Terms & Conditions
Sale of Goods and Services
Application and Variation
These terms and conditions shall apply to all contracts for the internet sale of goods and services by Metartec Limited and shall not be varied or superseded except by agreement with Metartec Limited expressed in writing.
Definitions
In these conditions the following words shall have the following meanings except where the context requires otherwise:-
- “Supplier” shall mean Metartec Limited.
- “Customer” shall mean the person purchasing, using or receiving the goods or services and shall include the plural where the context of the contract so requires.
- “Contract” shall mean the agreement between the user and the supplier, howsoever made and shall include all documents to which reference may be properly made in order to ascertain the rights and obligations of the parties.
- “Contract Price” shall mean the sum named in the contract as the contract price.
- “Acknowledgement” shall mean the agreement by the Supplier to proceed with the contract, its scope and price as provided by the Supplier to the Customer.
- “Site” means the place to which or at which the goods or services are to be supplied.
- “Offer” shall mean the information quoted on our e-commerce website to the Customer by the Supplier setting out the prices and terms and conditions and other information upon which the Supplier is prepared to enter into a contract with the Customer.
Validity
All prices and terms and conditions quoted on our e-commerce website may be changed by us without notice. All orders are accepted for delivery at the price and in accordance with the terms and conditions ruling at the date of acceptance of the order.
Acceptance
Acceptance by the Customer of the Supplier’s offer (in the form of the prices and terms & conditions quoted on our e-commerce website) shall be in electronic form via our e-commerce website only.
Packing
Unless otherwise stated, all packing materials shall be included in the Contact Price and it shall be the responsibility of the Customer to dispose of these in an environmentally friendly and legal manner. However, the Customer should retain all packaging in good condition should there a need to return goods to the Supplier.
Health and Safety
The Customer must comply with all instructions, information and warnings issued with any goods supplied and ensure that such documentation is available to any other person using the goods.
Contract Price
The Contract Price shall be the price for the goods or services supplied or to be supplied by the Supplier to the Customer as specified in the offer and as accepted by the Customer. No set-off in respect of any other contract shall be made by the Customer. The contract price shall become payable net cash with the order.
Completion
The contract shall be deemed to have been completed when the goods or services have been delivered or supplied to the address as specified on the order by the Customer.
Performance and Liability
We accept no liability for failure to attain any performance figure unless we have specifically guaranteed that figure.
Terms of Payment
The Customer will pay to the Supplier the full Contract Price net cash with order.
Title
Title to the goods shall pass to the Customer upon payment in full of the Contract Price by the Customer to the Supplier.
Delivery
Prices quoted on our e-commerce website are for goods delivered within the United Kingdom, with any specific delivery charges as quoted on our e-commerce website. Any date or period named by us for delivery is given in good faith as an estimate only, whilst we will endeavour to dispatch within the period stated, such date or period is not to be the essence of the contract, and the customer shall be bound to accept the goods ordered when available.
Unless we have specifically given an undertaking in writing with an agreed sum as liquidated damages for late delivery, we shall not be liable in any way in respect of late delivery however caused, and in any event any liability shall be strictly limited to the liquidated sum so specified. Where the price includes delivery, we shall repair or replace free of charge goods damaged in transit provided the Customer sends to the carriers and ourselves written notification within 3 days in the case of damage or shortage and within 21 days of despatch in the case of non-delivery. The Customer shall inspect the goods immediately on delivery thereof and give written notice to us of any discrepancies or matters arising. Any claims made by the Customer against us under the terms and conditions of our warranty (below) must be substantiated to our satisfaction and we may refuse to replace repair or refund in respect of any alleged faulty item until sufficient evidence of the validity of the claim has been presented. If any purchased items are to be returned, allowance will only be made for same when they have been received back at our premises in good condition and carriage paid. It is our responsibility to load vehicles with goods at our works, but is the Customer's responsibility to offload all goods at their destination and to ensure the safe access to a level unloading area is available. Any damages sustained during offloading is the responsibility of the Customer.
Warranty
Supplier will make good, either by repair or by the supply of replacement goods at the Supplier’s option, defects which, under proper use or, where applicable, proper storage conditions, appear in the goods or works supplied by the Supplier within twenty four calendar months of the date of Completion of the Contract, unless otherwise quoted by the Supplier provided that such defects shall have been notified to the Supplier within seven working days of their occurrence and shall have arisen from the use by the Supplier of faulty or inadequate design or materials or from the negligence by the Supplier in carrying out the Contract. The benefit of this warranty shall be assigned to the initial purchaser of the goods, and is not transferable. We do not accept liability for financial or consequential losses, expenses or damage occasioned by defects in manufacturing or arising from any other cause. In the event that the Supplier elects to replace the goods the Customer shall be responsible for shipping the faulty ones, CIF, to the Supplier’s premises or to such place as the Supplier shall nominate. Upon receipt of the goods, the Supplier shall refund the CIF cost to the Customer in full.
Customer’s Liability
Product/equipment is supplied only for the purpose for which it is specifically designed and which is clearly defined in the appropriate brochure or manual or as specified on our e-commerce website. We do not accept liability for damage or injury caused as a result of the product/equipment being used incorrectly or for any other purpose. In view of the many factors outside our control in respect of performance of equipment, the Customer is entirely responsible for the type of product/equipment purchased and for the capacity of the product/equipment to deal with the proposed application. We do not accept any liability for incorrect calculations, incompatible designs or advice which may result in the product/equipment supplied not being suitable for the purpose for which it was purchased.
Patents, Copyright etc.
The Supplier will indemnify the Customer against any infringement of Letters Patent, Copyright (published at the date of the Contract), Registered Design or Trade Mark which may occur by the use or sale of any article or product supplied under the Contract and any damages which the Customer may become liable in any such action. Provided always that this indemnity shall not apply to any infringement which is due to the Supplier having followed any design or instruction or used any materials furnished by the Customer or to the use or for a purpose in a foreign country in a manner not disclosed to and approved by the Supplier. Further the indemnity shall not apply to any use or combination with any other material not furnished by the Supplier. Provided also that this indemnity is conditional upon the Customer having given to the Supplier at the earliest possible time, notice in writing of any claim being made or threatened or brought against the Customer and on the Customer permitting the Supplier at the Suppliers expense and sole option to conduct any litigation that may ensue and all negotiations for a settlement of the claim. The Customer on its part warrants that any design or instruction shall not be such as to cause the Supplier to infringe any Patent, Copyright, Registered Design or Trade Mark in the execution of the Customer’s order and will indemnify the Supplier against any such infringement of Intellectual Property Rights arising from such order.
Force Majeure
If the performance of the Contract shall be delayed or rendered impossible or illegal by any situation not under the control of the Supplier, the time for performance shall be extended or the contract considered terminated at the Supplier’s sole option.
Legal Construction
Unless otherwise agreed in writing the Contract shall in all respects operate as an English contract and in conformity with English law and the English courts shall have exclusive jurisdiction over any matters arising from the Contract.