Search  
22:03 BST     
9th September 2010

Company Profile

Terms & Conditions


TERMS & CONDITIONS


1. DEFINITIONS: -
‘MPCo Ltd’ shall mean Midas Pattern Co Ltd. ‘Customer’ shall mean the
body/organisation placing the order for work to be carried out. ‘Goods’ shall mean all
items being sold to the Customer and all work carried out on behalf of the Customer.


2. ORDERS Are accepted subject to the following terms and conditions to the exclusion of
all others.


3. CONDITIONS OF SALE
MPCo Ltd agrees to sell and the Customer agrees to buy the Goods according to the
terms and conditions set out below.
These terms and conditions may only be varied in writing and only when signed by a duly
authorised representative of MPCo Ltd.
Purchase order placement confirms acceptance of these terms and conditions.


4. VALIDITY OF QUOTATIONS
Quotations are valid for 30 days from the date of quotation.
Any order placed after that period may be accepted at MPCo Ltd’s sole discretion.
Quotations are made without engagements and are subject to confirmation on receipt of
order and manufacturing details.


5. INDEMNITY
The Customer shall indemnify MPCo Ltd against all damages, penalties, costs and
expenses to which MPCo Ltd may become liable as a result of work done in accordance
with the Customer’s specification which involves an infringement of a patent or
registered design.

6. CANCELLATION
Once an order has been placed MPCo Ltd shall be under no obligation to accept
cancellation or part cancellation of the order. Cancellation may be accepted at MPCo
Ltd’s sole discretion subject to payment for all work carried out up to the date of
cancellation plus 10% of the total order value.


7. PRICE AND PAYMENT
All prices are quoted net and are subject to VAT at the current rate.
The Goods may be sold at a price different to that shown in the quotation if more than
30-days have elapsed since the quotation was issued, or after placing the order there is
any variation to the design, weight, quantity or specification of the Goods, or there are
any fluctuations in the cost of raw materials or there is a lack of instruction or
manufacturing information from the Customer.
PAYMENT TERMS
Payment terms for tooling are 50% with order and 50% within 30 days of tooling
completion unless shown otherwise on the quotation.
Payment terms for all other Goods are strictly 30 days net monthly unless shown
otherwise on the quotation.
NON-PAYMENT
Should default be made by the Customer in paying any sum due MPCo Ltd will suspend
all further production until full payment is received, or cancel the outstanding balance of
the order. MPCo Ltd will be entitled to recover any expenses involved in such
cancellation.
PRODUCTION OPEN ORDERS
We will accept purchase orders for production parts that are subject to a forecast or
schedule and will plan production in line with this forecast or schedule and if the forecast
or schedule is changed prior to manufacture we will do our best to accommodate this.
If an order is rescheduled and delivery is postponed by more than 3 months we reserve
the right to complete the work and deliver it at full cost 3 months after the originally
agreed delivery date.

8. DELIVERY
Delivery is ex works unless shown otherwise on the quotation.
MPCo Ltd shall be free to charge all freight, postage, insurance and packing charges
unless shown otherwise on the quotation.
Whilst every endeavour will be made to maintain estimated delivery dates MPCo Ltd shall
not be liable for the consequences of any delay.
Penalties for delay in delivery or otherwise are not accepted unless shown otherwise on
the quotation.


9. DAMAGE OR LOSS
It is the Customer’s responsibility to examine the Goods as soon as practical after
delivery. MPCo Ltd will not accept any claim for shortage in delivery, loss of Goods or
damage to Goods in transit unless they are notified of the claim in writing within 7 days
of delivery and in the case of damaged Goods, the Goods in question are returned to
MPCo Ltd, carriage paid, within 7 days of MPCo Ltd receiving notification of the claim.


10. TITLE AND RISK
MPCo Ltd shall remain the legal owner of the Goods until ALL costs due to
MPCo Ltd from the Customer have been paid in full.
In case of non-payment MPCo Ltd shall be entitled to repossess or trace the
Goods or proceeds of the sale from the Customer, Liquidator or Receiver.
The Customer shall store the Goods separately in such a way as to make them
identifiable as the Goods supplied under the contract until full payment has been made.
At any time while they remain the legal owner of the Goods, MPCo Ltd may require the
Customer to return the Goods to them and, if the Customer refuses to do so, MPCo
Ltd may enter any premises where they believe the Goods are being stored and
repossess them.
Despite MPCo Ltd remaining the legal owner of the Goods, risk in the Goods shall pass
to the Customer immediately upon delivery of the Goods, and the Customer shall
insure them accordingly and indemnify MPCo Ltd against any loss or damage to the
Goods while they are in the Customer’s custody.


