These conditions are the only conditions on which we sell goods. Unless otherwise mutually agreed in writing they will apply not withstanding any other terms on which you wish to purchase goods from us. Our depot staff or vehicle driver are not authorized to agree to any other conditions or to vary these conditions.
These conditions supersede any previous conditions between you and us (whether oral or in writing) and supersede any previous course of dealing, trade custom or understanding between you and us.
In these conditions “goods” means all goods sold by us to you, “we/us/our” means MAH(s) Cash & Carry and “you/your” means the person, company or other legal entity purchasing the goods.
We reserve the right to suspend delivery if circumstances arise which, in our view, oblige us to do so, or if our accounts are not paid to terms, or your insolvency. We reserve the right to reduce or cancel orders in the event of your insolvency, our inability through shortage of stocks or for any other reason to execute delivery wholly or in part and to make reasonable alterations to products and/or packaging as circumstances may demand. We will not be liable for costs, damages, losses or expenses of any nature resulting from part delivery, suspension of delivery, reduction or cancellation of orders.
There is no contract between us until we accept your order. Each order is a separate contract.
Vat will be charged at the rate prevailing at the tax point date, Price show is Inc Vat Where applicable.
If you have been charged an incorrect price, we reserve the right to rectify our invoice provided only that any claim in respect of incorrect prices is brought to our attention in writing no later than one working day from the date of the invoice.
We reserve the right to alter prices without notice.
All prices are applicable on the date of order.
Any consumer complaint concerning any of our goods must be referred directly to us and we will deal with it. We will not accept responsibility for any payment made by you to a consumer in settlement of any such claim.
Warranties and Liabilities
Nothing in these conditions shall affect our implied undertakings given to you under s12 sale of goods act 1979 or your statutory rights under the agriculture act 1970 (as amended).
Nothing in these conditions shall exclude or limit our liability for death to human beings or personal injury resulting from our negligence.
Nothing in these conditions shall exclude or limit any liability we may have under the consumer protection act 1987.
Our liability to you under or in any way related to the sale and purchase of goods or otherwise whether involving our negligence or not shall only extend to giving an appropriate credit for or repayment of the price paid by you for defective goods.
Nothing in these conditions shall affect your duty to mitigate your losses. Save as set out above we shall not have any liability whatsoever to you under or if any way related to the sale and purchase of the goods or otherwise (whether in contract, tort (including without limitation negligence) or by way of statutory duty) for any claims, loss or damage of any nature whatsoever including without limitation consequential losses of any nature whatsoever.
These conditions shall be governed by the laws of England and you agree to submit to the exclusive jurisdiction of the English courts.