MONO Equipment Terms & Conditions
Please find detailed below MONO Equipment's Standard Terms & Conditions for the Sale of Goods along with our specific Website Terms & Conditions:
Standard Terms and Conditions for the Sale of Goods
1.1 In these Conditions:
‘BUYER’ means the person who accepts a quotation of the Seller for the sale of the Goods or whose order for the Goods is accepted by the Seller
‘GOODS' means the equipment (including any parts for them) which the Seller is to supply in accordance with these Conditions and shall include but is not limited to machines, ovens, provers and conveyers.
‘SELLER’ means AFE Group Limited trading as MONO Equipment or Belshaw Doughnut Equipment (registered in England and Wales under number 3872673)
‘CONDITIONS’ means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Buyer and the Seller
‘CONTRACT’ means the contract for the purchase and sale of the Goods
‘WRITING’includes-mail, facsimile transmission and comparable means of communication.
1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re‑enacted or extended at the relevant time.
1.3 The headings in these Conditions are for convenience only and shall not affect their interpretation.
2. Basis of the Sale:
2.1 The Seller shall sell and the Buyer shall purchase the Goods in accordance with any written quotation of the Seller which is accepted by the Buyer, or any written order of the Buyer which is accepted by the Seller, subject in either case to these Conditions, which shall govern the Contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by the Buyer.
2.2 No variation to these Conditions shall be binding unless agreed in Writing between the authorised representatives of the Buyer and the Seller.
2.3 The Seller’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Seller in Writing. In entering into the Contract the Buyer acknowledges that it does not rely on any such representations which are not so confirmed.
2.4 Any advice or recommendation given by the Seller or its employees or agents to the Buyer or its employees or agents as to the storage, application or use of the Goods which is not confirmed in Writing by the Seller is followed or acted upon entirely at the Buyer’s own risk, and accordingly the Seller shall not be liable for any such advice or recommendation which is not so confirmed.
2.5 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
3. Orders and Specifications:
3.1 No order submitted by the Buyer shall be deemed to be accepted by the Seller unless and until confirmed in Writing by the Seller’s authorised representative.
3.2 Photographs, illustrations or advertisement matter supplied by the Seller represent generally the goods manufactured by the Seller but shall not be taken as necessarily representing the Goods subject to the quotation and shall not form part of the Contract.
3.3 The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Buyer, and for giving the Seller any necessary information relating to the Goods within a sufficient time to enable the Seller to perform the Contract in accordance with its terms.
3.4 The quantity, quality and description of and any specification for the Goods shall be those set out in the Seller’s quotation (if accepted by the Buyer) or the Buyer’s order (if accepted by the Seller).
3.5 If the Goods are to be manufactured or any process is to be applied to the Goods by the Seller in accordance with a specification submitted by the Buyer, the Buyer shall indemnify the Seller against all loss, damages, costs and expenses awarded against or incurred by the Seller in connection with or paid or agreed to be paid by the Seller in settlement of any claim for infringement of any patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person which results from the Seller’s use of the Buyer’s specification.
3.6 The Seller reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable statutory or EC requirements or, where the Goods are to be supplied to the Seller’s specification, which do not materially affect their quality or performance, or where the standard materials used are not available to use the best alternative materials available at the time of manufacture.
3.7 No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in Writing of the Seller and on terms that the Buyer shall indemnify the Seller in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Seller as a result of cancellation.
4. Price of the Goods:
4.1 The price of the Goods shall be the Seller’s quoted price or, where no price has been quoted (or a quoted price is no longer valid), the price listed in the Seller’s published price list current at the date of acceptance of the order. All prices quoted are:
4.1.1 in respect only of equipment of standard design; and
4.1.2 subject to a site survey of the Buyer's premises
4.2 Where the Goods are supplied for export from the United Kingdom, the Seller’s published export price list shall apply. All prices quoted are valid for 30 days only or until earlier acceptance by the Buyer, after which time they may be altered by the Seller without giving notice to the Buyer. The Buyer shall obtain and bear the cost of all necessary import licences, clearances and consents necessary for the purchase of the Goods.
4.3 The price quoted for the goods shall include (unless otherwise expressly stated) delivery only to the Buyer's premises at ground level (unless the Buyer collects the equipment from the Seller's premises)
4.4 The Seller reserves the right, by giving notice to the Buyer at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to the Seller which is due to any factor beyond the control of the Seller (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture), any change in delivery dates, quantities or specifications for the Goods which is requested by the Buyer, or any delay caused by any instructions of the Buyer or failure of the Buyer to give the Seller adequate information or instructions.
4.5 Except as otherwise stated under the terms of any quotation, and unless otherwise agreed in Writing between the Buyer and the Seller, all prices are given by the Seller on an ex works basis and where the Seller agrees to deliver the Goods otherwise than at the Seller's premises, the Buyer shall be liable to pay the Seller's charges for transport, packaging and insurance.
4.6 The price is exclusive of:
4.6.1 any applicable value added tax, which the Buyer shall be additionally liable to pay to the Seller;
4.6.2 any erection, dismantling, lifting, relocating, reassembling and installing of the Goods and where the same is undertaken by the Seller at the Buyer's request the Buyer shall pay the Seller such additional sums as shall be calculated by the Seller on a time and expenses basis.
