Terms and Conditions
Definitions
“Buyer” means the company, person(s) or legal entity that accepts a quotation of the Company for the sale of the Goods or whose order for the Goods is accepted by the Company.
“Company” means MAG EQUIPMENT LTD unless stated otherwise on the Contract and order documents.
“Conditions” means the terms and conditions of sale set out in this document, on this website page https://maglaundryequipment.co.uk/terms-and-conditions/, and any special terms and conditions agreed in writing from the Company to the Buyer.
“Contract” means the agreement and legal contract for the purchase and sale of the Goods.
“Delivery Date” means the date specified by the Company when the goods are due to be delivered.
“Goods” means the articles which the Buyer agrees to buy from the Company including but not limited to the products and services set out in the Company’s website.
“Price” means the price for the Goods excluding transport, packing and insurance.
Basis of sale
1.1 These Conditions shall apply to all contracts for the sale of Goods by the Company to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order, confirmation of order or similar document.
1.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions.
1.3 Acceptance of the order confirmation shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions. When the Buyer makes payment, a deposit payment, or accepts delivery of the Goods, it shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.
1.4 Any variation of these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Company.
1.5 Any advice or recommendation given by the Company or its employees or agents to the Buyer or its employees or agents as to the storage, application or use of the Goods which is not confirmed in writing or email by the Company is followed or acted upon entirely at the Buyer’s own risk and accordingly the Company shall not be liable for any such advice or recommendation which is not so confirmed.
1.6 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer invoice or other document or information issued by the Company shall be subject to correction without any liability on the part of the Company.
1.7 Telephone calls and communications may be recorded for quality, monitoring and legal purposes.
The Price and payment
2.1 The Price shall be the Company’s quoted price, or the price agreed in writing by the Company, which shall be binding on the Company provided that the Buyer shall accept the Company’s quotation within thirty days.
2.2 The Price is exclusive of value added tax (VAT) which shall be additional payable at the rate ruling on the date of the Company’s invoice.
2.3 Payment of the Price and VAT shall be due from the date of the pro-forma invoice (unless otherwise agreed with the Company) without deduction or set off.
2.4 The Company reserves the right by giving notice to the Buyer at any time before delivery to increase the Price of the Goods to reflect any increase in the cost to the Company which is due to any factor beyond the control of the Company (such as without limitation any foreign exchange fluctuation currency regulation, alteration of duties, significant increase in the costs of labour materials or other costs of manufacture) any change in delivery dates, quantities or specifications for the Goods which is requested by the Buyer or any delay caused by any instructions of the Buyer or failure of the Buyer to give the Company adequate information or instructions.
2.5 If the Buyer fails to make any payment on the due date, then without prejudice to any other right or remedy available to the Company shall be entitled to:
2.5.1 cancel the contract or suspend any further deliveries to the Buyer.
2.5.2 appropriate any payment made by the Buyer to some of the Goods (or the Goods supplied under any other contract between the Buyer and the Company) as the Company may think fit and charge the Buyer interest (both before and after any judgement) on the amount unpaid at the rate of 5% per cent per annum above the Bank of England base rate.
The Goods
3.1 The quantity, quality, description and specification for the Goods shall be as set out in the Company’s quotation or order confirmation provided to the Buyer.
3.2 The Buyer shall be responsible to the Company for ensuring the accuracy of the terms of any order, including any applicable specification or special requirements, submitted by the Buyer and for giving the Company any necessary information relating to the Goods within a sufficient time to enable the Company to perform the Contract in accordance with its terms.
3.3 If the Goods are to be manufactured or any process is to be applied to the Goods by the Company in accordance with a specification submitted by the Buyer, the Buyer shall indemnify the Company against all loss, damages, costs and expenses awarded against or incurred by the Company in connection with the order, or paid, or agreed to be paid by the Company in settlement of any claim for infringement of any patent copyright, design, trade mark or other industrial or intellectual property rights of any other person which results from the Company’s use of the Buyer’s specification.
