Mountfills

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Terms and Conditions

Standard Terms and Conditions of Sale and Supply

  1. DEFINITIONS
    “Company” means Mount Filling Systems Ltd. “Customer” means the person or organisation placing the order. “Goods” means machinery, spare parts, components and equipment supplied by the Company. “Services” means installation, commissioning, maintenance, breakdown support, remote diagnostics, upgrades and consultancy. “Software” means PLC code, HMI software, drawings, documentation and digital assets. “Contract” means the agreement formed by the Order Acknowledgement, quotation and these Conditions. “Contract Price” means the price stated in the quotation or Order Acknowledgement.

     

  2. CONTRACT FORMATION
    A Contract exists only when the Company issues a written Order Acknowledgement. The Customer must notify discrepancies within 48 hours. This Contract constitutes the entire agreement between the parties. No third party shall have rights to enforce this Contract.

     

  3. QUOTATIONS
    Quotations remain valid for 14 days unless withdrawn earlier.

     

  4. PRICE ADJUSTMENTS
    Prices may be adjusted prior to delivery where increases occur in materials, labour, freight, duties, exchange rates or energy costs beyond the Company’s control.

     

  5. PAYMENT TERMS AND CREDIT CONTROL TIME SHALL BE OF THE ESSENCE.
    Production or Services will not commence until payments are received. Company may suspend work, delivery, Services and software access for non‑payment. Storage charges may apply for completed Goods not collected within 7 days. Interest accrues at 4% above Bank of England base rate. Statutory late payment compensation applies. No right of set‑off. If payment overdue by 7 days or insolvency occurs, Company may terminate all contracts and declare all sums immediately due.

     

  6. DELIVERY
    Delivery dates are estimates only and not of the essence. Risk transfers when Goods are ready for dispatch if collection delayed. Storage charges apply after 7 days.

     

  7. PACKING AND SHIPPING
    Goods supplied Ex Works unless agreed. Packing and crating may be charged. Customer responsible for freight, insurance, duties and taxes.

     

  8. TRANSPORTATION UK
    Deliveries may be arranged and charged. Export freight arranged at Customer cost unless agreed.

     

  9. INSPECTION AND CLAIMS
    Goods must be inspected immediately and shortages reported within 3 days.

     

  10. ACCEPTANCE TESTING
    Equipment deemed accepted when signed off, used in production or 7 days pass without rejection. Repeat FAT/SAT visits caused by Customer issues are chargeable.

     

  11. PERFORMANCE AND UTILITIES
    Performance depends on correct utilities, materials and trained operators. Customer responsible for air, power, product and packaging specifications.

     

  12. CUSTOMER RESPONSIBILITIES
    Customer must provide safe environment, access, lifting equipment and trained staff. Delays caused by Customer are chargeable.

     

  13. INSTALLATION & COMMISSIONING

    Installation includes connection up to machine isolator only. Travel and subsistence chargeable plus admin fee.

     

  14. SERVICE & MAINTENANCE
    Service visits chargeable including travel. Cancellation within 5 working days chargeable. Aborted visits chargeable. Remote support chargeable.

     

  15. SPARE PARTS
    Availability subject to supplier availability and obsolescence.

     

  16. WARRANTY
    12‑month warranty against manufacturing defects only. Excludes consumables and wear parts including seals, O‑rings, belts, hoses, filters, gaskets, blades and knives. Remedy limited to repair or replacement.

     

  17. INTELLECTUAL PROPERTY & CONFIDENTIALITY
    All drawings, designs and Software remain Company property. No copying or reverse engineering permitted. Customer shall keep confidential all technical and commercial information.

     

  18. SOFTWARE & CYBERSECURITY
     Software licensed not sold. Customer responsible for network and cybersecurity. Company not liable for cyber incidents via remote access.

     

  19. EXPORT & COMPLIANCE
    Customer responsible for duties, taxes, withholding taxes and compliance with export laws. Payments must be grossed‑up where withholding taxes apply.

     

  20. FORCE MAJEURE
    Company not liable for delays caused by events beyond control including pandemics, war, sanctions, supply shortages and transport disruption.

     

  21. LIMITATION OF LIABILITY
    The Company’s total liability arising out of or in connection with the Contract, whether in contract, tort (including negligence) or otherwise, shall be limited to the lower of:

    • The Contract Price; or
    • The Company’s current level of insurance cover.

    The Company shall not be liable for loss of production, loss of profit, loss of business or business interruption.

     

  22. CONSEQUENTIAL LOSS
    Company not liable for indirect or consequential losses.

     

  23. SUBCONTRACTORS
    Company may use subcontractors.

     

  24. HEALTH & SAFETY
    Customer responsible for site safety and compliance.

     

  25. CANCELLATION
    Customer cancellation subject to recovery of costs and lost profit.

     

  26. TAXES, DUTIES AND VAT
    Prices exclude VAT. Customer responsible for all import duties, taxes and withholding taxes.

     

  27. DATA PROTECTION
    Company will process personal data in accordance with UK GDPR.

     

  28. OWNERSHIP (RETENTION OF TITLE)
     Title does not pass until all sums owed are paid in full. Customer holds Goods as fiduciary agent and must insure and identify them. Company may repossess unpaid Goods.

     

  29. GOVERNING LAW
    English law applies and courts of England have jurisdiction.

     

  30. END