Terms and conditions

1. Interpretation

1.1 In these Terms and Conditions: “Authorised Representative” means (1) for the Seller, the Divisional Director of the Seller and (2) for the Buyer, the representative of the Buyer with whom such Divisional Director is dealing. “Buyer” means the person or company (1) who accepts a quotation by the Seller for the sale of the Goods or (2) whose order for the Goods is accepted by the Seller. “Conditions” means the terms and conditions of sale set out in this document amended from time to time in accordance with Clause 2.3. “Contract” means the contract for the purchase and sale of Goods in accordance with these conditions. “GGF” means the Glass and Glazing Federation. “Goods” means the goods (including any installment of goods or any parts for them) which the Seller is to supply to the Buyer in accordance with the Contract and these Conditions. “Mechanical Component” means hinges, drawer boxes and drawer runners. “Seller” means either (1) Magnet Limited in the United Kingdom and (2) Magnet (Isle of Man) Limited in the Isle of Man. “Writing” means printed or hand-written letter or other document, or a written communication in the form of a facsimile transmission or electronic mail message.

1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.

1.3 Throughout these Conditions whenever required by context the use of the singular shall be construed to include the plural and the use of the plural shall include the singular and the use of any gender shall include all genders.

1.4 The headings in these Conditions are for convenience only and shall not affect their interpretation.

2. Basis of the sale

2.1 Nothing in these Conditions will impose any obligation whatsoever on the Seller to sell any goods or provide any services to anyone. The Seller is entitled in its absolute discretion to refuse at any time to do any business with anyone, if the Seller so pleases. These Conditions shall apply only if the Seller and the Buyer are willing and form the Contract respectively to sell and to buy the Goods.

2.2 The Seller shall sell and the Buyer shall purchase the Goods subject to these Conditions which shall govern the Contract to the exclusion of any other terms that the Buyer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

2.3 No variation to these Conditions shall be binding unless agreed in Writing between the Authorised Representatives of each of the Buyer and the Seller.

2.4 The Seller’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Authorised Representative of the Seller in Writing. In entering into the Contract the Buyer acknowledges and agrees that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed in Writing.

2.5 Any advice or recommendation given by the Seller or its employees or agents to the Buyer or its employees or agents as to each of the storage, application or use of the Goods which is not confirmed in Writing by the Authorised Representative of the Seller or stated herein, is followed or acted upon entirely at the Buyer’s own risk and accordingly the Seller shall not be liable for any such advice or recommendation which is not so Confirmed in Writing.

2.6 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.

3. Orders and Specification

3.1 If the Goods are to be manufactured or any process is to be applied to the Goods by the Seller in accordance with a specification submitted by the Buyer, the Buyer shall indemnify the Seller against all loss, damages, costs and expenses awarded against or incurred by the Seller in connection with or paid or agreed to be paid by the Seller in settlement of any claim for infringement of any patent, copyright, design, trademark or other industrial or intellectual property rights of any other person which results from the Seller’s use and application of the respective specification submitted by the Buyer.

3.2 The Seller reserves the right to make any changes in the specification of the Goods which (1) are required for the Goods to conform with any applicable safety or other statutory requirements and/or, (2) whether or not the Goods are to be supplied to the Buyer’s specification, do not materially affect their quality or performance.

3.3 The Goods are supplied on the basis that they conform to the written descriptions contained on the respective order or confirmation under which the Goods are supplied (without prejudice to the provisions of clauses 3.2, 8.2, 8.6 and 8.10 hereto). Pictures and drawings of the Goods in any of the Seller’s catalogues or publicity materials are for the purpose of illustration only.

3.4 No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in Writing of the Authorised Representative of the Seller and then only on the terms that the Buyer shall indemnify the Seller 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 Seller as a result of the respective cancellation.

4. Price of the goods

4.1 The price of Goods shall be the Seller’s quoted price or, where no price has been quoted (or a quoted price is no longer valid), the price listed in the Seller’s published price list current at the date of acceptance of the order or, if there is no such acceptance, the making of the sale.