3.4 The Company reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable statutory or EC requirements or where the Goods are to be supplied to the Buyer’s specification which do not materially affect their quality or performance.
3.5 No order which has been accepted by the Company may be cancelled by the Buyer except with the agreement in writing of the Company and on terms that the Buyer shall indemnify the Company in full, against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Company as a result of cancellation.
Warranties and Liability
4.1 The Company warrants that the Goods will at the time of delivery correspond to the warranty description given by the Company at order. Unless stated otherwise the warranty will expire 12 months from the Delivery Date, or when the Goods have been used for 3,000 running hours, whichever occurs first.
4.2 The warranty in clause 4.1 is given by the Company subject to the following conditions:
4.2.1 the Company shall be under no liability in respect of any defect in the Goods arising from any drawings, design, installation or specification supplied by the Buyer.
4.2.2 the Company shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Company’s instructions (whether oral or in writing) misuse or alteration or repair of the Goods without the Company’s approval.
4.2.3 the Company shall be under no liability under the above warranty (or any other warranty condition or guarantee) if the Price and value added tax for the Goods has not been paid in full by the Byer by the due date for payment.
4.3 Any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by the Buyer) be notified to the Company in writing on the Delivery Date or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time (no longer than 7 days) after discovery of the defect or failure.
4.4 The Buyer shall inspect the Goods before accepting the delivery and any damaged Goods shall be refused by the Buyer and returned to the Company. If delivery is not refused and the Buyer does not notify the Company accordingly the Buyer shall not be entitled to reject the Goods and the Company shall have no liability for such defect or failure and the Buyer shall be bound to pay the Price as if the Goods had been delivered in accordance with the Contract.
4.5 Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to the Company in accordance with these Conditions the Company shall be entitled to replace the Goods (or the part in question) free of charge or at the Company’s sole discretion refund to the Buyer the Price (or a proportionate part of the Price) but the Company shall have no further liability to the Buyer.
4.6 Except in respect of death or personal injury caused by the Company’s negligence the Company shall not be liable to the Buyer by reason of any representation of any implied warranty condition or other term or any duty at common law or under the express terms of the Contract for any direct or indirect loss or damage including any consequential loss, any loss of profit, economic loss, costs, expenses or other claim whether for damages compensation or otherwise and whether caused by negligence of the Company, its employees or agent or otherwise which arise out of or in connection with the supply of the Goods or their use or resale by the buyer except as expressly provided in these Conditions.
4.7 The Company shall not be liable to the Buyer or be deemed to be in breach of the contract by reason of any delay in performing or any failure to perform any of the Company’s obligations in relation to the Goods if the delay or failure was due to any cause beyond the Company’s reasonable control.
Delivery of Goods
5.1 Delivery of the Goods shall be made to the Buyer’s address, specified on the order confirmation document, on the Delivery Date. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
5.2 Delivery of Goods is only to kerbside (unless arrangements have been made in writing to the Company previously). The Buyer must make arrangements to transport Goods into the Buyer’s premises. The Company will not be liable for any costs in this extra transportation (unless previous arrangements have been made with the Company in writing).
5.2 Any dates quoted for delivery of the Goods are approximate only and the Company shall not be liable for any delay in delivery of the Goods howsoever caused. The Goods may be delivered by the Company in advance of the Delivery Date upon giving reasonable notice to the Buyer. Any lead times, delivery dates or installation dates provided are approximates only and subject to change.
5.3 Where the Goods are to be delivered in instalments each delivery shall constitute a separate contract and failure by the Company to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the Contract as a whole as repudiated.
5.4 If the Buyer fails to take delivery of the Goods or fails to give the Company adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of the Company’s fault) then without prejudice to any other right or remedy available to the Company, the Company may:
5.4.1 store the Goods until actual delivery and charge the Buyer reasonable storage costs (including insurance) or;
5.4.2 re-stock the Goods charging the Buyer a re-stocking fee of 30% of the original purchase price.
