1. Our Contract
These Terms and Conditions govern the supply of goods sold by M&M Controls | Unit 17 & 18, Barnes Wallis Way, Roundhouse Court, Buckshaw Village, Chorley, Lancashire - UK PR7 7JNE. (“we” and “us”) to the customer named on the order form provided on the M&M Controls website (“you”). Together with the completed order form, these Terms and Conditions constitute the entire and only agreement between us in relation thereto. Orders are subject to our acceptance. Quotations are without engagement and are subject to goods and/or services being available when the order is received. The vendor reserves the right not to complete an order if the purchaser’s credit worthiness subsequently proves unsatisfactory.
2. Orders We offer goods for sale through our website http://www.mandmcontrols.com/ , and our sales centre.
Prices advertised on the website are for online purchases only. 3. Payment
All our goods are offered to you on a payment with order basis and we accept most credit/debit cards. Our sales centres also accept cash and cheque. We will only accept your order if it is accompanied by payment in full including any carriage charges (if applicable). Terms of payment for credit account holders are promptly nett 30 (thirty) days from the end of the month of invoice unless otherwise agreed in writing by us and also always providing any account has been approved and opened. Payment of account on the due date is a vital condition of the contract. On placing an order (whether verbal or written) with M&M Controls with or without an official order number, the Purchaser or Purchaser’s employee will be deemed to have read and accepted the following statement:
“I am duly authorised by the applicant business to enter into this agreement on its behalf. We agree that payment of M&M Controls invoices will be made strictly in accordance with the credit terms stated thereon. We recognise that if payment of M&M Controls invoices is not made by the due date for payment, it will result in the matter being referred to the Credit Protection Association for recovery of the invoice debt. If so, we agree to indemnify M&M Controls against the costs that M&M Controls may incur in referring the matter to CPA to pursue the debt including CPA's current applicable fees for writing to us, any commission payable by you to CPA and all reasonable incidental costs of recovering the debt and interest (at 3% over the Base Rate in force on the date upon which the Invoice was raised) as applicable”
Additionally, we reserve the right to recharge preferential discounts given on overdue accounts together with any costs incurred in recovery of a debt, which has exceeded our payment terms. The property in the goods shall only pass to the purchaser when the whole of the price invoiced has been paid and until payment the purchaser shall hold the goods on trust for M&M Controls and the purchaser shall be responsible for all loss or damage howsoever caused. In the event of any sale or other disposition of the goods by the purchaser before the property in the goods shall have passed to the purchaser, the purchaser shall hold on trust for M&M Controls the whole of the proceeds of sale. If the purchaser defaults in the punctual payment of any sum owing to M&M Controls then M&M Controls reserves the right to the immediate return by the purchaser of all goods (or the documents of title thereto) in which the property has not passed to the purchaser. Furthermore the purchaser hereby authorises M & M Controls to recover the goods (or documents) and to enter any premises of the purchaser for that purpose. Any demand for or recovery of the goods (or documents) by M&M Controls shall not of itself discharge either the purchaser’s liability to pay the whole of the price and take delivery of the goods or M&M Controls right to sue for the whole of the price.
4. Despatch We will normally despatch your goods the same or following working day from receipt of your order. 5. Delivery We will deliver your order to any UK address. Our standard delivery uses a national carrier. We reserve the right to use an alternative carrier or delivery service without notice or refund. In most cases, you will receive your goods on the next working day following despatch. A valid signature will be required on delivery. In the unlikely event that you have not received all the goods within 21 days of the date of order, you must notify us immediately. See Delivery Information for more details. 6. Availability We endeavour to hold sufficient stock to meet all orders. However, on occasions of unexpectedly high demand we may unfortunately run out. If this happens we may delay despatch of your order until new stock is obtained. We also reserve the right, at our sole discretion, to supply or deliver a substituted product or refund you the price paid for such goods as soon as possible and in any case within 30 days. Quantities and measurements are approximate. Exact products may vary from the images shown and are subject to availability. You may contact us at any time to check on the progress of your order. 7. Cancellation The Customer may not cancel orders once accepted by M&M Controls, M&M Controls may, at its discretion and in writing, allow an order to be cancelled subject to M&M Controls recovering from the Customer the costs incurred by M&M Controls. In the event of cancellation of part of any order only, M&M Controls may invoice the Customer any difference in selling price per unit applicable to the quantity actually despatched up to the time of cancellation compared to the quantity ordered. 8. Returns/Refunds The customer may only return products to M&M Controls, and receive a credit or refund, on the following conditions:
1- The Customer must contact M&M Controls prior to the return of any products and obtain the prior consent of M&M Controls and obtain a returns number (to be quoted on all returned paperwork)
2- Return must be made within 30 days of the date of delivery (as stated on the delivery documentation). Products must be returned to M&M Controls in their original condition and packaging and in a condition which will enable them to be immediately fit for re-sale. Products must be returned to M&M Controls adequately packed and despatched freight prepaid, clearly labelled to: CUSTOMER RETURNS DEPARTMENT, M&M Controls | Unit 17 & 18, Barnes Wallis Way, Roundhouse Court, Buckshaw Village, Chorley, Lancashire - UK PR7 7JN.