4.2 Except as otherwise stated under the terms of any quotation or in any price list of the Seller and unless otherwise agreed in Writing between the Buyer and the Authorised Representative of the Seller, all prices are given by the Seller on an ex works basis, and where the Seller agrees to deliver the Goods otherwise than at the Seller’s premises, the Buyer shall be liable to pay all the Seller’s charges for transport, packaging and insurance.

4.3 Unless otherwise specifically stated, all prices quoted or set out in the Seller’s published price list for the time being are exclusive of any applicable value added tax, which the Buyer shall be additionally liable to pay the Seller.

4.4 The cost of pallets and returnable containers will be charged to the Buyer in addition to the price of the Goods, but full credit will be given to the Buyer provided that they are returned undamaged to the Seller before the due payment date.

4.5 The Seller reserves the right, by giving notice in Writing to the Buyer at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to the Seller which is due to (1) any factor beyond the control of the Seller (without prejudice to the generality of the foregoing, by way of exchange fluctuation, currency regulation, alteration of duties, and/or significant increase in the costs of labour, materials, other costs of manufacture and/or fuel), (2) any change in delivery dates, quantities or specifications for the Goods which is requested by the Buyer, and/or (3) any delay caused by any instructions from the Buyer or the failure of the Buyer to give the Seller adequate and relevant information and/or instructions.

5. Terms of payment

5.1 Subject to any special terms agreed, in Writing, between the Buyer and the Authorised Representative of the Seller, the Buyer shall pay for the price of the Goods in cash (or the equivalent of cash) at the time of sale.

5.2 In the event the Buyer opens a trade credit account with the Seller the following conditions shall apply:-

5.2.1 A trade account will only be opened after satisfactory references have been taken up by the Seller;

5.2.2 Acceptance of orders from the Buyer is subject to credit approval by the Seller;

5.2.3 Trade accounts must be paid in full (unless otherwise agreed in Writing by the Seller) by the last day of each calendar month following the date of invoice or if such day is a non business day, the immediately preceding business day;

5.2.4 the Seller reserves the right to charge interest on all overdue accounts at the rate specified in the Late Payment of Commercial Debts (Interest) Act 1998.

5.2.5 At any time before the delivery of the Goods The Seller reserves the right to notify the Buyer that outstanding payment is required prior to delivery and the Seller shall be entitled to withhold delivery until payment is made;

5.2.6 If the Buyer does or suffers to be done anything which might prejudice his ability to pay the full price for the Goods the Seller, in addition to any other rights it may have, reserves the right to treat the contract for the Goods unpaid as repudiated by the Buyer.

5.3 The Buyer shall pay all amounts due under the Contract in full without any deduction or withholding except as required by law and the Buyer shall not be entitled to assert any credit, set off or counter claim against the Seller in order to justify withholding payment of any such amount in whole or in part. The Seller may at any time, without limiting any other rights or remedies it may have, set off any amount owing.

6. Sale/Delivery/Return of goods

6.1 Delivery of the Goods shall be made (1) by the Buyer taking the Goods away from the Seller’s premises at the time of sale or at any time after the Seller has notified the Buyer that the Goods are ready for collection, or (2) if some other place or delivery is agreed by the Authorised Representative of the Seller, by the Seller delivering the Goods to that place (subject to the provisions of Clause 6.5 below). If the Seller fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Buyer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. The Seller shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a force majeure event or the Buyer’s failure to provide the Seller with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.

6.2 Any date quoted by the Seller for the delivery of the Goods is approximate only and the Seller shall not be liable for any delay in delivery of the Goods howsoever caused. Time for delivery shall not be of the essence of the Contract unless previously agreed by the Authorised Representative of the Seller in Writing. The Goods may be delivered by the Seller in advance of the quoted delivery date on giving reasonable notice to the Buyer.

6.3 Where the Goods are to be delivered in installments, each delivery shall constitute a separate contract and a failure by the Seller to deliver any one or more of the installments in accordance with the Contract or these Conditions or any claim by the Buyer in respect of any one or more installments, shall not entitle the Buyer to treat the respective Contract, or the Contracts for the delivery of other installments as being repudiated.

