1. General Terms These terms and conditions cover the sale of all products and services by McQuilkin & Company Ltd (company number: SC494641) of 6/8 Rennie Place, College Milton North, East Kilbride, G74 5HD to a customer in Scotland and any information and advice given whether charged for or not, unless otherwise agreed by McQuilkin & Co in writing. These terms and conditions apply to the exclusion of any other terms submitted by the customer or implied by trade, custom, practice or course of dealing.
1.1 Customer Accounts Customers must comply with McQuilkin & Company Ltd account application procedures. McQuilkin & Company Ltd reserves the right to reject or cancel orders where procedures are not met.
1.2 Products & Use
Products are intended for use in accordance with documentation and manufacturer specifications under the user’s responsibility. Specifications in catalogues are indicative only and may change without notice. Products cannot be used as active pharmaceutical ingredients (APIs) in human or veterinary medicine. Customers using products in regulated applications must ensure compliance with local laws and standards.
1.3 Ordering Orders
constitute an offer by the customer and are accepted only upon written confirmation by McQuilkin & Company Ltd. Additional terms in acceptance form part of the contract.
1.4 Prices/Charge
Prices may change to reflect market conditions and apply at shipment date. Customers will be notified of price changes and may cancel within five days if they do not agree. Prices exclude VAT, packaging, insurance, and transport. Minimum order charges may apply.
2.1 Payment Payment
in full is due within 30 days of invoice unless agreed otherwise. Interest on overdue sums is charged at 5% per annum above the Bank of England base rate. McQuilkin & Company Ltd may require advance payment if credit limits are exceeded and may set off amounts owed.
2.2 Delivery Delivery
is to the specified address after notification. Dates are estimates only. Products remain McQuilkin & Company Ltd property until paid in full. Orders may be delivered in instalments. Claims for shortages or errors must be made within 7 days of delivery; non-delivery claims within 7 days of invoice.
2.3 Return of Damaged
or Unsuitable Goods Returns require prior authorisation. Damaged goods: request within 3 days. Specification issues: request within 28 days. Other returns: request within 10 days; credit subject to 15% handling charge (minimum £30). Non-returnable items include open chemicals, perishables, expired goods, third-party deliveries, discontinued items, and items not purchased from McQuilkin & Company Ltd.
2.4 Supply of Services
Services will be provided with reasonable care and skill. McQuilkin & Company Ltd may amend specifications to comply with law or maintain quality. Customers must cooperate and provide necessary access and consents.
2.5 Health, Safety & Liability
Risk passes on delivery. Customers are responsible for safe handling and suitability checks. Products are not for human consumption unless stated. McQuilkin & Company Ltd limits liability for indirect losses; total liability capped at invoice value. Implied terms are excluded. Customers indemnify McQuilkin & Company Ltd against third-party claims.
3.1 Intellectual Property Rights
Customer shall ensure no infringement of third-party IP rights and indemnify McQuilkin & Company Ltd against claims. All IP arising from services belongs to McQuilkin & Company Ltd. Customer grants a licence for materials provided for contract performance.
3.2 Termination and Cancellation
McQuilkin & Company Ltd may terminate immediately for non-payment or insolvency risk. Customer cannot cancel after dispatch without written agreement and must pay costs incurred. Upon termination, all outstanding sums become payable. Rights accrued before termination remain enforceable.
3.3 Confidentiality
Both parties shall keep confidential all business and technical information except as required by law or for contract performance.
3.4 Compliance with Laws and Policies
Customer shall comply with all applicable laws and McQuilkin & Company Ltd governance documents. Breach entitles immediate termination. 3.5 Personal Information McQuilkin & Company Ltd processes personal data in accordance with its Privacy Policy and UK GDPR. 3.6 Governing Law This contract is governed by Scottish law and subject to the exclusive jurisdiction of the Scottish courts.