To make sure that you receive the correct item and that you are satisfied with your chosen mat product, we would like to remind you of our terms and conditions.
This website is intended for use as a source of general information only.
By using this website, you agree to these Terms and Conditions of Use.
Purple Mustard Limited do not make any representation with regard to the suitability of any information contained on this site for any particular purpose.
If you do not accept these Terms and Conditions of Use and do not intend to be bound by them you must not use this website and should exit it immediately.
All website design, text, graphics, the selection and arrangement thereof, software compilations, underlying source code, software and all other material on this website are subject to copyright which is either owned by Purple Mustard Limited or used under licence from third party copyright owners.
Materials contained on this site may be downloaded to a single personal computer and hard copy portions may be printed but in each case solely for your own internal use.
Except as specifically provided, no part of this website may be reproduced or transmitted, in any form, for any other purpose.
Under no circumstances shall the use of this website grant to any user any interest in any intellectual property rights of Purple Mustard Limited whatsoever.
You must not, nor must you allow any other person to reproduce, publish, transmit, circulate, distribute, copy, alter, add to, delete, remove or tamper with this website or any part of it or indirectly disrupt or interfere (or attempt to disrupt or interfere) with or alter this website, other than in the course of viewing or using this website in accordance with these Terms and Conditions of Use.
Any aspect of this website including the information contained herein may be altered, deleted, adapted or in any other way amended at any time and without notice by Purple Mustard Limited.
These Terms and Conditions may change from time to time and those changes will be posted on this website for your information.
You are advised to review this page on a regular basis.
If you continue to use the site after any such amendments have been made then you will be deemed to accept those amendments and accordingly will be bound by them.
Purple Mustard Limited reserves the right to charge for any or all of the information supplied on this website at any time in the future.
Users will be informed on this site if Purple Mustard Limited imposes any such charges.
This website contains links to other websites which may be of interest.
These links are provided for your convenience only and Mural Imaging Limited has no control over and does not endorse nor is in any way responsible for the content of such sites.
If you wish to provide a linked internet website to the Purple Mustard Limited site you must seek the prior written approval of Purple Mustard Limited.
Purple Mustard Limited is providing this website on an "as is" basis and to the fullest extent permitted by law makes no (and expressly excludes all) representations (except for fraudulent misrepresentation) and warranties of any kind with respect to this website and its contents including, without limitation, warranties as to quality and fitness for purpose.
Purple Mustard Limited does not represent or warrant that the information accessible via this website, is accurate, complete or current nor that this website will meet particular requirements, be available, accessible, uninterrupted, timely, secure or operate without error or that it will be free from viruses or other harmful elements.
Except as specifically stated on this website, to the fullest extent permitted at law, neither the Company nor any of its affiliates, directors, employees or other representatives, will be liable (whether under contract, tort, statute or otherwise howsoever arising) for any damages, losses, costs, claims, liabilities or expenses arising out of or in connection with the use of this website.
This limitation of liability shall apply to all damages, losses, costs, claims, liabilities and expenses of any kind whether direct or indirect and consequential, including (but without limitation) legal costs or expenses, direct loss of profit, direct loss of anticipated savings, loss of data, indirect loss of profit, indirect loss of anticipated savings, loss of revenue, loss of business, loss of use of money, loss of opportunity or loss of or damage to property and/or any wasted expenditure and third party claims.
For the avoidance of doubt the losses as listed in this Clause are intended to be severable.
Nothing in this agreement shall exclude or limit the liability of Purple Mustard Limited for death or personal injury caused by its negligence or for fraudulent misrepresentation.
These Terms and Conditions and your use of this website shall be governed by and construed in accordance with England & Wales law.
By using this website you accept that any dispute under these Terms and Conditions or arising out of use of this website shall be subject to the exclusive jurisdiction of the England & Wales courts to which you submit.
You are responsible for compliance with any applicable laws of the country from which you are accessing this website.
If for any reason any part of these Terms and Conditions is deemed to be unenforceable then the validity of the remaining terms shall not be affected.
Any waiver by Purple Mustard Limited of a breach of any provision of these Terms and Conditions shall not be deemed to be a waiver of any subsequent breach of any provision.