6.4 If the Buyer fails to take delivery of the Goods or fails to give the Seller adequate and relevant delivery information and/or instructions at the time stated for delivery then, without limiting any other right or remedy available to the Seller, the Seller may:

6.4.1 Store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of such storage; or

6.4.2 Sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) (1) account to the Buyer for any excess over the price under the Contract or (2) charge the Buyer for any shortfall below the price under the Contract (in circumstances where the Seller has been paid for the Goods).

6.5 The Buyer shall ensure that all deliveries by the Seller’s employees, agents or subcontractors can be made on suitable hard roads at ground level with unrestricted access and that all reasonable measures are taken as are necessary to ensure that premises to which deliveries are made under this Contract, are safe and free from risks to the health and safety of the Seller’s employees, agents and sub-contractors, and comply with all relevant health and safety legislation. For the avoidance of doubt, each of the Buyer, its personnel and its subcontractors shall comply with all its obligations under the Health and Safety at Work etc. Act 1974 and its associated regulations from time to time and with all site-specific Health and Safety requirements and will work within these obligations. The Buyer shall make suitable free of charge arrangements for offloading deliveries.

6.6 Unless otherwise agreed by the Authorised Representative of the Seller no deliveries will be carried out by the Seller nor will the Seller store any of the Goods for the Buyer after the time of sale.

6.7 Subject to Clauses 8.3 and 8.4, the Goods may only be returned by the Buyer at the discretion of the respective store manager if adequate proof and date of purchase is given and the Goods are in the original wrapped packaging (where applicable) and undamaged. The Seller reserves the right in the event that the Goods are accepted back by the Seller to charge a reasonable amount in respect of a restocking and administration charge.

7. Risk and property

7.1 The risk of damage to or loss of the Goods shall pass to the Buyer at the time when the Buyer takes delivery of the Goods or upon the Buyer acquiring title to the Goods, whichever is the sooner.

7.2 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the title and property in the Goods shall not pass to the Buyer, and shall remain with the Seller until after the Seller has received in cash or cleared funds payment in full of the price of the Goods and any other goods that the Seller has sold or supplied or has agreed to sell or supply to the Buyer in respect of which payment has become due.

7.3 Until such time as the title and property in the Goods passes to the Buyer, (1) the Buyer shall hold the Goods as the Seller’s fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer and third parties and properly stored, protected and insured and clearly identified as the Seller’s property, and (2) the Buyer shall be entitled to resell or use the Goods in the ordinary course of its business, but shall promptly account to the Seller for the proceeds of sale of the Goods, whether tangible or intangible, including insurance proceeds, and shall keep all such proceeds separate from any monies or property of the Buyer and third parties and, in the case of tangible proceeds, keep the same properly stored, protected and insured and clearly identified as the Seller’s property.

7.4 Until such time as the title and property in the Goods passes to the Buyer (and provided that the Goods are still in existence and have not been resold) the Seller shall be entitled at any time to require the Buyer to deliver up the Goods to the Seller and, if the Buyer fails to do so forthwith, to enter forthwith and without further notice upon any premises of the Buyer or any third party where the Goods are stored, and repossess the Goods.

7.5 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness, any of the Goods of which the Seller remains the holder of the title and/or property.

8. Warranties and guarantee

8.1 All Goods purchased under these Conditions are purchased by the Buyer in his capacity as a trade customer of the Seller and therefore attract discount. In these circumstances, save for those express warranties and guarantees set out in these Conditions, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

8.2 Any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall be notified to the Seller within seven days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within seven days after the defect or failure was, or should reasonably have been, discovered. If the Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the Goods and the Seller shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.

8.3 The following products alone are guaranteed against manufacturing defect, subject to the relevant installation and maintenance guidelines strictly being adhered to. (Subject to the provisions of clauses 8.5, 8.6, 8.7, 8.8 and 8.9 below): For the avoidance of doubt the products detailed at clauses 8.3.1 to 8.4.3 are products which are NOT manufactured by the Seller and any warranty or guarantee to be given in relation to any such product is that of the manufacturer alone and shall be provided strictly subject to the provisions of clause 8.4.6 relating to manufacturer guarantees.

