Partner Manufacturers - Product Information
Terms and Conditions
TERMS AND CONDITIONS OF SALE
The Seller is Mediatron Ltd, Unit 3 Kingston's Industrial Estate, Eastern Road, Aldershot Hampshire GU12 4YA UNITED KINGDOM. The Buyer is any person or company who buys or has agreed to buy Goods from the Seller. Goods means any goods provided by the Seller (or any instalment of the goods or parts) in accordance with the Seller's standard Terms & Conditions of Sale.
Conditions means the Standard Terms and Conditions of sale set out in this document. These Terms & Conditions of Sate supersede any previous Terms & Conditions of Sate of the Seller. Any variations of these Terms & Conditions must be confirmed in writing by the Seller and will not otherwise be valid. Any waiver by the Seller of these Terms & Conditions of Sale on any occasion shall merely act as a waiver on that occasion, and shall not affect the Seller's right to enforce these Terms & Conditions on any further occasion, no Terms & Conditions stipulated by the Buyer shall have effect unless otherwise agreed in writing from the Seller. Please note the Buyer accepts by these terms and conditions that the Seller may make a search with a credit reference agency, which will keep a record of that search and will share the information with other businesses. We may also make enquiries about the principal directors owner proprietors with a credit reference agency at any time in the interests of the business.
Unless otherwise stated any prices quoted by the Seller are:
(I) Exclusive of value added tax and any other taxes and duties,
(II) Exclusive of carriage, packaging and insurance,
(III) Exclusive of any release certificates, The Seller shall charge extra in respect of these items, Prices to the Buyer are subject to change without notice after the date of the Seller's acceptance' of the Buyer's order where the Seller has incurred increased costs due to currency exchange rate change, Import duty change, Increased freight charges. Increased prices from supplier or surcharges, Where agreed call-off are not adhered to, the Seller reserves the right to amend the price structure In accordance with quantities delivered. In any event the Seller retains the right to invoice at the price ruling at the time of delivery, The Seller reserves the right to amend prices to correct errors or omissions.
(iv) All prices quoted are on an ex works basis and valid for no more than 28 days, however the seller still reserves the right to give notice to the buyer and amend prices at any time before delivery.
Strictly net cash with order unless a credit account has been established with Mediatron Ltd. but payments must in any case be made no later than thirty days from the relevant invoice. We will exercise our statutory right to claim interest (at 8 per cent over the Bank of England base rate) and compensation for debt recovery costs under the Late Payment legislation if we are not paid according to our agreed credit terms, for the time being in force calculated on a daily basis. The Seller reserves the right to suspend deliveries where payment is not received in accordance with these Terms & Conditions of Sale, The Seller reserves the right at the Seller's complete discretion to refuse to establish a credit account for any Buyer, to refuse credit to any Buyer notwithstanding that a credit account may already have been established, and to withdraw credit account facilities, Without prejudice to the Seller's other rights. A minimum charge of ten pounds will be levied on all returned cheques. For security all initial or first time orders shall require upfront payment before the starting of a credit account shall apply.
All despatch dates are estimated and are not guaranteed and do not form a term of this contract. Whilst every endeavour will be made to comply with these dates, the Seller shall have no liability whatsoever for delay in despatch or delivery, or for any loss occasioned thereby. Late delivery does not entitle the Buyer to cancel the order, Any shortages, incorrect products and/or damages in delivery must be notified in writing to the Seller within two days of receipt.
TITLE & RISK
(a) Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery of the Goods.
(b) Delivery of the Goods shall be deemed to take place at the time the same are posted by Mediatron Ltd in a package addressed to the Buyer, placed in the hands of any delivery agent or service or, if the Buyer collects the goods, when Mediatron Ltd notifies the Buyer that they are available for collection.
(c). At the Seller's discretion, ownership of the Goods may not pass from the Seller to the Buyer until the Buyer has made a payment in full thereof (and any other monies owing to the Seller). If payment is not made in accordance with these Terms & Conditions of Sale, the Seller shall have the right (without prejudice to the obligation of the Buyer to purchase the Goods, and to any other remedy that may be available to the Seller) to retake possession of Goods not fully paid for, and to go upon any premises occupied by the Buyer.
Even if delivery has been made title and property ownership in the Goods shall not pass from the Seller until:
1. the Buyer has paid the agreed contract goods price including VAT in full; and
2. no other sums whatever shall be due from the Buyer to the Seller
3. Where the items to be supplied in terms of the contract are delivered in instalments this clause will apply to each instalment as if it formed the subject matter of a separate and independent contract.