11. DESIGN RIGHTS
MPCo Ltd retains the title to all intellectual design rights relating to tooling design,
methods and materials/construction. Although ownership of the tooling will pass to the
Customer when full payment is made the intellectual design rights remain the property
of MPCO ltd. It will therefore not be possible to relocate any tooling without the written
permission of MPCO Ltd.


12. WARRANTY
MPCo Ltd will endeavour to ensure that materials are processed in line with the
manufacturer’s specifications and will apply all reasonable efforts to ensure that products
are supplied that conform to the manufacturers specifications. Goods are sold on the
basis of being fit for purpose based on the facts supplied in writing by the Customer at
the time of quotation. Should any criteria that may adversely affect performance be
withheld MPCo Ltd offer no warranty on such Goods. All Goods supplied that are
rejected on the basis of not being fit for purpose will be reworked or replaced with Goods
that meet the standards of the first off approved sample or later agreed standard. This
warranty only applies where written rejection has been received by MPCo Ltd within 3-
months from the date the Goods are despatched from MPCo Ltd.
It is the Customer’s responsibility to establish that the process or processes offered by
MPCo Ltd are appropriate for the application and MPCo Ltd accept no responsibility for
failure or consequence of failure of Goods as a result of inappropriate application.
MPCo Ltd’s absolute liability in relationship to any claim shall not exceed the price paid
by the Customer for the goods. Under no circumstances shall MPCo Ltd be liable for
any indirect or consequential loss of whatever nature suffered by the Customer.


13. TOOLS AND PATTERNS
MPCo Ltd takes all reasonable care to protect the Customer’s tools or patterns while on
MPCo Ltd’s premises but do not accept liability for loss or damage. The Customer is
responsible for insurance unless shown otherwise on the quotation.
Where tools or patterns are supplied by the Customer, MPCo Ltd’s quotation is made
on the assumption that such tools or patterns are in good order, true to drawing and
entirely suitable for MPCo Ltd’s methods of manufacturing and able to produce the
required quantity and dimensional accuracy.
MPCo Ltd shall not be held responsible for inaccuracies in the Customer’s tools or
patterns.
The Customer shall be liable for any repair or replacement of tools or patterns that may
be required due to normal wear and tear unless shown otherwise on the quotation.
The Customer will indemnify MPCo Ltd against all claims, demands, costs and expenses
suffered by MPCo Ltd as a result of any claim that the Customer’s tools or patterns
infringe the industrial or intellectual property rights of any third party.


14. TOOLING STORAGE
We will store tooling made by MPCo Ltd free of charge for two years from the date of
manufacture. After this period MPCo Ltd reserve the right to charge for storage
(backdated to the date of the last supply), charge to return the tooling to the Customer
or destroy the tooling if no orders have been received within one year.
Pattern equipment used in the manufacture of rotational mould tools will be destroyed on
completion of the tooling unless shown otherwise on the quotation.


15. ESTIMATED WEIGHT
Quoted estimated weights are for guidance only. MPCo Ltd reserves the right to make
any adjustments to the quoted casting/moulding price to allow for any difference between
estimated and actual weights at invoice stage.


16. DRAFT/TAPER/FILLET RADII
In order to allow manufacture of metal castings and plastic mouldings draft angles and
fillet radii will be necessary on certain faces. Unless the Customer indicates areas where
draft/fillets are unacceptable or any other specific deviation from normal foundry/R.I.M.
moulding practice MPCo Ltd shall use their discretion to implement suitable draft angles
and fillet radii.


17. DATA
All manufacturing data supplied to MPCo Ltd for manufacture of Goods is accepted on
the basis of being complete, accurate, drafted and designed to suit our manufacturing
processes. All responsibility for correct issue of data lies with the Customer. If MPCo Ltd
incur costs as a result of being issued incorrect, old or corrupted drawings or electronic
files then these costs shall be passed on to the Customer.

18. DATA PROTECTION WITH REGARD TO PARTNERSHIP AND SOLE TRADER
DEBTORS
We may transfer information about you to our bankers/financiers for the purposes of
providing services and for the following purposes: - Obtaining credit insurance / Making
credit reference agency searches / Credit control / Assessment and analysis (including
credit scoring, market, product and statistical analysis) / Securitisation / Protecting our
interests / We will provide you with details of our bankers/financiers and that of any credit