8.3.1 Softwood Windows (Supplied Finished – Stained or Painted and Glazed) Applies to all softwood windows manufactured by Jeld-Wen UK that are: Vac Vac preservative treated 30 years against fungal decay and rot 10 years against manufacturing defect 5 years on paint finish 5 years on glazing 1 year on window hardware

8.3.2 Oak Windows and Oak French Doors and Oak Folding Doors (Supplied Finished – Stained and Glazed) 5 years against manufacturing defect 5 years on glazing 1 year on stain finish 1 year on hardware

8.3.3 French Doors Softwood Factory Finished Painted Manufactured by Jeld-Wen 5 years against manufacturing defect 5 years on paint finish 5 years on glazing 1 year on hardware

8.3.4 Patio Doors 1 year against manufacturing defect

8.3.5 Redwood Door Frames (Unfinished) 1 year against manufacturing defect

8.3.6 Redwood/Softwood Doors 1 year against manufacturing defect

8.3.7 Door Sets 1 year against manufacturing defect Folding Doors (factory finished) 5 years against manufacturing defect 1 year on paint finish 5 years on glazing 1 year on hardware Guarantee does not extend to cover wear and tear on cill caused by foot traffic.

8.3.8 Joinery Made to Measure/Order Products The Seller reserves the right to charge for any costs or expenses incurred, should the Buyer decide to cancel/amend any order for special products, once the order has been accepted.

8.3.9 All Other Product Manufactured by The Seller 1 year against manufacturing defect.

8.4 The following products not manufactured by the Seller are guaranteed against manufacturing defect (subject to the provisions of clauses 8.5, 8.6, 8.7, 8.8 and 8.9 below) for the following periods:

8.4.1 Kitchen Appliances and Extras White goods, taps and sinks carry manufacturer’s guarantee only (subject to Buyer registering such guarantee with the manufacturer)

8.4.2 Double Glazing 5 years subject to the glazing installation being carried out in accordance with GGF Guidelines and BS 8000 Part 7 for on site glazing. Visual defects such as manufacturing scratches will be classed as permissible unless outside of the specification set within the GGF Guidelines relating to manufacturing tolerances applicable for the time being. For the avoidance of doubt, |no liability is accepted by the Seller for the costs of fixing, removing or repainting necessitated by any replacement, nor for minor imperfections, deliberate acts of misuse, accidents or negligence.

8.4.3 uPVC Products 5 Years against manufacturing defect 1 year on hardware

8.4.4 Kitchens 20 years against manufacturing defect on carcases only 5 years against manufacturing defect on frontals 1 year against manufacturing defect on pelmets, cornices, plinths, trims

8.4.5 All Other Products Supplied but not Manufactured by The seller 1 year against manufacturing defect

8.4.6 Manufacturer Guarantees If any product supplied but not manufactured by the Seller has the benefit of a separate manufacturer’s guarantee or warranty then the Seller, to the extent that it has the right and is reasonably able to do so, transfers such of the manufacturer’s guarantee or warranty relating to such product to the Buyer on the following terms: (a) on the strict understanding that such guarantee or warranty is being given by the manufacturer alone and no further guarantee or warranty is being provided by the Seller; and (b) the guarantee or warranty to be provided by the manufacturer shall be provided in accordance with the manufacturer’s terms and conditions that are provided with the relevant products or which are detailed on the Seller’s website under the relevant section for the product being supplied and these include the manufacturer’s installation and maintenance guidelines which must be strictly adhered to in order for the manufacturer’s guarantee or warranty to remain valid; and (c) the Buyer shall contact the manufacturer direct and not the Seller in relation to any issue relating to the quality or condition of the products.

8.5 The Seller shall not be liable for Goods’ failure to comply with any warranty or guarantee in any of the following events:

8.5.1 The Buyer continues to use the Goods after giving the Seller notice that some or all of the Goods do not comply with their warranty or guarantee;

8.5.2 The defect arises because the Buyer failed to follow the Seller’s oral or written instructions as to the storage, commissioning, installation, use or maintenance of the Goods or (if there are none) good trade and practice regarding the same;

8.5.3 The defect arises as a result of the Seller following any drawing, design or specification supplied by the Buyer;

8.5.4 The Buyer alters or repairs such Goods without the written consent of the Seller;

8.5.5 The defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or

8.5.6 The Goods differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.

8.6 The Seller reserves the right to alter product features or adjust specifications at any time. If a product is no longer available the Seller will supply the nearest equivalent. The Seller does not guarantee that replacement products will provide an exact match.

