Trade Terms & Conditions - Manuscript Pen Company Ltd
A. TRADE TERMS & CONDITIONS RELATED TO USE OF THIS WEBSITE
This website is owned by Manuscript Pen Company Ltd
Company no. 2414044
VAT no. 478956863
Please read this notice carefully. It covers the terms and conditions for the use of the area of our website dedicated to online registered trade customers ("the Trade Site") and any materials contained on the website. Using the website indicates that you accept these terms and conditions.
We hope that you find it easy and convenient to purchase from Manuscript via the Trade Site. Here is information relating to all orders placed with Manuscript on the Trade Site, which we hope you will find of assistance.
In order to use the Trade Site you must be registered online. To apply for online registration, please select the "Register" button, then follow the prompts to confirm whether you are an existing customer or a new customer and then complete the required details and submit them.
If you do not wish to receive product news by email, please tick the relevant box. Please note that we will not pass your details on to anyone else and you can change this selection by editing your account details at any time.
You will receive an acknowledgement of your request by email. The time taken to process an application will vary depending on the circumstances. We may seek further information from you.
Please Contact Us if you have any queries while your application is being processed.
If the application is accepted, your registration and any special details relating to your account (including payment terms and any discount arrangements) will be confirmed to you, including confirmation of your password.
Add Additional Authorised Contact
If an online registered trade customer would like to authorise more than one person to operate their online account, then please select "Add" on the registration/login page and follow the prompts. The process is similar to the initial registration.
If you select "My Account" you will be able to:
- Edit Details of Authorised Contact, password and email options
- Add or Edit Delivery Addresses
- View Order Status of Order & Billing History
Before starting your order, please check that your personal details and delivery address/es are correct. If you wish to amend these details, please make the necessary changes under "My Account" and submit them to us. Your order cannot be processed until you have received confirmation from us that the amendments have been authorised following appropriate security checks. This will be done as quickly as possible but if you have any queries, please Contact Us.
When placing an order, we suggest you have copies of our brochures readily available for reference to assist you with selecting the items you wish to purchase. You can download a pdf of each brochure from the website.
You can do a quick search using the whole product code or you may search items by brochure or search All Brochures.
Items of product are sold in packs. The number of items per pack is as shown. An item of product may be a box containing a number of loose components and, if so, this is indicated in the Item Description.
Please select the quantity of each pack you require, click on the "Add" button. Once you have added all the products you want to order, click "View Basket" and review and amend your selection as required. You may then "Continue Shopping" or "Proceed to Checkout". You will have an opportunity to check your order before you submit it.
On the Checkout page, please check your order details are correct and if you have more than one delivery address please select the appropriate one.
If you wish to amend your order, the Checkout page allows you to go "Back to Basket" to make any changes you wish. When you are happy with the items in your basket, please click the "Submit Order" button. If you are a Customer with an online credit facility this automatically submits your order and, if not, you will be asked to complete your payment details via Paypal before the order is submitted.
You should receive an email confirming receipt of your order within 24 hours (although it may take longer than this if the email is delayed in some way by your email provider).
Occasionally, if our website or the internet is very busy, the confirmation screen may not appear. However, your order may have been successfully submitted, and you should not place the order again until you have checked your email for a receipt of your order. If you have any concerns or if you do not receive an email confirming receipt within 24 hours, please Contact Us to check whether your order has been received.
All orders are subject to our acceptance. When you submit an order via our Trade Website, the email confirming receipt of your order does not constitute acceptance of the order by us.
When we have processed your order, you will receive a further email confirming whether the order is accepted by us and if so:
- the price of each order line (and VAT total if applicable)
- the estimated despatch date
- the delivery cost, if applicable, which will be added to your invoice
If you have any queries at this stage, please Contact Us
All prices on the Trade Site exclude VAT, which is added where appropriate when your order is confirmed.
The right is reserved to change the specification and prices of the products described on this website.
While we try and ensure that the prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
We reserve the right to increase our selling price, prior to delivering the goods, because of an increase in our costs. The increase in our costs may be due to adjustments in transport, labour and materials costs as well as unforeseen additional charges. If the Price does change we will inform you of the new price prior to delivery of the goods. You will then be expected to pay the new price, unless you inform us at least seven days prior to the delivery of goods that you are unwilling to pay the new Price. In this instance we are not at liberty to deliver the goods to you.
Our Delivery Service
Goods are despatched to the appropriate delivery address selected by you from your Delivery Addresses.
When your order is confirmed we will give you an estimated despatch date.
If we anticipate an unexpected delay with despatching your order, we will let you know by email.
