Terms & Conditions

Website Terms and Conditions

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Milton Pipes (Milton Precast) Limited’s relationship with you in relation to this website.

The term “Milton Pipes” or “Milton Precast” or “us” or “we” refers to the owner of the website whose registered office is Milton Regis, Sittingbourne, Kent. ME10 2QF.  The term “you” refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

  • The content of the pages of this website is for your general information and use only. It is subject to change without notice.
  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  • This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
  • All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
  • Unauthorised use of this website may give to a claim for damages and/or be a criminal offence.
  • From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
  • You may not create a link to this website from another website or document without Milton Pipes (Milton Precast)Limited’s prior written consent.
  • Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and Wales.

Conditions of Supply and Trading

1. Definitions

1.1 In these Conditions any terms defined overleaf in the Acknowledgement of Order will have the meanings given to them by the Acknowledgement of Order.

1.2 In these Conditions the following expressions will have the following meanings unless inconsistent with the context:

“Acknowledgement of Order” any acknowledgement form We issue to You to confirm acceptance of Your order;

Business Day” any day (other than Saturday) on which clearing banks are open for normal banking business in sterling in the City of London;

“Conditions” Our Conditions of Trading set out in this document together with any special terms and conditions agreed in writing between You and Us;

“Confidential Information” all secret or confidential commercial, financial and technical information, know how, trade secrets, inventions, computer software and other information whatsoever and in whatever form or medium and whether disclosed orally or in writing, together with all reproductions in whatsoever form or medium and any part or parts of it;

“Contract” the contract made between Us and You for the supply of the Goods which is subject to these Conditions;

“Goods” all or any of the goods works and materials to be supplied by Us;

“Insolvency Event” any one or more of:

  • a notice being issued to propose a resolution for winding up or dissolution, or such a resolution being passed;
  • a petition for a winding up or an administration or bankruptcy order being presented, or such an order being made;
  • any steps being taken with a view to a voluntary arrangement or other assignment, composition or arrangement with all or any creditors or any moratorium, readjustment, rescheduling, forgiveness or deferral of all or any indebtedness;
  • suspension of payments to all or any creditors and/or ceasing business;
  • an encumbrancer taking possession of all or any assets of a party;
  • an administrator or receiver being appointed over a party or all or any of its assets;
  • any action anywhere similar or analogous to any of the foregoing;
  • the other party having reasonable grounds for believing that any of the foregoing is imminent;

For the avoidance of doubt if any of the foregoing occur in relation to a partner in any of the parties hereto it will be deemed to occur in relation to that party; and

“Specification” the specification in respect of the Goods.

1.3 The headings in these Conditions are for convenience only and will not affect their construction or interpretation.

1.4 References to any statutory or other legislative provisions will be interpreted as a reference to that provision from time to time amended, extended or re-enacted.

2. Business Customers and Consumers

2.1 Where expressly stated as such, some of these Conditions only apply to business customers or to consumers.  All other Conditions shall apply to both business customers and consumers alike.

2.2 We will deem You to be a business customer if You indicate to Us that the Goods will be used in the course of Your business or if You use the Goods in the course of Your business.

2.3 If You are not a business customer, You are a consumer. Nothing in these Conditions affects Your statutory rights as a consumer. You can, if You wish, obtain details of these rights from Your local Trading Standards Department or Citizens’ Advice Bureau.

3. Basis of Contract

3.1 All our quotations will expire 30 days from the relevant quotation date (unless accepted by You in writing within such period). Where Goods are quoted for supply from stock they are quoted subject to being unsold when Your order is accepted.

3.2 These Conditions will form the terms and conditions of the Contract and will apply to the exclusion of any other terms or conditions whether put forward by You or on Your behalf in Your order or otherwise or whether implied by law (insofar as the exclusion of the same is lawful).

3.3 The placing of any order will constitute an offer by You. No Contract will come into existence unless We accept Your order in writing.

3.4 Accepting delivery of or collecting any Goods will be deemed conclusive evidence of Your acceptance of these Conditions.

