Terms of Service

1. Definitions

• “Contract” means the contract between the Supplier and the Customer for the sale and purchase of the Goods in accordance with these Conditions.

• “Customer” means the person, firm or company to be supplied with the goods by the Supplier.

• “Goods” mean the goods, materials, products and/or other items to be supplied pursuant to the Contract.

• “Order” the Customer's order for the Goods, as set out in the Customer's written acceptance of the Supplier's quotation.

• “Supplier” means Mountrel Limited, incorporated and registered in England and Wales with company number 13515018, whose registered office is 2-4 Petworth Road, Haslemere, England, GU27 2HR

2. Basis of Contract

(a) These Conditions apply to all sales of Goods by the Supplier and shall prevail over any inconsistent terms or conditions referred to in the Customer’s order or in correspondence or elsewhere unless specifically agreed to in writing by the Supplier, and any conditions or stipulations to the contrary are hereby excluded or extinguished.

(b) The Customer may place an Order for Products by telephone, email or in writing. Each Order placed by the Customer constitutes an offer by the Customer to purchase the Products subject to and in accordance with these Conditions.

(c) The Order is placed on these Conditions and shall be confirmed in writing by the Supplier (the Order and these Conditions together constituting the “Agreement”). These Conditions are incorporated in every Order and shall apply to the Agreement to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

(d) Quotes and prices for the Products given by the Supplier or in any sale literature are for guidance only and shall not constitute an offer.

(e) An Order shall only be deemed to be accepted when the Supplier issues an invoice in respect of the Order, or if earlier, upon delivery of the Products to the Customer, at which point the Agreement shall come into existence.

(f) Unless otherwise agreed in writing by the Supplier, the Customer shall not be entitled to cancel or vary an Order once it has been accepted by the Supplier.

(g) The Agreement constitutes the entire agreement between the parties. Each party acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of the other party which is not set out in the Agreement.

(h) Any samples, drawings, descriptive matter, or advertising produced by the Supplier are produced for the sole purpose of giving an approximate idea of the Products described. They shall not form part of the Agreement or have any contractual force.

3. Goods

(a) The Goods are described in the Supplier's catalogue as modified by any applicable Specification.

(b) The Customer shall indemnify the Supplier against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by the Supplier in connection with any claim made against the Supplier for actual or alleged infringement of a third party's intellectual property rights arising out of or in connection with the Supplier's use of the Specification. This clause shall survive termination of the Contract.

(c) The Supplier reserves the right to amend the Specification if required by any applicable statutory or regulatory requirements.

(d) The Supplier reserves the right, from time to time and without liability to the Customer, to amend the specification or composition of the Products; and/or to discontinue the manufacture, supply, sale and/or distribution of any Products.

4. Prices

The price of the Goods shall be the price set out in the Order, or, if no price is quoted, the price set out in the Supplier's published price list in force as at the date of delivery. The Supplier may, by giving notice to the Customer at any time before delivery, increase the price of the Goods to reflect any increase in the cost of the Goods that is due to:

(a) Any factor beyond the Supplier's control (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs);

(b) Any request by the Customer to change the delivery date(s), quantities or types of Goods ordered, or the Specification; or

(c) Any delay caused by any instructions of the Customer or failure of the Customer to give the Supplier adequate or accurate information or instructions.

The price of the Goods:

(d) Excludes amounts in respect of value added tax (VAT), which the Customer shall additionally be liable to pay to the Supplier at the prevailing rate, subject to the receipt of a valid VAT invoice; and

(e) Excludes the costs and charges of packaging, insurance and transport of the Goods, which shall be invoiced to the Customer.

(f) The Supplier may invoice the Customer for the Goods on or at any time after the completion of delivery.

(g) The Customer shall pay the invoice in full and in cleared funds in advance on the date of the invoice. Payment shall be made to the bank account nominated in writing by the Supplier. Time for payment is of the essence. If the Customer fails to make any payment due to the Supplier under the Contract by the due date, the Customer shall pay interest on the overdue amount at the rate of 5% per annum above the Bank of England base rate from time to time. Interest shall accrue daily until payment is made. The Customer shall pay the interest together with the overdue amount.

(h) The Customer shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). The Supplier may set off any amount owing to it by the Customer against any amount payable by the Supplier to the Customer.

5. Delivery

(a) Delivery dates are approximate only and delivery will be arranged as soon as practicable. Orders will remain valid and binding notwithstanding delay. Unless otherwise specified, delivery shall be “ex-works,” so that risk in the Goods passes to the Customer when the Supplier notifies the Customer the Goods are ready for collection.

(b) Each delivery is accompanied by a delivery note showing relevant Order details.

(c) Goods sent by post are deemed delivered and at Customer’s risk at despatch.

(d) Unless agreed otherwise, delivery may be in instalments. Each instalment shall be treated as a separate Contract.

(e) If the Customer defaults on payment, the Supplier may suspend deliveries or terminate the Contract.

6. Carriage

(a) All deliveries are ex-works. Carriage is charged unless expressly waived in writing by the Supplier.

(b) The Supplier may change carriage charges or thresholds without notice.

(c) If the Customer requests special delivery methods, additional charges will apply.

7. Title and Risk

(a) Risk passes to the Customer upon delivery.

(b) Title passes only when the Supplier receives full payment in cleared funds.

(c) Until title passes, the Customer must:

(i) store Goods separately and identify them as the Supplier's;

(ii) not alter identifying marks or packaging;

(iii) maintain the Goods in good condition and insure them;

(iv) notify the Supplier if it becomes insolvent or affected by relevant events;

(v) provide information about the Goods as requested.

(d) The Customer may resell or use the Goods in the ordinary course of business. Resale transfers title immediately before resale occurs.

(e) If the Customer becomes insolvent before paying, the right to resell/use Goods ends. The Supplier may require return or reclaim of Goods.

(f) Returned faulty Goods transfer back to the Supplier.

(g) The Customer is advised to inspect Goods upon delivery. A signed delivery note confirms receipt in good condition.

(h) Until payment is made, the Goods remain the Supplier’s sole property. The Customer holds them as bailee.

8. Repairs and Processing

Goods sent for repair/processing remain at the Customer’s risk.

9. Liability

(a) Claims for shortages must be made within 7 days of delivery.

(b) Defects must be reported within 12 months. The Supplier will replace or repair defective Goods arising from faulty workmanship or materials.

(c) All other warranties or conditions are excluded. The Supplier shall not be liable for loss or damage except for death or injury caused by its negligence.

10. Cancellation

If the Customer cancels an accepted order, they shall fully indemnify the Supplier.

11. Licences and Consents

(a) The Contract is subject to all required licences or consents being obtained. The Customer shall assist as required.

(b) The Customer is responsible for import licences/consents and shall provide evidence if requested.

12. Force Majeure

(a) The Supplier is not liable for delays due to force majeure.

(b) “Force majeure” includes natural disasters, strikes, breakdowns, supply issues, or transport disruption beyond the Supplier’s control.

13. Waiver

A party’s failure to enforce any provision shall not be a waiver of its right to do so later.

14. Notices

Notices must be in writing and delivered by post, telex, or telegraph to the last known address.

15. Headings

Headings are for reference only and do not affect interpretation.

16. Governing Law

The Contract shall be governed by and interpreted in accordance with the laws of England, and the parties submit to the jurisdiction of the English Courts.