Nothing in these Terms and Conditions is intended to confer on any person any right to enforce any provision of these Terms which that person would not have had but for the Contract (Rights of Third Parties) Act 1999.
1.1 In these terms and conditions the following wording shall have the following meanings:-
“the Company” means Purple Mustard Limited of Unit 2 Pant Glas Industrial, Estate, Bedwas Road, Bedwas, Caerphilly, CF83 8DR or any subsidiary thereof;
“Contract” means any contract between the Company and the Purchaser for the sale and purchase of the Goods, incorporating these conditions.
“the Goods” means the goods (including any instalment of the goods or any part of them) which the company is to supply in accordance with these terms and conditions;
“the Purchaser” means the corporate entity, firm or person to whom the Goods are supplied by the Company;
1.2 A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.
1.3 Words in the singular include the plural and in the plural include the singular.
1.4 Condition headings do not affect the interpretation of these conditions.
2. Application of terms
2.1 Subject to any variation under condition 2.2 the Contract shall be on these terms and conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Purchaser purports to apply under any purchase order, confirmation of order, specification or other document).
2.2 No terms or conditions endorsed on, delivered with or contained in the Purchaser's purchase order, confirmation of order, specification or other document shall form part of the Contract simply as a result of such document being referred to in the Contract.
2.3 These conditions apply to all the Company's sales and any variation to these conditions and any representations about the Goods shall have no effect unless expressly agreed in writing and signed by a director of the Company. The Purchaser acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set out in the Contract. Nothing in this condition shall exclude or limit the Company's liability for fraudulent misrepresentation.
2.4 Each order or acceptance of a quotation for Goods by the Purchaser from the Company shall be deemed to be an offer by the Purchaser to buy Goods subject to these conditions.
2.5 No order placed by the Purchaser shall be deemed to be accepted by the Company until a written acknowledgement of order is issued by the Company or (if earlier) the Company delivers the Goods to the Purchaser.
3.1 The quantity and description of the Goods shall be as set out in the Company's quotation or acknowledgement of order.
3.2 All samples, drawings, descriptive matter, specifications and advertising issued by the Company and any descriptions or illustrations contained in the Company's catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract and this is not a sale by sample.
3.3 Whilst the Company takes every precaution in the preparation of its catalogue, technical circulars, price lists and its other literature, these documents are for the Purchaser’s general guidance only and the particulars contained therein shall not constitute representations by the Company and the Company shall not be bound thereby.
3.4 All sizes quoted are approximate. There is a manufacturer's tolerance depending on the type of mat. Please allow for tolerances on the final size. Tolerances are in the range of +/-6%.
4. Making the Contract
4.1 Any estimate or quotation which the Company provides to the Purchaser, comprises an ‘invitation to treat’ which is open for a period of 30 days only from the date presented, provided that the Company has not previously withdrawn it. Any order issued by the Purchaser is subject to acceptance by the Company and a contract will only be formed when the Company has accepted the Purchasers offer to buy.
4.2 All orders by the Purchaser are placed under these terms and conditions alone and are accepted subject to the Company’s minimum batch quantities. The Company reserves the right to request advance commitment in respect of raw materials for orders or schedules of certain value.
4.3 The Purchaser will be responsible to the Company for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Purchaser and will provide the Company any necessary information relating to the Goods within sufficient time to enable the Company to perform the Contract in accordance with its terms.
4.4 Schedules or estimates issued by the Purchaser shall not form an integral part of any contract.
4.5 Any advice or recommendation given by the Company or its employees or agents to the Purchaser or its employees or agents as to the storage, application or use of the Goods which is not confirmed in writing by the Company is followed or acted on entirely at the Purchaser’s risk and accordingly the Company shall not be liable for any such advice or recommendation which is not so confirmed.
4.6 The Company reserves the right to make changes in the specification of the Goods which are required to conform with any applicable statutory changes or EU Directives or, where the Goods are to be supplied to the Company’s specification, which do not materially affect their quality or performance.
5.1 No order which has been accepted by the Company may be cancelled by the Purchaser except with the agreement in writing of the Company and on terms that the Purchaser shall indemnify the Company in full against all loss (including loss of profit), costs (including the cost of all labour and materials used) damages, charges and expenses incurred by the Company as a result of cancellation.
