Terms and Conditions of Sale
Your orders are accepted on the basis that the terms and conditions below shall apply to the order and any subsequent contract between us. Please read them carefully.
1.0 Formation of a Contract
1.1 No order submitted shall be deemed to be accepted by us unless and until you receive our written Acknowledgment of order.
1.2 This order shall be accepted entirely at our discretion and shall constitute a legally binding contract between us and you and such contract is hereafter referred to in these terms and conditions as "an order".
1.3 These conditions shall override any contrary, different or additional terms and conditions contained or referred to in any quotations, estimates, prior order forms or other documents from us. No addition, alteration, substitution or waiver of these terms and conditions will be valid unless expressly accepted in writing by us or a person authorised to sign on our behalf.
1.4 Nothing in these terms and conditions shall prejudice any condition or warranty expressed or implied, or any legal remedy to which we may be entitled in relation to the goods/and or the work the subject of this order.
1.5 In these conditions “Writing” includes email, facsimile and other comparable means of transmission.
2. Price of the Goods
2.1 All goods supplied by us shall be in accordance with the price quoted. We reserve the right, by giving you notice at any time before delivery, to increase the price of the goods to reflect any increase in the cost to us due to any foreign exchange fluctuation, currency regulations, alteration of duties, any change in delivery dates, quantities or specifications for the goods requested by you, or any delay caused by any instructions from you or your failure to give us adequate information or instructions.
2.2 The price is exclusive of any applicable value added or other sales tax, which you will be additionally liable to pay to us.
2.3 If the rate of value added tax (VAT) increases between the date of your order and the date of delivery we will add the necessary additional amount of value added tax to the price of the goods.
2.4 If the price of the goods increases for any other reason between the date of your order and the date of delivery we will notify you of this and give you the choice of accepting the price increase or cancelling the order in which case any deposit paid by you will be refunded in full.
3. Acceptance
3.1 You will be deemed to have accepted all goods upon their delivery by us to the address specified in the order.
3.2 We must be informed in writing within 7 days of acceptance of the order of any changes, alterations, reductions or cancellations. We reserve the right to retain any deposits or charge in full for any goods supplied or fabricated where cancellation is not made within the period specified.
4. Delivery and Risk
4.1 Unless otherwise agreed, the price quoted does not include delivery to the address specified in the order.
4.2 Whereas we will try to ensure compliance with any delivery times and dates given, such times and dates are an estimate only. We will not be responsible for any loss whatsoever arising from or consequential upon delay in delivery.
4.3 Risk in the goods shall pass to you upon delivery.
4.4 Where the goods are to be delivered in installments each delivery will be treated as a separate contract. Failure to deliver any one or more of the installments to you, or any claim by you in respect of any one or more installments will not entitle you to repudiate the whole contract.
5.0 Title and Payment
5.1 We warrant that we have good title to the goods and will transfer such title as we have in the goods to you pursuant to paragraph 5.3 below.
5.2 Payment is due 30 days from the date of invoice to approved credit accounts. A 2% discount is available if payment is made within 8 days of invoice date. Al other accounts are payment in advance by bank-transfer or cheque.
5.3 We will charge daily interest on late payment of the amounts due, at a rate of 4% per annum above the then base lending rate at Bank of England from the date the payment was due until actual date of payment.
5.4 Title to the goods comprised in the order shall not pass to you until you have paid the full price, although we reserve the right to sue for the price once payment becomes due notwithstanding that title may not have passed.
6. Damage in Transit
We will replace free of charge any goods proved to our satisfaction to have been damaged in transit provided that such damage is notified to us or the carriers in writing within 7 days.
7. Force Majeure
7.1 We shall not be liable for delay or failure to perform any of our obligations under this order if the delay or failure is caused by any circumstances beyond our reasonable control.
7.2 For the purposes of this condition, "force majeure" shall include, but not be limited to acts of God, war, terrorism, civil disorder, industrial dispute, fire or explosions.
7.3 Upon the happening of a "force majeure" event we shall be entitled to a reasonable extension of time for the performance of our obligations.
8. Guarantees
8.1 Subject to the conditions set out below we warrant that the goods will correspond with their specification at the time of delivery and will be free from defects in material and workmanship, subject to the following conditions:-
8.1.1 We will not be liable for any defect in the goods arising from any drawing, design or specification supplied by you.
8.1.2 We will not be liable for any alteration or repair to the goods carried out without our prior written agreement.
8.1.3 We will not be liable under this guarantee (or any other guarantee) if the total price for the goods has not been paid by the due date for payment.
8.2 Any claim you may have which is based on any defect in the quality or condition of the goods, or their failure to correspond with specification (whether or not you refuse delivery) must be notified to us within 7 days of the date of delivery or within 14 days of the date of delivery where the defect or failure was not apparent on reasonable inspection. If you do not notify us within this timescale you will not be entitled to reject the goods and will be bound to pay the price as if the goods had been delivered in accordance with the contract.
8.3 If after inspection by us we find there is a valid claim in respect of any of the goods which is based on any defect in the quality or failure to meet the specification, and you have complied with clause 8.2 above, then we will replace the goods free of charge or, at our discretion, issue a credit note for the price of the goods (or a proportionate part of the price), but we will have no further liability to you.
8.4 Where you allege that the goods supplied by us are defective, in accordance with this clause, you may not return the goods to us without our approval in writing.
8.5 We shall not be liable to you or be deemed to be in breach of the contract by reason of any delay in performing or any failure to perform any of our obligations in relation to the goods if the delay or failure was due to any cause beyond our reasonable control.
9. Exclusions
9.1 We do not exclude liability for death or personal injury, however we shall not be liable for any direct loss or damage suffered by you howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
9.2 We shall not under any circumstances be liable for any indirect or consequential loss howsoever caused whether by negligence, breach of contract, misrepresentation or otherwise.
9.3 We or our insurers shall not be liable or investigate any claim for loss unless you have given written notice to us within 14 days of its occurrence and given us or our insurers every facility to investigate such occurrence.
10.0 Firearms Act
10.1 The buyer will quote his Firearms dealers License number on all orders for firearms governed by the Firearms Act
11. Complaints
11.1 We aim to provide a high level of service. If you do have an enquiry or complaint regarding the goods provided by us please address them to Dai Griffiths, Midland Gun Company Limited, Ffinnant, Trefeglwys, Caersws, Powys, SY17 5QY.
12. Jurisdiction
12.1 If any part of these terms and conditions are found to be unlawful it shall not affect the validity or enforceability of the remaining clauses. These terms and conditions shall be construed in accordance with the laws of England & Wales and shall be subject to the exclusive jurisdiction of the English/Welsh courts.