3.5 No variation to these Conditions, or any special conditions agreed between You and Us, will be effective unless expressly agreed to in writing by one of Our directors.

3.6 Business customers: Following acceptance by Us of Your order, no cancellation and/or suspension, either in whole or in part, may be made by You other than with the prior written consent of one of Our directors and You will indemnify Us in full against all loss (including without limitation loss of profit, goodwill, opportunity, reputation and loss of production costs) damages, costs, expenses and any other liabilities awarded against or incurred by Us as a result of or in connection with any such cancellation.

4. Price            

4.1  Business customers: Subject to prior written agreement to the contrary, We will be entitled to invoice You for the price of the Goods on or at any time after We have notified You that the Goods are ready for collection or We have tendered delivery of the Goods.

4.2 Consumers: Subject to Condition 5.1, We will be entitled to invoice You for the price of the Goods at any time after We have delivered, or You have collected the Goods (as the case may be).

4.3 All prices quoted exclude VAT (unless otherwise stated). VAT will be charged where appropriate at the rate applying at the relevant tax point.

4.4 All prices quoted by Us exclude any applicable charges for delivery (unless otherwise stated in writing). If You are a consumer, all Our applicable charges will be notified to You in Our quotation or otherwise in writing prior to You entering into the Contract.

4.5 Business customers: Unless otherwise stated in writing, the price quoted by Us is an estimate only and based on the costs current at the date of quotation. The price charged to You under the Contract may be varied by Us to take into account costs current at the date of delivery or collection of the Goods.

4.6 Business customers: We reserve the right to levy additional charges if:

4.6.1 You require Us to deliver the Goods outside of Our normal working hours;

4.6.2 You require delivery of the Goods to be in part loads rather than full loads;

4.6.3 the delivery vehicle is unable for any reason to discharge its load within two hours of arrival at Your site;

4.6.4 You have purchased what are, in Our sole opinion (acting reasonably), substantially different quantities from those stated on Our Acknowledgement of Order;

4.6.5 We incur any additional costs including (without limitation) charges for disposal of Goods because You cancel or change any order;

4.6.6 We are unable to deliver any Goods to You through no fault of Our own, including (but not limited to) due to adverse weather conditions.

4.7 Business customers: Where payment is agreed to be made by instalments, any delay or default by You in making payment in respect of any one instalment will render all the remaining instalments due forthwith, and interest will be charged on any outstanding amounts in accordance with Condition 5.4.3 with immediate effect until the date of actual payment in full of such amounts.

5. Payment terms

5.1 Consumers: Unless otherwise agreed between Us in writing, You will pay Us in full for the Goods in cash or otherwise in cleared funds, including by credit or debit card prior to delivery.

5.2 Business customers: Subject to Us agreeing to You having a credit account, all amounts on Your credit account will be payable by You in full within 30 days of the end of the month in which the Goods were delivered, unless otherwise agreed by Us in writing.  If you do not have a credit account with Us You must pay the full amount in cleared funds before We will deliver the Goods or You collect them from Us.

5.3 Business customers: If You fail to pay any part of Your credit account in accordance with Condition 5.2, We may demand at any time that the total amount of all sums due to Us outstanding and unpaid will be payable in full immediately.

5.4 Business customers: If You fail to pay Us any amount due pursuant to this Contract in full on the due date then without prejudice to Our other rights:

5.4.1 We may suspend or cancel all future deliveries of Goods;

5.4.2 We may immediately cancel any discount or rebate previously agreed with You; and

5.4.3 such amounts will bear interest from the due date on a daily basis and compounded on the first day of each calendar month until payment is made in full, both before and after judgment at the statutory rate of interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.

5.4.4 the provisions of Condition 7.6 shall apply.

5.5 Business customers: If You have an approved business credit account, its credit limit will be the limit notified by Us (or on Our behalf) to You from time to time. We may withdraw or reduce the Your credit limit or bring forward its due date for payment at any time with immediate effect by notice to You in writing.

5.6 Business customers: All payments made by You under the Contract will be made in full without any set-off, or deduction for whatever reason unless to comply with a legal requirement.

