Terms & Conditions

1) DEFINITIONS

The “COMPANY” means ML Power Systems. The purchaser means the other party to a contract for goods or services by the company. “GOODS” means the goods or services supplied by the company to the buyer.

2) GENERAL

The following general conditions of sale and any special conditions agreed to in writing by an authorised representative of the company shall apply to form the basis of a contract for sale of the company’s goods and /or services. The company’s quotation is merely an invitation for an order subject to these conditions and no contract will result until the purchaser has confirmed such an order in writing to an authorised representative of the company such contact win incorporate and be subject to these conditions.

3) ORDERS

The company may accept verbal orders but such orders must be confirmed in writing within twenty four hours by the customer. No cancellation of any order will be effective unless it is written and until it is accepted by the company.

4) PRICES

All prices quoted in the company’s schedules and quotations are subject to revision without notice and all goods and services will be invoiced at the price ruling at the time of despatch. Packing and carriage charges are shown separately and do not form part of the selling price. All prices are subject to VAT at the current rate at the date of invoice.

5) PAYMENT

Payment on credit accounts shall be due on the due date stated on the invoice. The Company reserves the right to charge interest at 3% per month above base rate from time to time of the HSBC Bank plc on all accounts not paid by the due date.

6) DELIVERY

Risk of all goods passes to the purchaser on delivery ex works. The company reserves the right to charge carriage. The company will endeavour to ensure and maintain quoted delivery dates however such dates will not form part of contract and the company shall not be liable for failure to deliver the goods by such date. Liability for non-delivery of goods will not be accepted by the company unless it is notified in writing within ten days from date of invoice.

7) PUBLICATIONS

Any descriptions and illustrations contained in the company’s catalogues, price lists, website and those of its agents/suppliers are to present a general idea of the goods description in them and shall not form part of a contract unless specifically incorporated therein by written agreement between the purchaser and the company. The company reserves the right to update

any specification of the goods (including spare parts supplied) without notice to the purchaser.

8) GUARANTEE AND GENERAL LIABILITY

The company’s liability for parts not manufactured by the company shall be limited to such guarantee (if any) as the manufacturers shall have given the company. The company will not be responsible for any damage or injury direct of indirect or consequential, to the purchaser, or to others, or to any property caused by arising out of or in connection with Advice given, the supply of plant, goods or materials or installation, repair or maintenance of any plant, goods or materials not withstanding that the same may be negligence on the part of the company or their employees or agents, or any defect, inherent latent or otherwise, which may subsequently develop in plant goods or materials supplied by the company.

9) PERFORMANCE

Any figures given relating to performance are based on results or experience and are accurate to the best of the company’s belief, but no failure to obtain these results will be accepted by the Company unless performance has been specifically guaranteed. The company’s liability under such guarantee shall be limited, to accepting the return of the equipment and the

refunding of any cash paid. The purchaser shall afford the company full opportunity to remedy any failure to fulfil the performance specifically guaranteed. The purchaser is responsible for any capacity and performance of the goods as offered, being sufficient and suitable for his purpose and the company accept no responsibility in this connection.

10) PROPERTY AT RISK

Until the company has been paid in full the goods shall remain the sole and absolute property of the company as legal and equitable owner. In the event of delivery of goods to the purchaser prior to passing of title, the purchaser shall be in possession of the goods solely as bailie for the company until such times as the full price is paid there of to the company, not withstanding that title of the goods shall remain with the company the goods shall be as risk of the purchaser as soon as they are delivered by the company to the Vehicle, the premises otherwise to the instructions of the purchaser. The purchaser will insure to their full value any goods wherein the risk but not the title has passed and indemnity the company for loss, damage to, or destruction of any such goods.

11) FORCE MAJEURE

The company shall not be under any liability to the purchaser in respect of any failure to perform or delay in performance any of its contractual obligations to the purchaser attributable to any cause of whatsoever nature beyond the company’s responsible control and no such failure or delay shall be deemed for any of these conditions to constitute a breach of contract.

12) LEGAL CONSTRUCTION

Every contract to which these conditions apply shall be construed and take effect in accordance with the laws of England and the parties shall accept the exclusive jurisdiction of the English court.

IMPORTANT

Any orders accepted by ML Power Systems are subject to the above conditions of sale without exception.