8.7 Since many of the Seller’s Goods are made from timber or other natural products, no warranty is or shall be given that they will be the same in all material respects as any sample, and they may therefore be subject to variation of shade, colour and texture.

8.8 The Buyer must notify the Seller in Writing of any claim under clause 8 hereof within seven days of the date of delivery (whether or not delivery is refused by the Buyer) or (where the defect or failure was not apparent on reasonable inspection) within seven days after the defect or failure was, or should reasonably have been, discovered, and in any event within the relevant guarantee period. Such notification must be accompanied by proof of purchase.

8.9 All Goods must be stored in a dry place. The Seller shall not accept any responsibility if Goods are not so stored.

8.10 Where any valid claim in respect of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification, is notified to the Seller in accordance with these Conditions, the Seller shall be entitled to repair or replace the Goods or any Mechanical Component thereof or any other part of the Goods in question, free of charge or, at the Seller’s sole discretion, refund to the Buyer the price of the Goods (or a proportionate part of the price), and the Seller shall have no further obligation to refit nor pay for refitting of any replacement product nor shall the Seller have any further or other liability to the Buyer.

8.11 Except in respect of death or personal injury caused by the Seller’s negligence, the Seller shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for loss of profit or for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Seller, its employees, agents or otherwise) which arise out of or in connection with the supply of the Goods (including any delay in supplying or any failure to supply the Goods in accordance with the Contract or at all) or their use or resale by the Buyer and the entire liability of the Seller under or in connection with the Contract shall not exceed the price of the Goods, except as expressly provided in these Conditions.

9. Fire check doors and door frames

All fire doors supplied by the Seller comply with the requirements of relevant Building Regulations and are constructed in an identical fashion to those tested to BS476 Part 22 by the Seller at a registered test house. Where the door frame is not supplied by the Seller, it is the responsibility of the Buyer to ensure that the frame used is identical to the frame as tested. No liability shall be accepted in respect of fire doors supplied by the Seller where door frames used are not of the correct specification.

10. Metric measure – sheet materials only All sheet material is sold in metric measure. All metric surface dimensions and thicknesses are subject to normal manufacturing tolerances.
11. Force majeure All sheet material is sold in metric measure. All metric surface dimensions and thicknesses are subject to normal manufacturing tolerances.

11.1 The Seller shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Seller’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Seller’s reasonable control. Without limiting the foregoing, the following shall be regarded as causes beyond the Seller’s reasonable control:

11.1.1 Act of God, explosion, flood, tempest, fire or accident;

11.1.2 War or threat of war, sabotage, insurrection, civil disturbance or requisition;

11.1.3 Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority (in any jurisdiction);

11.1.4 Import or export regulations or embargoes (in any jurisdiction);

11.1.5 Strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party);

11.1.6 Difficulties in obtaining raw materials, labour, fuel, parts or machinery;

11.1.7 Power failure or breakdown in machinery.

12. Indemnity

12.1 If a claim is made against the Buyer that the Goods infringe or that their use or resale infringes the patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person, then unless the claim arises from the use of a drawing, design or specification supplied and/or imposed by the Buyer, the Seller shall indemnify the Buyer against all loss, damages, costs and expenses awarded against or incurred by the Buyer in connection with the claim, or paid or agreed to be paid by the Buyer in settlement of the claim, provided that:

12.1.1 The Seller is given full control of all proceedings and/or negotiations in connection with the claim;

12.1.2 The Buyer shall give the Seller all reasonable assistance for the purposes of any such proceedings or negotiations;

12.1.3 Except pursuant to a final award, the Buyer shall not pay or accept the claim, or compromise any such proceedings without the consent of the Seller (which shall not be unreasonably withheld);

12.1.4 The Buyer shall do nothing which would or might vitiate any policy of insurance or insurance cover which the Buyer may have in relation to such infringement, and this indemnity shall not apply to the extent that the Buyer recovers any sums under any such policy or cover (which the Buyer shall use its best endeavours to do);