5.5 The Buyer shall ensure the Goods, including contents and packaging, are checked carefully for any signs of damage before the Goods are signed for or accepted. The Buyer shall ask the delivery driver to wait until the Goods have been inspected and in the event of any damages or difficulty the Buyer shall not accept the delivery and contact the Company immediately by telephone on 01422 244733.
5.6 The Buyer must refuse any damaged Goods. Once the Goods have been signed for or received the Goods are declared property of the Buyer and the Company will not accept liability or responsibility for any shortages or damages that are later reported. If for any reason damages or shortages are not reported by the Buyer immediately or if the Goods are accepted / signed for then damage / loss claims will not be considered by the Company.
5.7 Due to the size and materials of the Goods, minor or cosmetic damage may occur whilst the Goods are being transported or manoeuvred into position, the Company is not responsible or liable for such damages to the Goods or the Buyer’s property.
Title and risk
6.4 Risk of damage to or loss of the Goods shall pass to the Buyer in the case of Goods to be delivered at the Company’s premises, at the time when the Company notifies the Buyer that the Goods are available for collection, or in the case of Goods to be delivered otherwise than at the Company’s premises at the time of delivery or if the Buyer wrongfully fails to take delivery of the Goods the time when the Company has tendered delivery of the Goods.
6.5 Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions the property of the Goods shall not pass to the Buyer until the Company has received in cash or cleared funds payment in full of the Price of the Goods and all other goods agreed to be sold by the Company to the Buyer for which payment is then due.
6.6 Until such time as the property of the Goods passes to the Buyer the Buyer shall hold the Goods as the Company’s fiduciary agent and bailiff and shall keep the Goods separate from those of the Buyer and third parties and properly stored protected and insured and identified as the Company’s property. Until that time the Buyer shall be entitled to resell or use the Goods in the ordinary course of its business but shall account to the Company for the proceeds of sale or otherwise of the Goods whether tangible or intangible including insurance proceeds and shall keep all such proceeds separate from any monies or property of the Buyer and third parties and in the case of tangible proceeds properly stored protected and insured.
6.7 Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and has not been resold) the Company shall be entitled at any time to require the Buyer to deliver the Goods to the Company and if the Buyer fails to do so the Company and its representatives may enter upon any premises of the Buyer or any third party where the Goods are stored and repossess the Goods.
6.8 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Company but if the Buyer does so all monies owing by the Buyer to the Company shall (without prejudice to any other right or remedy of the Company) forthwith become due and payable.
Installation of Goods
7.1 Installations of Goods undertaken by the Buyer are done so at the Buyer’s own risk.
7.2 Defective Buyer installations will make void any warranties stated in clause 4.1. All costs incurred to make right the Goods following a defective installation by the Buyer will be chargeable at the Company’s hourly labour rates plus the cost of any parts.
7.4 If the Goods are deemed irreparable then the Buyer will have no right of claim against the Company.
7.3 Installation of Goods by the Company will fall into two categories:
7.3.1. Connection to existing services: All services as instructed by the Company i.e. water, drainage, gas, electrical supply, flooring, exhaust venting, make-up air, will be available at the agreed time of installation to within 1 metre of the Goods to be installed. If at the time of installation these services aren’t as stated the Company has the right to:
7.3.1.1 charge extra labour and materials to finish off the installation.
7.3.1.2 charge for a site re-visit charge to finish off the installation once the Buyer has made good the services.
Full install with remedial works: The Company will undertake an install of Goods within the scope of the site survey quoted. If any further installation issues arise beyond the control of the Company, the Company will hold the right charge extra once these issues have been put in writing to the Buyer.
7.4 The Company has the right to leave installations in a non-commissioning state if the services don’t comply to Regulator standards e.g. Gas Safe Regulations, Electrical Connection Regulations. The Contract between the Buyer and the Company will still be deemed binding. If the Company is required to return to site to commission the Goods this will be chargeable at the Company’s present labour rates.
