MT
Electronics Ltd
Unit C Nexus Point
Gavin Way, Holford, Birmingham, B6 7AF
Tel: 0121 331 8970 Fax: 0121 331 8986
Homepage:www.mt-electronics.com
email: Sale@mt-electronics.com
Terms
and Conditions
- 1.
Definitions
"Company" means MT Electronics Limited
"Customer" means the customer of the Company
Company to the Customer
"Goods" means any goods forming the subject of contract
including the components of or parts incorporated in them.
- 2.
Conditions Applicable
- 2.1
These terms and conditions shall apply to all contracts for
the sale of Goods by the Company to the Customer.
- 2.2
Each quotation shall be deemed to be an offer by the Company
to supply Goods pursuant to these terms and conditions and
if a Customer shall place an order for Goods, subject to availability,
such order shall be deemed to be an acceptance by the Customer
of these terms and conditions.
- 2.3
No amendment to these terms and conditions will be valid unless
expressly confirmed in writing by the Company.
- 2.4
These terms and conditions supersede others terms and conditions
appearing elsewhere and shall prevail over and exclude any
terms or conditions stipulated or incorporated or referred
to by the Customer or his agents or any third party.
- 2.5
The Company may change these terms and conditions at any time.
- 3.
Price
- 3.1
The Company reserves the right to change the price of Goods
before despatch without notice.
3.2 Price lists and other advertising literature or materials
used by the Company are intended only as indications as to
price and range of goods offered and no price, description,
or other particulars contained therein shall be binding on
the Company.
3.3 All prices quoted are exclusive of VAT, insurance, carriage
costs and handling charges.
3.4 VAT will be charged at the rate appropriate at the date
of the sales invoice.
3.5 Small orders of invoice value (excluding VAT) of less
than ¡ê150.00 are subject to a minimum order surcharge of ¡ê10.00.
- 4.
Payment
- 4.1
The company will retain title to the goods supplied until
payment for the goods is received in full.
- 4.2
Payment is COD, cash, cheque, credit card, bank electronic
transfer and banker's draft. The total sales invoice shall
be due and payable on the date of the invoice unless credit
terms have been specifically agreed in advance. Where credit
terms are agreed the total sales invoice is payable from the
date of the invoice.
- 4.3
All payments made with credit card will be subject to a surcharge
of 2% on the total sales order.
- 4.4
All payments made with cheque will be subject to a surcharge
of 1.5% cheque insurance surcharge on the total sales order
if the Company is not able to obtain credit insurance in respect
of a Customer.
- 4.5
Payment of the total sales invoice and VAT shall be due and
payable on the date of the invoice unless credit terms have
been specifically agreed in advance. Time of payment shall
be of the essence.
- 4.6
The company reserves the right to charge interest on overdue
balances on a monthly basis from the date when payment becomes
due at a rate of 10% per annum. Interest will continue to
accrue until the Customer's liability is discharged in full.
- 4.7
It is the customer's responsibility to ensure all payments
are made on time, as non-payment, late payments or underpayment
can result in cancellation of the contract and/or the trading
facility being suspended.
- 4.8
All payments shall be payable by the Customer when due without
deduction, deferment, set-off or discount for whatever reason
whether for defective goods or otherwise. No claim or alleged
claim or counterclaim by any Customer shall be entertained
by the Company nor shall any liability attach to it unless
all payments due to the Company have been fully made.
- 5
Title
& Risk
- 5.1
In spite of delivery having been made, full title and property
to the Goods shall only pass to the Customer when full payment,
VAT, interest and charges in respect of the Goods and any
Goods previously supplied to the Customer have been paid in
full.
- 5.2
The Company shall be entitled to recover payment for the Goods
if it is not paid in full notwithstanding the Company has
retained title to the Goods.
- 5.3
Risk shall pass to the Customer immediately following despatch
of the Goods to our courier and no responsibility will be
accepted by the Company for damage or loss in transit.
- 6
Order
- 6.1
The description of the goods shall be that on the price list
and quotation.
