TERMS & CONDITIONS
General terms and conditions of sales and delivery relating to all sales of goods by MDA INTERNATIONAL FASHION LTD (“Company”)
- The price of the goods is exclusive of VAT. Freight and delivery charges will be charged as per agreed delivery terms. Freight and delivery charges to be paid at the same time as payment for the goods.
- An order is to be cancelled, in writing, within 21 days after the Buyer has placed the order. In case of cancellation of this period, the customer shall owe a fixed compensation of 30% of the value of the order.
- Full payment shall be duly effected on the agreed date, this timing is of the essence.
- The Company may charge interest at 2% per month on any sum not paid on the due date. Such interest shall run from day to day and accrue after as well as before any judgement and shall be compounded monthly until payment thereof.
- Buyer shall not be entitled to withhold any payment on the grounds that it has a claim, counterclaim or setoff against the Company.
- After delivery, the goods shall be at the Buyer’s sole risk in respect of any loss or damage arising from any cause whatsoever.
- Time for delivery shall not be of the essence and delivery dates are intended as an estimate only. The Company shall not be liable for any loss or damage whether arising directly or indirectly from delay in delivery.
- The Company may deliver the goods by instalments and may invoice the Buyer for each instalment.
- (a) To the extent permitted by Law, all conditions, warranties or obligations whether express or implied by statute, common law or otherwise are excluded and the provisions of these conditions shall apply in lieu thereof. (b) Nothing in these conditions shall exclude or restrict any liability for death or personal injury resulting from the Company’s negligence, as that expression is defined in Section 1 of the Unfair Contract Terms Act 1977.
- (a) Notwithstanding delivery the property in the goods will remain in the company and subject to the following provisions of this condition. Buyer will hold the goods as bailee for the company until payment in full of the price for the goods and all other sums due from buyer to the company on any account whatsoever (“Payment”). (b) If buyer (before payment) sells the goods to any third party, it shall as between Buyer and such third party sell as principal but as between Buyer and the Company, Buyer shall sell as the fiduciary agent of the Company. (c) The Company may at any time without notice recover possession of goods the property of the Company and Buyer grants to the company irrevocable licence to enter for that purpose any premises then occupied by Buyer.
- Any contract to which these conditions apply is subject to cancellation by the Company or to such variation as it may find necessary by reason of inability to secure labour, materials, transport or supplies or by reason of strike, lockout, trade dispute, weather conditions, hostilities, legislation, Act of God or any cause whatsoever beyond the control of the Company.
- The conditions shall be governed by and constructed in accordance with English law and Buyers submit to the non-exclusive jurisdiction of the English Courts.