1 Application
These conditions apply to all contracts entered into by MODCAB, referred to hereafter as “the
company”, for the sale of goods and the supply of services. These conditions shall supersede
all previous conditions of the company and shall override any terms of conditions inconsistent
herewith sought to be imposed by the customer which we are hereby expressly excluded.
2 Contract
The contract between the customer and the company is constituted by the customers’
acceptance in writing of the offer made by the company which forms part of the contract.
3 Variation
No Variation or waiver of these conditions or of the contract shall be effective unless agreed in
writing by an authorised office of the company.
4 Price
All prices quoted or given ex-works and exclusive of VAT unless otherwise stated. All prices are
subject to variation to reflect corresponding variations in the company’s own cost of goods,
materials, fuel and labour. The contract price of goods including separate installments of goods
supplied under an installment contract is the company’s ruling price at the time of delivery. The
price of work done is based on the company’s rates for working during normal working hours.
Work carried out outside these hours may be charged on the basis of overtime rates.
5 Payment
Unless otherwise stipulated by the company, payment for goods shall be made according to the
following schedule:-
Deposit: 50% with order
Delivery to site: 50% to be paid 48 hours prior to delivery to site
Unless otherwise stipulated by the company, payment for site work done shall be made
according to the following schedule:-
Deposit: 50% with order
Delivery to site: 50% to be paid on completion of works, within 14 days
The company shall be entitled to charge interest at 3% pa above the base lending rate at the
HSBC Bank Ltd, on accounts from the date due until payment.
6 Delivery
Any time or dates given by the company are estimates only. Whilst the company will always
endeavour to meet delivery dates, no time or date given or specified by either party will be
binding on the company, or form part of the contract. In instances where delivery cannot be
affected by the company due to circumstances outside its control, invoices will be rendered
upon factory completion. Where the company undertakes delivery of the goods, the customer
shall pay the Company’s charges ruling at that time. Risk in the goods shall pass to the
customer on delivery. In the event of loss or damage caused in transit, the company shall be
under no liability therefore unless the customer signs for the goods as damaged or short
delivered within 3 days of receipt of goods.
7 Force Majeure
The company shall not in any event be under liability for any loss or damage suffered by the
customer if delivery of goods, completion of work or performance of the contract by the
company is prevented, hindered or delayed by a Force Majeure, or by circumstances outside
the control of the company.
8 Descriptions and Specifications
(a) In accordance with the Company’s policy of continuous development and
improvement, the company reserves the right to make reasonable or necessary
alterations to specifications of goods, even after the contract is made, provided that
performances are not adversely affected.
(b) The company shall not be under any liability in respect of descriptions or
specifications or other matters in relation to goods contained in any materials, such
as catalogues, price lists, trade publications and advertising matter, apart from that
contained in the Final Quotation itself. Such matter is of general informative and
descriptive effect only and forms no part of the contract.
(c) The company reserves the copyright in respect of any drawing of plan, set of
specifications or calculations in relation to goods, or list components or materials.
None of the same may be divulged to a third party without written consent of the
company.
9 Defects
(a) Warranty. The company undertakes to replace or, at its discretion, repair any goods
found defective as to materials or workmanship within 3 months of delivery, provided
notification of such defect is made in writing within 7 days of it becoming apparent to
the customer.
(b) Exclusion. Apart from such undertaking, no condition is made or warranty given by
the company or, to the extent that is permitted, is to be implied by law as to the
quality, merchantability, fitness for any purpose, life or wear of the goods in any
conditions. Nor are any such conditions or warranties made, given or to be implied
in respect of work done.
(c) In no event do any of the above conditions or warranties, whether expressed or
implied, extend to goods exported out of the UK. Any such conditions and
warranties cease and/ or are extinguished on export.
10 Consequential loss
The company shall not in any event be under any liability to the customer in respect of
consequential loss or damage whether direct or indirect and however arising.
11 Access and work on site
Where the company undertakes delivery, installation or other work on site, the customer shall
be responsible for providing, at customers own expense, safe and suitable site access,
facilities for unloading, electrical power and a crane, when required, for connecting all services
and for the provision of accurate and sufficient information and details as necessary to enable
the company to carry out the work. The customer shall be responsible for obtaining all
necessary planning permissions and consents and complying with all statutory requirements
and byelaws, and for providing all necessary and responsible assistance and cooperation to
the company, its servants and agents, in connection with the performance of the work. The
customer shall be liable to the company for any loss and damage and or cost of delay caused
by customer’s failure in any of the above respects. The company shall have the right to make
any reasonable or necessary alterations to the contract work provided that such alterations to
the contract work provided that such alterations do not affect the overall concept, engineering
standards or, save where the customer is responsible for the alterations, price.
12 Customer’s Goods
The company shall be under no responsibility for loss or damage, however caused, for
customers’ goods after delivery, either while on the premises of or under the control of the
company or in transit.
13 Property in Goods
Until the company has been paid in full for the goods comprised in this or any other contract
between the customer and the company:
(a) The goods remain the property of the company.
(b) The company may recover the goods at any time from the customer if the customer
is in default of payment or conveys unwillingness or inability to pay. For that purpose
the company may, by its servants or agents, enter upon any land/premises occupied
by the customer where the goods are situated.
(c) If the customer incorporates the goods into other goods, or uses them as materials
for other goods, the property in those goods becomes that of the company. (d) The
customer is entitled to dispose of the goods or such other goods and pass good titles
for them, for the account of the company. On such disposal the customer is under a
fiduciary duty to the company to account for the proceeds to the full extent of his
indebtedness. The customer shall not be acting as the company’s agent for this or any
other purpose,
14 Insolvency
If, before the customer makes a payment, the customer becomes insolvent or bankrupt
or enters into a scheme or arrangement or composition with creditors or goes into
liquidation or is put into the hands of a receiver or commits an act of bankruptcy or the
customer expressly or implies his inability or unwillingness to pay the price, the
company shall forthwith be entitled to exercise any or all of the following:
– Retain all monies paid by the customer
– To stop all goods in transit and exercise a lien over them to resell and to claim from
the customer any further loss arising in any manner whatsoever and to be
indemnified by him.
– The company shall be entitled to claim from the customer or their agent such sum as
will satisfy the whole loss
15 Law
The terms of this contract shall be construed under the laws of England & Wales
These Terms & Conditions will be deemed accepted and agreed upon receipt of
order.
Mailing Address:
11 Cwrt Yr Hen Ysgol, Tondu, Bridgend, CF32 9GE
Last updated on 19th September 2026