- 6.2
The Customer is responsible for verifying the contents of
the sales invoice including the price, description and quantity
before purchasing. In the case of orders placed by telephone,
the Customer is responsible for verifying the sales order
before purchasing. In the absence of manifest error the sales
invoice or sales order in the case of telephone orders, be
deemed to have been accepted by the Customer.
- 6.3
The Customer is responsible for verifying suitability and
compatibility of the Goods before purchasing.
- 6.4
Under no circumstances shall the liability of the Company
exceed the price of each item and the Company shall be under
no liability whatsoever to the Customer or a third party of
any direct/indirect loss or damage (whether for loss of profit,
loss of business or expected loss of profit or business, depletion
of goodwill or otherwise), costs, expenses or any claims for
consequential compensation which arise out of or in connection
with the Contract.
- 6.5
Orders accepted by the Company but prior to despatch of the
Goods shall not be subject to change or cancellation by the
Customer without the consent of the Company and without reasonable
notice being given to the Company. A minimum of 20% of sales
order as handling charge and cost of carriage may be applied
to orders changed or cancelled.
- 7
Delivery
- 7.1
Delivery will be affected at the delivery address provided
by the Customer.
- 7.2
The delivery date is approximate only and not of any contractual
effect.
- 7.3
Delivery times are calculated in working days. A working day
is any day other than weekends and public holidays. Orders
placed after 4.30pm on a working day will be processed the
following working day. For deliveries by pallet, orders must
be processed before 2pm. Delivery time for deliveries by pallets
ordered after 2pm will be calculated as if the order is placed
the following day.
- 7.4
The Company will make every effort to deliver on the preferred
delivery date of the Customer. However, we cannot guarantee
delivery times due to factors beyond our control. Additional
delivery times are applicable for deliveries outside the United
Kingdom.
- 7.5
Time for delivery shall not be of the essence. The Company
will not be liable for loss or damage suffered by the Customer
through reasonable or unavoidable delay in delivery or despatch.
We will inform you if we became aware of delayed delivery.
- 7.6
Upon receipt of your order the Customer will be asked to sign
for the Goods received in good condition. In the case of delivery
by pallets the Customer must dismantle the pallet. If any
of the goods are missing or appear to be damaged sign for
the goods "DAMAGED" or "MISSING" and state
the quantity of the boxes damaged or received.
- 7.7
The Customer shall inspect the Goods on delivery and shall
within 24 hours notify the Company of any alleged shortage
in quantity, damage or failure to comply with description.
If the Customer fails to notify the Company within such time
then the Goods shall be conclusively presumed to be in accordance
with the Contract.
- 7.8
In the event of damage, delay or loss due to mishandling in
transportation, the Customer shall deal directly with the
common freight carrier.
7.9
The Customer shall instruct the Company with shipping instructions,
if no specific instructions are given, the Company will select
a reasonable delivery method to provide a timely delivery.
7.10 If after despatch of the Goods, the Customer deliberately
fail to take delivery (otherwise than by reason of circumstances
under control of the Company) then without prejudice to any
other right or remedy available to the Company, the Company
may:
- (a)
store the Goods until actual delivery and charge the Customer
storage costs and all carriage costs incurred by reason of
the Customer's failure to accept delivery and the Goods; or
(b) at the Company's discretion treat the Customer's failure
to accept delivery as cancellation of the Contract and resell
the Goods at the readily obtainable price after deducting
a minimum of 20% of the sales order as handling charge, all
carriage costs incurred by the Company, storage costs and
any shortfall below the price the Customer agreed to pay for
the Goods.
- The
Customer is responsible for returning the Goods to the Company
and bearing the cost of carriage to return the Goods. Care
must be taken to ensure the Goods are not damaged before the
Goods are returned to the Company.
- 8
Intellectual Property
- 8.1
The Customer acknowledges that rights in respect of trademarks,
trade names, copyrights, patents and other intellectual property
rights connected with the Goods do not pass to the Customer.
- 9
Goods specifications
- 9.1
The Company will not be liable for any loss or damage caused
by or resulting from any variation for whatsoever reason in
the manufacturer's specification or technical data and will
not be responsible for any loss or damage resulting from curtailment
or cessation of supply following such variation.