5.7 Business customers: We may appropriate any payment made by You to such of the Goods (or any goods supplied under any other Contract between Us and You) as We may think fit (notwithstanding any purported appropriation by You).

6. Delivery

6.1 Business customers: Any times quoted by Us for delivery of all or any Goods are estimates only. We will use reasonable endeavours to deliver the Goods within a reasonable time, but the time for such delivery will not be of the essence. If, despite such endeavours, We are unable for any reason to fulfil any performance on the specified date, We will not be deemed to be in breach of this Contract so long as We continue to use reasonable endeavours to deliver the Goods as soon as possible. 

6.2 Consumers: If We fail to deliver, or the Goods are not ready for collection within a reasonable time following the agreed date then You may cancel the Contract immediately by giving Us written notice, except that You may not cancel if We receive Your notice after the Goods have been dispatched.

6.3 Business Customers: Subject to prior agreement with You, We may deliver all or any of the Goods in advance of the estimated date.

6.4 In the absence of any agreement to the contrary, delivery of the Goods will be made by You collecting the Goods at Our premises as soon as practicable following notification from Us that the Goods are ready for collection or, if some other place for delivery is agreed by Us delivering the Goods to that place.

6.5 Business customers: We may deliver the Goods in instalments.  Each instalment will constitute a separate Contract to which these Conditions will apply. Any failure by Us to deliver any one or more of the instalments or any claim by You in respect of any one or more of the instalments will not entitle You to treat the Contract as a whole as repudiated.

6.6 Business customers: If You fail to take delivery of or collect the Goods or fail to give Us adequate delivery instructions within 30 days after notification by Us that the Goods are ready We may (without prejudice to Our other rights and remedies):

6.6.1 store the Goods (on Our own or at any third party’s premises) and charge You for the reasonable costs of such storage (including, (without limitation) VAT costs of storage, carriage and insurance); and/or

6.6.2 sell the Goods at any time.

6.7 Business customers: Goods may be delivered from alternative sources of manufacture without prior notice.

6.8 Business customers: You or Your authorised employees, subcontractors, servants or agents must promptly:

6.8.1 provide all reasonable access and assistance to enable Us to deliver the Goods at Your premises (where applicable);

6.8.2 inspect the Goods before they are offloaded;

6.8.3 accept delivery of the Goods when they arrive on the site by signing Our delivery note; and

6.8.4 sign Our delivery note to notify Us of any delay in the delivery of the Goods on Your Premises, waiting time,  or drop charges.

6.9 We will not be liable for any damage to Your premises as a result of moving the Goods under Your express instruction, against Our advice, and/or where moving the Goods in the manner instructed causes such damage, unless such damage is due to Our negligence.

6.10 Business customers: If You have a complaint about the delivery or the quality of the Goods You must:

6.10.1 notify Us in writing of any under delivery  or damage in transit within 5 days of the receipt of the Goods;

6.10.2 notify Us in writing of any non-delivery within 14 days after the date of Your invoice;

6.10.3 note Your complaint on the delivery note and send Us the noted delivery ticket within two working days;

6.10.4 provide Us (and Our carrier) with reasonable access to Your premises at all reasonable times to inspect the Goods.

6.11 Consumers: You must examine the Goods as soon as reasonably possible following delivery or collection of the Goods and notify Us about any fault or damage in relation to the Goods as soon as reasonably possible.

6.12 In the event of any non-delivery short delivery or damage notified in accordance with this Condition 6 and accepted by Us We will at Our option either make good the whole or part of the price (and where relevant, as a deduction from any part of the price remaining unpaid) or by repair or replacement. Save as provided in this Condition 6.12 We will not be liable for any such non-delivery short delivery or damage in transit nor for any loss, financial or otherwise resulting directly or indirectly therefrom. In no event will We be liable to You in connection with any damage or loss in transit where delivery takes place at Our premises.  For the avoidance of doubt, if You are a consumer nothing in this Condition 6.12 shall affect Your statutory rights.

