top of page

Terms & Conditions | MS (Midlands) Ltd

These Terms and Conditions ("Terms") govern the sale of goods ("Goods") by MS (Midlands) Limited ("the Seller") to any purchaser ("the Buyer"). By placing an order with the Seller or accepting delivery of the Goods, the Buyer agrees to be bound by these Terms.

​

1. ORDERS AND ACCEPTANCE

1.1. All orders are subject to acceptance.​

1.2. Acceptance of the Goods upon delivery constitutes the Buyer's acceptance of these Terms in their entirety.

2. RISK AND TITLE

2.1. Risk in the Goods shall pass to the Buyer upon delivery.

2.2. Title to the Goods shall not pass to the Buyer until the invoice for the Goods has been paid in full.

2.3. Until payment is received in full, all Goods shall remain the property of the Seller.​

3. PAYMENT TERMS

3.1. Payment in advance is required for the Buyer’s initial order. Thereafter, payment shall be made in full upon delivery unless otherwise agreed in writing.

3.2. The Seller reserves the right to cancel any unshipped orders if payment is not received by the agreed due date, without prejudice to its right to claim damages.

4. PRODUCT INFORMATION AND COLOUR MATCHING

4.1. Vinyl sample colour swatches may be provided by the Seller upon request. Suggestions for suitable board match colours are indicative only.

4.2. The Seller accepts no liability for complaints or claims, either directly from the Buyer or third parties, regarding colour-matching expectations or any related financial consequences.

4.3. Illustrations, descriptive materials, brochures, catalogues, website media or advertisements are for informational purposes only and do not form part of any contractual agreement.​

5. ORDER ACKNOWLEDGEMENTS AND BUYER OBLIGATIONS

5.1. The Seller will issue an Order Acknowledgement for each order.

5.2. It is the Buyer's responsibility to review all details in the Order Acknowledgement. Any discrepancies must be reported to the Seller in writing within 24 hours of receipt.​​

6. PRICING

6.1. Prices are based on those ruling at the time of order. Written confirmation of prices is available upon request.

6.2. The Seller reserves the right to amend its prices to reflect changes in market conditions, including fluctuations in material costs.

6.3. All quoted prices are exclusive of VAT and carriage, which will be charged at the applicable rate.​

6.3.1 All quoted prices expire after 30 days from document creation.

7. DELIVERY

7.1. Risk in the Goods passes to the Buyer upon delivery.

7.2. The Seller shall not be liable for any delay in delivery, howsoever caused, nor shall any such delay constitute a breach of contract.

7.3. If delivery is delayed at the Buyer’s request for more than 30 days, payment for any manufactured Goods shall become immediately due.​

8. DEFICIENCIES, DEFECTS, AND CLAIMS

8.1. The Buyer must inspect the Goods immediately upon delivery.

8.2. The Buyer must notify any deficiencies and defects to MS (Midlands) Limited within three (3) days of delivery.

8.3. Any claims for shortages or damage must be reported to the Seller in writing by 4:30 PM on the next working day following delivery and supported by an endorsed delivery or carrier note.

8.3.1 Any claims for damage must be supported with photographic evidence.

8.4. The Seller shall not accept any claims for deficiencies or defects notified outside these timeframes.

9. RETURNS AND CREDIT

9.1. Goods shall not be accepted for return or credit unless prior written agreement has been obtained from the Seller.

10. WARRANTY AND LIABILTY

10.1. The Seller warrants that the Goods will, upon delivery:

10.1.1. Conform in all material respects to their description.

10.1.2. Be free from material defects in design, material, and workmanship.

10.1.3. Be of satisfactory quality in accordance with the Sale of Goods Act 1979.​

10.2. The Warranty Period is six (6) years. For replacement or free-of-charge (FOC) Goods, the warranty period shall commence from the original invoice date.​

10.3. The Seller’s obligations under the warranty are limited, at its discretion, to repairing defective parts, replacing the Goods, or issuing a refund.​

