General
1. All orders placed with The MDF Design Group (hereinafter referred to as “the Sellers”) are subject to the terms and conditions printed below. No
modifications or variations to these terms and conditions and no other terms and conditions will be valid or effective and in particular (but without
prejudice the generality of the foregoing) no modifications or variations to these terms and conditions shall apply merely by the acknowledgement or
acceptance by the Sellers of any purchase order containing terms and conditions at variance with or in addition to these terms and conditions unless
such modifications or variations and other terms and conditions are expressly accepted in writing by a Director of the Sellers.
2. Any subsequent orders placed with the Sellers shall be deemed to be placed subject to these terms and conditions unless expressly agreed
otherwise in writing by a Director of the Sellers.
Specifications
3. (a) Any descriptions and illustrations in the Sellers' catalogues, lists or samples or other advertising material merely present a general impression
of the goods described therein and shall not form part of any contract or in particular shall not give rise to any sale by description or sample unless
expressly agreed in writing by a Director of the Sellers.
(b) All specifications as to colour and dimensions are subject to normal tolerance margins.
Delivery
4. (a) Any times stated for delivery are an estimate only and whilst the Sellers will use all reasonable endeavours to meet any such times stated for
delivery they shall not be liable for any delay in delivery howsoever caused. Time for delivery shall not be of the essence.
(b) The Sellers shall be entitled to withhold delivery of any goods to the Buyers where at the time delivery is due payment is due to the Sellers in
respect of any goods or services supplied to the buyer under any contract whatsoever.
Information
5. The Buyers shall furnish the Sellers with all information necessary for the performance of any order in due time to enable the Sellers to perform
the order.
Price and Payment
6. (a) The Buyers shall pay for goods at the Sellers list price prevailing at the date of delivery (less any agreed discount) and in the event that the
price for the goods in not determined by reference to any list price of the Sellers the Sellers shall be entitled to vary any price quoted or agreed by the
Sellers in the event of any increase in the rates of labour or overheads or in the cost of material between the price that is quoted or agreed by the
Sellers and the date of delivery to the Buyers and the Buyers shall pay for goods at such varied price.
(b) Unless otherwise stated all prices are exclusive of VAT.
(c) All goods shall be paid for by cash or cheque on delivery, which will attract a 7.5% discount. The Sellers reserve the right to request a deposit
with certain orders.
7. All prices quoted may be altered by the Sellers to cover an increase in costs as a result of any alteration modification addition in design quantities
or specifications of the goods made at the request of the Buyers.
8. Failure by the Buyers to pay for any goods on the due date shall entitle the Sellers:
(i) To cancel the balance (if any) of the contract under which the Buyers have failed to pay for the goods and to recover from the Buyers damages for
any loss suffered by the Sellers as the result of such cancellation.
(ii) To cancel any other contract or the balance of any other contract which the Sellers may have with the Buyers and to recover from the Buyers
damages for any loss suffered by the Sellers as a result of such cancellation.
(iii) To charge the Buyers interest at the rate of 2% per month on the amount due from the due date to the date of receipt of payment thereof (both
before and after any judgement), such interests to be paid on demand to the Sellers.
Damage or loss in transit
9. Notwithstanding that risk will have passed from the Sellers to the Buyers in accordance with condition 18 below the Sellers will at their option
repair or replace free of charge all goods lost or damaged in transit provided that:
(i) (save in respect of total loss or non delivery of the goods) details of any loss or damage have been marked on the copy of the consignment note or
delivery document signed by the Buyers and advised to the Sellers within 48 hours of delivery and confirmed in writing to the Sellers with full
particulars within 3 days of delivery.
(ii) In respect of a total loss or non delivery of the goods details are advised to the Sellers in writing (otherwise than on a consignment note or
delivery document) with full particulars within 14 days of the date of the Sellers’ invoice in respect of the goods.
10. Condition 9 above will not apply where the goods are collected by or on behalf of the Buyers from the Sellers' works or other place of storage of
the goods.
Short Deliver y
11. The Sellers shall not be responsible for any short delivery unless full particulars thereof are marked on the copy of the consignment note or
delivery document signed by the Buyers (and in the case of loss in transit all the requirements set out in condition 9(i) above are fulfilled.)