Your order may be despatched in more than one consignment unless otherwise requested.
We will send you an email when your order or each part order is despatched.
You may check whether your order has been despatched under your "My Account".
Delivery charges all orders are ex-works and delivery charges are the responsibility of the Customer, except for those UK customers who fall within our carriage paid terms (Contact Us for details) or unless otherwise agreed with the Customer,.
The cost of delivery will be shown separately on your invoice.
Following delivery - When your parcel arrives, you must check the contents against the Advice Note. If there is any discrepancy, please call Customer Services on +44 (0) 1746 861236 immediately or use the Contact Us page to notify us by email, giving full details.
All sales and all deliveries are subject to the availability of goods.
Payment Options will be agreed when you are registered on line and these may be changed by agreement with us. The option to pay with order is always available. If you do not have an agreed on line credit facility, payment must be made with order. You can use your Mastercard, Visa or Maestro Credit Card or use your Paypal account to pay for your order. Your payment will be dealt with using the secure Paypal gateway.
Under Consumer Protection (Distance Selling) Regulations 2000 you have a right to cancel your order for any product. The regulations do not apply to products made to your personal specifications (or otherwise personalised) or which, by reason of their nature, cannot be returned or are products that are liable to deteriorate or expire rapidly, or are audio and video recordings and computer software that you have unsealed or used. Your statutory right to return goods under the regulations may be exercised up to and including the seventh day (excluding Saturdays, Sundays and Public Holidays) after the day of delivery. If you wish to exercise your statutory right to cancel, you must notify us in writing within the statutory period and immediately return the products that you do not wish to keep to us (at your own cost, unless the products were substitute goods which we selected for you). You must take reasonable care of the goods. If you cancel within the statutory period you may claim a refund of any sum you have paid concerning the goods, less any charges we make for collecting the goods (including courier fees) if you do not return them at your own cost. Please Note: The deduction of carriage costs we will make in such circumstances will not exceed the cost of the post and packaging charge made when you ordered the goods.
Defective Goods - If, after purchase, you feel that any product is faulty due to either defective workmanship or materials or is otherwise not of satisfactory quality, please return it to us with your complaint in writing and we will investigate your complaint.
Returning Goods -The following must be enclosed with all returned goods: a copy of the advice note, the reason for the return and whether you want a refund or an exchange.
If you return goods you must obtain proof of posting/despatch. If they are returned via the Post Office, it is vital that you obtain a Certificate of Posting from the Post Office, which should be kept in a safe place, as this will be required in the event any returned parcels go astray. This will contain a unique reference number, which should be quoted in the event of a query. We are not liable for loss of goods sent to us in the post and we can only claim against the Post Office in the event you can produce a certificate of posting. Failure to produce a Certificate of posting or a receipt from your courier when a parcel has gone astray will mean we will not be able make a refund. If we accept for refund goods that have been paid for by credit or debit card, the refund will be made directly to your card.
Ordering replacement goods - If you require a replacement or exchange item, please telephone our Customer Services on +44 (0) 1746 861236
Please read our Privacy Statement, Click here to view or download this.
The formation, interpretation and operation of the Contract will be subject to English Law and the Buyer submits himself to the non-exclusive jurisdiction of the English Courts.
CLICK HERE TO PRINT OUT AND KEEP A PERMANENT COPY OF THESE TERMS AND CONDITIONS FOR REFERENCE
B. STANDARD TERMS AND CONDITIONS OF TRADE
Unless expressly agreed otherwise in writing by us, orders for goods are only accepted on the basis of our standard Terms and Conditions of Trade, which appear on the back of our standard Acknowledgement of Order Forms as follows:
In these conditions:-
"The Company" means Manuscript Pen Company Ltd.
"The Customer" means the person whether corporate or incorporate placing the order in respect of the goods.
"Contract" means the Contract between the Company and the Customer.
"Goods" means the goods ordered.
2. GENERAL APPLICATION
(a) Orders for goods are only accepted on these Conditions, unless expressly agreed otherwise in writing by the Company.
(b) These Conditions apply to all orders, whether or not specific reference is made to them at the time of each and every order and they take priority over any terms and conditions which the Customer purports to apply orally or in writing.
(c) No representation shall be binding upon the Company unless made or acknowledged in writing by the Company, its servants or agents
(a) All prices quoted are ex works unless otherwise agreed in writing by the Customer and the Company.
(b) The Company reserves the right to alter price, packaging and specification without notice.
(c) The Company reserves the right to invoice at the price ruling at the date of despatch.
