Terms & Conditions

A copy of the Company Terms and Conditions must be signed by every customer prior to their first order.  In instances where it has not been signed, when a customer signs a copy of a Proforma invoice, it shall be deemed as a written acceptance of the Terms and Conditions of MFC GROUP (UK) LTD and its trading companies including Inter Asia ltd, Inter Brazil Ltd and Inter Europe Ltd, Inter India ltd and Inter S.E.A. Ltd.  A copy is always followed once an order is confirmed. Should no comments be noted the Terms are valid.

Delivery Dates All delivery dates quoted are estimated only and are not binding by the Company.  Whilst every endeavour will be made to comply with these dates, the Company shall have no liability whatsoever for any delay in despatch or delivery or for any loss occasioned thereby.

 

Should expedited delivery be agreed and necessitate overtime or other additional costs the Company shall, at their discretion, be entitled to charge to the Customer for all overtime and other additional costs so incurred.

 

Delivery Goods shall be accepted when delivered and if not so accepted, the Company will charge all subsequent transport, storage and other costs incurred.

 

All orders are shipped FOB (Free On Board) except where other agreements have been made in writing.

 

Payment Payment shall become due for goods supplied hereunder on receipt of a Payment Request Form and copies of shipping documents, which will be sent by fax, email and/or post, and before delivery of goods.  A Proof Of Payment is required in order to authorise the sending of the original documents from the factory in order to release the container once it has docked.  This might be in the form of a SWIFT copy, or a notification from the Customer’s bank, which should be sent by fax to The Company.

 

Offsetting of any kind is not permitted under any circumstances.

 

Please note that the original documents will take approximately 7 working days to arrive in the UK, and this must be taken into consideration when arranging and making payment.  Failure to pay in a timely manner will result in the late release of the container and therefore the incurrence of a quay rent and/or demurrage charge.  The Company will under no circumstances be liable for this charge in any way.

 

If payment is not received in full in accordance with agreed payment terms, the Company reserve the right to charge interest on any account outstanding on a day-to-day basic rate of 2% above the base lending rate.  This interest will be charged from the due date for payment until the date payment has cleared.  The Customer shall pay all charges, costs and legal fees incurred in collecting amounts owed.

 

Nothing in this clause however shall prevent the Company from charging for the storage of goods, the delivery of which has been wrongfully refused by the Customer.

 

The due date for payment by the Customer shall be of the essence.

 

Claims The Customer shall inspect all goods as soon as reasonably practicable after delivery and shall in any event give notice in writing to the Company and to the carrier (if any) within fourteen days of delivery as to any alleged shortfall or defects.

 

If the goods are agreed by the Company to be defective, the Company will (at its option) either re-supply the goods in question, or credit the invoice value of the goods against a future order from the same supplier, and as such will be in full satisfaction of any claim by the Customer.  Failing such notice, the goods shall be deemed to be in accordance with contract and the Customer shall be deemed to have accepted the goods and to be liable to settle their account.  Please note that all claims are between the Customer and the production factory, and that The Company is, and will only act as, an intermediary to ensure that a timely and satisfactory conclusion for all parties is reached.

 

The quantity of any consignment of Goods as recorded by the Company on the Packing List upon despatch from the factory shall be conclusive evidence of the quantity received by the Customer on delivery, unless the Customer can provide conclusive evidence to the contrary.

 

In the event of a container lost at sea, the Customer will need to refer to the Terms and Conditions of their Shipping Agent, as all goods are FOB.

 

 

Rectification The Company reserve the right to rectify products where appropriate once a claim has been made.  Each case will be considered and agreed on an individual basis, including any costs incurred for such an exercise.

 

Testing

 

 

 

Audits and Ethical

 

 

Third Party Inspection

 

 

Product Testing and Testing costs are at the cost of the Costumer unless otherwise agreed in writing.

Should the company not be informed of testing for particular products prior to shipment, the Company will not be responsible for any subsequent loss or charges incurred by the Costumer.

 

Any Audits of any form or shape of our Suppliers or our Company must be advised in advance and costs here of unless otherwise agreed are at the cost of the Costumer.

 

Third Party inspection is at the cost of the Costumer at any time and any event unless otherwise agreed.

Spare Parts Policy FOC Spare parts may be requested to the Company by the Customer for a period of up to twelve weeks following delivery of a container.  Wherever possible, the parts will be put on the next available container in order to save costs.  If this is not possible, the Company will pay for an alternative method at its discretion.  For claims made after twelve weeks, the Company reserve the right to charge for the parts and the freight of the parts.  Each request will be considered and agreed on an individual basis.

