Terms and Conditions of Sale for all sales within the United Kingdom of Great Britain and N.I.
All goods are supplied subject to the terms and conditions of sale shown below. No addition thereto or variation herein shall be made and no other terms shall apply unless agreed in writing by a director of Mark Mercer Electronics Ltd hereinafter called ‘The Supplier’.
1.ORDERS: The Supplier reserves the right to accept or reject orders and prices shall be those prevailing at the date of delivery unless otherwise stated on the supplier’s written quotation or written acceptance of order.
2. PRICE: The price for goods is quoted exclusive of delivery charges and of VAT. The Supplier reserves the right to vary the prices quoted to take account of variations in costs (including transport and any tax, fee or charge imposed by government or other authority or in the rate of duty payable on such goods or materials taking effect between dates of quotation and delivery).
(a) All accounts are payable on demand but in any case must be paid by a date which will ensure that the payment is received by the Supplier not later than the last working day of the month following the month during which the goods were dispatched.
(b) No discount may be taken unless by agreement and as stated on the invoice.
(c) Any costs incurred by the Supplier for debt recovery or reclamation of goods not paid for under the conditions of paragraph (a) shall be the liability of the Customer.
(d) Any charges made by banks or other agencies for the transfer of monies in payment for goods or services shall be the liability of the Customer. The amount paid by the Customer to any such agency must be such that the Supplier receives the full amount of the invoice.
4. DELIVERY: Although every endeavour is made to maintain delivery promises these shall be regarded as estimates only and the Supplier is unable to accept any liability whatsoever which may arise due to delayed dispatches or failure to deliver before the estimated date for delivery.
5. LOSS/DAMAGE IN TRANSIT: It is the Customer’s responsibility to examine goods received from the Supplier’s carrier and to inform the carrier if there is any damage by writing the word “damaged” on the delivery note before signing to acknowledge receipt of the goods. No claim for damage or non delivery will be entertained unless written notification is received by the Supplier within five days of the date of the invoice or other notification of dispatch of goods by the supplier. Goods received in damaged condition must be returned to the Supplier in the ORIGINAL PACKAGING within seven days of receipt. Where the packaging itself is damaged but still usable the damaged area must be indicated by marking with a felt tipped pen or other means to differentiate it from any further damage which might occur during the return transit. Where the packaging itself is severely damaged both the damaged goods and the damaged packaging must be packed so that further damage is not likely to be caused by the return transit. In all cases of damage a full description of the damage and where possible the circumstances in which it occurred must be sent to the supplier as early as possible.
6. FORCEMAJEURE (suspension of delivery): The Supplier reserves the right wholly or partially to suspend deliveries in the case of strikes, combinations of workmen lockouts, accidents or any circumstances beyond the Supplier’s control which may prevent deliveries being made in due time.
7. PROPERTY AND RISK:
(a) In cases where the Supplier has arranged the carriage risk shall pass to the Customer on the arrival of equipment at his premises or his specified destination and before off loading. In cases where the Customer has arranged the carriage risk passes to the Customer from the time that the goods pass through the Supplier‘s factory door.
(b) All goods supplied to the Customer remain the property of the Supplier until payment is received in full. Goods supplied under this clause may not be disposed of or sold to another party until payment is received by the Supplier.
(c) Goods supplied by the customer to the supplier on free issue for assembly into the suppliers product shall remain the property of the customer and remain at the risk of the customer. Any loss or damage sustained by whatever cause shall not be the liability of the supplier
8. GENERAL LIABILITY:
(a) The Supplier accepts no liability for any consequential loss, functional failure, expense or damage arising directly or indirectly from any defect or failure in the goods or from the use thereof or from any failure of any installer to install the equipment safely and securely. The Supplier accepts no liability for the fitting or failure to fit extra safety precautions such as wires or chains. Such items shall be at the discretion and expense of the installer.
(b) When goods are sold, loaned or hired subject to a guarantee in writing the liability of the Supplier shall be limited to the terms of such guarantee.
(c) Where the Supplier’s agent or employee offers information or advice to installers or sellers of equipment whether in writing or otherwise the Supplier will accept no liability for the result of any action of the Customer or the Customer’s agent in respect of such information or advice.
9. WARRANTY: Unless otherwise stated the Supplier guarantees to replace or repair at its discretion goods proved to its reasonable satisfaction to have failed within a period of twelve months of delivery by reasons of faulty design, materials or workmanship. In the case of the specific products D150QS and D250QS the period shall be twenty four months. Warranty claims can only be accepted from the customer named on the invoice for the goods and providing:
(a) Goods are returned to the Supplier, carriage paid, for inspection and rectification at our premises. In the event that the Customer requires the product to be replaced serviced or repaired elsewhere and the Supplier agrees to such work the Customer agrees to pay expenses incurred by the Supplier to include travelling expenses, subsistence and service engineers‘ time at the current rate.
(b) Goods returned to the Supplier for replacement or repair are accompanied by a full written report itemising the alleged defects.
(c) The goods have been stored, installed, maintained and used properly having regard in particular to the Suppliers‘ and other agreed specifications and instructions.
EXCLUSION : In the case of any failure of cameras, lenses, telemetry receivers, or motors not manufactured by Mark Mercer Electronics Limited the period of warranty is limited to that of the original supplier. This exclusion shall not apply in the case of D150QS and D250QS Domes. If the goods are no longer under warranty, the Customer may attempt to carry out basic repairs at their premises. Where this is not possible, they may ship the faulty equipment back to the Supplier, carriage paid, for repair. Where no fault is found, either for warranty or non-warranty repairs, the Supplier will invoice the Customer for testing the equipment and for the return carriage. The Supplier will pay for the return carriage only for repairs on faulty equipment carried out under warranty. If third party telemetry receivers are utilised at the customer’s behest then motor or gearbox or other mechanical failures will not be covered by warranty unless the control programme in use at the time of failure has been tested, approved and certificated by the supplier.
10. NON-STANDARD GOODS:
(a) Unless otherwise agreed, all goods are supplied in the standard finish applicable. Orders for any non standard or special finishes will be charged accordingly and cancellation or return will not be accepted.
(b) In the event that the Customer purchases a product which is supplied to the Customer’s specification and which is found to require additions or amendments due to that specification being incorrect or incomplete the Customer cannot treat this as reason for non payment. Work required to rectify such shortcoming will be treated as a separate contract for both the Customer and the Supplier.
11. RETURNED GOODS: Goods supplied in fulfilment of the Customer’s order but not required by the Customer for any reason may be returned only after prior agreement by the Supplier and provided that
(a) The cost of carriage is born by the Customer.
(b) The goods are returned in pristine condition in the original packing or packing of similar quality.
(c) The customer pays a handling charge to the Supplier of 10% of the net value of goods costing under £1000.00 (minimum charge £25.00) or 5% of the net value of goods costing £1000.00 or more
(d) Not more than sixty days has elapsed from the date of delivery. If goods are returned other than in compliance with these conditions the Customer is liable to pay for the goods returned.
12. CANCELLATION of ORDERS: Where an order has caused the supplier to perform work pertaining to the order such as special modifications, fitting of cameras, telemetry receivers or alternative items or finishes the customer shall be liable to pay for such extra work and for the dismantling of any assemblies and shall pay a handling charge as if the goods had been delivered and returned.
13. 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 nothing in the contract shall affect the rights of the Customer under such law.