6.13 You must provide Us with reasonable notice, and in any event not less than 5 days prior to the agreed date of delivery, if You have any unusual delivery needs including where there is restricted or difficult access to the site to which the Goods are to be delivered.

6.14 Business customers: All returnable pallets, containers and packing materials will be charged for, but credit will be given if these are returned in a satisfactory condition to Our premises with carriage paid within 30 days following delivery of the relevant Goods.

6.15 Business customers: You may return concrete pipe jointing tackle, testing stoppers and lifting attachments (at Your risk) to the premises where these were delivered from. If We receive these in good condition and undamaged, We may refund You a proportion of the amount We charged You for them, up to a maximum of 70% of the original charge.

6.16 Business customers: If We agree to collect pallets or any other delivery equipment from Your premises, We will charge You for Our haulage and other transport costs for the collection required, even if the collection fails through no fault of our own.

6.17 We may decline to deliver any Goods if We reasonably believe that:

6.17.1 it would be unsafe, unlawful or unreasonably difficult to do so; or

6.17.2 Your premises (or the access to them) are unsuitable for the delivery vehicle or unsuitable for offloading the Goods.

6.18 Business customers: You will indemnify Us and Our hauliers against any liabilities, costs, damages, expenses and losses in respect of any damage or injury that occurs by the delivery vehicle entering, leaving or being present on Your premises, save to the extent that such liabilities costs, damages, expenses and losses are caused by Us or Our vehicle drivers negligence.

6.19 Business customers: You are responsible for complying with all health and safety requirements covering offloading, working at height and storage of the Goods. COSHH data sheets are available from our sales offices.

6.20 Business customers: You are responsible for ensuring that You comply with accepted British Standards and all relevant codes of practice whilst handling and storing the Goods on Your premises and using the Goods.

7. Risk and Title

7.1 Risk in the Goods will pass to You immediately on delivery to You or into custody on Your behalf or when You collect the Goods from Our premises, whichever occurs sooner.

7.2 Property in and title to the Goods will remain in Us until We have received payment of the full price (in cash or cleared funds) of:

7.2.1 all Goods which are the subject of the Contract; and

7.2.2 all other goods supplied by Us to You under any other contract whatsoever.

7.3 Business customers: Until property in and title to the Goods passes to You and subject to the right to use the Goods:

7.3.1 You will keep the Goods properly stored, protected and insured and separate from all or any other goods whether belonging to Us, You or any third party in such a way so that they remain readily identifiable as Our property;

7.3.2 You will be entitled to deal with the Goods, subject to Our right at any time forthwith to revoke Your power to deal with the Goods; and such power will automatically cease if an Insolvency Event occurs in respect of You; and

7.3.3 You will not make any modification to the Goods or their packaging or alter remove or tamper with any marks, numbers or other means of identification used on or in relation to the Goods.

7.4 Business customers: If before title to the Goods passes to You Your power to deal with the Goods terminates, then, provided that the Goods have not been resold, or irrevocably incorporated into another product, and without limiting any other right or remedy We may have, We may at any time require You to deliver up the Goods to Us and, if You fail to do so promptly, We and Our servants and agents are hereby irrevocably authorised without the need for consent of any third party but using only such force as may be necessary, to enter any of Your premises or of any third party where the Goods are stored in order to recover them.

7.5 If any of the foregoing provisions of this Condition 7 are determined by the courts to be invalid or unenforceable such invalidity or unenforceability will not affect the remaining provisions.

7.6 Business customers: While You owe money to Us, We have a right to keep any property We may hold of Yours until You have paid Us in full (a lien).

8. Warranty

8.1 We warrant that the Goods at the time of delivery or collection shall:

8.1.1 comply with their description on Our Acknowledgement of Order;

8.1.2 be of satisfactory quality and fit for their normal purpose; and

8.1.3 are free from material defects at the time of delivery .

