Terms and Conditions
of Sales
1 INTERPRETATION
"Contract" means
any contract between the Company and the Buyer for the sale and purchase
of the Goods, incorporating these Conditions; "Goods" means any goods
agreed in the Contract to be supplied to the Buyer by the Company.
2 APPLICATION OF
TERMS
2.1 Subject to any
variation under condition 2.3 the Contract will be on these Conditions
to the exclusion of all other terms and conditions.
2.2 No terms endorsed upon, contained in the Buyer's purchase order,
or other document will form part of the Contract simply as a result
of such document being referred to in the Contract.
2.3 These Conditions
apply to all the Company's sales and any variation to these Conditions
and any representations about the Goods shall have no effect unless
expressly agreed in writing and signed by a Director of the Company.
2.4 Each order
for Goods by the Buyer from the Company shall be deemed to be an offer
by the Buyer to purchase Goods subject to these Conditions.
2.5 Each order
placed by the Buyer shall be deemed to be accepted by the Company unless
the Company notifies the Buyer, in writing, within 7 days that it does
not accept the order.
2.6 The Buyer must
ensure that the terms of its order and any applicable specification
are complete and accurate.
3 DESCRIPTION
3.1 All material
and specifications issued by the Company and any descriptions or illustrations
contained in the Company's catalogues or brochures are issued or published
for the sole purpose of giving an approximate idea of the Goods described
in them. They will not form part of this Contract.
4 DELIVERY
4.1 Unless otherwise
agreed in writing the Company will arrange carriage of the Goods to
the Buyer's premises in the UK.
4.2 Any dates specified
by the Company for delivery of the Goods are intended to be an estimate
and time for delivery shall not be made of the essence by notice. If
no dates are so specified, delivery will be within 30 days of the Buyer
placing an order for accessories and smaller items. All other products
will be delivered within 4-6 weeks of order. However delivery times
can vary.
4.3 Subject to
the other provisions of these Conditions the Company will not be liable
for any loss (including loss of profit), costs, damages, charges or
expenses caused directly or indirectly by any delay in the delivery
of the goods (even if caused by the Company's negligence).
4.4 If for any
reason the Buyer will not accept delivery of any of the Goods when they
are ready for delivery, or the Company is unable to deliver the Goods
on time because the Buyer has not provided appropriate instructions,
documents, licences or authorisations:
4.4.1 risk in the
Goods will pass to the Buyer;
4.4.2 the Goods
will be deemed to have been delivered; and
4.4.3 the Company
may store the Goods until delivery whereupon the Buyer will be liable
for all related costs and expenses.
4.5 The Company
will deliver to the ground floor entrance of the Buyer's premises and
unless agreed otherwise shall not assemble the Goods.
5 NON-DELIVERY
5.1 The quantity
of any consignment of Goods as recorded by the Company upon despatch
from the Company's place of business shall be conclusive evidence of
the quantity received by the Buyer on delivery unless the Buyer can
provide conclusive evidence proving the contrary.
5.2 The Company
shall not be liable for any non-delivery of Goods (even if caused by
the Company's negligence) unless written notice is given to the Company
within 30 days of the date when the Goods would in the ordinary course
of events have been received.
5.3 Any liability of the Company for non-delivery of the Goods shall
be limited to replacing the Goods within a reasonable time or issuing
a credit note at the pro rata Contract rate against any invoice raised
for such Goods.
6 RISK/TITLE
6.1 The Goods are
at the risk of the Buyer from the time of delivery.
6.2 Ownership of
the Goods shall not pass to the Buyer until the Company has received
in full all sums due to it in respect of:
6.2.1 the Goods;
and
6.2.2 all other
sums which are or which become due to the Company from the Buyer on
any account.
6.3 The Buyer's
right to possession of the Goods shall terminate immediately if:
6.3.1 the Buyer
has a bankruptcy order made against him or makes an arrangement or composition
with his creditors, or otherwise takes the benefit of any Act for the
time being in force for the relief of insolvent debtors, or convenes
a meeting of creditors or enters into liquidation except a solvent voluntary
liquidation for the purpose only of reconstruction or amalgamation,
or has a receiver and/or manager, administrator or administrative receiver
appointed of its undertaking or any part thereof, or a resolution is
passed or a petition presented to any court for the winding up of the
Buyer or for the granting of an administration order in respect of the
Buyer, or any proceedings are commenced relating to the insolvency or
possible insolvency of the Buyer; or
6.3.2 the Buyer
suffers or allows any execution, whether legal or equitable, to be levied
on his/its property or obtained against his/it, or fails to observe/perform
any of his/its obligations under the Contract or any other contract
between the Company and the Buyer, or is unable to pay its debts within
the meaning of section 123 of the Insolvency Act 1986 or the Buyer ceases
to trade; or
6.3.3 the Buyer
encumbers or in any way charges any of the Goods.
6.4 The Company
shall be entitled to recover payment for the Goods notwithstanding that
ownership of any of the Goods has not passed from the Company.
6.5 The Buyer grants
the Company, its agents and employees an irrevocable licence at any
time to enter any premises where the Goods are or may be stored in order
to inspect them, or, where the Buyer's right to possession has terminated,
to recover them.
7 PRICE
7.1 Generally the
price for the Goods shall be the price set out in the Company’s
catalogue published. The Company reserves the right to alter prices
and the prices charged will be those agreed between the Company and
the Buyer on the date of delivery.
