Terms & Conditions

OVERVIEW

Welcome to Magee Clothing Limited Business to Business (B2B) website. We would like you to have the best possible experience with us. To find out more about our website please see the Terms and Conditions outlined in detail below. By using this website you agree to be bound by the Terms and Conditions set out below. If you do not agree to these Terms and Conditions in their entirety you must immediately stop using this website. The Magee Clothing Limited B2B website is provided solely for your business use. Magee Clothing Limited B2B only offers products for sale that are in stock and available for dispatch from its warehouse. Although much effort has gone into producing high quality images of our product selection, we cannot guarantee that your monitor will correctly replicate the colours. Magee Clothing Limited B2B reserves the right to modify these Terms of Conditions from time to time.

1 APPLICATION

(a) These conditions shall form part of all contracts for the supply of goods (hereinafter called “the Goods”) by Magee Clothing (hereinafter called “the Company”) to any other person or body corporate (hereinafter called “the Customer”).
(b) All quotations and contracts are subject to the terms and conditions herein.
(c) Any qualifications or variations in the Customer’s order or acceptance of an offer or otherwise shall be excluded unless expressly agreed by the Company in writing by an officer of the Company duly and expressly authorized.
(d) Commencement of any work by the Company or fulfillment of any orders after delivery of these terms by the Company to the Customer shall, in the absence of any written acceptance, be deemed an unconditional acceptance by the Customer of these conditions.

2 LIMITATION OF AUTHORITY

(a) The Company’s servants and agents have no authority orally to vary, modify or waive expressly or impliedly any of these conditions whatsoever or to make any oral or written representation as to their effect, save that an officer of the Company duly and expressly authorized may vary in writing any term contained herein.
(b) The Customer on accepting a quotation by the Company and/or in entering into a contract with the Company on the basis of these conditions is deemed to have acknowledged that he has received and/or relied on:-
(i) no oral representation which might have the effect of over-riding said conditions.
(ii) no oral advice as to the suitability of Goods supplied by the Company for any particular situation or purpose.

3 QUOTATIONS

Quotations by the Company shall not constitute offers by the Company to supply the Goods or carry out work referred to therein and no order placed in response to a quotation will be binding unless accepted by the Company in writing. All such acceptances by the Company are subject to availability of the necessary materials and to the Company being able to obtain any necessary authorization and/or licenses and to the same remaining valid.

4 PAYMENT

(a) All Accounts shall be paid without retention within 30 days of the date of the invoice. Payments are overdue after 60 days from date of invoice. If there is a credit related issue with your account, an automatic message will appear on your B2B page, requesting you to please contact our Accounts Department. You will then be able to submit the order when the credit issue has been resolved.
(b) Notwithstanding (a) above the right to demand payment at any time is reserved.
(c) New accounts are subject to trade references and/or cash with order.
(d) The Customer shall not, without the written agreement of the Company, be entitled to deduct or set off from any money due pursuant hereto any claim for loss or expense alleged to have been incurred by the Customer by reason of any breach or failure to observe the provisions of this or any other contract by the Company and the Customer expressly waives any common law right of set off to which he may be entitled.
(e) Should the Customer default in payment of any sum for whatever reason on the due date, then without prejudice to any other right which the Company may have, the Company may withhold or suspend performance of any contractual obligation to the Customer notwithstanding anything to the contrary herein contained. Without prejudice to the Company’s rights as set out above, all overdue payments and any charges under (f) shall carry interest at the rate of 8% per annum above the UK Clearing Banks base lending rate for the time being and from time to time so long as the Customer’s account shall remain unpaid.
(f) Notwithstanding (e) above, should the Customer default in payment of any sum for whatever reason on the due date then the Company shall be entitled to engage the services of a Credit Control/Debt Recovery Agency (“the Agency”) to assist the Company to recover all overdue payments from the Customer and the Customer shall indemnify the Company for all charges levied by the Agency against the Company for such services.
(g) Notwithstanding (e) and (f) above, should the Customer default in payment of any such for whatever reason on the due date or commit any act of bankruptcy or if any resolution or petition to wind up the Customer’s business shall be passed(other than for the purposes of amalgamation or reconstruction) or if a Receiver of the Customer’s undertaking is appointed, the Company may recover possession of the goods at any time without prejudice to any other provision contained herein.

5 PRICE REVISION

In the absence of any specific provision, the prices to be charged shall be the prices ruling in accordance with the Company’s published price lists at the date of delivery or collection and orders are only accepted on this basis. All prices are subject to change without notice. VAT is added to net prices at the rate applicable at the date of dispatch. Prices are exclusive of freight, carriage, packaging, materials, insurance and any applicable duties.

6 VARIATION AND WITHDRAWAL OF GOODS

The Company reserves the right, without prior notice to the Customer, to vary Goods or components of Goods without affecting their performance or to withdraw Goods and the Customer accepts that in such event the Company shall be under no liability to the Customer in respect of such variation or withdrawal but the rights of a Customer dealing as a consumer are not affected.

