Version 2.1
These Terms and Conditions apply to all quotations, orders and contracts for the sale of goods and services by M. Buttkereit Ltd. unless otherwise agreed in writing.
1. Definitions
- Buyer means the person or organisation purchasing Goods or Services.
- Company means M. Buttkereit Ltd.
- Goods means all equipment, machinery, fabricated items, spare parts or other products
supplied. - Services means any engineering, design, installation, commissioning, maintenance or
related services. - Contract means the agreement incorporating these Terms.
2. Basis of Contract
Quotations are invitations to treat and are not binding. A Contract is formed only when the
Company issues a written order acknowledgement. These Terms apply to the exclusion of
any terms proposed by the Buyer unless agreed in writing.
3. Quotations
Unless stated otherwise, quotations remain valid for 30 days. Prices exclude VAT and
exclude delivery, installation and commissioning unless specifically stated.
4. Prices
The Company reserves the right to adjust prices before delivery where increases occur in
labour, material, freight, exchange rates, duties, taxes or energy costs.
5. Payment
Invoices are payable within 30 days of invoice date unless otherwise agreed. Late payments
may incur statutory interest and reasonable recovery costs. The Company may suspend
deliveries while sums remain outstanding. No set-off or deduction is permitted except
where required by law.
6. Delivery
Delivery dates are estimates only and time shall not be of the essence. Partial deliveries may
be made. The Company shall not be liable for delays outside its reasonable control or
caused by the Buyer.
7. Risk
Risk passes on delivery or collection. If dispatch is delayed by the Buyer, risk and storage
charges pass when the Goods are ready for dispatch.
8. Retention of Title
Ownership remains with the Company until all sums due have been paid in full. Until then,
the Buyer shall store and identify the Goods separately and keep them insured. The
Company may enter premises to recover unpaid Goods where legally entitled.
9. Inspection and Acceptance
The Buyer shall inspect Goods on delivery and notify visible defects within 7 days. Failure to
do so constitutes acceptance. Hidden defects must be notified promptly after discovery.
10. Warranty
The Company warrants Goods against defects in materials and workmanship for 12 months
from delivery or 18 months from dispatch, whichever occurs first. The warranty excludes
fair wear and tear, misuse, unauthorised modifications and improper installation. Remedies
are limited to repair or replacement.
11. Limitation of Liability
Nothing excludes liability for death or personal injury caused by negligence, fraud or any
liability that cannot legally be excluded. Subject to this, the Company's total liability shall
not exceed the contract value and it shall not be liable for indirect or consequential loss, loss
of profit, production downtime, goodwill or business interruption.
12. Intellectual Property
All drawings, software, designs, calculations and technical documentation remain the
intellectual property of the Company unless otherwise agreed in writing.
13. Confidentiality
Each party shall keep confidential all commercial and technical information obtained during
the Contract.
14. Force Majeure
Neither party shall be liable for delays caused by events beyond reasonable control,
including natural disasters, strikes, pandemics, war, government action, shortages or
transport disruption.
15. Cancellation
Orders for bespoke Goods may only be cancelled with the Company's written agreement.
The Buyer shall pay for work completed, materials purchased and other reasonable costs
incurred.
16. Insolvency
The Company may suspend or terminate the Contract if the Buyer becomes insolvent or
unable to pay its debts.
17. Compliance
The Buyer shall comply with all applicable laws including health and safety, export control,
anti-bribery and environmental legislation.
18. Data Protection
Both parties shall comply with applicable UK data protection legislation.
19. Notices
Formal notices shall be given in writing by email or recorded delivery.
20. Governing Law
These Terms are governed by the laws of England and Wales and the courts of England and
Wales shall have exclusive jurisdiction.
