MB4IT Terms & Conditions
1. INTERPRETATION
1.1 In these conditions 'BUYER' means the person who accepts a quotation
of the Seller for the sale of the Goods or whose order for the Goods
is accepted by the Seller.
`GOODS' means the goods (including any instalment of the goods or any
parts for them) which the Seller is to supply in accordance with these
Conditions
`SELLER' means MB4IT whose office is at
45 briery Lane
SHREWSBURY
SY3 5DN
`CONDITIONS' means the standard terms and conditions of sale set out
in this document and (unless the context a otherwise requires) including
any special terms and conditions agreed in writing between the Buyer
and the Seller
`CONTRACT' means the contract for the purchase and sale of the Goods
`WRITING' includes facsimile transmission, electronic mail and comparable
means of communication.
1.2 Any reference in the Conditions to any provision of a statute shall
be construed as a reference to that provision as amended, re- enacted
or extended at the relevant time.
1.3 The headings in these conditions are for convenience only and shall
not affect their interpretation.
2. CONSUMER PROTECTION (DISTANCE SELLING) REGULATIONS 2000
2.1 The consumer is entitled to cancel the contract with the Supplier
up to 7 business days from the date after receipt of the goods. The
consumer is under a duty to restore goods to the supplier and in the
mean time take reasonable care of them. The consumer must pay for the
safe return of the goods to the Supplier, where the consumer does not
return the goods then the consumer must pay the Supplier all reasonable
charges to recover them.
The Supplier may deduct the cost of collecting the goods from any refund
if the consumer fails to return the goods.
The contract may only be cancelled in writing, either by fax or email,
a telephone call is not enough. Notice may also be served by using our
website under the Returns On Line section.
Where a consumer exercises the right to cancel under the cooling off
period, the goods should be returned or be available for collection
with 5 days of the notice being given.
Where the Seller has dispatched goods to the Buyer but the goods are
not delivered (due to the Buyer either refusing to accept or not be
available to take delivery) then the Seller shall refund the cost of
the goods minus any reasonable charges in recovering the goods.
3. ORDERS AND SPECIFICATIONS
3.1 No order submitted by the Buyer shall be deemed to be accepted by
the Seller unless payment has been taken by the Seller.
3.2 The quantity, quality and description of and any specification for
the Goods shall be those set out in the Seller’s quotation (if accepted
by the Buyer) or the Buyer’s order (if accepted by the Seller)
3.3 Any order that has been accepted by the Seller may be cancelled
before delivery or after delivery under the Distance Selling Regulations.
Cancellations must be made in writing by fax, email, writing to our
office or by the Returns on Line section of our website. Notification
by phone is not sufficient.
3.4 Any ammendments or cancellations to orders must be received in writing
by either fax/email. If no written confirmation is received then no
changes will be made to the order and goods will be delivered as per
the order.
3.5 Orders placed before 4:30pm on a business day will be processed
that day and will be delivered as per the requested delivery option
provided no additional security checks are required and all stock items
are available.
4. PRICE OF GOODS
4.1 The price of the goods shall be the sellers quoted price on the
website. Buyers shall make an offer to purchase the goods from the Seller
by placing an order on the website. This offer to purchase does not
constitute the sellers acceptance to supply the goods at the price shown.
The contract shall be made at the point where the Seller takes a payment
from the Buyer in total. Where there are delays in taking payment the
price of the goods can not be guaranteed. The Seller will notify the
buyer within 48 hours if the offer to purchase is not accepted.
4.2 Except as other wise stated under the terms of any quotation or
in any price list of the Seller, and unless otherwise agreed in Writing
between the Buyer and the Seller, all prices are given by the Seller
on an ex works basis, and where the Seller agrees to deliver the goods
otherwise than at the Seller's premises, the Buyer shall be liable to
pay the Seller's charges for the transport, packaging and insurance.
5. TERMS OF PAYMENT
5.1 The Seller shall not be bound to deliver the Goods until the Buyer
has paid for them. Payment shall be due before the Delivery date and
time for payment shall be of the essence.
6. ACCEPTANCE OF THE GOODS
6.1 The Buyer is deemed to have accepted the Goods once a reasonable
period of time has elapsed from date of delivery.