8.2 We will:

8.2.1 make good at Our option by reimbursement of the whole or part of the price (and, where relevant, as a deduction from any part of the price remaining unpaid) or by repair or by replacement:-

a) any failure by the Goods to correspond with their Specification at the time of delivery or collect (except where any such failure is caused by You);

b) any defect developing under normal use of the Goods and due solely to faulty design (except where the design is supplied by You or on Your behalf) materials and/or workmanship;

provided that:

8.2.2 any failure to meet Specification is notified in writing to Us within 7 days from the date of delivery or (where the failure was not apparent on reasonable inspection) within a reasonable time after discovery of the failure and in any event such failure must be notified within 1 month after delivery;

8.2.3 any such defect in material workmanship will have appeared within 1 month after delivery and will have been thereupon promptly notified to Us in writing;

8.2.4 We will be under no liability in respect of any defect in the Goods arising from any drawings, design or Specification supplied by You;

8.2.5 We will be under no liability in respect of any defect arising from fair wear and tear, or other acts by You including without limitation wilful damage, negligence, lack of proper maintenance or servicing, abnormal working conditions, failure to follow Our instructions (whether oral or in writing), misuse or alteration or repair of the Goods without Our approval;

8.2.6 We will be under no liability until any monies due from You under the Contract have been paid in full; and

8.2.7 any Goods alleged to be defective are promptly made available to Us for inspection and, if so required by Us, are promptly returned at Your risk and expense to Your works for inspection.

8.3 Business customers: We give no other warranty (and exclude any warranty, term or condition that would otherwise be implied) as to the quality of the Goods or their fitness for any purpose.

8.4 Consumers: Nothing in these Conditions will reduce or exclude Your statutory rights relating to faulty or misdescribed Goods.

9. Specification

9.1 If We prepare the Goods in accordance with Your Specification or instructions, You must ensure that the Specification or instructions are accurate. You must ensure that Goods prepared in accordance with such Specification or instructions will be fit for the purpose for which You intend to use them.

9.2 We reserve the right to make any changes in the Specification of our Goods, which are necessary to ensure they conform with any applicable safety or other statutory requirements.

9.3 We also reserve the right to make without notice any minor modifications in our Specification, designs or Goods as We think necessary or desirable provided such modifications are not to the detriment of the Goods and do not affect their price.

9.4 Business customers: Any samples We provide are for illustrative purposes only. The Goods We deliver may differ from a sample in colour or texture. We cannot guarantee uniformity of any Goods.

9.5 Business customers: Lengths of pipes and weights of Goods are given for guidance only.

10. Return of Goods

10.1 Without prejudice to Condition 8.4 where You are dealing as a consumer We will accept the return of Goods from You only:

10.1.1 by prior arrangement (confirmed in writing);

10.1.2 on payment by You of an agreed handling charge (unless the Goods were defective when delivered or collected) to Us; and

10.1.3 if We deem, in our sole opinion (acting reasonably) that the Goods are fit for re-sale and in the same condition on their return as they were on delivery.

10.2 Business customers: We may at Our discretion collect Goods from You, which are surplus to Your requirements, on the following terms:

10.2.1 You must keep the Goods in all good and resalable condition;

10.2.2 We will subject to the provisions of this Condition 10 credit Your account with a minimum of 50% of the ex-works value of the collected Goods provided that such Goods are in a good and resalable condition;

10.2.3 You must pay our haulage and loading costs even if collection fails through no fault of Our own;

10.2.4 if Our costs of collection are more than the value of the Goods as set out in Condition 10.2.2, You must pay Us any excess with 30 days of the date of Our invoice to You for the same.

10.3 We will not accept the return of any Goods which have been damaged or used in any way.

10.4 You acknowledge that colour changes with some Goods are to be expected due to weathering over a period of time. This will vary according to the location and degree of exposure to prevailing weather conditions. This is particularly the case with darker colours.

