MK Electric Catalogue No. 49

758 / 759

All previous issues are cancelled.
General
The “Seller” means Novar ED&S Limited.
The “Buyer” means the person, firm or company to whom the
Seller supplies the Goods.
All quotations are given and all orders are accepted on these
terms, replace and supersede any other terms wherever
appearing, and override and exclude any other terms
stipulated or incorporated or referred to by the Buyer, whether
in the order or in any negotiations, and any course of dealing
established between the Seller, and the Buyer. All orders
hereafter made by the Buyer shall be deemed to be made
subject to these terms.
Acceptance of Orders
No contract for the sale of goods (“the Goods”) shall
be concluded until either the Seller sends or otherwise
communicates to the Buyer its acceptance of the Buyer’s
order or on the delivery to the Buyer of the Goods, whichever
is the earlier. The Buyer acknowledges that there are no
representations outside these terms that have induced the
Buyer to enter into the contract (which expression shall
include any contract of which these terms form part) and save
as provided herein, these terms shall constitute the entire
understanding between the parties for the sale of the Goods.
No modification of these terms shall be effective unless made
by an express written agreement between the parties. The
signing by the Seller of any of the Buyer’s documentation shall
not imply any modification of these terms.
Illustrations, Descriptive Matter and Dimensions
All descriptions and illustrations contained in catalogues, price
lists and advertisements or otherwise communicated to the
Buyer are intended merely to present a general idea of the
Goods described therein, and nothing contained in any of
them shall form any part of the contract.
Designs
The Seller’s policy is one of continuous improvement. The right
to change designs at any time without notice is reserved.
Samples
Notwithstanding that a sample of the Goods may have been
exhibited to and inspected by the Buyer, it is hereby agreed
that such sample was so exhibited and inspected solely to
enable the Buyer to judge for himself the quality of the bulk
and not so as to constitute a sale by sample. The Buyer shall
take the Goods at his own risk as to their corresponding with
the said sample or as to their quality condition or sufficiency
for any purpose.
Prices
All prices listed or quoted are provisional only and are subject
to alteration without prior notice, and prices charged will be
those current at the time of despatch of the Goods.
Delivery
All delivery dates are estimates only and the time of
delivery shall not be of the essence of the contract. In no
circumstances shall the Seller be liable to compensate the
Buyer in damages or otherwise for non-delivery or late delivery
of the Goods or any of them for whatever reason or for any
loss consequential or otherwise arising there from. The Seller
reserves the right to make partial deliveries and to allocate
available supplies amongst customers in time of shortage.
The Seller shall be entitled to deliver the Goods in one or more
consignments unless otherwise expressly agreed. For UK
sales, delivery shall be deemed to take place when the Goods
are despatched from the Seller’s premises. The Seller shall
not be liable for any loss of any kind to the Buyer arising from
any damage to the Goods occurring after the risk has been
passed to the Buyer however caused, nor shall any liability
of the Buyer to the Seller be diminished or extinguished by
reason of such loss.
Carriage and Packing
Packing materials are in most instances non-returnable. The
Seller will pay packing and carriage on all orders having
a nett value of £250 (exc.VAT) or over and the Goods will
be consigned by carrier at goods rate. Orders instructing
despatch by other means will be subject to a packing and
carriage charge to cover additional cost. Orders of less than
£250 (exc.VAT) nett value will be consigned by parcel post up
to 5kg in weight, otherwise goods will be consigned by carrier
at goods rate.
A packing and carriage charge will be made for all such
orders at the rate of £50 (exc.VAT).
Instructions and Labels
The Buyer shall ensure that labels, names, reference numbers
and marks on the Goods and packing materials and cases
are not removed altered or covered whilst the Goods are in his
possession and shall not remove any label or plaque affixed to
the Goods referring any user thereof to the Seller’s or any other
party’s instructions and/or recommendations for use. If any
item comprised in the Goods is resold by the Buyer the Buyer
shall bring to the attention of his purchaser all instructions and/
or recommendations for use packed with the Goods or which
the Seller has otherwise notified to the Buyer.
Damage or Loss in Transit
When the price quoted includes delivery, the Seller shall repair
or replace free of charge goods damaged in transit or not
delivered in accordance with the advice note, provided that
in the event of damage or shortage, written notification giving
details of such damage or shortage must be sent to the Seller
within 7 days of receipt, and in the event of non-delivery must
be sent to the Seller within 14 days of the date shown on the
advice note. Order number, advice note and date of despatch
are required, and in the event of failure to give notice within the
aforementioned period, the Goods will be deemed to be in all
respects as invoiced.
