Terms and Conditions

In these conditions:

“Buyer” is purchaser of the goods

“Contract” is between the Seller and the Buyer for the sale and purchase of the goods, incorporating these conditions.

“Goods” are any products sold by the Seller.

“Seller” is Marathon Bags limited.

All Goods are sold by the Seller on the following Conditions which remain unless otherwise agreed in writing by the Seller.

1.Basis of the sale
The seller shall sell and the buyer shall purchase the Goods in accordance with the order acknowledgement which is accepted by the Buyer, subject to these conditions which govern the contract. By accepting the order acknowledgement the Buyer is acknowledging acceptance of this order and agreeing to take delivery of said goods as agreed.
a.Prices quoted in the Sellers price list are subject to change without notice. The price payable by the buyer will be the price as stated on the order acknowledgement.
b.The price for the Goods is exclusive of VAT and any applicable freight charges.
a.Any dates specified by the Seller for delivery of the Goods are intended to be an estimate, where possible the Seller will endeavour to meet the specified delivery dates.
b.The Seller will endeavour to despatch Goods in one consignment wherever possible, however multiple deliveries may be necessary.
c.Each delivery will be invoiced and should be paid for in accordance with the 30 day payment terms.
a.No liability for shortages or non-delivery shall be accepted by the Seller unless claims are notified within 3 days of receipt of the Goods.
5.Quality of Goods
a.Where possible the Seller will maintain colour & fabric continuity, however different batches and dyeing processes can provide variations in shade.
6.Return of Goods
a.The Seller will not accept return of any goods without prior communication with the Seller.
b.The Seller may replace or credit faulty goods once communication has been received.
7.Ownership of Goods / Title of Goods
a.The Goods shall be at the Buyers risk from the time of delivery but will remain the property of the Seller until all payment has been received in full.
b.The Seller may at any time when payment is outstanding retake possession of all the Sellers Goods in custody of the Buyer.
c.The Buyers right to hold or deal in any way with the Sellers Goods shall terminate automatically and the Seller shall be entitled to immediately recover the goods if:
i) The Buyer (if an individual) becomes bankrupt or is subject to a bankruptcy Petition or enters into any arrangement with creditors or,
ii) The Buyer (if a Limited Company) is subject to the appointment of an Administrative Receiver or goes into any form of Insolvency
iii) The Buyer authorises the Seller, it’s employees or agent to recover the Goods form the Buyers Premises.
a.Unless otherwise specifically agreed in writing by the Seller payment for the Goods is due to the Seller within 30 days of Invoice date.
b.Should payment not be paid within these terms the Seller can revoke any discounts applied to the Invoice.
c.The Buyer shall make all payments due in full as per the invoice without deduction for any counter-claim or refund; however credit notes should be applied.
d.Should the Buyer delay or withhold payment in full the Seller may change the terms of the Buyers account to Proforma payment account
e.Should the Buyer delay or withhold payment in full the Seller may withdraw any discounts applicable to the Buyers account
a.Any orders placed by the Buyer shall be treated as a firm commitment and cancellation will not be accepted unless agreed in writing by the Seller.
b.Call off orders are only accepted on the basis that the order is firm but quantities can be called off within a fixed period of time and are subject to being agreed in writing by the Seller.
c.The Seller will make all reasonable efforts to fulfil its obligations under such orders but shall not be liable for any cancellation, suspension or delay of such orders caused by events beyond control of the Seller.
These conditions and all transactions between the Buyer and the Seller shall be governed by English Law and any disputes arising will be resolved by the Courts of England.