11. Intellectual property rights

11.1 If any claim is made against You that the Goods infringe or that their use or resale infringes the patent, copyright, database right, design right, registered design, trade mark or other industrial or intellectual property rights of any other person or any claim is made in respect of passing off or unauthorised use of Confidential Information in relation to the Goods and/or their use or resale You will forthwith notify Us in writing and We will be given full control of any proceedings or negotiations in connection with any such claim.  You will give Us all reasonable assistance for the purposes of any such proceedings or negotiations and except pursuant to a final award, You will not pay or accept any such claim, or compromise any such proceedings without Our consent (which will not be unreasonably withheld).  You will do nothing which would or might vitiate any policy of insurance or insurance cover which We may have in relation to such infringement.

11.2 Business customers: If the Goods are to be manufactured or any process is to be applied to the Goods by Us in accordance with the Specification submitted by You, You will (without prejudice to Our other rights and remedies) indemnify Us in full against all loss, costs, damages, charges, expenses and other liabilities awarded against or incurred by Us as a result of or in connection with

11.2.1 any claim for infringement of any patent, copyright, database right, design right, registered design, trade mark or other industrial or intellectual property rights of any other person and/or for passing off and/or unauthorised use of Confidential Information which results from Our use of Your Specification;

11.2.2 any other liability of any kind to any third party including without limitation for defective Goods, personal injury or death to the extent that it arises from the Specification.

12. Export terms

12.1 Business customers: Any term or expression which is defined in the provisions of Incoterms 2010 (or any subsequent revision thereof) (the “Incoterms”) will import the respective obligations of Buyer or Seller into these Conditions.

12.2 Where the Goods are supplied by Us to You by way of export from the United Kingdom, the “Incoterms” of the International Chambers of Commerce which are in force at the time when the Contract is made shall apply.

12.3 This Condition 12 shall apply to exports (except where otherwise agreed in writing between us) notwithstanding any other provisions of these Conditions.

12.4 You are 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 due.

12.5 Unless otherwise agreed between us the Goods shall be delivered F.C.A. to the carrier and We shall be under no obligation to give a notice under section 32(3) of the Sale of Goods Act 1979.

12.6 You have the right at Your expense and by arrangement with us to inspect the Goods at our premises or at the point of shipment before shipment, except where otherwise agreed. If You do not exercise that right, then the fact the Goods passed our quality inspection will be conclusive proof that they were of the warranted quality. We are not liable for any defect in the Goods which would be apparent on Your inspection unless a claim is made before shipment. We are not liable for any damage during transit.

12.7 Payment of all amounts due to us shall be made as stipulated by Us unless otherwise agreed in writing.

13. Termination

13.1 Without prejudice to any rights and remedies available to Us, We will be entitled, forthwith on written notice to You either to terminate the Contract wholly or in part and/or any other contract with You or to withhold performance of all or any of Our obligations under the Contract and/or any other contract with You (and on the giving of such notice all monies outstanding from You to Us will become immediately due and payable) if:

13.1.1 any sum owing to Us from You on any account whatsoever is unpaid after the due date for payment (in which event but only in respect of business customers), We will have a general lien for any such sum on all and any of Your property in Our possession

13.1.2 if You are a consumer, You become bankrupt, insolvent, make any composition with Your creditors, have a receiver appointed under the Mental Health Act 1983 or die;

13.1.3 if You are a business customer, an Insolvency Event occurs in respect of You; or

13.1.4 You commit a material breach of any contract (including without limitation this Contract) with Us,

in the event of a suspension of performance, but only in respect of business customers, We will be entitled, as a condition of resuming performance, to require pre-payment, or such security as We may require.

13.2 Business customers: If Your order is cancelled for any reason, except due to Our negligence or default, You will pay Us for all Goods or stock (finished or unfinished) which We may then hold (or to which We are committed) under the order or any losses which we suffer as a result of such cancellation.

14. Liability

14.1 Nothing in these Conditions will operate so as:

14.1.1 to exclude or limit Our non-excludable liability in respect of death or personal injury caused by the negligence of Us, Our servants or agents;

14.1.2 to exclude the application of Section 12 of the Sale of Goods Act 1979;

14.1.3 to exclude or limit Our liability for fraudulent misrepresentation; or

14.1.4 to affect Your statutory rights You are dealing with Us as a consumer within the meaning of Unfair Contract Terms Act.