Returns
Goods supplied in accordance with the Buyer’s orders cannot
be accepted for return without the Seller’s written consent. If
such consent is given an administration charge will be made.
Returned Goods must be sent carriage free and at the Buyer’s
risk and will only be accepted if packed in the original carton
which in the Seller’s opinion is in a saleable condition. Only
Goods of current design will be accepted for return.
Payments
For UK and Republic of Ireland sales, payment is due before
the end of the month following despatch. Value Added Tax for
UK sales is payable and is calculated on the cash discounted
value of each invoice. If the Seller shall allow provisional credit
in respect of any part of the Goods it shall be without prejudice
to its rights to refuse to give up possession of any other part
of the Goods except against payment: and the whole of the
price of all goods bought or agreed to be bought by the Buyer
shall fall due and payable without demand immediately on the
happening of any of the following events:-
(a) failure by the Buyer to pay any sum due to the Seller within
14 days of the due date for payment;
(b) commencement of the winding up of the Buyer;
(c) any act, event or occurrence entitling any creditor of the
Buyer to petition for the bankruptcy of the Buyer.
(d) appointment of a receiver of any asset of the Buyer, or the
levying of any distress or execution or any asset of the Buyer.
The failure of the Buyer to pay any part of the price of the
Goods in due time shall entitle the Seller to treat such failure
as a repudiation of the whole contract by the Buyer and to
recover damages for such breach of contract.
Interest on all sums due shall run at the rate of 2 per cent per
annum over the base lending rate of Barclays Bank plc until
payment is received before as well as after any judgement
therefore.
Liability
These terms set out the Seller’s entire liability in respect
of the Goods and the Seller’s liability under these terms
shall be in lieu and to the exclusion of all other warranties,
conditions, terms and liabilities expressed or implied statutory
or otherwise in respect of the quality or the fitness for any
particular purpose of the Goods or otherwise (notwithstanding
any advice or representation to the Buyer, all liability in
respect of which howsoever arising, is expressly excluded)
except any implied by law which by law cannot be excluded.
Save as provided in these terms and except as aforesaid the
Seller shall not be under any liability, whether in contract, tort
(including negligence) or otherwise, in respect of defects in
the Goods or failure to correspond to specification or sample
or for any injury, damage or loss resulting from such defects
or failure or from any work done in connection therewith.
The Seller shall be under no liability to any purchaser of the
Goods from the Buyer. In any event the Seller’s liability (if any)
whether in contract, tort or otherwise in respect of any defect
in the Goods, or for any breach of this Agreement or of any
duty owed to the Buyer in connection herewith, shall be further
limited in the aggregate to the price of the Goods in question.
Nothing in these terms shall restrict the Seller’s liability for
death or personal injury caused by the Seller’s negligence.
Indemnity
The Buyer shall indemnify the Seller in respect of all damage
injury or loss occurring to any person or property and against
all actions, suits, claims, demands, charges or expenses in
connection therewith arising from the condition or use of the
Goods in the event and to the
extent that the damage injury or loss shall have been
occasioned partly or wholly by the carelessness of the Buyer
and his servants or agents or by any breach by the Buyer of its
obligations to the Seller hereunder.
U.K. and Republic of Ireland Sales
For UK and Republic of Ireland sales risk of loss or damage
to the Goods shall pass to the Buyer at the time of delivery.
The property in the Goods shall not pass to the Buyer until: all
sums due or owing to the Seller by the Buyer on any account
have been paid. The whole of the price shall not be treated as
paid until any cheque, bill of exchange or other instrument of
payment given by the Buyer has been met on presentation or
otherwise honoured in accordance with its terms. The Seller
may sue for the whole of the price at any time after it has
become payable.
Until such time as the property in the Goods passes to the
Buyer, the Buyer shall hold the Goods on a fiduciary basis
as bailee of the Seller and shall keep the Goods separate
from those of the Buyer and third parties and properly stored,
protected, insured and identified as the Seller’s property, but
the Buyer shall be entitled to resell and use the Goods in the
ordinary course of its business for the account of the Seller.
Until property in Goods passes from the Seller, the entire
proceeds of sale or otherwise of the Goods shall be held in
trust for the Seller and shall not be mixed with any other money
or paid into any overdrawn bank account and shall be at all
material times identified as the Seller’s money. Until such
time as property in Goods passes from the Seller the Buyer
shall upon request deliver up such of the Goods as have not
ceased to be in existence, or resold to the Seller. If the Buyer
fails to do so the Seller may enter upon any premises owned,
occupied or controlled by the Buyer where the Goods are
situated and repossess the Goods. The Buyer shall not pledge
or in any way charge by way of security for any indebtedness
any of the Goods which remain the property of the Seller.
