1        The terms "the Company" referred to in the following conditions means "M H Industrial Ltd." and "the Customer" means the person, Corporation, Organisation or Company contracting with M H Industrial Ltd.

2        Any date given by the Company for completion of Contract is given and intended as an estimate only and is not to be of the essence of the Contract. The Customer shall nevertheless, be bound to accept the goods ordered when available. The Company shall not be liable in any way, in respect of the late despatch, delivery or completion of work, however caused, nor shall such lateness be deemed to be a breach of the Contract.

3        Except where agreed in writing, the prices quoted are based on the present cost of materials, labour and transport and the acceptance of any order against quotation shall be conditional upon:

          (a) The Contract price being increased consequent on the nett increase in cost effected by any alteration or amendment in both material or labour    
occurring during the period between the date of the Tender and the date of the completion of the Contract in:

               (i)      Wages and working conditions arising out of any award or agreement sanctioned by any appropriate authority whether the cost of such wages
               and working conditions is charged in our cost accounts as direct cost or as on-cost, and in the amount of the premium payable in respect of the
               necessary insurance involved arising our of any alterations in wages as aforesaid.         

               (ii)     Cost of materials and

               (iii)    Cost of transport

               (iv)    All prices are those ruling on date of despatch of goods or materials.

          (b) A suitable adjustment in the Contract price being made should the Customer require the work to be carried out other than in normal working hours.

          (c) The Company shall not be responsible for any inaccuracy in customers orders. All order must be in writing.

4        All descriptive and forwarding specifications, drawings and particulars of weights and dimensions submitted with our Tender are approximate only.

5        Orders are only accepted when an Acknowledgement Document is sent by the Company and this document forms the basis of the contract and will be referred to in all cases. It is the responsibility of the Customer to check that the Acknowledgement Document correctly interprets his requirements and to immediately inform the Company of any inaccuracies.

6        (a)     All credit accounts are granted subject to the approval of the Company of trade and bank references. Where the Customer does not have a credit account, all amounts charged by the Company are strictly nett and payable in stages before goods are despatched from the factory.

          (b)     Where a credit account has been approved by the Company, all amounts charged by the Company are strictly nett and are due for payment 30 days after the date of the Company's invoice. For contracts or orders exceeding £1,000 in value, the Company reserves the right to call for payment by installments comprising interim progress payment and final payment. Alternatively, the Company may request an advance payment with the order against a pro-forma invoice. Interest at 1.5% per month shall be paid on all overdue accounts. Where the Customer defaults on payment, the Company reserved the right to charge them additional debt collection or legal expenses incurred by the Company.

7        (a)     Responsibility for all risks shall pass to the Customer when the goods or relevant part thereof leave the premises of the Company for delivery to the Customer, notwithstanding that the Company may arrange for delivery.

          (b)     Title in the Goods or any part thereof shall pass to the Customer when payment has been made or when the Company serves written notice upon the Customer specifying that title in the goods or such part thereof has passed which ever shall be the earlier in time and the Customer shall permit any officer, employee, representative or agent of the Company to enter onto the Customer's premises and to repossess the goods at any time prior thereto. The Company shall be entitled to repossess or trace the goods of the proceeds of sale in the hand of the Customer or any other party to which the goods may have been passed including any Liquidator or Receiver.

          (c)     The Customer shall only be at liberty to sell the goods purchased from the Company prior to the passing of title on the undertaking that if the Customer does sell the goods then the Customer will hold as security for the payment to the Company of the whole of the purchase price of the goods payable under this contract so much of the proceeds of sale received by the Customer under contracts which include any of the goods in either the original or altered state as are necessary to discharge payment in full to the Company of the said purchase price.

8                  In case of Contracts involving installation, it is understood that goods and materials will be unloaded, stacked and stored al the Customer's risk.

9        (a)     Damage in transit, or shortages, are to be notified to the Company and the Carriers within three days. Non-receipt of goods must be notified to the Company and the Carriers with fourteen days of the date of the Company's invoice. Claims will be void if notifications are not made within these periods.

          (b)     In the event of a request to delay delivery, the Company will invoice the goods on the originally agreed delivery date and reserves the right to charge for storage.

          (c)     The Company accepts no liability of any sort for any damage to equipment caused by unloading or installing the equipment.

10               Unless otherwise stated in the Tender, it is assumed that:

          (a)     The site is accessible, clear, level and dry before the arrival of our Installers

          (b)     The electricity supply is available for light and power tools

          (c)     Sufficient working space be allocated to ensure maximum output, sufficient storage space is provided free of charge for our immediate use on or adjacent to the site plant and all materials, and all materials are on the site before the arrival of the Installers.

          (d)     The men are given every facility to complete the work without undue hindrance

          (e)     Where dust is a problem, the Company is not responsible for the washing or wiping down of racking

          (f)      There is sufficient labour to offload the vehicle immediately.

          The Company reserves the right to charge extra should these conditions not be adhered to.

11     Where other Contractors are also involved, it is assumed that their programmes will be such as to permit our work to be carried out with continuity at the site. Should it be subject to delays or required to make a return visit to the site, this will involve additional cost which will be invoiced to the Customer.

12     The Company provides Product Instructions. Where the Customer erects or installs the Company's product, it is the responsibility of the Customer to ensure, so far as it is practicable, that nothing about the way in which it is erected or installed makes it unsafe or a risk to health when properly used.

13     The Company shall not be liable for the cost of rectifying or putting right discrepancies, faulty or improper assembly, where the Customer carries out his own installation or maintenance work unless authorised by the Company in writing.

14     The Company shall not be liable for any consequential losses, however caused, and/or damage to property or persons.

15     The Company reserves the right to change and improve the design of some or all of the component parts of its products and undertakes that any such changes will not adversely affect performance for the purpose for which it is designed.

16     Copyright. All estimated, drawings, designs, plans or models prepared by the Company for the Customer's information remain the property of the Company and are copyright. They must not in whole, or in part, be submitted to or copied or otherwise made use of by any other party without the Company's prior written permission.

17     Arbitration. In regard to matters not covered by these conditions, any dispute to be subject to English Law. If any dispute or difference shall arise between the Customer and the Company in relation to, or in connection with the Contract, the same shall be referred to Arbitration in accordance with the Arbitration Act 1950 with subsequent amendments, before two persons - one to be appointed by the Customer and one by the Company.

18     Cancellation will only be accepted by the Company on condition that all costs and expenses incurred by the Company up to the time of cancellation, and all loss of profits and other loss or damage resulting to the Company by reason of such cancellation, will be reimbursed by the Customer to the Company forthwith. The Company will not accept returned goods under any circumstances.

19     The acceptance of any Tender includes the acceptance of these terms and conditions. The Company shall not be bound by any conditions contained in a customer's order form if they are inconsistent with the foregoing terms and conditions, and where there is any conflict between the customer's conditions of purchase and these terms and conditions of sale, then these terms and conditions shall prevail. Any special terms and conditions must be brought to the Company's notice, including any matter not covered by our terms and conditions of sale and agreed by the Company before the Contract is entered into.