4.6.3 any builders', architects' or surveyors' charges or fees.
5. Terms of Payment:
5.1 Subject to any special terms agreed in Writing between the Buyer and the Seller, the Seller shall be entitled to invoice the Buyer for the price of the Goods on or at any time after delivery of the Goods, unless the Goods are to be collected by the Buyer or the Buyer wrongfully fails to take delivery of the Goods, in which event the Seller shall be entitled to invoice the Buyer for the price at any time after the Seller has notified the Buyer that the Goods are ready for collection or (as the case may be) the Seller has tendered delivery of the Goods.
5.2 The Buyer shall pay the price of the Goods in the following stages:
5.2.1 non refundable deposit of 30% on acceptance of an order or quotation
5.2.2 60% on notification from the Seller that the Goods have been manufactured and are available for delivery
5.2.3 10% on delivery of the Goods.
5.3 In addition to the payment of the price for the Goods the Buyer shall pay a sum of [£50.00] towards restocking any parts of the Goods
5.4 In the event that the order or quotation is for bespoke Goods prepared to specifications provided by the Buyer the whole amount of the price of the Goods shall be payable by the Buyer on notification of the Goods being available for delivery even if the Buyer fails to collect the Goods or the fails to accept delivery of the Goods.
5.5 If the Buyer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to:
5.5.1 cancel the contract or suspend any further deliveries to the Buyer;
5.5.2 appropriate any payment made by the Buyer to such of the Goods (or the goods supplied under any other contract between the Buyer and the Seller) as the Seller may think fit (notwithstanding any purported appropriation by the Buyer); and
5.5.3 charge the Buyer interest (both before and after any judgement) on the amount unpaid, at the rate of 2 per cent per annum above Natwest Bank plc base rate from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).
6.1 Delivery of the Goods shall be made by the Buyer collecting the Goods at the Seller's premises at any time after the Seller has notified the Buyer that the Goods are ready for delivery or, if some other place for delivery is agreed by the Seller, by the Seller delivering the Goods to that place.
6.2 Where the Seller agrees to deliver the Goods otherwise than at the Seller's premises, the Seller shall be under no obligation under section 32(2) of the Sale of Goods Act 1979.
6.3 Any dates quoted for delivery of the Goods are approximate only and the Seller shall not be liable for any delay in delivery of the Goods however caused. Time for delivery shall not be of the essence of the Contract unless previously agreed by the Seller in writing. The Goods may be delivered by the Seller in advance of the quoted delivery date upon giving reasonable notice to the Buyer.
6.4 Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by the Seller to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the Contract as a whole as repudiated.
6.5 If the Seller fails to deliver the Goods (or any instalment) for any reason other than any cause beyond the Seller’s reasonable control or the Buyer’s fault, and the Seller is accordingly liable to the Buyer, the Seller’s liability shall be limited to the excess (if any) of the cost to the Buyer (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods.
6.6 If the Buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of the Seller’s fault) then, without prejudice to any other right or remedy available to the Seller, the Seller may:
6.6.1 store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage; or
6.6.2 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract or charge the Buyer for any shortfall below the price under the Contract.
7. Risk and Property:
7.1 Risk of damage to or loss of the Goods shall pass to the Buyer:
7.1.1 in the case of Goods to be delivered at the Seller’s premises, at the time when the Seller notifies the Buyer that the Goods are available for collection; or
7.1.2 in the case of Goods to be delivered otherwise than at the Seller’s premises, at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, the time when the Seller has tendered delivery of the Goods.
7.2 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by the Seller to the Buyer for which payment is then due.
7.3 Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as the Seller’s fiduciary agent and bailee, and shall keep the Goods separate from those of the Buyer and third parties and properly stored, protected and insured and identified as the Seller’s property, but shall be entitled to resell or use the Goods in the ordinary course of its business.
7.4 Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold), the Seller shall be entitled at any time to require the Buyer to deliver up the Goods to the Seller and, if the Buyer fails to do so forthwith, to enter upon any premises of the Buyer or any third party where the Goods are stored and repossess the Goods.
7.5 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Seller, but if the Buyer does so all moneys owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of the Seller) forthwith become due and payable.
8. Erection and Installation:
8.1 In the case of Goods as specified in clause 4.6.2 which price includes erection or for any Goods where the erection, installation or other service as may be specified in clause 4.6.2 is to be provided by the Seller in accordance with that clause 4.6.2 then the same:
8.1.1 shall be carried out during normal working hours; and
8.1.2 the Buyer shall provide suitable access to the premises and utilities to the source point including gas, electricity, lighting or other as the Seller may require.
8.2 The Buyer shall indemnify the Seller against all and any costs and charges (including, but not limited to parking charges and fines) the Seller may incur as a result of the Buyer failing to provide suitable access to the Buyer’s premises to install the Goods or access the premises
8.3 Connections to extraction facilities, steam, gas or other supply are not undertaken by the Seller.
8.4 The Seller shall not be responsible for damage to the Goods during or after erection or installation or other service if it is performed by persons other than the Seller's representatives, his Agents or other such persons who have been approved in writing by the Seller.