(d) Tools, whether charged for separately or included in the quoted price, remain the property of the Company, unless otherwise agreed in writing between the Customer and the Company.
The Company may sub-contract the whole or any part of the fulfilment of the Contract or store all or any part of the goods on premises other than the Company's premises.
Unless otherwise agreed in writing the Company has the right to make instalment deliveries and to invoice such deliveries separately.
6. SETTLEMENT TERMS
(a) Unless otherwise agreed in writing payment shall be made net cash by the end of the month following the month during which the goods were delivered to the Customer or to the Customer's order after which Interest may be charged on each month or part of a month that payment is overdue at a rate of 2.5% above the Bank of England base rate, compounded monthly.
(b) Time of payment is of the essence of the contract.
(c) The Customer cannot delay or refuse payment for any alleged defects in the goods which the Company undertakes to remedy in accordance with Clause 11
(a) Delivery shall be complete when goods are delivered to the Customer or to the Customer's order.
(b) Risk shall pass on delivery. Where goods are sold F.O.B. the risk in the goods shall pass immediately the goods are over the ship's rail, and the Company shall not be obliged to give the Customer notice specified in section 32(3) of the Sale of Goods Act 1893.
(c) Goods must be examined by the Customer on arrival and any damage in transit, mis-delivery or quantity discrepancy must be notified in writing to the Company within 3 days. The Customer must notify the Company in writing of non-delivery within 6 days of the date of despatch advised to the Customer where delivery is effected through the post or on the Company's own vehicles and in all other cases within 10 days of the date of despatch advised to the Customer.
(d) Delivery may be suspended if the Customer is overdue in making payment for any goods supplied to the Customer by the Company.
Time for completion of the Contract by the Company shall not be of the essence and any times quoted by the Company should be treated as estimates. Delay in delivery shall not entitle the customer to damages nor to treat the Contract as repudiated.
9. FORCE MAJEURE
The Company shall have no liability in respect of failure to deliver or to perform or delay in delivering or performing any obligations under the Contract with the Customer due to any cause of whatever nature outside the reasonable control of the Company
10. QUANTITY/DIMENSIONAL TOLERANCES
All weights and dimensions quoted, unless otherwise agreed in writing, are subject to the tolerances provided by the Company's specifications and standards.
(a) On arrival of goods the Customer must examine them and any visual defects must be notified to the Company in writing within 3 days. Non-visual faults and defects must be notified within 90 days.
(b) Upon the Customer within the appropriate period provided by sub-clause (a) above notifying the Company of any fault or defect in the goods or within the appropriate period provided by clause 7(c) of damage in transit, mis-delivery, quantity discrepancy, or non-delivery and upon the fault, defect, or damage in transit mis-delivery or quantity discrepancy being established to the Company's satisfaction, the Company shall repair or replace such goods or make up any shortage. If it is established to the Company's satisfaction that goods are delivered not in accordance with specification, the Company will accept the same for credit and replacement.
(c) The Company shall not replace goods or make up shortages:
(i) if faults or defects are not notified in accordance with clause 11(a) or if damage in transit, non-arrival, mis-delivery or quantity discrepancy is not notified in accordance with clause 7(c);
(ii) in respect of which the Customer or any third party has without previous written consent from the Company effected modifications;
(iii) if the faults or defects were caused by incorrect or negligent handling, disregard of operation instructions, over loading, unsuitable work, faulty assembly or any other default by the Customer or his employees, agents or contractors;
(iv) if the faults or defects were caused by fair wear and tear, accident , or any matter beyond the reasonable control of the Company;
(d) The terms of this Clause are in lieu of all conditions, warranties or other terms as to description, fitness for purpose, condition, merchantability, quantity or otherwise in respect of the goods or packing, whether expressed in the Contract or implied by Common Law, custom or statute and notwithstanding that such purpose or condition may become or may have been known to the Company. Apart from the obligation of the Company to replace the goods in accordance with the terms of this Clause the Company accepts no liability either for faults or defects in the goods or for any loss or damage to the Customer or other arising directly or indirectly from any breach by the Company of the terms of the Contract or of the general law, and defects in quality or dimensions shall not be a ground for the cancellation of the Contract or the balance of the Contract by the Customer.
