1.1 "MSG" means Matrix Sports Group Limited having its registered office at Hanover House, 14 Hanover Square, London, W1S 1HP (Company Registration Number is 06365480).
1.2 "the Customer" means the person, firm or other organisation to which the Product is sold subject to these conditions.
1.3 "the Product" means Quick Feet.
1.4 "the Price" means the price for the Product contained in Matrix Sports Group Limited current price list.
2. The Printed terms and conditions of any purchase order or other correspondence and documents of the customer issued in connection with this Agreement will not apply unless expressly accepted in writing by Matrix Sports Group Limited.
The Customer shall not sell, lease or otherwise dispose of or use the Product for money or any other material gain to or with any business, person or other organisation
4.1 All contracts of sale made by MSG shall be deemed to incorporate these Terms and Conditions which shall prevail over any other document or communication from the Customer.
4.2 Any amendments to these Terms and Conditions must be confirmed in writing by MSG.
4.3 Acceptance of delivery of the Product shall be deemed conclusive evidence of the Customer’s acceptance of these Terms and Conditions.
5.1 Should the Price change between receipt of order and dispatch the Customer will be notified and given the opportunity to cancel the order and receive a full refund.
5.2 The Price is inclusive of VAT and charges for packaging, postage, carriage and VAT shall be paid in addition to the Price.
6. Interest on Overdue Invoices
Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at 4% above Barclays Base Rate as varied from time to time.
7. Warranty and Liability
MSG warrants that the Product will at the time of delivery correspond to the description given by MSG. When this is not possible the Customer will be notified and given the opportunity to cancel the order and receive a full refund. All other warranties, conditions or other terms implied by statute or common law are excluded to the fullest extend permitted by law.
8.1 Where a specific delivery date has been agreed, and if this delivery date cannot be met, the Customer will be given the option to agree a new delivery date or receive a full refund.
8.2 Whilst every reasonable effort shall be made to keep any delivery date, time of delivery shall not be of the essence and MSG shall not be liable for any losses, costs, damages or expenses incurred by the Customer or any other person or company arising directly or indirectly out of any failure to meet any delivery date.
8.3 Delivery of the Product shall be made to the Customer’s address and the Customer shall make all arrangements necessary to take delivery of the Product whenever the Product is tendered for delivery.
9. Ownership and Risk
9.1 The risk in the Product shall pass to the Customer upon delivery of the Product or upon the Product being appropriated to the Customer but kept at MSG’s premises at the Customer’s request.
9.2 MSG remains the owner of the Product until it has been paid in full for the Product.
9.3 The Customer shall inspect the Product immediately upon receipt and shall notify MSG within seven days of delivery if the Product is damaged or does not comply with the Customer’s order. If the Customer fails to do this it is deemed to have accepted the Product.
9.4 Any Product in respect of which any claim of defect or damage is made shall be preserved by the Customer intact, together with the original packaging at the Customer’s risk and, either:
9.4.1 retained by the Customer for a reasonable period to enable MSG or its agent to inspect or collect the Product, or
9.4.2 at MSG’s option returned by the Customer to MSG who will refund the cost of postage and packaging to the Customer if the Product is in fact defective.
10. Cancellation and Returns
If it is agreed that the Product is to be returned:
10.1 a product return reference number obtained from MSG must be clearly shown on the returned parcel(s);
10.2 the Customer will be liable for the cost of remedying any damage to the Product returned where such damage has, in the reasonable opinion of MSG, been caused by the Product being inadequately packaged by the Customer, or through the Customer’s fault;
10.3 MSG reserves the right to make a handling and restocking charge of 25% on the Product that is returned if it was ordered in error and is no longer required.
11. Force Majeure
In the event that either Party is prevented from carrying out its obligations under a contract for sale as a result of any cause beyond its control such as, but not limited to, acts of God, war, strikes, lock-outs, flood and failure of third parties to deliver the Product then such Party will be relieved of its obligations and liabilities under such contract for sale for as long as such fulfilment is prevented.
12. No Waiver
MSG’s failure to insist upon strict performance of any provision of these Terms and Conditions shall not be deemed to be a waiver of its rights or remedies in respect of any present or future default of the Customer in performance or compliance with any of these Terms and Conditions.
In the event of any breach of these Terms and Conditions by MSG the remedies of the Customer shall be limited to damages which shall in no circumstances exceed the Price and MSG shall under no circumstances be liable for any indirect, incidental or consequential damage.
14. Law and Arbitration
These Terms and Conditions shall be governed by English law and any dispute arising out of or in connection with these Terms and Conditions shall be referred to arbitration in London in accordance with the Arbitration Act 1996 or any statutory modification or re-enactment thereof for the time being in force.