10.4. Replacement parts may not be identical but shall be similar in nature.​

10.5. In the event that the original colour has been discontinued, the nearest possible alternative will be offered.​

10.6. Any Goods that are repaired or replaced by the Seller, including any repaired or replacement Goods, shall be covered under this Warranty for the remainder of the original Warranty Period applicable to the Goods initially supplied. For the avoidance of doubt, the Warranty Period shall not be extended as a result of the provision of replacement Goods or parts, nor by any repairs made to the Goods or parts thereof.​

10.7. The Seller reserves the right to charge the Buyer for warranty service work if the defect arises due to negligence, improper use, or issues unrelated to manufacturing defects.​

11. EXCLUSIONS FROM WARRANTY COVERAGE

11.1. The Seller shall not be responsible for the provision of, or the rectification of, the Goods under this Warranty in the following circumstances:

11.1.1. Where the Customer continues to use the Goods after notifying the Seller of a defect in accordance with Section 10.

11.1.2. Where the defect arises due to fair wear and tear, willful damage, negligence, or abnormal storage or working conditions.

11.1.3. Where the damage to the Goods results from improper installation, inadequate maintenance, improper product use, after-market modifications, normal weathering, exposure to highly corrosive environments, or any damage caused by fire, accident, flood, acts of God, vandalism, building settlement, or structural failures, or any other circumstances beyond the control of MS (Midlands) Limited.

11.1.4. Where the damage is caused by the use of unsuitable cleaning materials or chemicals.

11.1.5. Where the damage occurs as a result of any alteration, modification, vandalism, accidental damage, misuse, neglect, overloading, or abnormal use of the Goods.

11.1.6. Where the damage is caused during transportation to site or installation of the Goods.

11.1.7. Where repairs are attempted or carried out by any party other than the Seller or a third party authorized by the Seller.

11.1.8. Products situated below a sink, or those covering a dishwasher or washing machine, are not covered by the Warranty, except where damage is not attributable to excessive steam or water contact.

11.1.9. Products placed near heat sources such as ovens, radiators, grills, boiling kettles, toasters, etc., are excluded from the Warranty unless protected by suitable heat strips, and a sufficient gap is left to allow heat to escape.

12. STORAGE AND INSPECTION

12.1. The Buyer shall store all Goods in a secure and protected manner. In the event of a claim for defects, the Buyer must ensure the Seller is granted adequate inspection facilities.

13. SPECIFICATIONS AND TOLERANCES

13.1. All specifications, tolerances, dimensions, and colours are subject to applicable standards and normal manufacturing tolerances.

14. LATE PAYMENTS AND INTEREST

14.1. Failure to pay any invoice by the due date entitles the Seller to suspend or cancel any outstanding orders without prejudice to its legal rights.​

14.2. Interest on overdue payments shall be calculated from the due date at a rate of 3% above the prevailing base rate until payment is received in full.​

15. LIMITATION OF LIABILTY

15.1. The Seller shall not be liable for any consequential, incidental, or indirect losses arising from the supply of Goods, including but not limited to loss of profits or revenue.

15.2. The Seller’s liability shall, in all cases, be limited to the value of the Goods supplied.

16. GENERAL

16.1. These Terms shall be governed by and construed in accordance with the laws of England and Wales.

16.2. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

16.3. These Terms constitute the entire agreement between the Seller and the Buyer regarding the subject matter hereof and supersedes and replaces all prior or contemporaneous agreements, understandings, negotiations, representations, warranties, and conditions, whether written or verbal, express or implied, regarding the subject matter of these Terms.

16.4. The Seller and the Buyer agree that any previous terms and conditions, proposals, or agreements relating to the sale of goods or services that are inconsistent with or contradictory to the terms set forth herein are null and void. No modifications or amendments to this Agreement shall be binding unless made in writing and signed by authorized representatives of both Parties.

bottom of page