9. Damage or Loss in Transit:
9.1 The Seller's liability ends with the arrival of the goods at the designated delivery point and the Seller shall not be liable for any damage or loss caused during unloading or thereafter.
9.2 The Buyer shall whenever reasonably practicable inspect the Goods forthwith on delivery by the carrier. Where inspection cannot reasonably be made, the Carrier's note or other such document as is appropriate shall be marked "Not inspected".
9.3 In the event of damage in transit, goods or parts thereof will be replaced or repaired free of charge provided that any damage is notified in writing to the Seller (and Carrier where appropriate) within 7 days of delivery to the designated delivery point.
9.4 In the event of loss in transit the Seller shall be notified in writing within 7 days from the date of consignment.
10. Warranties and Liability:
10.1 Subject to the conditions set out below the Seller warrants that the Goods will correspond with their specification at the time of delivery and will be free from defects in material and workmanship for a period of 12 months from the date of their initial use or 12 months from delivery, whichever is the first to expire.
10.2 The above warranty is given by the Seller subject to the following conditions:
10.2.1 the warranty does not extend to second-hand or reconditioned Goods arising from any drawing, design or specification supplied by the Buyer;
10.2.2 the Seller shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Seller’s instructions (whether oral or in writing), misuse or alteration or repair of the Goods without the Seller’s approval;
10.2.3 the Seller shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Goods has not been paid by the due date for payment;
10.2.4 the above warranty does not extend to parts, materials or equipment not manufactured by the Seller, in respect of which the Buyer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to the Seller.
10.3 Subject as expressly provided in these Conditions, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
10.4 If the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the Buyer are not affected by these Conditions.
10.5 Except in respect of death or personal injury caused by the Seller’s negligence, the Seller shall not be liable to the Buyer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer, and the entire liability of the Seller under or in connection with the Contract shall not exceed the price of the Goods, except as expressly provided in these Conditions.
10.6 The Seller shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Seller’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Seller’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Seller’s reasonable control:
10.6.1 Act of God, explosion, flood, tempest, fire or accident;
10.6.2 war or threat of war, sabotage, insurrection, civil disturbance or requisition;
10.6.3 acts, restrictions, regulations, bye‑laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
10.6.4 import or export regulations or embargoes;
10.6.5 strikes, lock‑outs or other industrial actions or trade disputes (whether involving employees of the Seller, Buyer or of a third party);
10.6.6 difficulties in obtaining raw materials, labour, fuel, parts or machinery;
10.6.7 power failure or breakdown in machinery.
11.1 The specifications and designs of the Goods (including the copyright, design right or other intellectual property in them) shall as between the parties be the property of the Seller and where any estimate is rejected by a buyer all drawings, illustrations and specifications shall be returned to the Seller.
11.2 Where any designs or specifications have been supplied by the Buyer for manufacture by or to the order of the Seller then the Buyer warrants that the use of those designs or specifications for the manufacture, processing, assembly or supply of the Goods shall not infringe the rights of any third party.
11.3 The Buyer shall indemnify the Seller accordingly in respect of any additional charges incurred as a result of the Buyer's failure to provide adequate instructions, suitable equipment for any erection or installation or other to be undertaken at the Buyer's request, for any delays or interruptions or other expenses howsoever incurred by the Seller in performing his obligations under the Contract.
12. Insolvency of Buyer:
12.1 This clause applies if:-
12.1.1 the Buyer makes any voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or
12.1.2 an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Buyer; or
12.1.3 the Buyer ceases, or threatens to cease, to carry on business; or
12.1.4 the Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.
12.2 If this clause applies then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Buyer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
13.1 Any notice required or permitted to be given by either party to the other under these Conditions shall be in Writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
13.2 No waiver by the Seller of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
13.3 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
13.4 Any dispute arising under or in connection with these Conditions or the sale of the Goods shall be referred to arbitration by a single arbitrator appointed by agreement or (in default) nominated on the application of either party by the President for the time being of the Institution of Mechanical Engineers, in accordance with the rules of the Arbitration Act 1996.
13.5 The Contract shall be governed by the laws of England and Wales and the Buyer agrees to submit to the non‑exclusive jurisdiction of the English and Welsh courts.
Website Terms & Conditions
The term ‘Mono Equipment’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is Queensway, Swansea West Industrial Park, Swansea, SA5 4EB. Registered in England and Wales under Registered Number 3872673. The term ‘you’ refers to the user or viewer of our website.
We do our best to ensure that the information provided on the site is up to date and accurate. However, as some of the information is provided by third parties we cannot guarantee this. All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
Our website may contain links to other websites. Please be aware that we are not responsible for the content, security or performance of any of these websites and we do not endorse any products or services advertised on them.
We have made reasonable efforts to ensure that the site is accessible from a wide range of computers and browsers. However, we cannot absolutely guarantee that you will be able to access the site if you change the hardware/software you are using and we do not accept liability if you are unable to do so.
All rights, including copyright, in this website are owned by or licensed to Mono Equipment. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the written permission of Mono Equipment