12.1.5 The Seller shall be entitled to the benefit of, and the Buyer shall accordingly account to the Seller for, all damages and costs (if any) awarded in favour of the Buyer which are payable by, or agreed with the consent of the Buyer (which consent shall not be unreasonably withheld) to be paid by, any other party in respect of any such claim;

12.1.6 Without limiting any duty of the Buyer at common law, the Seller may require the Buyer to take such steps as the Seller may reasonably require to mitigate or reduce any such loss, damages, costs or expenses for which the Seller is liable to indemnify the Buyer under this clause; and

12.1.7 The Buyer will notify the Seller of the respective claim or complaint as soon as practicable after the Buyer learns of the claim or complaint, and in any event within twenty eight days of the first knowledge by the Buyer of such claim or complaint.

13. Insolvency of buyer

13.1 The Seller shall be entitled to cancel the Contract without any liability to the Buyer and if the Goods have been delivered but not paid for, and unless the Goods are returned forthwith to the Seller in the condition in which the Goods were delivered to the Buyer, the full price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary in the following circumstances:

13.1.1 (Where the Buyer is a company or other corporation): inability of the Buyer to pay its debts or in the opinion of the Seller having no reasonable prospect of being able to pay its debts, enters into liquidation either compulsory or voluntary (except for the purpose of amalgamation or reconstruction), the passing of a resolution for a creditors’ winding-up, the making of a proposal to the company and its creditors for a composition in satisfaction of its debts or a scheme of arrangement of affairs, an application to the Court for an Administration Order or the appointment of a receiver or administrative receiver;

13.1.2 (Where the Buyer is an individual or partnership): inability of the Buyer to pay his debts or in the opinion of the Seller having no reasonable prospect of being able to pay his debts, the presentation of a bankruptcy petition, the making of a proposal to his creditors for a composition in satisfaction of his debts or a scheme of arrangement of his affairs or the application to the Court for an Interim Order or the appointment of a receiver or an interim receiver and in relation to the various events of insolvency they shall wherever appropriate be interpreted in accordance and in conjunction with the relevant provisions of the Insolvency Act 1986.

13.2 If this clause applies then, without prejudice to any other right or remedy available to the Seller, the Seller shall also be entitled to cancel and/or suspend any further deliveries under the Contract without any liability to the Seller.

14. Applicable Law

The Contract shall be governed by and construed in accordance with English Law and each party agrees to submit to the exclusive jurisdiction of the English courts as regards any claim or matter arising under this Contract.

15. Third party rights No provision within these Conditions is intended for the benefit of any third party and the parties do not intend that the benefit of any provision of these Conditions should be enforceable by a third party either under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
16. Entire agreement

16.1 These Conditions are the terms and conditions applicable to all purchases from the Seller by the Buyer and, for the avoidance of doubt, any terms and conditions of purchase upon which the Buyer seeks to rely when dealing with the Seller are not accepted by the Seller.

16.2 If any provision of these Conditions is held by any Court or other competent authority to be void or unenforceable in whole or part, the other provisions of these Conditions and the remainder of the affected provisions shall continue to be valid.

17. Notice

17.1 Any notice or other communication given to a party under or in connection with the Contract shall be in Writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in Writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first class post, recorded delivery, commercial courier, fax.

17.2 A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 17.1; if sent by pre-paid first class post or recorded delivery, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or, if sent by fax, one Business Day after transmission.

We reserve the right to change the specification of our products. Images shown are for illustration purposes only. All prices shown are inclusive of VAT chargeable at the current 20% rate. If you are logged in as a Magnet Trade account holder all prices shown are exclusive of VAT chargeabale at the current 20% rate. All prices shown include discounts. No further discounts are available. Offers and products correct at time of publishing and may be subject to revision without prior consent. Offers cannot be used in conjunction with any other offers. Offers and prices may vary in individual Magnet Trade stores. Offers are strictly available to Magnet Trade account holders only. Offers subject to availability. Offers do not apply to the supply of contract kitchens.

