All prices and quotations given are based on the following Terms and Conditions of Business which shall be deemed to be incorporated in any Contract based order. The formation of a Contract requires the placing of an order by the Customer and the acceptance of it by Mediafleet Limited (the “Company”).
The plans, drawings, specifications and samples (and any intellectual property rights subsisting therein) submitted are the property of the Company to be used by the Company and its Customers only.
(i) The specification and quotation detail the work allowed for, and any variations, including those caused by the requirements of Local Authorities or Surveyors, will be charged or credited accordingly. If certain materials are unavailable due to Government regulations or other emergency reasons, substitute materials will be furnished.
(ii) In case of any discrepancy between drawings and specifications, the specification shall prevail.
(iii) If, during the execution of the work, there are alterations in the current wage rates and working conditions in the Industry and/or in the cost of materials, such alterations shall be treated as a variation.
(iv) Unless otherwise specified, this quotation is based on working the usual hours of the Industry, but overtime worked at the Customer’s request may be the subject of extra charge.
(v) Cost involved by a suspension of site work for reasons beyond the control of the Company may be treated as a variation. The specification and quotation will be subject to further variation in respect of any additional items arising by virtue of any Statute, Regulations or Orders issued by any Government Department of any other duly constituted Authority and the Company shall be under no liability for nonfulfillment of any obligation to the extent that this is prevented, frustrated or impeded as a consequence of such Statute, Regulations or Orders
(i) All materials specified are offered subject to the usual trade conditions imposed by the suppliers of such materials.
(ii) Any existing materials on the site replaced by new work become the property of the Company unless agreed otherwise in writing.
The ownership of all materials and goods delivered to the site shall remain the property of the Company and shall not pass to the Customer despite the affixing thereof to the reality until the Company has received payment in full under the Contract and the Company shall be entitled, in the event of the Customer failing to make such full payment (but without prejudice to any other remedy in equity or common law under the Contract) to enter the premises where such materials and goods may be and remove the same, whether erected or not. Risk of damage to or loss of all or any of the goods supplied pursuant to the Contract will pass to the Customer at the time of delivery of the goods by the Company.
Defects after Completion (H)
Should any defects arise which are due to faulty materials and/workmanship on the part of the Company, they shall be rectified without charge provided that notice of such defect shall be given in writing by the Customer to the Company within 6 Calendar months of the completion of the work. After the expiration of the period of 6 months from the completion of the work, no liability shall attach to the Company for any defect howsoever arising.
Payment and Interest on late payment (I)
(i) Any Customer that is accepted by the Company (at its sole discretion) as an account holder (“Account Holder”) shall pay the Company in full and in cleared funds no later than 28 days from completion of the work undertaken or the date of the statement of account (whichever is earlier).
(ii) The Company shall (in respect of any Customer that is not an Account Holder) be entitled (at its sole discretion) to submit interim invoices or require advance payments in anticipation of work undertaken pursuant to a pro-forma invoice at any time following acceptance of an order by the Company and before commencement or completion (as applicable) of the work and shall inform the Customer of its intention to exercise such right.
(iii) Unless advance payments are required in respect of any Customer that is not an Account Holder in accordance with I(ii) above, payment must be made to the Company in cleared funds within 28 days of the date of an invoice issued to the Customer following completion of work. Use of this payment facility by a Customer shall be at the Company’s sole discretion.
(iv) Late payment shall entitle to Company to charge the Customer interest (both before and after any judgement) on the amount unpaid at the rate of 4% per annum above Barclay’s Bank base rate from time to time until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).
(v) In the event of the Customer’s premises being destroyed or substantially damaged by fire, the Customer shall be at liberty to terminate the Contract upon paying the Company for the work actually executed and materials supplied or appropriated to the Contract.
(vi) If the Customer fails to comply with the terms of payment, the Company may suspend work and/or may determine the Contract by notice in writing to that effect and thereupon the Company shall be entitled to be paid for any work completed up to such termination.
Head Office: Horseleys Farm,Tidmington, Shipston-on-Stour, Warwickshire CV36 5LP. T: 01608 664931. F:01608 665919
Production: Mediafleet, Windrush Industrial Park, Witney, Oxon OX29 7HB. T: 01993 772525 F: 01993 776276
Mediafleet Limited. VAT Number 855 8094 87,
Reg.Office: Reading Bridge House, George St, Reading RG1 8LS. Reg.No: 4953861