7 MEASUREMENTS

Any estimates of quantities or measurements including those given in any quotation by the Company are given without responsibility or guarantee of their accuracy and any additional materials required, whether as a result of the Company’s estimates or otherwise, shall be charged to the Customer at the prices ruling at the date of delivery or collection of the Goods.

8 PRODUCT USAGE

(a) Information regarding weights, measurements, powers, capacities, performance and other data generally relating to the Company products contained in advertisements, catalogues, price lists, illustrations or other similar matter submitted to the Customer by the Company, whilst given in good faith, must be regarded only as approximate and intended to present to the Customer a general guide, the accuracy of which the Customer must test for himself. The Customer shall be deemed to rely upon his own judgement as to the nature and quality of the Company’s products and their suitability for his purpose and not upon any representation made by the Company, its servants or agents either orally or in writing.
(b) Goods invoiced or supplied are not tested or sold as fit for any particular purpose and any term, warranty or condition, express, implied or statutory to the contrary is excluded. In no circumstances whatsoever shall the Company’s liability (in contract, tort or otherwise) to the Customer arising under, out of or in connection with this contract or the Goods supplied hereunder exceed the replacement cost of the particular Goods or section of Goods concerned. All terms (expressed or implied) relating to the quality of the Goods are warranties only, the breach or misrepresentation of which gives no right to reject the Goods or repudiate the contract in any circumstances whatsoever.
© No warranties implied by law shall apply unless the Goods are utilized in accordance with the Company’s recommendations and are used under normal and reasonable conditions.
(d) The Company will not, in any event, be liable for consequential loss, injury or damage or loss or profit or claim for contribution to the Customer’s overheads arising out of any misrepresentation concerning the Company’s products.
(e) The Customer shall duly indemnify the Company against any claim which may be made against the Company by any third party (which expression shall include the servants and agents of the Customer) and which relates in any way whatsoever to any of the Goods at any time after their delivery to the Customer.

9 CUSTOMER’S DESIGNS AND SPECIFICATIONS

(a) Where Goods are supplied to the Customer’s own designs or specifications no warranty or guarantee is given or implied as to their suitability for the purposes for which they are to be used and no liability is accepted by the Company for failure or error in such designs or specifications.
(b) Where the Company has manufactured Goods to the Customer’s order in reliance on the Customer’s designs, specifications or measurements, the Customer shall be liable for the full price of such Goods notwithstanding that they are no longer required following any alteration in such designs and/or specifications and for the full cost of any alterations rendered necessary and/or materials wasted through the inaccuracy or variation of such designs, specifications or measurements.
(d) Any Goods supplied to the Company by the Customer under sub-clause © hereof shall be sufficient quantities to cover normal spoilage incurred by the Company in carrying out the Customer’s order.
(e) All Goods supplied to the Company by the Customer under sub-clause © hereof and any other property of the Customer delivered to the Company by the customer in order to fulfil the Order shall be at the sole risk of the Customer and no claim for damage or loss to such materials or property will be accepted by the Company unless such damage or loss is caused by negligence of the Company, its servants or agents.
(f) Notwithstanding the foregoing, the Company shall have a general lien on all Goods and other property of the Customer in the possession of the Company until monies due by the Customer have been paid to the Company.

10 PROPERTY AND RISK

(a) The risk in the Goods shall pass to the Customer:-
(i) where the Company delivers Goods or causes Goods to be delivered, then as and from their arrival at the point where they are to be unloaded.
(ii) where the Customer collects Goods or causes Goods to be collected then as and from the point where they are collected. When Goods are loaded on to vehicles, loading shall be the responsibility of and at the risk of the Customer.
(b) Notwithstanding the foregoing until payment in full is received by the Company in respect of the Goods and all other goods or products agreed to be sold by the Company to the Customer for which payment is then due in whole or in part, the legal and beneficial ownership in the Goods shall remain with the Company and until then the Goods may be removed by the Company or its agents at any time.
© Until ownership of the Goods passes to the Customer, the Customer shall hold the Goods as the fiduciary agent and bailee of the Company and keep and store the Goods in such a manner that they may be identified as being the property of the Company and the Customer shall insure the Goods with a reputable insurance company in the name of the Company and shall produce a copy of the said policy and proof of payment of the premium when requested by the Company so to do.
(d) The Customer, in entering into a contract with the Company, is deemed to have given his irrevocable authority to the Company or its agents to enter the Customer’s property or property controlled by the Customer for the purpose of removing Goods in accordance with (b) hereof.
(e) The Customer may sell the Goods in the ordinary course of business before payment in full is received by the Company and in such event:-
(i) the Customer shall sell as principal and not as agent for the Company;
(ii) the Customer shall hold that part of the proceeds of sale, which is equal to the price, as trustee for the Company;
(iii) the Customer shall account to the Company for the price payable;
(iv) until such payment the Customer shall retain the price payable in a separate banking account to the Company’s order;
(v) the effect of the foregoing and of this Clause generally is to create a fiduciary relationship between the Company and the Customer and it is hereby accepted and acknowledged by the Customer that in the event of a dispute over any Goods supplied the interpretation of this Clause shall not be brought into question.

