Terms and Conditions of Sale
The terms and conditions established by Mycle are believed to be fair and equitable, and conform to current commercial and legal requirements. The detailed Terms & Conditions included herein replace all previous Terms & Conditions issued by Mycle Ltd & come into effect immediately. These terms apply to all goods ordered via Mycle. It is recommended that all customers review them prior to placing an order
Ordering From Mycle:
Our aim is to make ordering as simple and efficient as possible. We require you to place your own customer orders via the trade account at www.mycle.co.uk. You will need to log into your account to see your trade specific pricing and further account details. It is your responsibility to ensure that the person making the order has the authority to purchase using your account.
Mycle website: www.mycle.co.uk
Trade Customer Care Contact Email: email@example.com
Trade Customer Care Contact Number: 01305 237329 (Mon- Fri 9.00am - 5.00pm)
Business Address: F.A.O. Mycle, Unit 8, Babdown Airfield Industrial Estate, Tetbury, Gloucestershire, GL8 8GQ
PRICE. Unless otherwise stated, Retail prices provided are inclusive of VAT. Any agreed trade discount will already be applied to these retail prices on our trade portal. For the avoidance of doubt and for invoicing purposes, sales will be shown net of VAT and this shall be added to the price at the applicable rate. Mycle may adjust its future prices at any time effective immediately. In its sole discretion, Mycle reserves the right to discontinue, for a time or permanently, its sales of any products, particular sizes or specifications without prior notice to the customer.
ORDERS. All orders will be processed at time of receipt. All goods available in stock will be despatched if your account is operating within payment terms & credit limit at the point of processing. Mycle will invoice customers on the order date with payment terms outlined in the invoice. After such a time the order must be paid for. Any stock held under sale or return remains the property of Mycle Ltd until such a time it has been invoiced and paid for. Mycle reserves the right to conduct spot checks at Customer locations to confirm levels of stock being held under sale or return.
CREDIT LIMIT. Mycle reserves the right to set credit limits on the Customer’s account and to review and impose new credit limits at regular intervals. The customers credit limit will be shown on its trade account. Once the credit limit has been reached, outstanding invoices must be settled before further orders can be placed. Mycle reserves the right to reclaim stock on invoices which are not settled in a reasonable time period.
PAYMENT. Unless otherwise agreed in writing the Customer shall make payment for the products in Pounds Sterling on the payment terms outlined in the invoice. Invoices will be raised soon after notification of sale has been made via email. Mycle reserves the right to charge interest at the rate of 2-1/2% per month on overdue accounts exceeding the payment terms unless otherwise agreed in writing.
DELIVERY. Unless otherwise agreed, delivery of the products within the UK will be shipped according to the terms set out on the order form (including costs) in force at the date of order to the address specified in the Customer’s order either by Mycle or any third party carrier nominated by Mycle, and by any method of transportation regarded as suitable by Mycle at its sole discretion. An agreed shipping fee will be applied to all orders as outlined on the trade portal. Orders under the value of £500 will be subject to standard shipping fee of £6.99.
If the Customer refuses or fails to take delivery of the products on the date of delivery, Mycle shall be entitled at its discretion to store the products at the risk of the Customer and the Customer shall pay all costs and expenses of such storage and any additional cost of carriage. In the event of inability for any reason to supply the total demands of the Customer for the products specified, or in the event of product shortages, Mycle may distribute its available supply among any or all of its customers on such basis as it may deem practical, without liability for any failure of performance which may result therefrom.
All products must be inspected by the Customer immediately on delivery. If any products are damaged or lost or not delivered, the Customer must endorse the delivery note accordingly and notify Mycle within 3 days of delivery of the products. Failure to do so will result in liability sitting with the customer.
RISK. The risk of loss or damage to the products shall pass to the Customer upon delivery of the products to the address specified in the Customer’s order.
TITLE. Mycle shall retain title to and ownership of the products until it has received payment in full of all sums due for all products supplied to the Customer. If payments received from the Customer are not stated to refer to a particular invoice, Mycle may appropriate such payments to any outstanding invoice. Until payment of the purchase price in respect of any products, the Customer shall be bailee of such products for Mycle and such products shall be stored and maintained appropriately.
If the Customer fails to make any payment to Mycle when due, compounds with its creditors, executes an assignment for the benefit of its creditors, has a bankruptcy order made against it or, being a company, enters into voluntary or compulsory liquidation or has an administrator or administrative receiver or receiver appointed over all or any part of its assets or takes any similar action in consequence of debt or becomes insolvent or if Mycle has reasonable cause to believe that any of these events is likely to occur Mycle shall have the right, without prejudice to any other remedies: (a) to enter without prior notice any premises where products owned by Mycle may be and to repossess and dispose of any products owned by it so as to discharge any sums owed to Mycle by the Customer under this or any other contract: (b) to require the Customer not to re-sell or part with possession of any products under this earlier contract; and (c) to suspend or cancel any uncompleted part of the contract and withhold delivery of any undelivered products and stop any products in transit to the Customer.
FORCE MAJEURE. No liability shall result from delay in performance, or non-performance, caused by circumstances beyond the control of Mycle, including but not limited to, acts of God, fire, flood, war, government action, accident, labour trouble or inability to obtain material, equipment or transportation.
DAMAGES. Mycle shall not under any circumstances be liable or in any way held responsible for any special, indirect or consequential damages arising out of products sold or information and advice provided.
ASSIGNABILITY. The rights and duties under this Agreement are not assignable without prior written consent from Mycle.
PROPRIETARY RIGHTS. The sale of the products by Mycle to the Customer does not confer any right or license upon the Customer to use or exploit in any way any intellectual property rights subsisting in or relating to the product of which Mycle is the proprietor or to which Mycle is otherwise entitled.
WAIVER. The failure of Mycle to insist upon the strict performance of any of the terms and conditions of the contract shall not be construed as a waiver of any such term of condition and shall in no way affect Mycle’s right to enforce such provision later.
SEVERABILITY. If any of the terms and conditions of the contract shall be found to be invalid, ineffective or unenforceable, the invalidity, ineffectiveness or enforceability of such term or condition shall not affect any other term or condition and all other terms and conditions shall remain in full force and effect.
GOVERNING LAW. The construction, validity and performance of the contract shall be governed by English law and by entering the contract the parties submit to the authority of the English courts.