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"Customer” The person, firm of company purchasing or agreeing to purchase goods or services from MTK Life Ltd.
"Goods" The products supplied by MTK Life Ltd and purchased by the Customer pursuant to these Conditions.
An order submitted by the Customer to MTK Life Ltd to order Goods.
"These Conditions" The terms and conditions of sale set out herein.
"MTK Life Ltd" MTK Life Ltd registered in England and Wales with company number 11705420 and having its trading office at
Unit L, Braintree Industrial Estate, Braintree Road, South Ruislip, Middlesex HA4 0EJ.
"Working Day"
A day other than a Saturday, Sunday or a Public Holiday in the United Kingdom.
1. These Conditions
a) These Conditions shall apply in respect of the supply of all Goods by MTK Life Ltd to the Customer and shall supersede all other agreements and verbal agreements and exclude any standard terms
of the Customer (whenever issued).
b) The making of an order by the Customer for the Goods shall constitute an offer by the Customer to purchase Goods on these Conditions which MTK Life Ltd in its discretion may accept in
writing (including by fax or E-mail). No cancellation of an order by the Customer shall be valid unless made in writing and accepted in writing by MTK Life Ltd.
c) No variation of these Conditions is permitted unless expressly accepted in writing by a Member of the Board of MTK Life Ltd.
d) Each of the Customer and MTK Life Ltd acknowledges that in entering into these Conditions, it has not relied upon any representations, warranties or other assurances (other than those
repeated in these Conditions) and waives all rights and remedies which, but for this Clause 1d would be available to it provided that nothing in these Conditions excludes liability for fraud.
2. The Goods
Subject to Clause 6a, all descriptions, drawings and particulars relating to the Goods in any catalogues, leaflets, brochures or other documents are for illustrative purposes only and do not form part
of the agreement between MTK Life Ltd and its Customer. All representations as to performance of the Goods are based on information supplied by the manufacturer of the Goods and relate to the
performance in normal conditions and when used correctly.
3. Delivery and Risk
a) Unless otherwise expressly agreed, the cost price shown in the current price list of MTK Life Ltd is exclusive of value added tax and the cost of packing and carriage will be charged at
MTK Life Ltd’s normal rates.
b) The time for delivery of the Goods is not of the essence. The agreed dates for delivery are estimates only and a failure by MTK Life Ltd to comply with them shall not be a breach of these
c) Risk in the Goods shall pass to the Customer when the vehicle carrying the Goods arrives at the Customer's premises and before unloading, or, if the Customer has requested that it
arranges the collection of the Goods, on the date that MTK Life Ltd has notified the Customer that the Goods are ready for collection.
d) The Customer is required to inspect the Goods on receipt and to notify MTK Life Ltd of any defects within 3 days of receipt otherwise it shall be deemed to have accepted the Goods
and be liable for the price.
e) If any payments due to MTK Life Ltd remain unpaid for more than 30 days from the due date (unless previously agreed) or if the Customer ceases to trade or enters into any arrangement with its
creditors or shall become insolvent or has a receiver or administrative receiver appointed or a petition is presented or a resolution passed for the winding up of the Customer (if the Customer is a
company) other than for the purpose of a solvent reconstruction or amalgamation previously notified to MTK Life Ltd, the Customer shall then be deemed to have repudiated any agreements it may
then have with MTK Life Ltd who shall be entitled (without prejudice to any other rights or remedies available to it) to stop any Goods in transit and to cancel any further deliveries.
4. Property in the Goods
a) Notwithstanding risk in the Goods passing to the Customer in accordance with Clause 3c of these Conditions, the Goods shall remain the sole and absolute property of MTK Life Ltd and title to and
legal and equitable ownership of the Goods shall not pass to the Customer until payment in full is received by MTK Life Ltd of all monies due from the Customer to MTK Life Ltd in respect of all Goods
supplied by MTK Life Ltd to the Customer and the Customer acknowledges that until such payment is made in full it is in possession of the Goods solely as a fiduciary for MTK Life Ltd.
b) Until title of the Goods passes to the Customer in accordance with Clause 4a, the Goods shall be kept separate and distinct from all other property of the Customer and of third parties and in
good condition and stored in such a way as to be clearly identifiable as belonging to MTK Life Ltd and the Customer will not cause or permit or suffer any labels, badges, serial numbers, or any other
means of identification of the Goods to be removed or obscured.
c) MTK Life Ltd may for the purpose of recovering its Goods enter upon any premises where they are stored or where they are reasonably thought to be stored and may repossess the same.