 

   
Passing Of Risk / Title The risk in goods to be supplied shall pass (if there is no agreed place for delivery) when notice is given to the Customer that the goods are ready for collection by the Customer, or (if there is an agreed place for delivery) either on delivery by the Company into the hands of a carrier or (where the Company is itself the carrier) on delivery to such agreed place.  No other responsibility shall be incurred by the Company for damage or loss in transit.

 

 

The Customer’s right to possession of the goods shall terminate immediately if:-

i)                The Customer has a bankruptcy order made against him or makes an arrangement or composition with his creditors, or otherwise takes the benefit of any Act for the time being in force for the relief of insolvent debtors, or convenes a meeting of creditors or enters into liquidation except a solvent voluntary liquidation for the purpose only of reconstruction of amalgamation, or has a received and/or manager, administrator or administrative receiver appointed of its undertaking or any par thereof, or a resolution is passed or a petition presented to any court for the winding up of the Customer or for the granting of an administration order in respect of the Customer, or any proceedings are commenced relating to the insolvency or possible insolvency of the Customer; or

ii)               The Customer suffers or allows any execution, whether legal or equitable, to be levied on his/its property or obtained against his/it, or fails to observe/perform any of his/its obligations under the Contract or any other contract between the Company and the Customer, or is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or the Customer ceases to trade; or

iii)              The Customer encumbers or in any way charges any of the goods

 

The Company shall be entitled to recover payment for the goods notwithstanding that ownership of any of the Goods has not passed from the Company.

 

The Customer grants the Company, its agents and employees an irrevocable licence at any time to enter any premises where the goods are or may be stored in order to inspect them, or, where the Customer’s right to possession has terminated, to recover them.

 

Retention of Title

 

 

 

 

 

Liability

Title to {the Goods} shall remain vested in {the Seller MFC GROUP and its trading companies} and shall not pass to {the Buyer} until the purchase price for {the Goods} has been paid in full and received by {the Seller}.

 

 

The Company shall incur no liability for direct, indirect or consequential loss, injury or damage to persons or property from any cause whatsoever as a result of the handling of goods not in accordance with any safety instructions which may be issued from time to time or supplied by the Company with the goods or with any government regulations or codes of practice from time to time in force.

 

Any liability incurred by the company for any direct, indirect or consequential loss, injury or damage to persons or property resulting from any negligence, delay, defect or failure in the goods or from any cause whatsoever shall be limited to a sum equal to the charges for the goods or that part so affected.  In no circumstances shall liability attach to the Company in respect of delay defect in the goods or any default resulting from the specification by the Customer of unsuitable material.

 

Force Majeure The following paragraphs of this clause shall apply in the case of ‘Force Majeure’ which phrase shall mean:-

i)                any circumstances (including Act of God) beyond the control of the Company, or

ii)               fire, flood, power failure, reduction of power supplies, mechanical failure or lack or shortage of materials (not being due to the wilful act or wilful default of the Company) or,

iii)              (Whether or not within the Company’s control) strikes, lock-outs, industrial disputes or action taken by the Company or any other person, firm or company in connection therewith or in consequence or furtherance thereof.

 

In the event of Force Majeure, there shall be no breach of this contract. However, the duties and obligation of both parties under this contract shall be suspended for so long as the Force Majeure subsists.  The delivery date shall be deferred for a period equal to the length of such suspension unless the Force Majeure has resulted in the destruction of any goods to be provided in which case the Company may nominate a new delivery date.

 

Should any period of suspension last for ninety days or more, the Customer may by notice in writing to the Company elect to terminate the contract and take delivery of any part of the goods available.  The Company may make a proper charge for all goods so provided.

 

Notwithstanding the above paragraphs, the Company shall be under no liability to the Customer in the event of the Company’s failure, delay or default in carrying out its obligation due in whole or in part to Force Majeure.

 

Remedies Termination of any contract/order for whatever causes shall not affect the rights or remedies of either party in respect of any antecedent breach or in respect of any sum of money owing or to become owing by the other.

 

Notice In every case where notice is required to be given, such shall be deemed to be served when delivered by hand or posted to the last known address of the party to be served.

 

Law These conditions shall be governed by and construed in accordance with the laws of England.

 

Headings Headings are inserted for ease of reference alone and shall not affect the meaning or interpretation of these conditions.