(d) Until title / property ownership of the Goods passes to the Buyer in accordance with condition (c.1) the Buyer shall hold the Goods and each of them on a fiduciary basis as agent/bailee for the Seller. The Buyer shall store the Goods (at no cost to the Seller) separately from all other goods in its possession and marked in such a way that they are clearly distinguished or clearly identified as the Seller's property.
(e) Notwithstanding that the Goods (or any part of them) remain in the property of the Seller the Buyer may sell or use the Goods in the ordinary course of the Buyer's business at full market value for the account of the Seller. Any such sale or dealing shall be a sale or use of the Seller's property by the Buyer on the Buyer's own behalf and the Buyer shall deal as principal when making such sales or dealings. Until title/property ownership in the Goods passes from the Seller to the Buyer the entire proceeds of sale or otherwise of the Goods shall be held in trust for the Seller and shall not be mixed with other money or paid into any overdrawn bank account and shall be at all material times identified as the Seller's money.
(f) The Seller shall be entitled to recover said "Funds" Price (plus VAT) notwithstanding that title/property in any of the Goods has not been passed from the Seller.
(g) Until such time as title/property in the Goods passes from the Seller the Buyer shall upon request deliver up such of the Goods as have not ceased to be in existence or resold to the Seller. If the Buyer fails to do so the Seller may enter upon any premises owned occupied or controlled by the Buyer where the Goods are situated and repossess the Goods. On the making of such request the rights of the Buyer under Clause (e). shall cease.
(h) The Buyer shall not take or in any way charge by way of security for any indebtedness any of the Goods which are the property of the Seller. Without prejudice to the other rights of the Seller, if the Buyer does so all sums whatever owing by the Buyer to the Seller shall immediately become due and payable.
(i) The Buyer shall insure and keep insured the Goods to the full Price against 'all risks' to the reasonable satisfaction of the Seller until the date that property in the Goods passes from the Seller, and shall whenever requested by the Seller produce a copy of the policy of insurance. Without prejudice to the other rights of the Seller, if the Buyer fails to do so all sums whatever owing by the Buyer to the Seller shall at that time become due and payable.
(j) The Buyer shall promptly deliver the prescribed particulars of this contract to the Registrar in accordance with the Companies Act 1985 Part XII as amended. Without prejudice to the other rights of the Seller, if the Buyer fails to do so all sums whatever owing by the Buyer to the Seller shall then become due and payable.
Sub clauses a,b,c,d,e,f,g,h,i and j of this clause shall each be construed and receive effect as a separate clause of these conditions.
Unless otherwise stated, if any Goods being hardware are or become faulty or defective by reason only of use of defective materials or workmanship within a period of one year from the date of delivery. The Seller will at the Seller's option either refund the price of such Goods or replace or repair such Goods provided that the Buyer shall have notified the Seller of the fault or defect in the Goods, and shall have returned the faulty or defective Goods to the Seller, Other than set out in this Condition all warranties, conditions or other terms expressed or implied, statutory or otherwise, are excluded. Subject to the aforesaid the Seller shall be under no liability in contract or tort for any loss, damage, death or injury arising directly or indirectly out of the supply use or misuse of the Goods, to the Buyer or any third party.
ORDERS & SPECIFICATIONS
No order submitted by the buyer shall be deemed to be accepted by the seller unless and until confirmed by the sellers authorised representative.The buyer shall be responsible to the seller for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the buyer and for giving the seller any necessary information relating to the goods within a sufficient time to enable the seller to perform the contract in accordance with those terms. The quality, description and quantity of and any specification for the goods shall be those set out in the sellers quotation (if acceptable by the buyer) or the buyers order (if accepted by the seller). Where cable lengths are mentioned or worked to they are to a tolerance of +/- 10 % as is believed the industry standard for cable suppliers unless otherwise agreed to any other tolerance or specification. For any goods manufactured or any works carried out, the buyer shall indemnify the seller against all claims, loss, damages and expenses incurred or for any infringement of patent, copyright, design, trademark or other intellectual property rights for which the seller may become liable by following the requirements or specification supplied. The seller reserves the right to make any changes to the specification for goods, which are required to conform to, any statutory or safety requirements. Every effort is made to confirm the specification of products on our website as clear and correct, however in case of any product specification errors we also recommend that the manufacturer's latest published website specification is also checked for important specific points encase of product changes, modifications or additional information.