7.2 The price for
the Goods shall be inclusive of any value added tax and exclusive of
all costs in relation to carriage which amounts the Buyer will pay in
addition. The Company may, at its discretion, agree to provide installation
and assembly services which will be charged in addition.
8 PAYMENT
8.1 Where the Buyer
has an approved credit account, payment of the price for the Goods is
due 14 days after the date of invoice.
8.2 Where the Buyer
does not have an approved credit account the Company will take the Buyer's
credit or debit card details at the time of ordering. If the Goods are
in stock at the time of ordering or will be delivered within 14 days
the Company shall forthwith deduct the price and all applicable charges
from the Buyer's account. If the goods are not in stock at the time
of ordering and will not be delivered within 14 days then the price
shall be deducted 7 days prior to delivery.
8.3 Time for payment
shall be of the essence.
8.4 No payment
shall be deemed to have been received until the Company has received
cleared funds.
8.5 Interest on
late payments will be charged at 5% above the base rate of Barclays
Bank.
9 LIABILITY
9.1 The Company
accepts liability as set out in this Clause 9 but not otherwise.
9.2 The Company
warrants that the Goods shall be of satisfactory quality and fit for
purpose. The Company does not exclude or restrict its liability for
breach of this warranty.
9.3 The Company
accepts liability for directly and reasonably incurred losses (other
than those which the Buyer could have reasonably avoided) caused by
the Company's failure to perform its services. However the Company's
liability is limited as set out in Clause 9.5 below.
9.4 The Company
does not exclude or restrict its liability:
9.4.1 for death
or personal injury caused by its negligence; or
9.4.2 for any liabilities
which cannot by law be excluded.
9.5 Other than
as provided in Clauses 9.2 and 9.4 the Company does not accept any liability
for business losses such as loss of revenue, business, contracts, anticipated
savings or profits, whether or not such losses are direct or indirect
and whether or not the Company has been advised by the Buyer of the
possibility of such potential risk.
9.6 If the Buyer
is a consumer, the Buyer's statutory rights are not affected by these
Terms and Conditions.
10 MATTERS OUTSIDE
THE COMPANY'S REASONABLE CONTROL
The Company shall
not be liable to the Buyer if the performance of any of its obligations
is delayed or prevented by any matter outside the Company's reasonable
control. Such matters include, but are not limited to, fire, flood,
lightning, extreme weather conditions, industrial disputes of any kind,
actions of local or national government, war, acts of terrorism or vandalism,
power outages.
11 CANCELLATION
(This clause only
applies to Buyers who are consumers)
11.1 The Buyer
may cancel an order by sending a written request to the Company within
7 working days of placing the order.
11.2 If the Buyer
cancels an order the Buyer must return the Goods during business hours
carriage paid in perfect condition in their original packaging to the
Company. If the Buyer fails to return the Goods within a reasonable
period the Company will charge for the cost of returning the Goods.
If the Buyer fails to return the Goods within a reasonable period, the
Company will charge for the cost of collecting the Goods.
11.3 If the Buyer
cancels in accordance with this clause, the Company will refund all
sums paid except those under Clause 11.2.
12 RETURNS
(This clause only
applies to Buyers who are not consumers)
12.1 If the Company has extended credit to the Buyer, the Buyer may
elect to have the option of returning the Goods within 14 days of receipt
of the Goods PROVIDED THAT the Buyer notifies the Company at the time
of placing its order that it wanted this option.
12.2 If the Buyer
wishes to return the Goods under Clause 12.1 it must notify the Company
immediately by fax or e-mail and return them to the Company within 14
days of receipt.
12.3 In all cases
(under Clauses 12.1 and 12.2) where goods are to be returned, the Buyer
must first telephone the Company to obtain a Returns Note and Number.
Goods must be returned during business hours carriage paid in perfect
condition in their original packaging with the Delivery Note and Returns
Note enclosed.
13 GENERAL
13.1 Each right
or remedy of the Company under the Contract is without prejudice to
any other right or remedy of the Company whether under the Contract
or not.
13.2 If any provision
of the Contract is found to be unenforceable it shall to the extent
of such unenforceability be deemed severable and the remaining provisions
of the Contract shall continue in full force and effect.
13.3 Any waiver
by the Company of any provision of the Contract by the Buyer will not
be deemed a waiver of any subsequent breach or default.
13.4 This Contract
shall be governed by English law subject to the exclusive jurisdiction
of the English courts.
Your Statutory Rights
At Manley Ergonomics.com
we want you to be satisfied every time you shop with us. Occasionally
though, we know you may want to return items.
Refunds or exchanges
can be made within 14 days of delivery if not completely satisfied with
the product. Please package the relevant item(s) securely and send it
to us with their original packaging and relevant documents so that we
receive it within 14 working days of the day after the date that the
item was delivered to you.
For your protection,
we recommend that you use a recorded-delivery service if the value of
the return is more than 50 GBP.
Please note that
you will be responsible for the costs of returning the items to us unless
we delivered the item to you in error, or if the item is damaged or
defective. If we do not receive the item back from you with the delivery
slip, we may arrange for collection of the item from your residence
at your cost.
You should be aware
that once we begin the delivery process you will not be able to cancel
any contract you have with us for additional services carried out by
us (eg: Assessments and Fittings).
As soon as we receive
notice of your cancellation of this order, we will refund the relevant
part of the purchase price for that item. We are unable to refund any
priority, express or courier component of the postage charge.
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