Without prejudice to the other rights of the Seller, if the Buyer
does so all sums whatever owing by the Buyer to the Seller
shall forthwith become due and payable.
Export
All orders are accepted subject to a minimum value of £500.
All Goods will be supplied and invoiced in multiples of carton
quantities only. The basis of the prices quoted will be FOB as
defined in Incoterms 2000 Edition, at a UK port which may
be nominated by the Seller, or such other basis as may seem
appropriate to the Seller in the circumstances.
Payment unless otherwise agreed must be by irrevocable
letter of credit confirmed by an established UK bank
satisfactory to the Seller. The Seller has separate standard
terms and conditions which apply to export sales, and a copy
will be supplied to the export buyers.
NOVAR ED&S Patents and Registered Designs
Many of the products offered for sale by the Seller are covered
by UK and foreign patents or other intellectual property
rights. It is not feasible to mark each component or product
with the appropriate patent numbers, but any relevant and
reasonable enquiries will be dealt with on application, subject
to reimbursement of the Seller’s out of pocket expenses. The
Seller also has rights in a number of names and trade marks,
registered and unregistered. The Seller will take all necessary
legal action in any part of the world against any party found
to be manufacturing, selling or otherwise dealing with any
article which infringes the Seller’s patents, trade marks or other
similar intellectual property rights.
Force Majeure
Neither party shall be liable to the other for any failure or delay
in the performance of any obligation hereunder as a result
of strikes, lockouts, trade disputes, breakdown of plants,
accident or other cause whatsoever beyond the reasonable
control of the Seller or the Buyer respectively.
Legal Construction
The contract shall be governed by and interpreted in
accordance with English Law, and the Buyer submits to the
jurisdiction of the Courts in England but the Seller may enforce
the contract in any court of competent jurisdiction. A person
who is not a party to the contract shall have no rights under
the Contracts (Rights of Third Parties) Act 1999 to enforce any
of its terms.
Assignment
The Buyer shall not assign any benefit under the contract
without the consent in writing of the Seller, which may if given
be on such terms as to guarantee or indemnify or otherwise as
the Seller thinks fit.
Health and Safety at Work etc. Act 1974.
Statement to purchasers and prospective purchasers
1. Section 6* of this Act provides that manufacturers,
designers, importers or suppliers of articles for use at work
have a duty to ensure, so far as is reasonably practicable,
that the article will be safe and without risk to health at all
times when it is being set, used, cleaned or maintained by
a person at work. An absence of safety or risk to health is
to be disregarded insofar as the case in or in relation to
which it arises is shown to be one the occurrence of which
could not reasonably be foreseen and in determining
whether any such duty as aforementioned has been
performed regard shall be had to any relevant information
or advice which has been provided by the manufacturer,
designer, importer or supplier.
2. Having regard to these provisions the following is given
as a guide to the information which is readily available to
you, in order that the obligations of all concerned may be
met as fully as is reasonably practicable. This information
relates to those products detailed in the Seller’s
catalogue(s) or associated literature.
3. Information on the design, construction and installation
of the Seller’s products to ensure that so far as is
reasonably practicable they are safe and without risk to
health when properly used may be found in:
– Regulations for Electrical Equipment of Buildings
(published by the Institution of Electrical Engineers)
Catalogues and product leaflets of the Seller.
– Or may be obtained by specific request to the Seller.
4. It is important that the products concerned should be
installed, commissioned and maintained by, or under the
supervision of competent persons in accordance with
good engineering practice and
– The Regulations for the Electrical Equipment of
Buildings
– Codes of Practice
– Statutory Requirements
– Any instructions specifically advised by the Seller
and where appropriate, with particular reference to
information marked on the product.
5. In accordance with the provisions of the Act, the Buyer is
therefore requested to take such steps as are necessary
to ensure that any appropriate information relevant to
the Seller’s products is made available by you to anyone
concerned.
* As amended by section 36 of the Consumer Protection
Act 1987.
Novar ED&S Limited,
The Arnold Centre,
Paycocke Road,
Basildon,
Essex
SS14 3EA
MK Trade Mark.
Registered in Great Britain and other countries ‘MK’ are the
initials of ‘Multy-Kontact’ – a name coined to signify ‘many
points of contact’ the salient feature of our pioneer spring-
grip socket patented in 1919.
Copyright MK Electric Limited 2016.
Standard Conditions of sale are subject to change,
visit for the latest version. 758
STANDARD CONDITIONS
OF SALE
Standard Conditions of Sale