6.2 If the goods are thought to be defective after a reasonable period
of time has elapsed then a replacement or repair may be offered if the
goods are indeed found to be defective.
7. DELIVERY
7.1 The Seller shall make delivery of the Goods to the Buyer as agreed
by the Seller.
7.2 Any dates quoted for delivery of the Goods are approximate only
and the Seller shall not be liable for any delay in delivery of the
Goods however caused. Time for delivery shall not be of the essence
of the Contract unless previously agreed by the Seller in writing. The
Goods may be delivered by the Seller in advance of the quoted delivery
date.
7.3 The Seller may elect to deliver the Goods on different days by different
couriers. The Seller in the interests of convenience to the Buyer will
keep these instances to a minimum.
7.4 If the Buyer fails to take delivery of the Goods or fails to give
the Seller adequate delivery instructions at the time stated for delivery
(otherwise than by reason of any cause beyond the Buyer’s reasonable
control or by reason of the Seller’s fault) then, without prejudice
to any other right or remedy available to the Seller, the Seller may:
7.4.1 store the Goods until actual delivery and charge the Buyer for
the reasonable costs (including insurance) of storage; or
7.4.2 sell the Goods at the best readily available obtainable and (after
deducting all reasonable storage and selling expenses) account to the
Buyer for the excess over the price under the Contract or charge the
Buyer for any shortfall below the price under the Contract.
7.5 The Goods shall be delivered to the Buyer at the Buyer’s address.
The risk on the Goods shall pass to the Buyer upon such delivery taking
place.
8. WARRANTIES AND LIABILITY
8.1 All goods purchased will be supplied with a 12 month guarantee.
(Unless Otherwise Stated). In cases where the manufacturer has setup
a direct warranty relationship with the End User then that procedure
will be applied.
8.2 All Goods to be returned must first have the authorisation of the
Seller. Failure to obtain such authorisation may result in the rejection
of the return.
8.3 In the event that the manufacturer replacing or repairing the Goods
and the Seller receiving these Goods back from the manufacturer, the
Seller shall immediately despatch those Goods at his own cost to the
Buyer.
8.4 The Seller shall be under no liability in respect of any defect
arising from fair wear and tear, wilful damage, negligence, abnormal
working conditions, misuse or alteration of the Goods without the Seller’s
approval.
8.5 Any claim by the Buyer which is based on any physical damage or
defect in the quality or condition of the Goods or their failure to
correspond with specification shall (whether or not delivery is refused
by the Buyer) be notified to the Seller within 7 business days from
the date of delivery or (where the defect or failure was not apparent
on reasonable inspection)within a reasonable time after discovery of
the defect. If delivery is not refused and the Buyer does not notify
the Seller accordingly, the Buyer shall not be entitled to reject the
Goods and the Seller shall have no liability for such defect or failure
and the Buyer shall be bound to pay the price as if the Goods had been
delivered in accordance with the Contract. * We urge our customers to
sign for goods as "contents not checked" * if it is not possible to
check the goods whilst in the presence of the delivery driver.
8.6 Where any valid claim in respect of any of the Goods which is based
on any defect in the quality or condition of the Goods or their failure
to meet specification is notified to the Seller in accordance with these
Conditions, the Seller shall be entitled to replace the Goods (or the
part in question) free of charge or refund to the Buyer the price of
the Goods (or a proportionate price of the price), but the Seller shall
have no further liability to the Buyer. Where a replacement unit is
available a refund will only be offered within 30 days. Where a refund
is requested the item(s) must be returned to the Seller within 30 days.
8.7 Any item(s) returned to MB4IT will only be accepted if a returns
number is clearly marked on the outside of the package. Any item(s)
returned without a valid returns number on the outside may be refused.
9. CONFIDENTIALITY
9.1 The Buyer hereby acknowledges and confirms that the Buyer shall
keep confidential all information of a secret or confidential nature
(except for that which is already in the public domain) in relation
to the Seller or the Seller’s business which is disclosed to it or its
advisors by the Seller or its advisors and will not without the Seller’s
consent divulge such information.