11 VARIATION IN FINISH

(a) Claims for defects as to size, colour or texture will not be considered if made after utilization.
(b) Due to the limitations of manufacturing process, minor variations can occur as to the dimensions quoted and no liability or responsibility will attach to the Company in respect thereof.

12 DELIVERIES

(a) The Customer, at his own expense, shall be responsible for the proper unloading (which shall be completed without delay) stacking, storing and production of all Goods and for any cartage necessary after loading.
(b) The Customer, at his own expense, shall be responsible for the stacking, storing and protection of pallets or other device used by the Company to effect delivery and for any loss, damage or breakage to the same during unloading and subsequently until collected by the Company. The Customer shall ensure that collection of pallets or other device may be made from a central point.
© The Customer shall be responsible for obtaining the written confirmation of the Company as to the commencement date for deliveries which, owing to the complexities of the Company’s manufacturing and delivery schedule, shall not be less than 15 days (or in the case where products have to be specially manufactured and/or assembled 30 days) after the date of the Customer’s Order and:-
(i) In the event of such confirmation the Company shall endeavour to deliver promptly but the Company shall not be liable for any consequential loss or damage for delay arising from any delay not exceeding 7 days from the agreed delivery date or:
(ii) In default of such confirmation, delivery by the Company shall be in fair and reasonable time in the circumstances then prevailing.
(d) Delay in delivery shall not entitle the Customer to rescind the contract unless the Customer shall have given to the Company at least 30 clear days’ notice of his intention and within the same period the Company shall not have substantially remedied the delay.
(e) No claim for damage or discrepancy can be considered unless:-
(i) where the damage or discrepancy is visible on inspection, the driver’s Route Sheet is marked accordingly with short written details signed by the Customer or his agent and the claim is made in writing to the Company and the carrier within 3 days of receipt of the Goods;
(ii) where the damage or discrepancy is not visible on inspection, the claim is made in writing within 15 days of receipt of the Goods;
(iii) In the event of non-delivery, immediate notification is made in writing to the Carrier and to the Company if the Goods are not received within 10 days of the date of the invoice and in such event the Company accepts liability only for the supply of replacement Goods and no consequential liability shall be accepted provided that the damage or discrepancy is replaced or made good by the Company in fair or reasonable time after notification, having regard to the circumstances then prevailing and the nature of the damage or discrepancy. The Customer shall preserve in safe storage any materials alleged to be damaged or defective, pending disposal instructions from the Company.
(f) If the Customer fails to take delivery, then without prejudice to its other rights, the Goods may be held by the Company free of charge for a period not exceeding 8 weeks and thereafter storage expenses shall be payable by the Customer.
(g) Any orders under €500 or £500 will incur courier charges. Courier charges vary per region and weight.

13 INSTALMENTS

If any order for Goods is to be delivered by two or more instalments, such instalment shall be treated as a separate contract and the rights of the parties hereto shall be construed accordingly.

14 CANCELLATION

Cancellation or variation of orders by the Customer shall entitle the Company to reimbursement for all costs, expenses and loss incurred by the Company.

15 DAYS

In these conditions, “days” shall mean “normal working days, excluding Sundays and Bank and public holidays”.

16 FORCE MAJEURE

The Company shall not be liable for any loss or damage caused by the non-performance or by delay in the performance of any of its obligations to the Customer due to Act of God, war, civil disturbance, Government action, strike, lock-out or trade dispute (whether involving its own employees or those of any other person), difficulties in obtaining materials, breakdown in machinery, fire or accident or any other cause whatsoever beyond the control of the Company. Should any such event occur the Company reserves the right to cancel or suspend the contract with the Customer without incurring any liability for any loss or damage thereby occasioned.

17 LAWS

(a) The Customer shall ensure that the use to which the Company’s Goods or property are to be put including without limitation any work done in accordance with the Customer’s specifications or other requirements does not contravene or infringe any local or national laws, bye-laws or regulations or copyright, patents, registered designs or other right in industrial property or other consents for the time being in force and will indemnify the Company against any claims, costs and expenses arising out of any such contravention or infringement.
(b) The contract as between the Company and the Customer shall be governed by and interpreted in accordance with the laws of Northern Ireland.

18 WAIVER

No Waiver by the Company of any breach by the Customer of any of the provisions hereof shall be considered as a waiver of any subsequent breach of the same or any other provision.

19 SEVERANCE

If any of the provisions contained herein is held by any competent authority to be invalid or unenforceable in whole or in part the remainder of such provision and of all other provisions contained herein shall be nonetheless deemed valid and subsisting.