Payments

Payments made through this website are processed by Nobia Holding UK Ltd a company registered in UK under company number GB763505038 whose registered office is at 3 Allington Way, Yarm Road Business Park, Darlington, DL1 4XT.

Accepted payment methods in store include most major debit cards (excluding American Express) or cash up to the value of £10,000. Magnet Trade credit account holders can make payment via most major debit cards (excluding American Express) online or in store, bank transfer or cash up to the value of £10,000 in store.

Refund / Cancellation Policy

The goods may only be returned by the buyer at the discretion of the respective store manager if adequate proof and date of purchase is given and the goods are in the original wrapped packaging (where applicable) and undamaged. The seller reserves the right in the event that the goods are accepted back by the seller to charge a reasonable amount in respect of a restocking and administration charge

Trade Account

You agree we may, in relation to this application and during our business relationship, make a search (and at reasonable intervals update such search) with credit reference agencies, who will keep a record of that search and will share that information with other businesses. We may also make enquiries about the principal applicants/directors/partners/proprietors with credit reference agencies. We may monitor and record information to credit reference agencies, who will share that information with other businesses in assessing applications for credit and fraud prevention. We may share the results with other group companies. We use automated credit scoring when dealing with your application for credit to decide whether or not to accept it in relation to entering a contract with you. If you do not agree with the decision we will consider your representations.

Trade Kitchen Prices and Kitchen Promotions

All prices displayed on our website and within our literature are for illustrative purposes and are based on a typical 8 unit kitchen. Prices are ex VAT and include a trade discount. The price includes the kitchen cabinets, price excludes end panels, plinths and trims. Quotes are valid for 60 days. Magnet Trade Accounts only. Offers do not apply to the supply of contract project kitchens.

Trade Referral Rewards

A 10% Referral Reward is available when your customer purchases a kitchen, containing 6 or more units, through one of our retail team. 10% of the ex VAT sale value will be credited to your Trade Account at the point of delivery and cannot be exchanged for cash. Credit must be used within 6 months. Offers are strictly available to Magnet Credit Trade Account holders. Offers do not apply to the supply of contract project kitchens.

17.0 SMG Prize Draw Survey

1. PROMOTER: This promotion is operated by Magnet Limited (part of Nobia Holdings UK Limited), registered offices at 3 Allington Way, Yarm Road Business Park, Darlington, County Durham, DL1 4XT ("We" or “US” thereafter). We are registered in England and Wales under company number 02762625.
2. OPENING AND CLOSING DATE: This promotion is a monthly prize draw. Each prize draw will run from the 1st day of the calendar month to the final day of the same calendar month from 00.01 (first day of month) and will close at 23.59 (last day of calendar month). If an entry is made after that monthly prize draw has closed, it will be automatically entered into the next months' prize draw. Any entries made before the launch date of the survey and after the closing date will not be valid.
3. ELIGIBILITY: This promotion is open to UK residents. However, employees of the promoter (or any of its group undertakings and agencies who are directly connected with the creation and administration of this promotion) are excluded from entering this promotion. If you are under the age of 18, you must obtain written parental or guardian consent to enter and (if you win) claim your prize. Winners may be asked proof of age.
4. HOW TO ENTER: To enter the prize draw you must have access to the internet to complete and submit a survey, a valid email address, and opt in to be included in the prize draw on the relevant page within the survey.
5. PRIZES: Each month there is one (1) prize to be won per survey type. Maximum one prize per winner per monthly prize draw. Retail survey prize is £150 John Lewis/Waitrose Voucher and Trade survey prize is Makita 18v drill with 2x batteries. We may substitute or change the prizes for a prize of an equivalent or greater value if circumstances beyond our control make it necessary to do so.
6. WINNER SELECTION: Winners will be drawn at random on or within 15 working days of the closing date by a randomised computer process.
7. NOTIFICATION: If you win, you will be notified by email using the email address provided on your entry form within 10 working days following the date when winners are drawn. If a winner does not respond to us within 10 days of being notified by us, then the winner's prize will be forfeited, and no new winner will be picked from the remaining eligible entries.
8. DECISIONS OF THE PROMOTER: If there is any dispute about the receipt of validity of any entry or any other aspect of the promotion, this will be decided by us. Our decision regarding any aspect of the promotion is final and binding and no future correspondence will be considered about the issue.
9. DISQUALIFICATION: We reserve the right to reject any entry, withhold any prize and disqualify you from the promotion if we suspect you of failing to comply with these terms and conditions or of fraud, cheating or dishonesty.
10. NO RESPONSIBILITY FOR ENTRIES NOT RECEIVED: We accept no responsibility for entries not successfully received by us, or which are delayed, due to a technical fault, technical malfunction, computer hardware or software failure, satellite, network or server failure of any kind.
11. USE OF PERSONAL INFORMATION TO ADMINISTER PROMOTION: We may collect personal information from you in accordance with the Data Protection Act 2018 (‘DPA’), the Privacy & Electronic Communications Regulations (‘PECR’) and the General Data Protection Regulation (‘GDPR’).