6.1 All prices quoted are those ruling at the date of delivery of the Goods.
6.2 Unless otherwise stated all prices for the Goods quoted are exclusive of carriage charges, exclusive of VAT (which will be applied at the prevailing rate) and all costs or charges in relation to loading, unloading, carriage and insurance, all amounts of which the Purchaser shall pay in addition when it is due to pay for the Goods.
6.3 The Company reserves the right at any time prior to delivery to adjust the price to take account of any increase in the cost of raw materials, labour or services or any currency fluctuations affecting the cost of imported raw materials.
7. Additional Costs
7.1 The Purchaser agrees to pay for any loss or extra cost incurred by the Company through the Purchaser’s instructions or lack of instructions or through failure or delay in taking delivery or through any act or default on the part of the Purchaser, its employees or agents.
8. Terms Of Payment
8.1 Unless the Company otherwise agrees in writing, all sums become due and payable under these terms and conditions within 30 days [thirty] from date of invoice.
8.2 Time for payment shall be the essence.
8.3 If the Purchaser fails to pay the Company any sum due pursuant to the Contract, the Purchaser shall be liable to pay interest to the Company on such sum from the due date for payment at the annual rate of 4% above the base lending rate from time to time of HSBC Bank PLC accruing on a daily basis until payment is made, whether before or after any judgment.
8.4 The price of Goods shall be due in full to the Company in accordance with the Contract and the Purchaser shall not be entitled to exercise any set off, lien or other similar right or claim; the Purchaser shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Purchaser has a valid court order requiring an amount equal to such deduction to be paid by the Company to the Purchaser.
8.5 If the Purchaser shall commit an Act of Insolvency as set out at clause 12 then they will be deemed to have terminated the Contract.
8.6 The Company reserves the right at any time and at its discretion to demand security for payment before continuing with or delivering any order.
8.7 If upon the terms applicable to any order the price shall be payable by instalments or if the Purchaser has agreed to take specified quantities of Goods at specified times, a default by the Purchaser of the payment of any due instalment or the failure to give delivery instructions in respect of any quantity of Goods outstanding shall cause the whole of the balance of the price to become due and payable forthwith.
8.8 Payment of the price for the Goods is due in pounds sterling and no payment shall be deemed to have been received until the Company has received cleared funds.
8.9 All payments payable to the Company under the Contract shall become due immediately on its termination despite any other provision.
9.1 Delivery will be deemed to have been effected: -
(a) when the Goods leave the Company’s premises if the Purchaser’s own (or their customer’s) or Purchaser’s contracted transport company is used; or
(b) when the Goods are delivered to the Purchaser’s or their Customer’s premises or such other premises as may be agreed by the Company and the Purchaser if the Company’s carrier is used; and unless otherwise agreed in writing by the Company, delivery of the Goods shall take place at the Company's place of business.
9.2 The quantity of any consignment of Goods as recorded by the Company on despatch from the Company's place of business shall be conclusive evidence of the quantity received by the Purchaser on delivery unless the Purchaser can provide conclusive evidence proving the contrary.
9.3 All times or dates given for delivery of the Goods is approximate only and the Company shall not be liable for any delay in delivery of the Goods however caused. Time of delivery is not of the essence. The Goods may be delivered by the Company in advance of the quoted delivery date on giving reasonable notice to the Purchaser; if no dates are so specified, delivery shall be within a reasonable time.
9.4 The Company reserves the right to make delivery by instalments and to tender a separate invoice in respect of each instalment.
9.5 When the delivery is to be by instalments under clause 9.3 hereof or if there be delay in the delivery of any one or more instalments for whatever reason, this will not entitle the Purchaser to treat the contract as repudiated or to damages; each instalment shall be a separate Contract and no cancellation or termination of any one Contract relating to an instalment shall entitle the Purchaser to repudiate or cancel any other Contract or instalment.
9.6 Deviations in quantity of the Goods delivered (representing not more than 10 per cent by value) from that stated in these terms and conditions shall not give the Purchaser any right to reject the Goods or to claim damages and the Purchaser shall be obliged to accept and pay at the contract rate for the quantity of the Goods delivered.
