Terms and Conditions

1. DEFINITIONS
"Buyer" is the purchaser of the goods.
"Contract" is any contract between the Seller and the Buyer.
"Goods" are goods and products sold by the Seller.
"Seller" is MK Workwear Ltd.

2. APPLICATION of CONDITIONS
All Goods are sold by the Seller on the following Conditions, unless otherwise agreed in writing.

3. PRICES
a. Prices quoted are subject to change without notice. The price payable will be that current at the date of despatch.
b. Prices quoted exclude value added tax and carriage.

4. ACCEPTANCE
a. Each order is an offer by the Buyer to buy Goods subject to these conditions.
b. No order placed by the Buyer shall be deemed to be accepted by the Seller until a written acknowledgement is issued by the Seller.

5. DELIVERY
a. Any dates specified by the Seller for delivery are intended to be an estimate and time for delivery shall not be made of the essence by notice. If no dates are specified delivery shall be within a reasonable time.
b. The Seller shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by the Seller's negligence), nor shall any delay entitle the Buyer to terminate or rescind the Contract unless such delay exceeds 90 days.
c. The Seller may part-deliver the Goods. Each delivery shall be invoiced and paid for in accordance with the provisions of the Contract.
d. Each delivery shall be a separate Contract and no cancellation or termination of any one Contract relating to a delivery shall entitle the Buyer to repudiate or cancel any other Contract or delivery.
e. The Seller will make delivery as near as possible to the Buyer's said address provided there is safe and adequate access. The Buyer will provide adequate unloading facilities and the necessary plant power and labour on the day notified by the Seller for delivery to unload within a reasonable time. Damage due to careless unloading shall be at the Buyer's risk.


6. NON-DELIVERY
a. No Liability for alleged shortages of delivery or non-delivery of Goods will be accepted by the Seller unless claims are notified in writing within 3 days of delivery or 10 days from date of invoice for non-delivery.
b. Any liability of the Seller for non-delivery arising out of Condition 6a will be limited to replacing the goods within a reasonable time or issuing a credit note at the prices invoiced for the Goods.


7. DESCRIPTION AND QUALITY OF GOODS
a. The Seller is not the manufacturer of the Goods and gives no guarantees as to the washing stability, colour fastness, durability or making up quality of the Goods. Fabric composition is given as guide only and the Seller reserves the right to change composition without prior notice.
b. The Buyer is responsible for verifying the suitability and quality of the Goods prior to use.
c. Subject to Conditions 5, 6, 7a & 7b, the following provisions set out the entire financial liability of the Seller (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Buyer in respect of:
1.Any breach of these Conditions.
2. Any use made or resale by the Buyer of any of the Goods, or of any product incorporating any of the Goods.
3. Any representation, statement, or tortuous act of omisssion including negligence arising under or in connection with the Contract.
d. All warranties, conditions and other terms implied by statute or common law (save for the condtions implied by section12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by the law, excluded from the Contract.
e. Nothing in these conditions excludes or limits the liability of the Seller:
For death or personal injury caused by the Seller's negligence. Under section 2 (3) of the Consumer Protection Act 1987.
For any matter which it would be illegal for the Seller to exclude or attempt to exclude its liability.
For fraud or fraudulent misrepresentation
f. Subject to Conditions 7d and 7e:
The Seller's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Contract price.
The Seller shall not be liable to the Buyer for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (however caused) which arise out of or in connection with the Contract


8. RETURN OF GOODS
a. The Seller will not accept the return of Goods which have been embroidered, printed, or altered in any way.
b. The Seller will not exchange Goods if they have been worn and are no longer saleable.
c. The Buyer has not right to return any Goods supplied pursuant to contract without prior written authorisation by the Seller. All requests for the return of Goods must be made within 3 days of delivery.
d. The Seller reserves the right to apply a handling charge on any Goods returned.


9. OWNERSHIP OF GOODS
a. All Goods shall be at the Buyers risk from the time of delivery but will remain the property of the Seller until all payment in respect of any Goods delivered by the Seller to the Buyer has been paid in full.
b. The Seller may at any time when payment is due to the Seller for any Goods retake possession of all the Sellers Goods then in the custody of the Buyer.
c. The Buyers rights to hold or deal in any way with the Sellers Goods shall terminate automatically and the Seller shall be entitled to immediately recover the Goods if:
The Buyer being an individual, becomes bankrupt or is the subject of a bankruptcy petition or enters into any arrangements with creditors.
The Buyer being a limited company is subject to the appointment of of an administrative receiver or goes or is forced into any form of insolvency.
The Buyer authorises the Seller, its employees or agents to enter the Buyers premises for the purpose of enforcing these provisions.


10. PAYMENT
a. Unless otherwise specifically agreed in writing by the Seller, payment for the Goods is due to the Seller within 30 days of the contract.
b. The Seller reserves the right to charge interest at 4% above the base rate at Lloyds TSB plc on any amount overdue, from the due date to the date of payment. The Seller reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.
c. The Seller may set off against any overdue account any sums due for any reason from the Seller to the Buyer.
d. Time for payment shall be of the essence.
e. No payment shall be deemed to have been received until the Seller has received cleared funds.
f. All payments payable to the Seller under the contract shall become due immediately on its termination despite any other provisions.
g. The Buyer shall make all payments due under the Contract in full without any deductions whether by way of set off, counterclaim, discount, abatement or otherwise unless the Buyer has a valid court order requiring an amount equal to such deductions to be paid by the Seller to the Buyer.


11. CANCELLATION
a. Any orders placed by the buyer shall be treated as a firm commitment and cancellation will not be accepted unless agreed in writing by the Seller.
b. The Seller will make all reasonable efforts to fulfil its obligations under such orders but shall not be liable for any cancellations or suspensions of such orders caused by events beyond the control of the Seller.


12. REPRESENTATIONS
No statement, warranty, condition or recommendation made by the Sellers employees or agents shall vary or override these conditions.


13. WAIVER
The failure of the Seller to exercise or enforce any rights under the Contract shall not be deemed to be a waiver of that right nor operate to bar the exercise or enforcement of it at any time or times thereafter.


14. ENTIRE AGREEMENT
This Contract constitutes the entire understanding between the parties with respect to the subject matter of the Contract and supersedes all prior agreements, negotiations and discussions between the parties relating to it.

15. THIRD PARTY RIGHTS
The parties to this Contract do not intend that any that any term of of this Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.


16. LAW
a. These conditions and all transactions between the Seller and the Buyer shall be governed by English Law and any disputes arising shall be resolved by the Courts in England.
b.If any condition herein becomes or shall be declared by a Court to be invalid or unenforceable that shall not impair or affect all other Conditions, which will remain in full force and effect.