Terms and Conditions

MANAS INJECTION MOULDING LIMITED TERMS & CONDITIONS OF SALE

1. GENERAL

In these terms and conditions “the Seller” means Manas Injection Moulding Ltd. The “Buyer” means the person, firm or company ordering the Products or requesting the Services from the Seller, “the Products” means the goods manufactured for sale by the Seller, “the Services” mean services, provided by the Seller, for the Production or development, “development of Products” means any products (not being limited to Products) accepted for assistance, advice or specification of material by the Seller, “the Contract” means an order for Products or Services by the Buyer to the Seller which is accepted by the Seller.

2. QUOTATIONS & ACCEPTANCE OF ORDER

a) The following terms and conditions (and any special conditions expressly agreed between us in writing) ("the Conditions") are the only terms on which we are willing to sell our Products and/or offer Services and the Buyer accepts that the Conditions govern the relations between us and the Buyer to the exclusion of any other terms and conditions which conflict with these conditions even if contained in any of the Buyer's documents which purport to provide that the Buyer's own terms shall prevail.

b) The Contract is made when the Buyer's written order is accepted by our Order Acknowledgement and our Conditions shall be the only terms subject to (a) above to govern the Contract. Any quotation on which the Buyers order is based is subject to confirmation by us on our Order Acknowledgement. Prior to our confirmation we have the right to vary or withdraw it at our discretion.

c) We reserve copyright in our quotation and any drawings or designs which we may provide to you and these are issued on the condition that they must not be used for any purpose other than for which they are supplied and must not be copied reproduced retained or disclosed either wholly or in part to any persons unauthorised by us without prior consent in writing.

d) Once the Contract is made it cannot be cancelled deferred or altered by the Buyer except by written mutual agreement. Where appropriate a charge will be made by us to cover abortive expenditure to the date of cancellation.

3. PRICE

a) The price of the Products or Services shall be the price stated in the Seller’s quotation (if given).
b) Unless otherwise agreed in writing all prices are ex-works packed to the customers speciation and exclusive of value added tax.

4. DELIVERY

a) Any time or date quoted for delivery or performance is given as an estimate only and we shall not be liable for any loss or damage howsoever arising by reason of any failure on our part to deliver on the stated dates.

b) Unless otherwise agreed, delivery shall be made by a courier of the seller’s choose. Delivery charges will be stated as part of the product quotation.

c) If we agree to deliver the Products the Buyer shall be liable to pay our charges for transport, loading, unloading, packaging and insurance and delivery shall take place by us delivering or collecting (as the case may be) the Goods from that place.

d) Where the Products or Goods are to be delivered in instalments, each delivery shall constitute a separate Contract. Each separate instalments shall be invoiced and paid for in accordance with these conditions.

5. PAYMENT

Unless otherwise agreed in writing the Products or the Services shall be paid for not later than the end of the month following the month of delivery, and time of payment shall be of the essence.
If the Buyer fails to make any payment on the due date then, without prejudice to any other right or remedy available to us, we shall be entitled to charge the Buyer interest on the amount unpaid at the rate of 3% per annum above[ Bank] base rate from time to time in force until payment in full is made.

6. PROPERTY & RISK

Risk in the Products shall pass to the Buyer or the Seller (as the case may be) at the point of delivery.
All tooling repairs due to wear and tear shall be the responsibility of the tool owner. A sample of the part shall be submitted to the customer, with a quotation for the said repair. No further production will take place without written approval of the customer.
b) Notwithstanding delivery and the passing of risk in the products, or any other provision of these Conditions, the property in the Products shall not pass to the Buyer until we have received in cash or cleared funds payment in full of the price plus VAT for all products whatsoever supplied. The Buyer shall permit our servants or agents to enter onto the Buyer's premises and repossess the Products at any time prior to payment being received in full.

c) Until such time as property in the Products passed to the Buyer, the Buyer shall hold the Products on a fiduciary basis as bailee for us and the Buyer shall keep the Products separate in such a way that they are clearly identified as our property. Until that time the Buyer shall be entitled to re-sell or use the Products in the ordinary course of business, but shall account to us for the proceeds of sale or otherwise of the Products.

d) The Seller shall have a general and particular lien over the Repair Products for all claims and money owing by the Buyer under the Contract until the price has been paid in full.

7. NOTIFICATION OF DAMAGE TO OR NON-DELIVERY OF THE GOODS

a) The Buyer must advise us [and the carrier] in writing (otherwise than by a qualified signature on the carrier's delivery note) of:
i) any damage to any products or loss or non-delivery of any separate part of the consignment within three days of the date of delivery; and
any non-delivery of the whole consignment within ten days of the date of invoice.
any parts that do not conform to the quality standard set by the seller and the customer must be returned with a reject note and samples of the rejected parts within 28 days of deliver.
the seller will not take any responsibility for any rejected parts that conform to the quality standard set by the signed off samples form at which point the customer has been deemed to have approved the process and conformity of the parts.
if the rejected parts are deemed to be rejected for a failing of the process by the seller replacement or a full refund shall be forwarded to the said customer.
if the parts meet the quality of the signed off samples then the seller will deem these parts as meeting the required quality and the parts will not be deemed as reject.
The seller will take no responsibility for the failure of the parts in there designed application, as the application testing of the components is the responsibility of the customer

No claim will be accepted by us unless the Buyer complies with the above provisions. In any event, our liability for any loss, damage or nondelivery is limited to (at our option) replacement or repair of Products, futher repairing the Repair Products or refund of any payments made.

b) For the avoidance of doubt the Seller will not be liable to the Buyer for any consequential loss, loss or profit or, economic loss in connection with the Products, Goods or Service.

8. REJECTS & RETURNS

Where we manufacture and supply the Products to the Buyer's design and specification the Buyer agrees to indemnify us in respect to product failure. If all the components reach the required quality of the signed off samples supplied by the customer the components shall be deemed to have met the required quality standard. It is the responsibility of the customer to determine the required quality standard at the sample submission stage. Manas Injection Moulding Ltd will not accept responsibility for any rejects for components that reach the agreed quality standard.

9. HEALTH AND SAFETY

For reasons of safety it is essential that the Products are used only for the purposes for which they are designed and that all manufactures' instructions and recommendations and complied with. All material are supplied with a certificate of conformity supplied with the material.

10. SET OFF

The Buyer shall not be entitled to set-off any amount due to us under this Contract by reason of any right of act-off or counter-claim, which the Buyer may have or alleges to have for any reason whatsoever.

11. PROPER LAW

Any Contract between us and the Buyer shall be governed by English Law and in respect of any dispute arising out of or in connection with or in relation the parties shall submit to the exclusive jurisdiction of the English courts.