Ts and Cs of business

Terms and conditions of business, applicable to all transactions

1. Prices and specifications

The company reserves the right to alter its prices as well as the specifications, types or qualities of the goods at any time prior to the delivery of the goods. Prices quoted are exclusive of VAT and refer to stipulated quantities only and will not necessarily hold good for other quantities.

All implied terms, conditions and warranties as to the quality or condition of the goods are excluded, however, provided the customer gives notice and substantiation of any defect of the goods within 24 hours of receipt of same (except for goods sold as defective), then the company will replace the defective goods or repay the customer a proportion of the price.

2. Responsibility

Responsibility for the goods shall pass to the customer upon delivery of the goods to the customer or the customer’s agent.

3. Terms of payment

Payment must be made only by cash at the time of purchase, unless credit has been previously agreed and arranged before purchase. Cheques will not be accepted without approved references or prior agreement.

Where credit facilities have been agreed the terms of payment shall be cash (net) payable by the customer to the company within 7 days of the date of invoice together with VAT where applicable at the appropriate rate. The company reserves the right at any time at its absolute discretion to revoke or vary any credit extended to the customer including the credit period referred to above and to charge interest at the rate of 2% above the published base rate from time to time of HSBC on any amounts not paid on the due date.

4. Reservation of title

All goods supplied by the company to the customer shall remain the property of the company until the entire purchase price and all other sums due by the customer to the company have been paid in full. If any amount owing by the customer to the company is overdue, the company may without prejudice to any of its other rights or remedies repossess and resell any or all of such goods and may enter the customer’s premises for that purpose.

Notwithstanding the provisions hereof all risks whether insurable or otherwise relating to the goods supplied by the company to the customer shall pass to the customer upon delivery.

5. Set off

The company shall be entitled at any time whatsoever, without notice to the customer, to set-off amounts due on any account whatsoever by the company to the customer against amounts due on any account whatsoever to the company by the customer.

6. Limitation of liability

The company shall have no liability for indirect or consequential loss, damage, injury or expense including loss of profit, however arising except in respect of death or personal injury occasioned by the company’s negligence.

7. General

In the event that any condition is only valid to the extent that it is reasonable (whether under statute or otherwise) the customer on purchasing the goods acknowledges that such condition is reasonable.

The company shall not be liable for any default due to any act of God, war, strikes, lock out, industrial action, fire, flood, drought, tempest or other events beyond its reasonable control.

8. Waiver

Failure or neglect by the company to enforce at any time any rights shall not be a waiver or prejudice the company’s rights.

9. Incorporation of terms and conditions

All businesses conducted by the company whereby the company sells goods shall be subject to the above, save as expressly varied, and shall form part of the terms of contract between the company and the customer. Clause 5 above shall apply to all contracts between the company and the customer under which the company has agreed to purchase goods from the customer.

M&W Mack Ltd is registered in England and Wales. Company registration number 447404
Registered office: The Fresh Produce Centre, Transfesa Road, Paddock Wood, Kent TN12 6UT

Enquiries regarding these terms and conditions should be directed to your primary sales contact in the first instance. In the event of dispute or query, please contact the Finance Director at The Fresh Produce Centre, Transfesa Road, Paddock Wood, Kent TN12 6UT. Tel: 01892 835577

Legal

Mack is a trading name of M&W Mack Ltd, a private limited company registered in England and Wales, with registered address 100 Fetter Lane, London, EC4A 1BN (registered number 00447404).

Disclaimer

The Mack website contains general information about Mack, and is for general information only. Mack will endeavour to keep the content of this website up to date but disclaims all liability for loss and/or damage that may result from its use. If you have any specific questions about Mack, please contact mail@mack.co.uk

Links to Third Party Sites

Please note that we provide links to third party sites and content for your convenience. However, the inclusion of such links does not imply endorsement by us of any content contained on the sites accessible via those links. Mack is not responsible for the content of such third party websites and hereby excludes all liability for any loss and/or damage that may be incurred by you as a result of your access and/or use of such content Please note that such third party content may be terms and conditions imposed by the third party owner of the content.

Links to Third Party Sites

The copyright in the contents of this website belongs to Mack. Accordingly, Mack reserves all rights. Copying of part or all the contents of this website without the prior written permission of Mack is prohibited except as set out below.

  1. You may print or download extracts of the printed text contained on this website for your own personal, non-commercial use and provided it is not incorporated (or to be incorporated or reproduced, whether in whole or in part) in any other work or publication;
  2. For the avoidance of doubt (but with the exception of c. below), no part of this website (or any of its contents) may be distributed, reproduced or otherwise communicated to the public whether in electronic form or hard copy for any commercial purpose.
  3. Information contained in the Press section of this website is permitted to be copied by journalists for publication.
  4. Links to the Mack website may not be included in any other website without our prior written permission.

PRIVACY POLICY

The following statement explains our policy regarding the personal information we collect
about you.

  1. Statement of intent
  2. Use and storage of your personal information
  3. Access to your personal information
  4. Users 16 and under

1. Statement of intent

From time to time, you will be asked to submit personal information about yourself (eg name and e-mail address etc) in order to receive or use services on our website. Such services may include newsletters and downloadable print-quality images. By entering your details in the fields requested, you enable Mack and its service providers to provide you with the services you select. Whenever you provide such personal information, we will treat that information in accordance with this policy. Our services are designed to give you the information that you want to receive. Mack will act in accordance with current legislation and aim to meet current Internet best practice.

2. Use and storage of your personal information

When you supply any personal information to www.mack.co.uk (eg. for job applications or information download) we have legal obligations towards you in the way we deal with that data. We must collect the information fairly, that is, we must explain how we will use it (see the notices on particular web pages that let you know why we are requesting the information) and tell you if we want to pass the information on to anyone else. In general, any information you provide to Mack will only be used within Mack and by its service providers. It will never be supplied to anyone outside these companies without first obtaining your consent, unless we are obliged or permitted by law to disclose it. Where personal information may be held for people who are not yet registered but have taken part in other www.mack.co.uk services (e.g. competitions), that information will be held only as long as necessary to ensure that the service is run smoothly. We will ensure that all personal information supplied is held securely, in accordance with the Data Protection Act 1998. If you are notified on the www.mack.co.uk site that your information may be used to allow Mack to contact you for “service administration purposes”, this means that Mack may contact you for a number of purposes related to the service you have signed up for. For example, we may wish to provide you with password reminders or notify you that the particular service has been suspended for maintenance. We will not contact you for promotional purposes, such as notifying you of improvements to the service or new services on www.mack.co.uk unless you specifically agree to be contacted for such purposes at the time you submit your information on the site, or at a later time if you sign up specifically to receive such promotional information.

3. Access to your personal information

You have the right to request a copy of the personal information Mack holds about you and to have any inaccuracies corrected. (We charge £10 for information requests.) Please address requests to: The Company Secretary, Mack, The Fresh Produce Centre, Transfesa Road, Paddock Wood, Kent TN12 6UT

4. Users 16 and under

We are unable to hold personal details for users under the age of 16 without their parent or guardian’s consent. Therefore if you are aged 16 or under, please get your parent/guardian’s permission beforehand whenever you provide personal information to Mack website.