Terms and Conditions

Macavis Group Limited

Last Updated: December 18, 2024

Agreement

It is agreed as follows:

Between: 'Macavis Group Limited'
includes (Macavis Building Supplies Ltd/Macavis Construction and Plant Hire Limited/Macavis Builders Merchants Limited/Macavis Design and Development Limited)

And: The 'Buyer' - (person/company) named on account application

1. Application of Terms

1.1 Subject to any variation under condition 1.2, the contract shall be on these conditions to the exclusion of all other terms and conditions (including any terms or conditions which the buyer purports to apply under any purchase order, confirmation of order, delivery note or other any document).

1.2 These conditions apply to all Macavis Group Limited sales and any variation to these conditions and any representations about the goods have no effect unless expressly agreed in writing and signed by a representative of Macavis Group Limited.

1.3 An order placed by the Buyer shall be accepted by Macavis Group Limited at our discretion by effecting delivery in accordance with condition 3, written or verbal acknowledgement. At which point a contract between the Macavis Group Limited and the Buyer shall come into existence, forming a 'contract'.

1.4 No contract will come into existence until Macavis Group Limited effects delivery / goods are taken off site. Quotations are valid for 30 days from date of quotation.

1.5 All purchase orders received from the Buyer must reflect Macavis Group Limited current pricing, or agreed pricing in writing from an authorised member of staff. If the Buyers purchase order does not tally with Macavis Group Limited prices, you shall be liable to pay the amount that is invoiced at the time pre-set on the system.

1.6 Each purchase order that is received is divisible. Each delivery made hereunder:

• (i) Shall be deemed to arise from a separate contract, and
• (ii) Shall be invoiced separately and any invoice for a delivery shall be payable in full in accordance with the terms of payment in 8.5 provided for herein without reference to and notwithstanding any defect or default in the delivery of any other instalment.

1.7 Any clerical error on any sales literature, quotation, price list or other documents issued by Macavis Group Limited may be corrected without liability on our part.

1.8 If a sale is made to a consumer (as defined under the Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contract Regulations 1999), then any provision in these Terms and Conditions that would not apply to a consumer shall be deemed to have no effect against a consumer.

2. Description

2.1 The description and quantity of the goods will be set out on Macavis Group Limited invoices and delivery notes. Waste transfer tickets will have the description of waste and the quantity will be entered once vehicles have returned to our premises to be weighed - unless booked as full loads.

2.2 Drawings, descriptive matter and advertising material issued by Macavis Group Limited are published for the sole purpose of giving an approximate idea of the material.

3. Delivery

3.1 Macavis Group Limited shall notify the Buyer when the goods are available to collect or confirm when they can be delivered to site. Where Macavis Group Limited agrees to deliver goods to the Buyer, this will be agreed once a full delivery address has been provided. Deliveries will be made to the nearest point on a road that is suitable. If deliveries are required off the highway, the suppliers driver will assess whether this can be done safely and without risk of damage to either property or the vehicle. If the driver considers that this is not the case, the Buyer will be notified and alternative arrangements discussed.

3.2 If materials are ordered to be delivered to a construction job site, the Buyer assumes liability for the materials at the time of delivery whether or not buyer's representative is on hand to acknowledge receipt of delivery. Buyer agrees to pay standard delivery charges as billed.

3.3 Macavis Group Limited shall endeavour to comply with dates and times quoted for delivery, but shall not be liable for any delay in delivery causes by reasons beyond our control. Time for delivery shall not be of the essence under the Contract, unless previously agreed by Macavis Group Limited in writing.

3.4 The Buyer will endeavour to take receipt of the goods/services that are being provided by Macavis Group Limited at the time of vehicle arriving to site - any delays to access shall be subject to waiting time charges by increments of 5 minutes.

3.5 Where goods/services are to be delivered/carried out in instalments, each instalment shall constitute a separate contract. Failure by the supplier to deliver any one or more of the instalments 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.

3.6 Under no circumstances shall Macavis Group Limited be liable to the Buyer for loss of profits or any consequential loss whatsoever if the Seller fails to deliver the goods or provide the service.

3.7 Macavis Group Limited will not accept responsibility for damage caused by our vehicles whilst delivering or collecting from the buyers site.

4. Risk/Title

4.1 From the time of delivery, the goods are at the risk of the Buyer and the Buyer shall have adequate insurance against such risk.

4.2 Until Macavis Group Limited has received payment in full for the goods/service the ownership will not pass to the Buyer but remains the property of Macavis Group Limited.

4.3 The 'Buyers' right to possession of the goods shall terminate immediately if the Buyer has a bankruptcy order made against them, enters (voluntary or compulsory) liquidation, makes an arrangement or composition with their creditors or has a receiver, administrative receiver or administrator appointed.

4.4 Macavis Group Limited is entitled to recover payment for goods/services notwithstanding that ownership has not passed.

4.5 The Buyer grants Macavis Group Limited, its agents and employees an irrevocable licence at any time to enter any premises where the goods are or may be stored to inspect them or where the buyer's right to possession has terminated, to recover them.

5. Liability

5.1 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, hereby excluded.

5.2 Goods are not sold as fit for any particular purposes or with any lifecycle terms. Goods manufactured to the design or specification of the Buyer or their experts carry no undertaking of any kind, except of compliance with design or specification.

5.3 Unless in writing, on consignment or delivery paperwork, Macavis Group Limited shall be under no liability for damages in transit, deviation, misdelivery, shortages, delay or detention after termination of transit.