9.7 Where the delivery is refused by the Purchaser or is delayed, suspended or made by instalments at the request of the Purchaser or where the Company is unable to deliver the Goods due to circumstances beyond its reasonable control, the Company on giving notification of its readiness to deliver, shall be entitled either to: -
(a) treat the contract as fulfilled and place the Goods into store. Delivery will be deemed to have taken place for invoicing payment and the passing of risk. Without limitation, the cost of storage and insurance of the Goods shall be for the Purchaser’s account; or
(b) sell the Goods at the best price readily obtainable and after (after deducting all reasonable storage and selling expenses) account to the Purchaser for the excess over the price under the contract or charge the Purchaser for any shortfall below the price under the contract.
9.8 The Company shall not be liable for any non-delivery of Goods (even if caused by the Company's negligence) in any event the Purchaser must give written notice to the Company of the non-delivery within 10 days of the date when the Goods would in the ordinary course of events have been received.
10.1 The Purchaser is under a duty wherever possible to inspect the Goods on delivery or on collection as the case may be.
10.2 Where the Goods cannot be examined the carrier’s note or such other notes as appropriate shall be marked “not examined”.
10.3 No liability for non-delivery, partial loss or damage to the Goods occurring prior to delivery or for any claim that the Goods are not in accordance with the contract will attach to the Company unless claims to that effect are notified in writing by the Purchaser to the Company (and in the case of claims for non-delivery partial loss or damage with a copy to the carrier if the Company’s own vehicles have not been used to deliver the Goods): -
(a) within seven days of delivery for the partial loss or damage or non-compliance with the contract; or
(b) within ten days of the date of the invoice for non-delivery;
10.4 In the event of a valid claim for non-delivery, partial loss or damage the Company undertakes at its option either to reprocess or replace the Goods at its expense but shall not be under any further or other liability to any person in connection with such non-delivery, partial loss or damage or non-compliance.
10.5 If the Purchaser shall fail to give notice in accordance with Clause 10.3 above the Goods shall be deemed to be in all respects in accordance with the contract and the Purchaser shall be bound to accept and pay for the same accordingly.
10.6 Where the Goods are delivered by the Company to the Purchaser’s premises it shall be the absolute responsibility of the Purchaser to ensure that the Goods are off-loaded into the correct storage area.
11.1 Goods supplied in accordance with the contract cannot be returned without prior written permission of the Company. The Company will not accept or take responsibility for the Goods returned without its prior written permission. Duly authorised returns shall be sent to the Company’s premises at the Purchaser’s expense.
12. Risk and the Passing of Property
12.1 The Goods are at the risk of the Purchaser from the time of delivery.
12.2 Ownership of the Goods shall not pass to the Purchaser until the Company has received in full (in cash or cleared funds) all sums due to it in respect of:
(a) the Goods; and
(b) all other sums which are or which become due to the Company from the Purchaser on any account.
12.3 Until ownership of the Goods has passed to the Purchaser, the Purchaser shall:
(a) hold the Goods on a fiduciary basis as the Company's bailee;
(b) store the Goods (at no cost to the Company) separately from all other goods of the Purchaser or any third party in such a way that they remain readily identifiable as the Company's property;
(c) not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods; and
(d) maintain the Goods in satisfactory condition and keep them insured on the Company's behalf for their full price against all risks to the reasonable satisfaction of the Company. On request the Purchaser shall produce the policy of insurance to the Company.
12.4 The Purchaser's right to possession of the Goods shall terminate immediately if:
(a) the Purchaser has a bankruptcy order made against him or makes an arrangement or composition with his creditors, or otherwise takes the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convenes a meeting of creditors (whether formal or informal), or enters into any voluntary arrangement, liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or has a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or documents are filed with the court for the appointment of an administrator of the Purchaser or notice of intention to appoint an administrator is given by the Purchaser or its directors or by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act 1986), or a resolution is passed or a petition presented to any court for the winding-up of the Purchaser or for the granting of an administration order in respect of the Purchaser, or any proceedings are commenced relating to the insolvency or possible insolvency of the Purchaser; or
(b) the Purchaser suffers or allows any execution, whether legal or equitable, to be levied on his/its property or obtained against him/it, or fails to observe or perform any of his/its obligations under the Contract or any other contract between the Company and the Purchaser, or is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or the Purchaser ceases to trade; or
(c) the Purchaser encumbers or in any way charges any of the Goods.