- 10
Warranty
- 10.1
Goods are warranted free from defects for a period of 12 months
from date of despatch. Should Goods become defective within
this period and the Customer has complied with the Procedure
for the Return of Goods set out below, the Company may at
its discretion repair or replace the defective item.
10.2 Stickers affixed on Goods should be treated as warranty
labels and should not be removed. Removing warranty labels
may void the Customer's warranty.
10.3 The warranty is void if the defect in the Goods arose
from fair wear and tear, in consequence of any act of neglect,
wilful damage, accident either by the Customer or third party,
use otherwise than as recommended by the Company, failure
to follow the manufacturer's instructions or manual, or unauthorised
alteration, repair, replacement or installation has been carried
out without the Company's approval.
- 11.
Defective Goods
- 11.1
The Company is not liable to repair or replace defective Goods
until it has had an opportunity to examine them and under
no circumstances will the Company replace Goods until all
defective Goods have been returned to the Company.
10.2 If defective Goods is to be repaired then the Company
may take such reasonable time to effect repair. The Company
will not be liable for any loss while the Goods are being
repaired or mted.
- 12.
Procedure for Return of Defective Goods
- 12.1
Obtain a Return Material Authorisation (RMA) form from the
Company, complete and return to the Company.
- 12.2
RMA forms must be completed in full by stating clearly invoice
numbers, dates, full description of the Goods and as much
information as possible about the fault with the Goods.
- 12.3
12.3The Company will issue a RMA number to the Customer after
4.30pm or within 24 hours after receipt of a duly completed
RMA form from the Customer whichever is the later. A RMA number
is valid for
- 14
days. Return goods will not be accepted without a valid RMA
number.
- 12.4
The Customer must return the defective item only within 7
working day of the RMA number being issued. A copy of the
RMA form must be included in the package and the RMA number
must be clearly marked on the outside of the package.
- 12.5
The Goods should be sufficiently packaged so as to avoid damage.
OEM Goods should be returned with appropriate anti-static
bags. Goods that are not sufficiently packed, particularly
CPU's and hard disks can suffer from physical damage, which
will void the Customer's warranty.
- 12.6
Damage to Goods caused by transit must be reported to the
Company within 24 hours of delivery. The Company will not
entertain claims after 24 hours.
- 12.7
The Company will not accept the return of CPU's with physical
damage or heavily scorched. Damage to cases must be reported
to the Company within 1 week of delivery. Damaged power supplies
and fascias may be returned without the case.
- 12.8
Goods are returned to the Company at the risk and cost of
the Customer. The Company will not accept damage to Goods
whereby packaging is insufficient. If Goods are returned to
the Customer, the Company will pay the cost of carriage to
return the repaired or replaced Goods.
- 12.9
In the event the Customer fails to comply with the Procedure
for Return of Defective Goods or the warranty is void, the
Company reserves the right to refuse the returns and impose
handling charges.
- 12.10
Goods received by the Company and are found to be incomplete
or not of the Company's origin will not be processed and the
Company will arrange for their return to the Customer at the
Customer's expense.
- 12.11
In the event Goods returned and subsequently mted and found
to be free of any faults the Company shall make a minimum
charge of ¡ê10.00 plus VAT to cover the cost of mting. The
Customer shall also pay for the return carriage charge. In
the event that payment has not been made within 21 days of
notification of the no fault found charge, the goods shall
be disposed of without any liability to the Customer.
12.12 The Customer can contact the Company's RMA on telephone
number 0121 331 8978 or by fax on 0121 331 8987. This line will
be closed between 1 - 2pm and after 4.30pm Mondays to Thursdays
and closed all day on Friday.
- 13
Force Majeure
- 13.1
The Company shall not be liable for failure to perform its
obligations in the event such performance is prevented or
hindered by reason of force majeure. Force majeure shall mean
all causes beyond the reasonable control of the Company.
- 14
Jurisdiction
- 14.1
This Contract is governed by the law of England and Wales.
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