Terms & Conditions for Merlin Industrial Products
Ltd
(Updated June 2010)
1.0
INTERPRETATION.
In these conditions the
following words have the following meanings:- "you"
means the person(s), firm or company who orders Products from Merlin Industrial Products
Ltd "Confirmation of Order" means an
e-mail sent by Merlin
Industrial Products Ltd to your e-mail
address as notified to Merlin Industrial Products Ltd,
confirming the details of your order for Products. "Contract" means any
contract between Merlin Industrial Products Ltd
and you for the sale and purchase of the Products, incorporating
these Conditions, excluding any contract for the delivery by Merlin Industrial Products
Ltd to you of the Products. "Delivery
Address" means the address notified to Merlin Industrial Products
Ltd for delivery of the Products in the
section in websites headed "Checkout" or via email. "Products" means
any products agreed in a Contract to be supplied to you by Merlin Industrial Products
Ltd
"Working Day" means all days other than Saturdays,
Sundays and public holidays.
2.0 STATUTORY RIGHTS.
2.1 These conditions do not affect your
statutory rights.
3.0 APPLICATION OF TERMS.
3.1 Each order for Products by you from Merlin Industrial Products
Ltd is an offer by you to purchase
Products subject to these Conditions.
3.2 Your order is not
binding on Merlin
Industrial Products Ltd until Merlin Industrial Products
Ltd accepts your order by sending a
Confirmation of Order to you by e-mail or (if earlier) delivers your
order to you.
3.3 You are responsible for ensuring that the terms
of your order are complete and accurate.
4.0 DESCRIPTION.
4.1 The description of the Products shall be as set out on
the websites. Where any Products are unavailable Merlin Industrial Products
Ltd reserves the right to supply
substitute products of an equivalent quality and price to those
displayed on the website only after prior consultation with you.
5.0 DELIVERY.
5.1 Merlin
Industrial Products Ltd shall deliver
the Products to the Delivery Address by a service contracted for the
purpose.
5.2 Merlin Industrial Products
Ltd will dispatch the Products to you
within a reasonable number of days of its sending you an acceptance of
your order.
5.3 If Merlin Industrial Products
Ltd are unable to dispatch your order
within the time period referred to in Clause 5.2 above you may contact
us and cancel the order. In that case Merlin Industrial Products
Ltd will refund any money paid by you for
the Products.
5.4 Merlin Industrial Products
Ltd will not be liable for any loss,
costs, damages, charges or expenses caused by any delay in the delivery
of the Products.
5.5
If Products are lost before delivery Merlin Industrial Products
Ltd liability shall be limited to
replacing the Products within a reasonable time or issuing a refund. You
must however notify Merlin Industrial Products Ltd
if Products you have ordered have not been received within [30] days of
your receipt of the Confirmation of Order.
5.6
Merlin Industrial Products Ltd must be advised
immediately or within 24 hours so that any claims can comply with the carriers terms and
conditions.
6.0 RIGHT
TO RETURN THE PRODUCTS.
6.1 You may cancel the
entire Contract for any reason during the seven-day period starting on
the day after you or the person to whom you have requested that the
Products be sent receives the Products. In these circumstances you can
obtain a refund from Merlin Industrial Products Ltd
equal to the amount of the price payable under the Contract (together
with any VAT thereon). You may not cancel part of a Contract.
6.2 If you exercise the right to cancel the Contract set out
in Clause 6.1 you are entitled to a refund from Merlin Industrial Products
Ltd of all amounts that you have paid
under the Contract (together with any VAT thereon) within 30 days of the
receipt by Merlin
Industrial Products Ltd of the notice of
cancellation.
6.3 You must return the
Products to Merlin
Industrial Products Ltd at the address
notified to you in the Confirmation of Order by [insert method] within
[3] days of giving notice of cancellation to Merlin Industrial Products
Ltd. You are required to take reasonable
care to ensure that the parcel, containing the Products, is received by Merlin Industrial Products
Ltd. You must pay the cost of returning
the Products to Merlin
Industrial Products Ltd.
7.0 RISK.
7.1 The goods shall be the Buyers risk as from delivery.
8.0 PRICE.
8.1 The price for the
Products shall be the price set out on the Merlin Industrial Products
Ltd website or Quotation at the time when
you place your order. If the Products are to be delivered to an address
on the English, Welsh or Scottish mainland and the total value of your
order (excluding VAT) is £150.00 or less, you may be required to pay an
additional handling charge of £15.00 in addition to the price for the
Products. If the Products are to be delivered to an address outside the
United Kingdom you are also required to pay an additional delivery
charge of an amount agreed between you and Merlin Industrial Products
Ltd and set out in the Confirmation of
Order.
8.2 If due to an error the
prices shown on the website is wrong, we will inform you of the current
price and give you the opportunity to cancel your order prior to
delivery of the Products.
9.0 PAYMENT
9.1 Payment of the price for the Products is due with your
order and Merlin
Industrial Products Ltd shall
not be obliged to deliver any Products until the full price has been
paid. Where payment is made by cheque, payment shall be deemed to be
made when Merlin
Industrial Products Ltd receives cleared
funds for the payment.
9.2 Any change in Payment Terms must agreed
prior to ordering.
10.0 QUALITY
10.1 Merlin Industrial Products
Ltd warrants that upon delivery the
Products will conform to the description on the Merlin Industrial Products
Ltd websites.
10.2 If any of the Products
do not conform with any of the warranty in Clause 10.1 ("Non
Conforming Products") then if you return the Non Conforming Products Merlin Industrial Products
Ltd will replace the Non Conforming
Products or refund the price excluding any amount charged for delivery
that you have paid for them.
10.3 Nothing in this Clause 10 shall
affect your statutory rights.
11.0 DATA PROTECTION
11.1 Merlin
Industrial Products Ltd will process all
personal data that it collects about you in accordance with the
provisions of its Privacy Policy in force from time to time. No
information collected will be offered to any other company under any
circumstances.
12.0 THIRD PARTY RIGHTS
12.1 A person who is not a
party to the Contract has no right under the Contracts (Rights of Third
Parties Act) 1999 to enforce any term of the Contract but this does not
effect any right or remedy of a third party which exists or is available
apart from that Act.
12.2 A person who
is not a party to the contract for delivery of the Products has no
right under the Contracts (Rights of Third Parties Act) 1999 to enforce a
term of the contract for the delivery of the Products but this does not
effect any right or remedy of a third party which exists or is
available apart from that Act.
13.0 LAW
13.1 The Contract between you and Merlin Industrial Products
Ltd shall be governed by English law and
subjective to the non-exclusive jurisdiction of the English courts.
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