14.2 Business customers: Subject to Condition 14.1, We will not be liable to You (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) for any indirect loss or for any economic loss including (but without limitation) loss of profits, business, goodwill, reputation, revenue or business opportunity whether direct or indirect caused arising out of or in connection with any performance of the Goods or any breach of this Contract by Us.

14.3 Business customers: Subject only to Condition 14.1, Our liability under these Conditions will not exceed the price of the Goods giving rise to the loss or damage and the subject to the Contract.

14.4 Business customers: Except as set out in Conditions 8 and 14.1, We hereby excludes to the fullest extent permissible in law, all conditions, warranties and stipulations, express (other than those set out in the Contract) or implied, statutory, customary or otherwise which, but for such exclusion, would or might subsist in Your favour.

14.5 Business customers: You acknowledge that the above provisions of this Condition 14are reasonable and reflected in the price which would be higher without those provisions, and You accept such risk and/or insure accordingly.

14.6 Business customers: You will indemnify Us in full and hold Us harmless from all costs, damages, expenses, losses (including loss of profit, goodwill, opportunity, reputation and loss of production costs) and liabilities We may incur (directly or indirectly and including legal costs on a full indemnity basis) following any breach by You of Your obligations under these Conditions.

15. Waiver

Your rights and remedies in respect of the Contract will not be diminished, waived or extinguished by the granting of any indulgence, forbearance or extension of time by Us to You nor by any failure of or delay by Us in ascertaining or exercising any such rights or remedies.  Any release, waiver or compromise or any other arrangement of any kind (a release) by Us will not affect Your rights and remedies as regards any other party nor Our rights and remedies against You in whose favour it is granted or made except to the extent of the express terms of the release and no such release will have effect unless granted or made in writing.  The rights and remedies in this Contract are cumulative and not exclusive of any rights and/or remedies provided by law.

16. Force majeure

16.1 Neither party shall have any liability for any failure to perform or for any delay in the performance (other than as to payment) of any of its obligations under the Contract caused by any factor beyond its reasonable control. If You are a consumer You may cancel the Contract by notice to Us in writing If We are unable to deliver the Goods or make them available for collection due to any such failure to perform or delay.

17. General

17.1 The Contract and these Conditions will be governed by the laws of England. Any dispute arising out of the operation of the Contract or these Conditions will be subject to the exclusive jurisdiction of the English courts.

17.2 If any of these Conditions are unenforceable as drafted:

17.2.1 it will not affect the enforceability of any other of these Conditions; and

17.2.2 if it would be enforceable if amended, it will be treated as so amended.

17.3 Business customers: All brochures, catalogues and other promotional goods are to be treated as illustrative only. Their contents form no part of any Contract between Us and You should not rely on them in entering into any Contract with Us.

17.4 Any notice by either of Us which is to be served under these Conditions may be served by leaving it at or by delivering it to (by first class post or by fax) the other’s registered office, principal place of business, or if You are dealing as a consumer to Your home address. All such notices must be signed.

17.5 No Contract will create any right enforceable (by virtue of the Contracts (Rights of Third Parties) Act 1999) by any person not identified as the buyer or seller.

17.6 Business customers: The only statements upon which You may rely on in making the Contract with Us, are those made in writing by someone who is our authorised representative and either:

17.6.1 contained in our estimate (or any covering letter) and not withdrawn before the Contract is made; or

17.6.2 which expressly state that You may rely on them when entering into the Contract.

17.7 The Contract is personal to You.  You will not assign, transfer or charge Your rights or responsibilities under this Contract or any of them, [nor appoint any sub-contractor or agent] without Our prior written consent (such consent not to be unreasonably withheld or delayed).

17.8 The Conditions and the Contract will not constitute and will not be deemed to constitute a partnership between Us and You and You will not act or purport to act as agent for Us but solely as an independent contractor.

Tel: (01795) 425191
Fax: (01795) 420360
E-Mail: sales@miltonprecast.com

Milton Pipes Limited, Milton Regis, Sittingbourne, Kent. ME10 2QF