5. Prices and Payments
a) Unless otherwise expressly agreed, the price is payable on delivery of the Goods with invoice.
b) Time for payment is of the essence and if payment is not made within 30 days (or other previously agreed period) from the date of the invoice, MTK Life Ltd may require the Customer to
pay 2.5 % interest per month from the date of invoice compounded monthly until payment is received in full.
c) If payment is not made within 30 days of the date of the invoice (or a previously agreed period) MTK Life Ltd will be entitled to charge (in addition to interest and any legal costs ordered by the
Court and without prejudice to any other rights or remedies available to MTK Life Ltd) the sum of £100 plus VAT by way of liquidated damages and as a contribution to the administrative
costs incurred by MTK Life Ltd in taking steps to secure payment. Such sum does not constitute a penalty but represents a reasonable pre-estimate of the loss to MTK Life Ltd in seeking to
secure payment.
d) Unless otherwise stated, all payments are to be made to MTK Life Ltd’s address as stated on the Invoice.
e) The price shall be payable without any deduction or set-off.
f) Cheques not honoured (returned) will incur £10 minimum charge.
6. Warranty and Liability
a) MTK Life Ltd undertakes to credit the account (if any) of the Customer or to remedy free of charge by repair or replacement any defects in the Goods which are covered under the
manufacturer's guarantee or warranty provided that the Customer arranges for the prompt return to MTK Life Ltd of the defective Goods at the Customer's risk and expense. MTK Life Ltd reserves the
choice of repair/replacement or credit.
b) Save as herein specifically provided and save to the extent that the same cannot by law be excluded all conditions and warranties or representations express or implied statutory or
otherwise in relation to the Goods are hereby excluded.
c) Subject to Clause 6(e), MTK Life Ltd shall not be liable to the Customer for any loss of profit (whether direct or indirect) or any consequential or indirect loss, loss of business, economic loss,
loss of goodwill, loss of contracts, damage to the property of the Customer or any third party, in each case whether such loss arises from a breach of a duty in contract or tort in any other way.
d) To be valid any claim against MTK Life Ltd whether in contract or in tort must be brought within 6 months of the date of invoice relating to the Goods to which the claim relates. Subject to
Clause 6e, MTK Life Ltd's maximum aggregate liability for any one or series of related claims shall be limited to an amount equal to the invoice value of the Goods in respect of which the claim
or claims are made.
e) Nothing in these Conditions excludes or limits either party's liability for (a) death or personal injury caused by the negligence of that party or its employees or contractors; (b) fraud; or
(c) any other liability that cannot be excluded or limited under applicable law.
7. Returns Policy
a) MTK Life Ltd admit no liability or responsibility for returned Goods which are returned without a valid Returns Authorisation Number, issued by MTK Life Ltd’s returns department.
b) Goods are not sold on a ‘sale or return’ basis.
c) Credit Notes issued by MTK Life Ltd are not redeemable for cash.
d) MTK Life Ltd’s policy is to replace Goods, not to offer credit in exchange for returns. Returned Goods will only be credited if they cannot be repaired or replaced by a similar product.
e) Remote Control Toys Returns – MTK Life Ltd reserves the right to inspect any items that are returned before any repair or exchange is made. If they appear to be broken due to impact or do not
appear to have any manufacturing or electrical faults they will not be exchanged or repaired. MTK Life Ltd’s decision in this matter is final.
8. Force Majeure
MTK Life Ltd shall not be liable to the Customer for any failure to perform its obligations due to any circumstances beyond its control (including without limitation, strikes, lockouts, industrial
disputes, or any other person, firm or company, delays caused by any manufacturer of the Goods, riots, civil disturbances, war or warlike activity, embargoes, fire, explosion, flood or natural
causes) and in such event MTK Life Ltd may elect by written notice to cancel any agreement with the Customer or elect that the time for performance shall be extended until such time as MTK Life Ltd
can reasonably effect performance.
9. Waiver
If the Customer shall be in breach of any of these Conditions then failure by MTK Life Ltd to require the Customer to rectify the same shall not create any assumption that such a breach has been
waived by MTK Life Ltd.
10. Notices
All demands, notices and other communications shall be in writing and addressed to MTK Life Ltd at its address shown in invoices delivered by it and to the Customer at the address given by it for the
delivery of invoices (or as subsequently notified by one or the other in writing) and shall be deemed to be duly given or made by letter 48 hours after being posted by first class postage pre-paid
or if delivered by hand at the time of delivery or if given or made by fax or E-mail on confirmation of receipt (electronic or otherwise).
11. Law and Jurisdiction
These Conditions are governed by and shall be construed in accordance with English law and the Customer and MTK Life Ltd irrevocably submit to the exclusive jurisdiction of the English