TERMS AND CONDITIONS
Definitions
‘The Seller’ means Midshires Electrical & Lighting Ltd.
‘The Customer’ means the person, firm or company who places the order with the seller and who’s name appears on the invoice.
‘The Goods’ means any goods (or installments or parts thereof) described in the order.
‘The Order’ means the order (faxed/posted/telephoned/e-mailed or any other method) from the customer to the seller, any written confirmation of a verbal order should be clearly marked as such. These Terms and Conditions shall override any previous Terms and Conditions referred to by the buyer, unless explicitly excluded by Statute Law. They form the entire agreement between the Customer and the Seller and may only be varied in writing by an officer of the Seller. Prices quoted are in Sterling and are exclusive of VAT, carriage and installation, the Seller reserves the right to amend prices on imported goods at short notice if appropriate. All descriptive drawings and specifications given by the Seller are intended only to represent a general idea of the goods to which they refer.
Payment
Until a Credit Account has been agreed and opened by the Seller, payment is due in cash with the order or against a pro-forma invoice. Once a Credit Account has been opened payment is the end of the month that follows the date of the invoice (this is the due date); or any alternative agreed by an officer of the Seller with the Customer. If payment is delayed the Seller shall be entitled to interest on the amount overdue at the rate of 4% above the Base Rate of National Westminster Bank Plc, from time to time in force calculated on a day to day basis. If the payment is dishonoured or countermanded the Seller shall be entitled to charge the Customer a minimum of £25 to cover administration costs.
Delivery/Carriage
Any delivery date given is in good faith but the Seller shall not be responsible for any delay in delivery for whatsoever reason. The Seller is entitled to make delivery by installments, and to invoice as such.
Any failure by the Customer to accept delivery, apart from such grounds for rejection as are specified in Statute Law, shall be deemed a breach of contract. On receipt the Customer must check that the goods are as per the Delivery Note, with any shortages being advised to the Seller within 48 hours, after that time the Seller will accept no liability.

The Seller normally makes no charge for delivery but reserves the right to charge in respect of:
1. Low value orders.
2. Special deliveries outside its normal delivery areas.
3. Recovery of charges where they have been levied by the manufacturer.
The goods are at the risk of the Customer from the time of delivery. Ownership of the Goods shall be retained by the Seller until the Customer has paid all sums due to the Seller in respect of the Goods, and other sums which are or which become due to the Seller from the Customer. Until ownership transfers to the Customer, they must:
1. Acknowledge that they are in possession of the goods as bailee for the Seller.
2. Store the goods in a way that ensures they are readily identifiable.
If proceeds of sale of the goods are held these must be held in trust for the Seller, either where such proceeds are in the hands of the Customer or a Liquidator/Receiver/Administrator. The Customer grants the Seller, its agents and employees an irrevocable licence to enter any premises, at any time, where the goods are or may be stored in order to inspect them or where the Customer’s right to possession has terminated to recover them. The Customer’s right to possess the goods terminates immediately if:
1. The Customer has a bankruptcy order made against him.
2. Or enters into a Creditors Agreement.
3. Or a Receiver/Liquidator/Administrator is appointed.
4. Or a winding-up petition is made.
The Seller’s liability in respect of all goods supplied by it shall be limited to giving the Customer the benefit of any guarantee or warranty given by the manufacturer of such goods. The Seller shall be under no liability if the full purchase price has not been paid by the due date. The maximum liability of the Seller to the Customer in respect of shortages and/or defects is the amount invoiced by the Seller in respect of those goods under dispute. The Customer at the time of placing the order, and/or at the time of receiving the goods, or part thereof, warrants that they had not entered into any Creditors Agreement, was not insolvent, and was not aware of any circumstances that would enable a creditor to appoint a Receiver or petition for a winding-up or bankruptcy.
General
These Terms and Conditions and any other contract between the Seller and the Customer are to be construed under English Law. If any of the Terms and Conditions prove illegal or unenforceable in whole or part, such Term and Condition shall be deemed excised from these Terms and Conditions without effect upon the validity of the remainder of the Terms and Conditions.