This clause applies if: - the buyer makes any arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purpose of amalgamation or reconstruction) or an encumbrance takes possession, or a receiver is appointed for any of the property or assets of the buyer, or the buyer ceases, threatens to cease, to carry on business, or the buyer reasonably apprehends that any of the events mentioned above is about to occur in relation to the buyer and notifies the buyer accordingly. If any of the above applies then without prejudice to any other right or remedy available to the seller, the seller shall be entitled to cancel the contract or suspend any further deliveries under the contract without any liability to the buyer, and if the goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary
Mediatron Ltd will not be liable to the Buyer or deemed to be in breach of contract because of any delay or non-performance directly or indirectly due to any cause beyond Mediatron Ltd 's reasonable control including without limitation lack of adequate instructions from the Buyer, Governmental regulations or requirements, Acts of God, unavailability of materials, work stoppages, strikes, slowdowns, boycotts or other industrial action and in such case may wholly or partially suspend shipment of Goods.
The failure on the part of Mediatron Ltd to exercise or enforce any rights conferred by the contract shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof at any time or times thereafter.
The invalidity of the whole or any part of any of these Terms & Conditions shall not affect the validity of the remaining part of the particular Term or Condition or the provisions of these Terms & Conditions.
BUSINESS CANCELLATIONS, RE-SCHEDULES & RETURNS
Business Procedures (Not applicable to Consumer customers)
Requests to cancel or re-schedule orders must be made in writing to the Seller. The Seller is under no obligation to accept such cancellations or re-schedules. Without prejudice, the Seller reserves the right to make a charge on the Buyer to recover costs upto 100% including loss of profit upto 100% incurred by the Seller due to such a cancellation or re-schedule. In addition in the event the seller is unable to cancel delivery from their supplier to charge upto 100% of those goods or services to the buyer including manufacturing, labour and or material costs. In the event of a partial cancellation of any order Mediatron Ltd. reserve the right to change / increase pricing on the remaining or other items. Goods cannot be returned for credit for any reason after 30 days from date of invoice. Returns are not accepted without an authorised returns RMA number, returns request form upon request.
Some items such as custom sets, custom made or BTO "Build to Order" are non-returnable and possibley non-cancellable once ordered and in process or manufacture. (This may also Include a lead time of 6-8 weeks)
Any return number issued is only valid for 30 days after which time goods cannot be returned with that number.
Any authorised goods returned for credit for any reason may be subject to an admin or restocking charge. Faulty items returned for repair or replacement will be unaffected by this as no fund credit would be required.
Goods are to be returned at the customers cost and must be sent by a carrier or postal service of sufficient value cover and in sufficient packaging as to protect the product. (Original packaging is preferred)
In transportation this method must also obtain a signature on delivery.
Unfortunately we cannot except liability for goods unless signed for by authorised personnel of Mediatron Ltd at our named official address.
CONSUMER CANCELLATIONS, RE-SCHEDULES & RETURNS
Consumer Procedures:(Not applicable to Business customers see business procedures)
In the case of goods consumers can cancel within 7 working days from after the day in which they receive the goods. This includes goods that are not faulty or damaged in any way. These goods and the packaging must be in undamaged and re-saleable condition so that a full refund of the product items original, purchase price can be made. This is provided that the goods were not specially made up to the customer's specifications in any way.
Goods cannot be returned for credit for any reason after 30 days from date of invoice.
Before returning any goods an official RMA Number must be obtained from Mediatron Ltd. This will allow us to deal with your return more efficiently and obviously identify your goods on arrival to our warehouse.
Please contact us either by telephone Tel: + 44 (0)845 899 8998 or Email firstname.lastname@example.org for any assistance. Goods are to be returned at the consumer's cost and must be sent by a carrier or postal service of sufficient value cover and in sufficient packaging as to protect the product in transportation, this service must also obtain a signature on delivery.
Unfortunately we cannot except liability for goods unless or until signed for by authorised personnel of Mediatron Ltd at our named official address.
If any goods are found to be damaged on delivery or appear to be faulty please contact us immediately before returning anything.
We can then provide a return RMA Number if required and record the fault, but sometimes identify the problem if you are in any doubt about the products function.,Goods are to be returned by the customer and must be sent by a carrier or postal service of sufficient value cover and in sufficient packaging as to protect the product. In transportation this method must also obtain a signature on delivery. Unfortunately we cannot except liability for goods unless or until signed for by authorised personnel of Mediatron at our named official address.
ADDRESS FOR ALL RETURNS
Contact us to receive your RMA number, and send the goods clearly marked with this number to:
Unit 3 Kingstons Industrial Estate,
For orders made within the UK, 20% VAT is added. All other orders should be made by contacting us directly.
Mediatron Ltd is committed to protecting all its customers, suppliers & associates by taking steps to always comply with any existing UK and new EU rulings. We have checked our procedures to maintain appropriate data protection processes in line with all current UK & EU law including GDPR.
This contract shall be governed by English Law and the English courts shall have jurisdiction in relation thereto.Using standard Ts and Cs helps make all parties aware of their rights and obligations from the outset and allow the parties to focus on agreeing the specifics of a particular order.