12.5 The Company shall be entitled to recover payment for the Goods notwithstanding that ownership of any of the Goods has not passed from the Company.
12.6 The Purchaser grants the Company, its agents and employees an irrevocable licence at any time to enter any premises where the Goods are or may be stored in order to inspect them, or, where the Purchaser's right to possession has terminated, to recover them.
12.7 Where the Company is unable to determine whether any Goods are the goods in respect of which the Purchaser's right to possession has terminated, the Purchaser shall be deemed to have sold all goods of the kind sold by the Company to the Purchaser in the order in which they were invoiced to the Purchaser.
12.8 If any of the Goods are incorporated in or used as material for other products, or used in property whatsoever before payment in full is made, then the property in the whole of such other goods may be and remain with the Company until such payment has been made, or the other goods have been sold and all the Company’s rights hereunder in the material shall extend to those other goods.
12.9 Demand for, or recovery of any of the parts or Goods by the Company shall not of itself discharge either the Customer’s liability to pay the whole of the price and take delivery of the parts or Goods or the Company’s right to sue for the whole price.
12.10 On termination of the Contract, howsoever caused, the Company's (but not the Purchaser's) rights contained in this condition 12 shall remain in effect.
13.1 If the Purchaser shall fail to accept the Goods or any instalment or part instalment thereof or shall fail to pay any sum due to the Company or shall commit an Act of Insolvency as set out in Clause 12.4, the Company in its discretion and without prejudice to any other right or claim may by notice in writing determine wholly or in part any and every Contract between the Company and the Purchaser may by notice in writing suspend further deliveries of Goods until any default by the Purchaser be remedied.
13.2 For the avoidance of doubt it is hereby declared that nothing in these terms and conditions shall affect the rights given to the Company by Sections 38-48 of the Sale of Goods Act 1979 or any statutory amendment or re-enactment thereof.
14. Warranties and Conditions
14.1 The Company warrants that it has title to and the unencumbered right to sell the Goods.
14.2 Every description or specification of the Goods is given in good faith based on average results of standard tests but any conditions or warranties (express or implied) that the Goods shall correspond with such description or specification are hereby expressly excluded and the use of any such description or specification shall not constitute a sale by description.
14.3 Any conditions or warranties arising from conduct or a previous course of dealing or trade custom or usage as to the quality or fitness of the Goods for any particular purpose even if that purpose is made known expressly or by implication to the Company are hereby expressly excluded.
14.4 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, excluded from the Contract.
14.5 Notwithstanding that a sample of the Goods may have been exhibited to and inspected by the Purchaser or results of standard tests upon a sample furnished to the Purchaser, it is hereby agreed that such sample was so exhibited and inspected or tested solely to enable the Purchaser to judge for itself the quality of the bulk and not so as to constitute a sale by sample. The Purchaser shall take the Goods at its own risk as to their corresponding with the sample or as to their quality condition and/or sufficiency for any purpose.
14.6 Without prejudice to the foregoing provisions of this clause the application use and processing of the Goods is the absolute responsibility of the Purchaser and the Purchaser shall be deemed to have carried out its own tests to ensure the suitability of the Goods for their intended purpose and applications.
15.1 The risk of accidental loss or damage to the Goods whilst being returned will be borne by the Purchaser.
15.2 Where the Goods are for delivery by instalments any defect in any instalment shall not be a ground for cancellation of the remainder of the instalments and the Purchaser shall be bound to accept delivery thereof.
15.3 The Company shall not be liable for imperfect work caused by inaccuracies in any drawings of quantities or specifications provided by or on behalf of the Purchaser.
15.4 The Company shall not be liable in respect of any defect arising from fair wear and tear, wilful or accidental damage, negligence, abnormal working conditions, and failure to follow the Company’s instructions, misuse or alteration of or repair of the Goods without the Company’s approval.