12: CANCELLATION OR WITHDRAWAL OF PROMOTION: We reserve the right at our absolute discretion to withdraw or cancel this promotion without prior notice and without liability to any party if it becomes necessary to do so.

CHANGES TO THESE TERMS AND CONDITIONS: We reserve the right to amend these terms and conditions at any time. It is your responsibility to keep up to date with such changes.

RELEVANT LAW: This promotion and these terms and conditions are governed by the laws of England and you agree to submit to the jurisdiction of the English courts if any dispute arises.

AGREEMENT TO THESE TERMS AND CONDITIONS: Entry to this promotion shall constitute your acceptance of these terms and conditions your agreement to be bound by them. These terms and conditions take effect immediately upon entry to the promotion.

20.0 Consumer Offers

20.1Half Price/50% OFF Kitchen Units when you buy 5 or more

1. Purchase 5 or more complete kitchen units (comprising carcase, doors, and hinges) and save 50% off the cost of the units purchased.

2. 50% discount only applies to complete kitchen units, it does not apply to installation, appliances, worktops, handles, or other elements purchased with the units.

3. This 50% off kitchen units multibuy offer can be used in conjunction with other offers where specified in the relevant offer conditions.

4. Offer cannot be applied retrospectively once an order has been completed. The offer is not valid in Magnet Trade stores.

20.2 Spend & Save

You will become eligible for this offer when you purchase your first kitchen from Magnet Trade between 1st May & 31st July. Orders must be fully invoiced and collected to count as a purchase for the purposes of this incentive (Rolling 90 Day Period)

• Spend over £2000 ex vat on two kitchens and become eligible for £100 credit
• Spend over £4000 ex vat on two kitchens and become eligible for £400 credit
• The second kitchen credit will be added to your account within 28 days of your invoice from the second kitchen, no cash equivalent. Credit can be used to towards the purchase of the second kitchen or any subsequent purchase. Credit expires after 6 months. 
• The invoice value of the second kitchen must be over £2000 to trigger the account credit 
• The second kitchen purchase must be completed before the end of the incentive period to be eligible for the additional account credit 
• A qualifying kitchen purchase is 6 configurable cabinets or more
• This offer cannot be combined with any other offer, incentive or promotion, Magnet reserve the right to amend, withdraw or suspend this offer at any point
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20.3 Seasonal offers

Offers valid 10th June – 27th July 2024. Magnet Trade accounts only. All prices are ex VAT and include trade discounts. Quotes are valid for 60 days. Magnet Trade promotions are not applicable to Magnet CKS/Projects customers.

Data Protection Privacy Notice

Personal data belonging to the Business owner and Attendees will be processed by Magnet Trade as a data controller for the purpose of administering Magnet Rewards Scheme (“Scheme”) (including the disclosure of such personal data to our third party agents to manage the Scheme). The legal basis for the processing is to meet our legal obligation, cf. GDPR art 9(1) (b), and to pursue our legitimate interest, cf. GDPR art. 6(1) (f), in administering the Scheme (including the disclosure of such personal data to our third party agents to manage the Scheme). More information in relation to your personal data can be found at https://www.magnettrade.co.uk/privacy-notice/

MODERN DAY SLAVERY ACT STATEMENT
Please find our Modern Day Slavery statement at the following link. Modern Day Slavery Statement.pdf

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