TERMS AND CONDITIONS
The following standard terms and conditions apply to every contract entered into by Mertech Switchboards Ltd (the Company) and cannot be altered except with the written consent of a director.
The Company means Mertech Switchboards Ltd
Customer means the purchaser of the Goods
Goods means any Goods and services supplied by Mertech Switchboards Ltd
Our factory means our works or yard at 39-49 Hastings St, Luton, Beds. LU1 5BE
The price at which the Goods are supplied shall be the price in the Company's quote, which is valid for 30 days. All prices are subject to VAT at the rate in force at the time of completion. The online store prices are shown included VAT and delivery to the UK mainland. The Company reserves the right to increase the price of the Goods to reflect any increase in the cost to the Company which is due to any factor beyond the control of the Company such as:
a) any increase in the cost price of materials and labour
b) any alterations made to drawings or specifications
c) Government Legislation, EC regulation
All prices are E & OE ILLUSTRATIONS. Photographs and other illustrations or advertising material produced by the Company are general representations of similar Goods but shall not be taken as necessarily representing the Goods, which form the basis of any contract.
DELAY IN DELIVERY OR COMPLETION
Any date named by the Company for delivery or completion is given in good faith and is intended as an estimate only and is not to be of the essence of the contract. The Customer shall nevertheless be bound to accept the Goods when available. The Company shall not be liable in any way in respect of late delivery, however caused nor shall late delivery be deemed to be a breach of contract.
Where the contract includes for Goods to be delivered by the Company, delivery shall mean delivered to the UK mainland address specified in the contract. Any machinery or special equipment required for unloading from our transport shall be at the Customers expense. All unloading is at the Customers risk.
As this product is made to order we do not offer returns. This means the Customer will not be able to return the product or have the payment reimbursed.
In the case of Goods for export outside of mainland UK the Customer, by arrangement, shall inspect the Goods at our factory before despatch. We shall not be liable in respect of any claim made after shipment (including damage sustained in transit).
The title to the Goods shall not pass to the Customer until the Company has received cleared payment in full of the price of the Goods. Until that time the Company shall be entitled to require the Customer to deliver up the Goods to the Company or to enter any premises where the Goods are stored and repossess the Goods.
RIGHTS OF THIRD PARTY
No person who is not a party to the contract between the Company and the Customer shall have any rights under that contract.
CANCELLATION OF PURCHASE ORDER
If the customer is to cancel a purchase order after agreement the customer will be liable to costs incurred to Mertech Switchboards Ltd plus additional 5% for administration charges
The Customer shall pay the price of the Goods within the time laid out in the quotation. The time of payment of the price shall be of essence to the contract and if the Customer fails to pay by the due time then the Company shall be entitled to:
a) cancel the contract or suspend any further deliveries to the Customer
b) receive interest at the rate of 3% per month above RBS Bank base rate
c) repossess any Goods in respect of which payment is overdue and the Customer hereby grants an irrevocable right and licence to enter at any time any premises owned or occupied by the Customer for the purpose of repossessing and removing the Goods and to sever them from anything to which they may be attached and the Customer will indemnify the Company against liability for any damage occurring during such repossession and removal Delay in using Goods or defects discovered shall not entitle the Customer to delay payment in full.
WARRANTY AND LIABILITY
The Company guarantees a warranty period of 12 months following the date of invoice providing that:
1) the Customer notifies the Company in writing of the claim within 7 days giving full details of the alleged defect
2) the Customer returns the Goods at the Customer's cost to the Company for inspection/testing as a result of which the claim is found to be justified
3) the Company is satisfied that the Goods were used in accordance with the operating/service manual provided by the Company and the Goods have been effectively maintained and not overloaded In the case of an alleged defect in a component not manufactured by the Company, the original supplier will judge the alleged defect. In the event of a justified warranty claim the liability of the Company is limited to, at the option of the Company, replacing or repairing the Goods or faulty components. Alternatively, at the sole discretion of the Company credit may be given. The Company will deliver the repaired or new parts to the Customer free of charge within mainland UK. The Company is to be under no liability regards direct or indirect consequences of any defects or for stoppages or loss of use or damage of any description.
If events beyond the Company's reasonable control prevent the Company from performing its obligations, the Company may without liability cancel the contract. Without prejudice to the foregoing such events include:
a) act of God, explosion, fire, flood, tempest or accident
b) war, threat of war, sabotage, terrorism, civil disturbance
c) acts, restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of governmental or local authority
d) strikes, lock-outs or other industrial actions or trade disputes (whether involving the Company or a third party)
e) difficulties in obtaining raw materials, labour, fuel or parts or power failure or breakdown in machinery
Risk in the goods shall pass to the customer upon delivery.
All contracts shall be interpreted according to the Law of England and any action arising out of a contract shall be presented in an English court.