3- The Customer must quote the invoice details or the M&M Controls reference number from the original despatch note, otherwise any credit given for the returned products will be based upon the lowest sales price; and
4- For products returned due to Customer error or no longer required and returned in accordance with 1 - 3 above a handling charge will be applied. This handling charge is dependent on product purchased, contact info@mandmcontrols.co.uk
5- Where the Customer returns products to M&M Controls not in accordance with 1 - 3 above (for example, after 30-days from the date of despatch or in an unfit state) M&M Controls will refuse delivery and return the products at the Customer's expense or may apply a handling charge which relates to the actual cost of reprocessing. This returns policy excludes calibrated products, non-stock stated products, extended range products and specially manufactured products. M&M Controls accepts no responsibility for any loss of or damage to products in transit from Customer to M&M Controls or for any items received by M&M Controls with them. 9. 12 Month Guarantee If any of the goods we supply fail to perform satisfactorily due to faulty materials or workmanship you may return them to us at any time during the first 12 months. In these circumstances, a refund will be made, provided full details are given in respect of the problem and details provided regarding the original purchase. Some of the products we sell carry longer manufacturers’ warranties; our guarantee is not intended as a substitute for the manufacturers’ warranty. 10. Age Restrictions Age restrictions apply to the supply of some goods. By ordering these goods you confirm that you are over 18 and that the person receiving the delivery is also over 18. 11. Unforeseen Circumstances We shall have no liability to you for any failure which is due to circumstances or situations which are beyond our control, such as strikes, wars, terrorism, power cuts, industrial disputes etc. 12. Force Majeure No party shall be liable for any failure to perform its obligations in connection with any action described in this Agreement, if such failure results from any act of God, riot, war, civil unrest, flood, earthquake, or other cause beyond such party’s reasonable control (including any mechanical, electronic, or communications failure, but excluding failure caused by a party’s financial condition or negligence). 13. Privacy Policy
This privacy policy sets out how “M & M Controls” uses and protects any information that you give “M & M Controls” when you use this website. “M & M Controls” is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
“M & M Controls” may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from [date]. What we collect
We may collect the following information: • Name and job title
• Contact information including email address
• Demographic information such as postcode, preferences and interests
• Other information relevant to customer surveys and/or offers
What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons: • Internal record keeping.
• We may use the information to improve our products and services.
• We may periodically send promotional email about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
• From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail.
• We may use the information to customise the website according to your interests.
Security
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. How we use cookies
A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website. Links to other websites
Our website may contain links to enable you to visit other websites of interest easily. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question. Controlling your personal information
You may choose to restrict the collection or use of your personal information in the following ways: • Whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
• If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at [email address]
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen. You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to [address]. If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.
We are committed to responsible data management and comply with the Data Protection Principals of the Data Protection Act 1998. We are committed to maintaining the privacy of our users and maintaining the security of any personal information received from you. Personal information provided by you is not available for sale or use by third parties, without your permission. 14. Liability Nothing in these Terms of Business is intended to affect your statutory rights or to limit our liability for death, personal injury or fraudulent misrepresentation resulting from our negligence. If you have notified us of a problem with the goods, we will either make good any shortage or non-delivery, replace or repair any goods that are damaged or defective upon delivery, or refund the full amount paid for the goods. We will not be liable for any loss of profits, administrative inconvenience, disappointment, indirect or consequential loss or damage arising out of any problem in relation to the goods and we shall have no liability to pay any money to you by way of compensation other than any refund we make under these conditions. We will not compensate for delivery delays or failures. 15. Law These Terms of Business will be interpreted and adjudicated under English law. 16. VAT
All UK purchase prices will be subject to VAT at 20% subject to changes in taxation. VAT No.383 4385 30.
HM Revenue & Customs
VAT TAX Exemption
What is meant by “an overseas person”?
This means a person or company who is not resident or registered for VAT in the UK, has no business establishment in the UK from which taxable supplies are made, or is an overseas authority.
If you or the company are registered in another EU country and VAT-registered, then you must provide us with your VAT number, and you are responsible for self-charging the VAT in your own country.
17. Design and Reproduction
All elements of the website are considered property. Reproduction in whole or part, without written permission, is strictly prohibited.
18. Returns Procedure This applies to the return of goods because they are faulty, damaged, incorrectly supplied goods or because of unsuitable substitution by us only. Steps to Follow: â— E-mail us at sales@mandmcontrols.co.uk to provide us with the invoice number and details of the item(s) to be returned.
â— Return the item in its original condition, including packaging and obtain proof of return from the carrier.
â— We will then despatch a replacement or process a refund once your return has been received.
â— If you need to return goods for any other reason than the above stated, it is your responsibility and cost to return the goods to us. Your statutory rights are not affected by the above.
19. Delivery - See Delivery Rates 20. Exports
M&M Controls has extensive experience of supplying goods for overseas. Email enquiries@mandmcontrols.co.uk for full quotations on deliveries outside of the UK. Contact us for further details of our exports procedure. |