(e) Without prejudice to the generality of the forgoing:
(i) the Customer shall satisfy itself with regard to the suitability or fitness for purpose of the goods for any particular purpose and the Customer shall be totally responsible therefor;
(ii) the Company shall not be liable for any consequential loss or damage suffered by the Customer, including but without limitations, delay, loss of production, loss of profits or loss of or damage to other property of goods, nor shall the Company be liable for any loss or damage capable of being covered by insurance;
(iii) the Company shall not be liable in damages in excess of the total price stated in the Contract, even if the Customer's loss or damage results from a fundamental breach or repudiation and even if further performance of the Contract is frustrated. The Customer shall also indemnify the Company against all actions, claims or demands by third parties in tort or otherwise directly or indirectly in connection with faults or defects in the goods to the extent that the same exceeds the limitations of liability aforesaid;
(iv) the Company shall not be liable for any infringement of any letters patent, registered designs, trademarks or copyrights nor for any indirect or consequential loss, injury or damage of whatever nature, howsoever caused and by whomsoever it has been suffered
(f) Nothing in this clause shall restrict or exclude the Company's statutory liability for death or personal injury resulting from the negligence of the Company, its servants or agents.
12. INDEMNITY BY CUSTOMER
The Customer shall indemnify the Company against all claims and demands whatsoever by whomsoever made in excess of the liability of the Company under these conditions.
13. PROPERTY IN GOODS
Until full payment has been received by the Company for all goods whatsoever supplied at any time by the Company to the Customer:-
(a) Property in the goods shall remain in the Company
(b) Should the goods (or any of them) be converted into a new product, whether or not such conversion involves the admixture of any other goods or thing whatsoever and in whatever proportions, the conversions shall be deemed to have been effected on the Company's behalf and the Company shall have the full legal and beneficial ownership of the new product.
(c) Subject to (d) and (e) below, the Customer shall be at liberty to sell the goods and the new products referred to in (b) above in the ordinary course of business on the basis that the company shall have the full legal and beneficial ownership of goods and such new products and that the proceeds of sale thereof shall be the Company's property and for which the Customer shall account to the Company on demand, until the Company has been paid in full.
(d) The Company may at any time revoke the Customer's power of sale by notice to the Customer if the Customer is in default for longer than seven days in the payment of any sum whatsoever due to the Company (whether in respect of the goods or any other goods supplied at any time by the Company to the Customer for any reason whatsoever) or if the Company has bona fide doubts as to the solvency of the Customer.
(e) The Customer's power of sale shall automatically cease if a receiver is appointed over any of the assets or the undertaking of the Customer or a winding up order is made against the Customer or the Customer goes into voluntary liquidation (otherwise than for the purpose of reconstruction or amalgamation) or calls a meeting of or makes any arrangement or composition with creditors or commits any act of bankruptcy.
(f) Upon determination of the Customer's power of sale under (d) or (e) above the Customer shall place the goods and the new products at the Company's disposal and the Company shall be entitled to enter upon any premises of the Customer for the purpose of removing the goods and new products and to remove such goods and new products from the premises (including severance from the realty where necessary)
The Company shall have a general lien on all goods and property of the Customer in the possession of the Company in respect of sums outstanding and due from the Customer to the Company under this or any other agreement between the Customer and the Company. The Company may, after giving 14 days notice to the Customer of the intention to do so, dispose of the goods and property and set the proceeds of sale against the due sums.
(a) The Customer is not entitled to terminate the Contract without the written consent of the Company.
(b) The Company is entitled to terminate the Contract:
(i) if the Customer is in breach of contract with the Company and fails to remedy that breach within 14 days of the Company's written notice to do so, whether the breach is capable of remedy or otherwise.
(ii) if the Company has bona fide doubts as to the solvency of the Customer.
(iii) if a receiver is appointed over any of the assets or the undertaking of the Customer or a winding-up order is made against the Customer or the Customer goes into voluntary liquidation (otherwise than for the purpose of reconstruction or amalgamation) or calls a meeting of or makes any arrangement or composition with creditors or commits any act of bankruptcy.
(c) Where the Contract has been terminated in sub-clause (a) or (b) the Customer shall be liable to pay the Company the Contract price for any work done by the Company prior to termination and/or to reimburse the Company for any expenses arising from such termination.
If at any time any one or more of these conditions or any part thereof is held to be or becomes invalid, illegal or unenforceable in any respect under any applicable law, the validity and enforceability of the remaining conditions shall not in any way be affected or impaired thereby.
17. CLERICAL ERRORS
The Company reserves the right to correct any typographical or clerical errors made at any time by its servants or agents.
18. PROPER LAW
This Contract shall be governed by and be controlled in all respects in accordance with English Law.
CLICK HERE TO PRINT OUT AND KEEP A PERMANENT COPY OF THESE STANDARD TERMS AND CONDITIONS FOR REFERENCE
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