15.5 Subject to any relevant condition herein this clause, the following provisions set out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Purchaser in respect of:
(a) any breach of these conditions, including any deliberate personal repudiatory breach OR any deliberate breach of these conditions by a party, or its employees, agents or subcontractors;
(b) any use made or resale by the Purchaser of any of the Goods, or of any product incorporating any of the Goods; and
(c) any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
15.6 Nothing in these conditions excludes or limits the liability of the Company:
(a) for death or personal injury caused by the Company's negligence; or
(b) under section 2(3), Consumer Protection Act 1987; or
(c) for any matter which it would be illegal for the Company to exclude or attempt to exclude its liability; or
(d) for fraud or fraudulent misrepresentation.
15.7 Subject to condition 14.4 and condition 15.6:
(a) The Company's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Contract price; and
(b) the Company shall not be liable to the Purchaser for loss of profit, loss of business, or depletion of goodwill in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
16. Force Majeure
16.1 The Company reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by the Purchaser (without liability to the Purchaser) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Company including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 28 days, the Purchaser shall be entitled to give notice in writing to the Company to terminate the Contract.
17. Intellectual Property
17.1 The Purchaser shall indemnify the Company of all costs against claims and damages (not claimed) incurred or threatened arising out of any alleged infringement of patents, trade mark, copyright, designs or other intellectual property right occasioned by the manufacture or sale of the Goods made to the specification of special requirements of the Purchaser. The Company does not warrant and the Purchaser should ensure that its use of the Goods will not infringe any patent or any other intellectual property rights of a third party.
18.1 Any tools, artwork, cutting boards and the like made or purchased for the manufacture of the Goods shall remain the property of the Company even if the Purchaser has been charged for the cost of such items.
19. Service Requirements
19.1 Unless expressly agreed the Company does not undertake to hold stocks of or manufacture particular products after the end of the contract period. Requests for delivery after the contract period will be treated as a new enquiry for which the Company will re-quote.
20.1 Any notice to be given hereunder shall be in writing and shall be deemed to have been duly given if sent or delivered to the party concerned at its address specified or such other address as that party may from time to time notify in writing and shall be deemed to have been served, if sent by post, 48 hours after posting.
21.1 The Company may assign the Contract or any part of it to any person, firm or company.
21.2 The Purchaser shall not be entitled to assign the Contract or any part of it without the prior written consent of the Company.
22.1 If any provision of these conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected.
23. General & Jurisdiction
23.1 Each right or remedy of the Company under the Contract is without prejudice to any other right or remedy of the Company whether under the Contract or not.
23.2 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
23.3 Failure or delay by the Company in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract.
23.4 Any waiver by the Company of any breach of, or any default under, any provision of the Contract by the Purchaser shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.
23.5 The parties to the Contract do not intend that any term of the 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.
23.6 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.
PURPLE MUSTARD LIMITED - TERMS & CONDITIONS OF SUPPLY
Rider: - International Sales
The following provisions shall apply in addendum to the standard Purple Mustard Terms & Conditions of Supply where a Purchaser is deemed to be outside the geographical territory of England, Northern Ireland, Scotland, Wales, Eire and the Channel Islands:
Where the Goods are supplied for export from the United Kingdom, if the provisions of this Rider are inconsistent with any other provision of the Purple Mustard Terms & Conditions, the provisions of this rider shall prevail.
Delivery Point: the Purchasers Premises or such other location as the Purchaser specifies on any order and which has been accepted by the Company. Expenses: any out-of-pocket costs incurred by the Company in fulfilling an Order, including (without limitation):
I. postage, packaging, carriage, freight, and handling charges;
III. currency conversion and banking charges applicable to the payment method used;
IV. value added tax or any other applicable sales tax in the country in which the Purchaser is resident; and any customs, import or other duties charged in respect of the sale and importation of Goods into the country in which the Purchaser is resident or the Delivery Point is located.
The Company shall arrange delivery of the Goods in accordance with the Purchaser's instructions and the provisions of our terms and conditions, provided that the Purchaser shall be liable to pay for all Expenses incurred by the Company in complying with such instructions. Such Expenses shall be included on the Invoice for the relevant Goods.
