Terms of service

1. Definitions
a) “Buyer” means the person, firm or company making an order which is accepted by the Company.
b) “Company” means Matting Ltd
c) “Conditions” means these Conditions of Sale.
d) “Order” means the order for the products placed by the Buyer or where the context so requires the contract formed by the Company’s acceptance of the order.
e) “Products” means the products supplied by the Company subject of the order.

2. Conditions
The Company shall be bound only when the Buyer’s Order has been acknowledged by the Company. Any such acknowledgement shall be deemed to incorporate these Conditions of Sale which shall supersede all conditions specified by the Buyer to the extent that they conflict or are inconsistent therewith. If the Buyer seeks to impose any such conditions in his order, its acceptance of the products shall nonetheless be deemed to constitute acceptance of these conditions. No statement made by any of the Company’s representatives will vary or over-ride and of these conditions unless agreed to in writing by the Company under the signature of the Managing Director.

3. Quality
a) The Company hereby warrants that the products will conform to any specification agreed by the Company in writing and that they will be within an agreed tolerance band accepted by the industry.
b) The liability of the Company for breach of such warranty or under any claim in respect of any defect in the products shall be limited to the replacement of the defective products or, at the Company’s option, to reimbursement of the price paid by the Buyer for the products.
c) The Buyer will not be entitled to make any claim in respect of any such defect under such warranty unless the claim is notified to the Company in writing immediately the defect first comes to notice of the Buyer and, in any event, not later than 2 months from the delivery of the Products.

4. Purpose
The Buyer shall satisfy himself as to the suitability of the Products for the purpose for which it requires them and shall not be entitled to rely on recommendations or suggestions in any literature of the Company as statements of fact or representations

5. Delivery
a) The Company shall use all reasonable endeavours to ensure a delivery of the products on the agreed date. However, whether or not a date of delivery is specified on the order, the time of delivery shall not be of the essence. The Company shall not be liable for delay in delivery however so caused.
b) If the Buyer fails to accept delivery of the Products, The Company shall be entitled, after a period of one month from the original delivery date on which the Products were not accepted, to attempt to dispose of them elsewhere and to invoice the Buyer for the purchase price of the Products less the disposal value received.
c) The Buyer is responsible for informing the Company in writing of any site specific delivery requirements e.g. tail lift required on delivery vehicle. The Company shall not be liable for a failed delivery and the Buyer will be charged full rate for any subsequent attempted deliveries.

6. Loss or Damage in Transit
a) If some of the Products are damaged in transit, the Buyer must inform the carrier immediately and refuse delivery of the damaged items. The Buyer must also inform the Company of this within 3 days of the delivery. If the products are not received, the Buyer must notify the Company within 7 days of receipt of the invoice or agreed delivery date whichever is sooner.
b) Any written acknowledgement by the Buyer to the carrier that all products have been received in good condition shall be conclusive as between the Company and the Buyer.

7. Price
All prices quoted shall be subject to Value Added Tax and any other government duty or tax which is applicable and may be altered by the Company by notice to the Buyer at any given time before delivery of the products. If any such alterations result in an increase of such prices, the Buyer may cancel the relevant order providing written notice is given to the Company within 7 days of receipt of the Company’s notice or before delivery of Products whichever is earlier. 

8. Quotations
All quotations are valid for 30 days unless otherwise stated at the time of the quotation. The Company reserves the right to withdraw the quotation if no qualified Order is placed by the Buyer within the valid period stated.

9. Settlement Terms
a) All Accounts, unless otherwise agreed and stated on the acknowledgement and invoice, are payable by proforma invoice and would need to be settled before the Products are dispatched.
b) If a credit term of strictly 30 days is given, the Company reserves the right to charge interest on overdue accounts at the compound rate of 1.5% per month for the first month or part of the month and thereafter at the compound rate of 2.5% per month or part month. The Company may alter this rate on giving the Buyer one month’s notice in writing.
c) Where the contract is or may be fulfilled in separate instalments or parts, payment for each shall be made as if each constituted a separate contract.
d) Any charge levied by bankers for dealing with dishonoured cheques will be re-invoiced to the Buyer in default.
e) When reciprocal trading takes place, the Company reserves the right to offset any monies due to the Buyer against monies due by the Buyer.

10. Risk
Risk on all Products shall pass to the Buyer on delivery

11. Title of Goods
Title of the goods shall only pass to the Buyer upon payment in full of the price thereof together with any and all sums owing and due to the Company of whatever nature and whether under the contract or otherwise. 

The Company reserves the right to re-possess any goods supplied by the Company under the same or any other contract whether in respect of which payment is overdue or which have themselves been paid for and thereafter to re-sell the same at prices consistent with immediate sales; monies obtained will be credited to offset in whole or in part the outstanding debt, less costs incurred in the re-possession and sale.

12. Force Majeure
The Company shall not be liable to the Buyer for failure to deliver the Products or for any delay in delivery of the Products where such failure is wholly or mainly due to any cause outside the Company’s reasonable control, including but not limited to shortages of raw materials, reduction in, or unavailability of power, breakdown of plant or machinery, riot and civil commotion or acts of God.

13. Cancellation
a) If the Buyer fails to make any payment to the Company for the Products on the due date or otherwise commits a breach of any of the Conditions then the Company may give the Buyer written notice specifying:
(i) The nature of the alleged breach.
(ii) The steps necessary to remedy such breach.
(iii) The time (which shall not be less than 30 days) within which such breach should be remedied. If the buyer should fail to comply to the Condition within the time specified in any such notice then the Company may by notice in writing to the Buyer cancel the order and/or further or other orders which may be outstanding between the Buyer and the Company.
b) In the event that the Buyer calls a meeting of or enters into any arrangement or composition with its creditors, or becomes subject to bankruptcy order, or (being a company) passes an effective resolution or becomes subject to an order for its winding-up (other than for the purposes of amalgamation or reconstruction) or has a receiver appointed in respect of the whole or any part of its undertaking or assets then each and every order which may be outstanding between the Buyer and the Company shall be automatically cancelled without the need for any further action on the part of the Company.
c) In the event of Cancellation in accordance with (a) or (b) above
(i) The Company shall be entitled to reclaim the Products in accordance with the provisions in paragraph 11 above: and
(ii) The Buyer shall remain liable to pay to the Company the full purchase price plus accrued interest where applicable for the products less the disposal value received by the Company for the whole or part of the Products in its possession or reclaimed by the company under paragraph 11 above.
(iii) The rights of the Company under this paragraph 13 shall be in addition to any other rights in the contract or otherwise that it may have against the Buyer.

14. Variation
No variation of these Conditions shall be valid unless in writing and duly signed on behalf of the Company by the managing director.

15. Law and Jurisdiction
These conditions are governed by English Law. Any disputes arising out of these Conditions shall be submitted to the exclusive jurisdiction of the English Courts.

16. Legal
Matting Ltd is a UK registered company
Company Number: 08599377
Vat No.: 166 4588 70
Registered company address:

Matting Ltd
2 The Quadrangle
Welwyn Garden City
AL8 6SG