In
these terms and conditions the following words have the following meanings;
i)
Mennayplay
means the Seller, of Mennayplay, Mennay, Kerlanduren, 22530 St Connec France.
ii)
Customer means
the organisation or person who buys the Goods from Mennayplay
iii)
Trade customer
means an organisation that is legally registered as a business and recognised
as such in prior agreement by Mennayplay
iv)
Goods means
the articles to be supplied to the Customer from Mennayplay
v)
Price List
means the list of prices of the Goods maintained by Mennayplay and which
will be subject to amendments from time to time
2
General
2.1
These
terms and conditions shall apply to all the contracts for the sale of Goods
by Mennayplay to the Customer to the exclusion of all other terms and conditions
referred to, relied on, or tendered by the Customer either in negotiation
or during dealings between the parties.
2.2
Any
variations shall not apply unless agreed in writing by Mennayplay.
2.3
All goods are at the Customers risk as from delivery.
3
Retention
of Title
3.1
Title
in the Goods shall not pass to the Customer until Mennayplay have been paid
in full.
3.2
All
Goods are at the Customers risk as from delivery.
4
Price
and Payment
4.1
The
price is that as stated in the Mennayplay current price list, or current
trade price list.
4.2
Payment
from trade customers is required in advance of delivery when no Goods have
previously been delivered to the Customer.
4.3
Unless
otherwise agreed in writing all trade Customers shall make full payment
within 14 days of the invoice date.
4.4
A)
All goods
remain the property of Mennayplay until;
i)
the customer
has paid the price in full and
ii)
no other sums
are due to Mennayplay
B)
All goods
must be stored and marked and be clearly identified as property of Mennayplay
until the goods passes to the Customer in accordance with 4.4 A) i and ii.
5
Delivery
5.1
The
delivery date must be accepted as estimate only.
5.2
Delivery
will be made to the address specified by the Customer unless otherwise agreed
in writing and the Customer will make all the necessary arrangements to
take delivery of the Goods whenever they are tendered for delivery.
5.3
The
Customer will be entitled to replacement Goods where Goods have been damaged
during transportation. All Goods must be inspected by the Customer on receipt.The
Customer must notify Mennayplay of damage within 24hrs of delivery. Mennayplay
shall have no liability to the Customer in respect of damages/shortages
unless the Customer has given notice.
5.4
Delivery
charges are inclusive of the purchase price unless stated and agreed in
writing between Mennayplay and the Customer.
6
Warranty
6.1
Where
the Goods have been manufactured and supplied to Mennayplay by a third party,
any warranty granted to Mennayplay in respect of the Goods shall be passed
on to the Customer.
7
Relationship
of Parties
7.1
Nothing
contained within these terms and conditions can be construed as forming
a partnership or joint venture between the parties or can be construed as
either party being an agent of the other.
8
Modifications
or Terminations
8.1
Mennayplay
reserves the right to modify the range of Goods available to the Customer
or to terminate a range at any time without notice.