Defective Goods
12. The Sellers shall at their option repair or re place a ny goods which are de fe ctive as to materia ls or workmanship provided that:
(i) Where any alleged defect is discoverable on an inspection of goods (whether or not the Buyers shall actually inspect the goods) notification of the
alleged with full particulars thereof is received by the Sellers in writing within 7 days of the date of delivery of the goods and in any other case
notification of the alleged defect is received by the Sellers in writing with full particulars thereof within 12 months of the date of the delivery of the
goods and
(ii) immediately upon discovery of the alleged defect the Sellers are notified in writing with full particulars thereof and are afforded full opportunity
of inspecting the goods at the premises of the buyer or is so required by the Sellers the buyer immediately returns the goods to the Sellers works
carriage paid (but refundable insofar as the goods are repaired or replaced) and
(iii) the defect is not due to wear and tear neglect abnormal use or improper adjustments.
13. (a) As against a person dealing as a consumer as defined by section 12 of the unfair contract terms act 1977 all conditions and warranties and
liabilities whatsoever whether expressed or implied by statue (save those of virtue of section 12 to 15 of the sale of goods act 1979) common law
usage or otherwise are hereby excluded.
(b) As against a person dealing otherwise than as a consumer as defined by section 12 of the Unfair Contract Terms Act 1977 the provisions
contained in Condition 12 above shall be accepted in substitution for and to the entire exclusion of all conditions and warranties and liabilities
whatsoever whether express or implied by statue (save those implied by virtue of section 12 of the Sale Of Goods Act1979) common law usage or
otherwise.
14. Save and except as expressly stated on conditions 12 and 13 above the Sellers shall not be liable for any defect in the goods or for any injury or
loss (except injury and loss arising from death or personal injury) resulting from the goods or any defect therein or from any work done in connection
therewith whether such liability is due to the negligence of any servant employee or agent of the Sellers or otherwise.
15. In the event that the Sellers shall be liable to repair or replace the goods in no circumstances shall the Sellers' liability extend beyond the cost of
repairing or replacing the goods and in particular the Sellers shall not be liable for any consequential loss whether in contract tort or otherwise.
Force Majeure
16. (a) The Sellers shall not be responsible for any loss damage or delay or non performance of any contract arising whether directly or indirectly
from any cause outside the control of the Sellers including (but without prejudice to the generality of the foregoing) any cause arising from or
attributable to strikes, lock outs, shortage of labour or materials, governmental action, civil commotion, riots, storm, sabotage, war, flood,
earthquakes, drought, machinery breakdown, failure of plant, or collapse of structure voluntary or mandatory compliance with any direction request
or order of any person having or appearing to have authority whether for defence or other governmental or national purpose inability to obtain raw
materials, equipment, fuel, power, components or transportation.
(b) In the event of any delay or non performance of any contract arising whether directly or indirectly from any cause referred to in condition 16
above the Sellers shall be entitled to cancel any contract without liability to the Buyers in respect of any loss or damage or otherwise.
Pr operty
17. Property in any goods sold by the Sellers shall not pass to the Buyers until all sums outstanding from the Buyers to the Sellers have been paid in
full by the Buyers.
18. Notwithstanding that property in any goods sold may not have passed to the Buyers the goods shall be at risk of the Buyers from the time of
dispatch from the Sellers works or other place of storage of the goods save where delivery to the Buyers is expressly agreed in writing to be at the
Sellers' risk in which case the goods shall be at the risk of the Buyers from the moment of delivery from the Buyers.
19. Until property in any goods shall have passed to the Buyers:
(i) The Buyers shall on demand return the goods to the Sellers' works or (at the option of the Sellers) make the goods available for collection by the
Sellers from any premises where the goods are kept.
(ii) The Sellers shall be entitled at any time to enter upon any premises where the goods are kept and to remove the goods therefrom.
(iii) The Buyers shall at all times store the goods in such a manner as to show clearly that they are the property of the Sellers.
20. Nothing herein contained shall constitute the Buyers the agents of the Sellers for the purpose of any sub sale of any goods.
Government Law and Jur isdiction
21. All contracts between the Sellers and the Buyers shall in all respects be governed by English Law and all disputes which may arise out of or in
connection with these conditions or any contract between the Sellers and the Buyers or any goods supplied or to be supplied any contract shall be
subject to the exclusive jurisdiction of the English Courts save that the Sellers shall be at liberty to bring any legal proceedings against the Buyers in
the Courts of any other country which they consider appropriate.
22. In the event that the Sellers bring legal proceedings against the Buyers the Buyers shall indemnify the Sellers against all costs and expenses
incurred by the Sellers in connection therewith on a full indemnity basis.