This does not effect your rights in regard to the 'Distance Selling Regulations'. The goods must arrive back in their original packaging and in a resaleable condition. In the event that you no longer have the packaging, we will be unable to accept the item(s). Credit will only be issued once the goods have been received and inspected by MK. In the event of returned goods being used and un-saleable, no credit will be given, and the goods will returned to the customer and carriage charged accordingly.
Returning Kitchen Equipment
Please check all relevant sizes, specifications, electrical or gas requirements (additional fittings or hoses that may be required etc) prior to ordering your goods. Electrical and Gas appliances are all regarded as 'bespoke, special order' items by the Company and are specifically sourced from the specifications you supply. If you are in any doubt, please contact our Sales Order Line and they will assist you further. Only place your order when you are absolutely sure the item in question is correct for your needs.
Should you wish to return your kitchen equipment item(s) for any reason, it must firstly be agreed with the Company. A restocking charge of 25% may apply, and we reserve the right to charge for return carriage. This does not effect your rights in regard to the 'Distance Selling Regulations'.
Please note that any kitchen equipment items returned must be in their original packaging together with all manuals and accessories. In the event that you no longer have the packaging, we will be unable to accept the item(s). Credit will only be issued once the goods have been received and inspected by MK. In the event of returned goods being used and un-saleable, no credit will be given, and the goods will returned to the customer and carriage charged accordingly.
Samples can be supplied but may be chargeable. Please discuss your requirements and any charges that may be made for goods and carriage with our Sales Order Line.
The Company is governed by each individual manufacturers warranty. The Company's obligation is to make enquiries on behalf of The Customer to enable the manufacturers warranty to be made effective as far as is reasonably possible. The Company has no obligation to instigate repairs on equipment beyond the expiry of the warranty date. The company accepts no liability in regard to equipment that has not been properly maintained.
Please see separate Carriage Terms information area.
The risk in the goods shall pass to the customer on delivery to the customer or (if earlier) when possession of the goods is taken by a carrier for delivery to the customer.
9) Force Majeure
The Company shall not be liable to the customer, or deemed to be in breach of any contract with the customer, by reason of any delay in performing, or any failure to perform, any of the Company's obligations in relation to the goods. If the delay or failure was due to force majeure or to any other cause beyond the Company's reasonable control.
10) Reservation of Title
The goods sold under these Conditions shall remain the absolute property of the Company and legal title in the goods shall remain with the Company until payment in full of all amounts invoiced or due to the Company in respect of the Goods. If the customer shall enter into liquidation, have a winding-up order made against it, or have a receiver, administrator or administrative receiver appointed over its assets, income or any part thereof before the property in the Goods has passed in accordance with this condition, the Company shall be entitled, immediately after giving notice of its intention to repossess the goods, to enter upon the premises of the customer with such transport as may be necessary and to repossess any Goods to which it has title under this condition. No liquidator, receiver, administrator administrative receiver of the Customer shall have authority to sell goods to which the Company has title without the prior written consent of the Company
10.1 Until such time as the property in and legal title to the Goods passes to the Customer, the Customer shall hold the Goods as the Company's fiduciary agent and bailee and shall keep the Goods separate from those of the Customer and third parties and properly stored, protected, insured and identified as the Company's property. Until that time, the customer shall be entitled to resell or use the Goods in ordinary course of its business, but shall account to the Company for the proceeds of sales of the Goods, including insurance proceeds, and shall keep all such proceeds separate from any moneys of the customer and of third parties.
10.2 The Customer shall not be entitled to pledge or charge, by way of security for any indebtedness, any of the goods which remain the property of the Company but, if the Customer does so, all moneys owing by the Customer to the Company shall (without prejudice to any other right or remedy of the reseller) forthwith become due and payable.
10.3 The Company shall be entitled to maintain an action for the price of the goods notwithstanding that title in them has not passed to the customer.
11) Insolvency of a Client
If the customer, being a body corporate, shall pass a resolution or suffer an order of the Court to be made for winding-up, or if a receiver, administrator or administrative receiver shall be appointed or, being an individual or partnership, shall suspend payment, propose or enter into any composition or arrangement with his or their creditors, or have a bankruptcy order made against him or them, then the Company shall have the right, without prejudice to any other contract with the customer, not to proceed further with the contract, and shall be entitled to charge for work already carried out (whether completed or not) and for goods and materials already purchased for the customer, such charge to be an immediate debt due from the customer.
12) Applicable Law
These conditions shall be governed by and construed in accordance with English Law and the parties acknowledge the exclusive jurisdiction of the English Courts.