(B) IMPORT AND EXPORT LICENCES
The Purchaser is responsible for obtaining, at its own cost, such import licences and other consents in relation to the Goods as are required from time to time and, if required by the Company, the Purchaser shall make those licences and consents available to the Company prior to the relevant shipment.
All amounts of money referred to in this agreement shall be interpreted as being amounts exclusive of value added tax, any similar sales tax or any tax that replaces such sales taxes. Any such tax payable in relation to any such amounts shall be paid in addition to those amounts. If the Purchaser is required under any applicable law to withhold or deduct any amount from the payments due to the Company, the Purchaser shall increase the sum it pays to the Company by the amount necessary to leave the Company with an amount equal to the sum it would have received if no such withholdings or deductions had been made. VAT may be zero rated for export to EU countries if Purchaser produces valid EU VAT number.
The Purchaser shall make all payments due under this agreement without any deduction by way of set-off, counterclaim, discount or otherwise unless the Purchaser has a valid court order from a court in England and Wales requiring an amount equal to or more than such deduction to be paid to the Company by the Purchaser, or unless such rights relied on cannot be excluded by the law of England and Wales or the insolvency laws of the jurisdiction in which the Purchaser is resident.
The Purchaser shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties thereon and agrees to indemnify the Company in respect of all liability in this regard whatsoever.
The Purchaser shall be responsible for arranging for testing and inspection of the Goods at the Company’s premises before shipment. The Company shall have no liability for any claim in respect of any defect in the Goods which would be apparent on inspection and which are made after shipment, or in respect of any damage during transit.
Payment of all amounts due to the Seller shall be made as agreed by the Buyer and the Seller before delivery.
The Purchaser shall only be permitted to resell the Goods to third parties with the express written consent of the Company (such consent not to be unreasonably withheld) in allowing resale in certain countries, the Company does not consent to the exhaustion of its trade mark rights in the EU and all Intellectual Property rights asserted in clause 17 of the main Terms and Conditions shall remain in full force and effect.
The Purchaser shall not repackage the Goods and/or remove any copyright notices, confidential or proprietary legends or identification from the Goods save for any removal which is a necessary result of a manufacturing process of which the Company has been previously notified in writing by the Purchaser.
(E) LAW AND JURISDICTION
This agreement shall be governed by and construed in all respects in accordance with the laws of England and Wales. For the avoidance of doubt, the United Nations Convention on the International Sale of Goods shall not apply to this agreement. The international rules for the interpretation of trade terms prepared by the International Chamber of Commerce (Incoterms) shall apply but where they conflict with this agreement, this agreement shall prevail.
Subject to clause 0, the parties submit to the exclusive jurisdiction of the courts of England and Wales and agree that process may be served on either of them in the manner specified for notices in clause 20.
Nothing in this clause (e) shall limit the right of the Company to take proceedings against the Purchaser in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdiction preclude the taking of proceedings in any other jurisdiction, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.
It is the Purchaser's obligation to acquaint itself and to comply with all applicable requirements and restrictions imposed by law or by governmental and other authorities or corporations relating to the possession, use, import, export, or resale of the Goods. It is the Purchaser's obligation to ensure that no Goods are exported or imported in violation of the laws of any jurisdiction into or through which the Goods are transported during the course of reaching the Delivery Point. Where necessary, the Purchaser shall inform the Company at a reasonable time before delivery of any documents which it is necessary for the Company to provide in order to allow export of the Goods in compliance with the laws of any relevant jurisdiction.
The rights set out in this clause (e) are in addition to any other manner of service permitted by law at the time when service is made.
Registered Name : Purple Mustard Limited
Registered Address : Unit 2, Pant Glas Industrial Estate, Bedwas, Caerphilly, CF83 8DR
Registered Number : 4978887
Unit 2 Pant Glas Industrial Estate, Bedwas, Caerphilly, CF83 8DR.
Telephone: +44 (0)2920 864 555 Fax: +44 (0)2920 867 208
A Subsidiary of Purple Mustard Holdings Limited.
Copyright © Purple Mustard Ltd . Registered in England No. 4978887