5.4 Nothing in these conditions limits or excludes the liability of the supplier Macavis Group Limited for:

• (a) death or personal injury caused by the sellers negligence;
• (b) under section 2(3), Consumer Protection Act 1987;
• (c) for any matter which it would be illegal for the Supplier to exclude or attempt to exclude its liability; or
• (d) for fraud or fraudulent misrepresentation.

5.5 Macavis Group Limited shall not be liable to the Buyer for loss or profit, loss of business or depletion of goodwill in each case whether indirect, direct, consequential or any claims for consequential compensation, howsoever caused, which arise in or out of connection with the contract.

6. Claims

Any claim arising with this contract out of, or in connection with - must be given to Macavis Group Limited, in writing within 7 days of the date of collection/delivery undertaken.

7. Force Majeure

Macavis Group Limited reserves the right to defer the delivery date or to cancel the contract, reduce the volume of goods ordered by the Buyer (without liability to either parties) if it is delayed or prevented from carrying on its business due to circumstances beyond reasonable control. Including, without limitation; Acts of God, war, national emergency, government actions, acts of terrorism, flood, fire, lock-outs, strikes or other labour disputes (relating to either party's workforce).

8. Price of Goods/Services and Payment

8.1 Pricing of goods and any variation under the contract will be agreed by Macavis Group Limited and the Buyer in writing. If a purchase order is sent with the incorrect pricing - this will be addressed in writing and no delivery will be actioned until it is updated and acknowledged by Macavis Group Limited.

8.2 Unless otherwise in writing, Macavis Group Limited shall be entitled to invoice the Buyer for the price of goods on or at time of delivery/collection/service undertaken.

8.3 Macavis Group Limited reserves the right to increase pricing of goods due to any changes and delays due to contract changes caused by actions, defaults and requests by the Buyer, or by virtue of an event out of Macavis Group Limited control. The Buyer will have the right to cancel the contract, documented in writing within three (3) working days (except for goods specifically manufactured to the Buyers specification) of being notified of the price increase.

8.4 All prices are exclusive of VAT where applicable.

8.5 The buyer assumes full responsibility for all materials purchased from Macavis Group Limited. Buyer agrees to be personally liable for all charges and individually guarantees payment of all charges and invoices promptly. Buyer agrees to notify Macavis Group Ltd of any queries within 7 days in writing in receipt of invoice. Failure to notify Macavis Group Limited signifies total acceptance and responsibility for payment by the last working day of the following month.

8.6 Buyer agrees with seller Macavis Group Limited to pay for all purchases by the last working day of the following month.

8.7 Charges billed, but not paid by the 7th day after the last working day of the following month will be considered delinquent and subject to finance charges.

8.8 The seller, Macavis Group Limited will suspend credit facilities if charges billed, are not paid by the 7th day after the last working day of the following month, trade over the agreed credit limit and can withdraw credit facilities at any time if terms and conditions are not adhered to.

8.9 Macavis Group Limited may, without prejudice, be entitled to cancel the contract or suspend any further deliveries under contract without any liability to the Buyer and if the goods have been delivered, but not paid for, the price shall become payable immediately notwithstanding any previous agreement or arrangement if the Buyer becomes insolvent or unable to pay its debts.

9. Plant Hire

9.1 All equipment on hire from Macavis Group Limited is to be returned in the same condition that it is received in including, but not limited to, fuel, oil and attachments.

9.2 Any damage made to equipment will be chargeable to the client. Any deposit paid (if applicable) will be withheld towards the cost of any repairs and any additional costs incurred will be charged accordingly.

9.3 All equipment is to be returned/ready for collection on time. Unauthorized late return will incur additional day/week hire fees.

9.4 All equipment must be kept and returned in a clean condition. Any equipment requiring cleaning on return will be charged a cleaning fee accordingly.

9.5 The full cost of repairs for all and any damage caused to equipment supplied by Macavis Group Limited as a result of incorrect use by the operator, or misuse by the hirer, will be charged to the hirer.

9.6 The hirer will also be liable for any loss of income that Macavis Group Limited may suffer as a result of machine downtime resulting from any necessary repair works which is required as a direct result of damage caused by the hirer.

9.7 It is the responsibility of the hirer to adequately maintain the machine whilst in their possession including, but not limited to, checking hydraulic oil, engine oil, grease, water and fluid levels.

9.8 It is the responsibility of the hirer to pay the full cost of any repairs/replacement of damaged tyres, eg punctures, including a call out charge and procurement time.

9.9 It is the responsibility of the hirer to re-fuel the plant and machinery to its original levels when delivered/collected. Any fuel surplus will be charged out at the prevailing fuel rate plus an administrative fee.

10. General

10.1 The parties to the contract do not intend that any term of contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.

10.2 This contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English Law, and the parties submit to the exclusive jurisdiction of the English Courts.

10.3 The Buyer shall not be entitled to withhold or set off payment of any amount due to the Supplier under the terms of this contract whether in respect of any claims of the Buyer in respect of faulty or defective goods or for any other reason which is contested or liability for which is not admitted by Macavis Group Limited.

Contact Information

Macavis Group Limited
Castle View
Holmestone Road
Dover
Kent
CT17 0UG

Phone: 01304 840 585
Email: accounts@macavis.co.uk

By placing an order with Macavis Group Limited, you agree to be bound by these Terms and Conditions.

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