Terms and Conditions of Sale Applicable to All Sales with M. Z. Oweiss & Sons (UK) Ltd. (“MZOUK”)
1.General
1.1. These terms and conditions (“Conditions”)govern all orders placed with
M.Z. Oweiss & Sons (UK) Ltd. (“MZOUK”),
and any sale of goods by MZOUK. By placing an order, you confirm that you have read, understood, and agreed to these Conditions.
1.2. Definitions:
•MZOUK refers to the seller M. Z. Oweiss& Sons (UK) Ltd.
•"Goods" refers to all items sold by MZOUK.
•"We/Us/Our" refers to MZOUK.
•"You/Your" refers to the person, company,or legal entity purchasing the Goods.
•"Contract" refers to the agreementbetween Us and You for the purchase ofGoods in accordance with theseConditions.
1.3. These Conditions constitute the entire agreement between Us and You and supersede any previous terms, representations, or agreements unless otherwise agreed in writing by Us.
1.4. No agent, driver, or employee of MZOUK is authorised to agree to any terms that differ from or amend these Conditions.
1.5. We reserve the right to amend these Conditions from time to time as required by changes in the law, regulation, or our business practices. The most recent version will be published on our website: www.mzouk.com.
1.6. In the event of any inconsistency between these Conditions and any other terms, these Conditions shall prevail unless explicitly agreed in writing.
2.Prices
2.1. All prices provided are invitations to treat and are subject to confirmation upon acceptance of your order.
2.2. Prices are exclusive of VAT, which will be applied at the prevailing rate, when applicable to VAT rated products (UK VAT).
2.3. We reserve the right to adjust prices without notice to reflect market conditions, errors, or other factors.
2.4. If an incorrect price is charged, We may rectify the invoice upon notice to You. In such cases, You agree to pay any undercharged amounts upon notification.
2.5. Additional delivery, freight, or handling charges may apply and will be included on Your invoice.
3.Orders, Delivery, and Acceptance
3.1. Orders are subject to stock availability and any minimum or maximum quantity requirements notified to You.
3.2. Acceptance of Your order by Us forms a binding Contract. We reserve the right to refuse or cancel any order at Our absolute discretion, including but not limited to circumstances where:
•The order is not economically viable.
•There is suspicion of illegal activity orfraud.
•You fail to meet credit or payment terms.
3.3. Delivery dates are estimates only and not binding. We are not liable for delays caused by factors beyond Our control, or delays in manufacturing.
3.4. You must inspect Goods upon delivery and notify Us of any issues, such as damage, shortages, or incorrect items, on the same day. Damaged or incorrect November 2018
November 2018
Goods must be returned with the driver. Failure to notify Us within one working day shall constitute Your acceptance of the delivery.
3.5. We do not accept returns or refunds for Goods based on a change of mind or if You find a better price elsewhere, or fail to sell onward orders.
3.6. If You fail to take delivery, We may:
•Charge You for storage and additionaldelivery costs.
•Resell the Goods and charge You for anyshortfall between the resale price and theoriginal Contract price.
•Charge for Transportation.
4.Risk and Title
4.1. Risk in the Goods passes to You upon delivery. You are responsible for insuring the Goods against loss or damage from this point.
4.2. Title to the Goods remains with Us until payment is received in full for all amounts owed by You to Us.
4.3. Until title passes:
•You must store the Goods separately andin a manner that preserves their value andidentifies them as Our property.
•You must not pledge or charge the Goodsas security.
•We retain the right to enter Your premisesto recover Goods for which payment hasnot been made.
4.4. If You resell the Goods before title passes, You act as principal and not as Our agent. You must hold the proceeds of any resale in trust for Us and pay all outstanding amounts due to Us.
5.Payment Terms
5.1. Payment terms will be specified on Your invoice. Unless otherwise stated, payment is due in full upon receipt of the invoice.
5.2. Late payments may incur interest at the statutory rate under the Late Payment of Commercial Debts (Interest) Act 1998.
5.3. Non-payment may result in suspension or cancellation of further deliveries and recovery of unpaid Goods.
6.Warranties and Liability
6.1. We warrant that the Goods will conform to the description provided at the time of sale.
6.2. To the fullest extent permitted by law, Our liability is limited to the replacement or refund of defective Goods. We are not liable for indirect or consequential losses arising from Your use of the Goods.
7.Force Majeure
We are not liable for failure to perform any obligation under the Contract due to events beyond Our reasonable control, including but not limited to acts of God, strikes, or supply chain disruptions.
8.Governing Law and Jurisdiction
These Conditions and any disputes arising from them shall be governed by and construed in accordance with the laws of England and Wales. Both parties submit to the exclusive jurisdiction of the English courts.
9.Data Protection
We will process Your personal data in accordance with applicable data protection laws, including the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. Details are set out in Our Privacy Policy.