Insolvency of the Buyer
8.1 This clause applies if:
the Buyer makes any voluntary arrangement with its creditors or becomes subject to an administration order or
(being an individual or firm), becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction) or an encumbrancer takes possession or a receiver or manager or administrator receiver or administrator is appointed of any of the property or assets of the Buyer or the Buyer ceases or threatens to cease to carry on business or the Company reasonably believes that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.
8.2 If this clause applies then without prejudice to any other right or remedy available to the Company, the Company shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Buyer and if the Goods have been delivered but not paid for the Price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
Other Terms and Conditions
9.1 All orders, agreements and any Contract between the Company and the Buyer are deemed as business-to-business contracts (B2B) and the Company may exclude or limit any liability for any consumer rights.
9.2 Invalidity and severability. If any provision of the Contract or these Conditions shall be held to be illegal, void, invalid or unenforceable under the laws of any jurisdiction, the legality, validity and enforceability of the remainder of the Contract and Conditions shall not be affected.
9.3 Data Protection. The Buyer and The Company agree that they shall comply with the requirements of the Data Protection Laws and GDPR to the extent that they apply to the Contract and these Conditions.
9.4 Consent. The Buyer grants the Company their permission, authorisation and consent to use and publish the Buyer’s name, details and photographs taken in relation to the Contract. The Company may post any testimonials, reviews and photos of the Goods on social media, online and in other marketing materials.
9.5 Confidential information, non-use and non-disclosure. The Buyer agrees not to use, disclose or make public any confidential information relating to the Company or the Contract. Confidential information includes but is not limited to quotations, prices, product information, information relating to business, service plans, disputes or complaints. The Buyer accepts to compensate the Company for any financial losses, reputational damage and other damages caused by the Buyer disclosing any confidential information relating to the Company.
9.6 Dispute Resolution. The Company and The Buyer shall attempt to resolve any dispute arising out of or relating to this Contract through negotiations between senior executives of the parties, who have authority to settle the same. Any dispute or difference arising out of or in connection with this Contract shall be determined by the appointment of a single arbitrator to be agreed between the Buyer and the Company, or failing agreement within 14 days, after either party has given to the other a written request to concur in the appointment of an arbitrator, by an arbitrator to be appointed by the President or a Vice President of the Chartered Institute of Arbitrators. The Company may issue formal legal proceedings or commence arbitration at any time.
9.7 Complaints Procedure. Early complaints give us the best opportunity to resolve any issues quickly, the Buyer shall email any complaints to info@laundrymachines.co.uk or in writing to MAG Equipment Ltd, MAG House, Chatham Street, Halifax, HX1 5BU.
9.8 Governing Law. The Contract shall be governed by and interpreted in accordance with English Law and shall be subject to the exclusive jurisdiction of the Courts of England and Wales.
9.9 The Buyer agrees and accepts the Company’s liability for any direct loss, and/or expense, and/or other damages shall not exceed 10% of Price of the Goods agreed in the Contract.
9.10 Reasonable effort has been made to ensure the information provided from The Company to the Buyer is accurate, however the Company accepts no liability for any errors, inaccuracies or omissions and shall not be bound in any manner by any information provided.
9.11 The Buyer agrees that the Company, at the Company’s sole discretion, may transfer the Contract to a subsidiary company of MAG Group Holdings Ltd or another third party.
9.12 For safety purposes the Buyer shall only permit trained persons to use, operate and maintain the equipment. The Buyer must ensure the user & installation manuals will be read by all appropriate persons and the Goods will not be operated or handled by anyone who is unfamiliar with these instructions or not competent to do so. The Goods must be installed by a competent person, i.e. a qualified, experienced laundry engineer, to ensure that any associated warranty is not invalidated. All gas appliances must be installed by a Gas Safe registered engineer.
