WE STRONGLY ADVISE YOU TO READ OUR TERMS AND CONDITIONS BEFORE CONFIRMING YOUR ORDER. BY CONFIRMING YOUR ORDER YOU HAVE ACCEPTED THESE TERMS AND CONDITIONS AND YOU ALSO ACCEPT THAT YOU HAVE HAD AN OPPORTUNITY TO CHECK WITH US ON THE MEANING OF ANY TERMS YOU ARE NOT SURE ABOUT, WHICH YOU ARE WELCOME TO DO BY EMAIL.
DO NOT CONFIRM YOUR ORDER IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS.
THESE TERMS AND CONDITIONS APPLY TO ALL ORDERS RECEIVED BY US, WHETHER
PLACED VIA OUR WEBSITE, IN WRITING, BY TELEPHONE OR VIA A COMPANY PURCHASE
ORDER.
1. The contract between you and us
These terms and conditions govern all transactions between you us for any sale by us to you. They do not affect or limit your statutory rights under UK Law, nor are they intended to.
These terms and conditions, together with the prices displayed on our
web site, delivery details, contact details and any document expressly
referred to in these terms and conditions, set out the whole of our agreement
relating to any sale by us to you, whether you place your order through
our website or in another way.
To buy from us using a credit or debit card, you must be at least 18 years
of age.
When you place an order to purchase from the site, and we have approved
your payment details, we will at our discretion accept your order.
Our acceptance of your order creates a legally-binding contract between
us ("your Contract"). We accept your order when we process
your order, that is we raise an invoice to you for their cost.
We are under no obligation to accept your order.
2. Availability and Description of Products
All drawings, picture and descriptive material, specifications and advertising
on our web site are for the sole purpose of giving an approximate description
of the goods or services in order to assist your purchasing decision.
Everything advertised is strictly subject to availability. While we try
to despatch the same day your order is received, this may not always be
possible, but we will use our best endeavours.
Our offer for sale is based on our website product descriptions, pricing,
and Terms and Conditions. If you place an order with us by telephone,
email, or via a Purchase Order you accept these Terms and Conditions by
doing so. All orders are accepted according to our Terms and Conditions,
notwithstanding any of your own Terms and Conditions you may seek to apply
and acceptance of your order does not imply acceptance of any Terms and
Conditions other than our own.
We do not provide Quotations. Our product offer and pricing is made available
to you via the website. If you require a written quotation different,
higher, pricing will be applied to cover the resources required to provide
the quotation. Lowest pricing can be achieved by placing orders via our
website. Quotations are valid for the date on which they are written for
24 hours and subject to stock.
Orders are dealt with on a first-come first-served basis according to
the time received by our website. Web orders have priority over orders
received by other means.
3. Price, and cancellation by us
The price payable for goods or services will be stipulated on
our web site at the time you place your order. We will contact you if
we need to charge more for some reason and give you the option not to
buy. If our price has dropped, we will charge you the new lower price.
The price is shown with and without VAT for your convenience.
Delivery charges are extra.
We reserve the right to cancel your order if:
- we have insufficient stock to deliver the goods you have ordered in
an acceptable time scale
- one or more of the items ordered was listed at an incorrect price for
whatever reason
- your payment is refused, not authorised or declined by your credit card
provider.
- If we do cancel your order, we will notify you by e-mail and we will
refund to your card what we charged.
We are not obliged to offer any additional compensation for any disappointment
suffered because we did not supply you, for whatever reason.
4. Cancellation of the Contract by you
Before we despatch: you can cancel by email, by letter or by
phone. If we';ve already charged your card but the consignment has not
left us, we';ll refund your card immediately.
After we've despatched: you have a legal right to cancel your order within
14 days (10 working days) of placing it. You must notify us
in writing (email is acceptable) and we will advise you that we
are ready to receive the goods back. You must then return the goods
within 14 days after they arrived, at your own expense, in the same
condition that they arrived, and in resaleable, unmarked, condition. All
packaging must be included in the product return. Where packaging had
to be destroyed to access the product damage to pacaking is acceptable.
Where it is possible to repack goods without damaging the packaging and
the packaging is returned damaged we may regard the [roduct as insaleable.Our
decision regarding the saleability of the returned items will be final.
We will refund your money as soon as we have the goods back, have inspected
them and are satisfied that they are in saleable condition.
5. Delivery of goods to you
We will deliver the goods ordered by you to the address you give us at
the time you make your order.
If you have paid us by cheque, we may wait until the cheque clears before
sending out your goods.
We always try to send your order out the same day we receive it for delivery
next day, but we can't promise that we will be able to do this.
When we have passed your consignment to our carrier, there can be delays
that we have no control over. We will do our utmost to resolve any problems,
but we do not operate the carrier company and what we can do is limited.
Any dates we give you for delivery are only approximate and we accept
no liability for any losses, costs, damages, charges, or expenses caused
by any delay in delivering the goods to you, nor will delay constitute
a reason for cancellation of the contract.
We accept no liability for any loss of use, loss of profit, loss of customers,
or other direct or indirect loss you suffer as a result of late, damaged
or non-delivery of items we despatch to you.
You will become the owner of the goods you have ordered once they have
been delivered to your specified delivery address if we have received
payment for them in full. Once the goods have been delivered we no longer
have any responsibility for any loss or damage to the goods.
If we are unable to deliver the goods in the allotted time scale we will
tell you and you can either agree a new delivery date or cancel
the order with a full refund once the consignment arrives back with us.
Our Terms and Conditions take precedence over any purchaseR's Terms and
Conditions. Our agreement to supply against a Purchaser;s Purchase Order
shall not be taken as an acceptance of a Purchaser's Terms and Conditions
under any circumstances, notwithstanding any attempt by the Purchaser
to impose its own Terms and Conditions in their Purchase Order or via
any other Terms and Conditions referred to by the Purchaser or the Purchaser's
documentation..
If you are a business customer and we have agreed to despatch goods to
you in advance of payment, payment is due on the date of despatch. MS
Distribution does NOT offer extended credit facilities and this is a Term
of our Supply which may not be varied by a customer's Terms of Supply.
6. Warranty
All products are warrantied against defects for 12 months from the date
of invoice and always in accordance with the manufacturer's or supplier's
guarantee and warranty conditions. Where product is manufactured or assembled
by us, the warranty shall be for twelve months parts and labour from the
date of invoice.
Unless otherwise stated, and subject to your statutory rights in respect
of quality and fitness for purpose, we make no representations or warranties,
either express or implied, of any kind with respect to products sold.
Goods returned to us allegedly faulty will be tested. If no fault is
found we will tell you and we will charge for the inspection and testing
conducted and for the cost of returning the goods. The item will not be
returened until you have paid this charge.
7. Liability
If you do not receive goods ordered within 7 days of the date on which
you ordered them, you must notify us of the problem in writing at our
contact address within 14 days of the date on which you ordered the goods.
If non-arrival of goods is the fault of the carrier or method of delivery
you selected at the time of placing the order, we will pursue any claim
for the lost goods on your behalf, except where the carrier does not accept
any liability for non-delivery. if you choose ordinary post for delivery
we will obtain proof of posting but accept no liability whatsoever in
the event of non-delivery.
If the goods we deliver are not what you ordered, or are damaged or defective
before delivery, or the delivery is of an incorrect quantity, and provided
that you have notified us accordingly within 7 days of delivery, our only
obligation, at your option, will be:
- to make good any shortage or non-delivery; or
- to replace or repair any goods that are damaged or defective; or
- to refund to you the amount paid by you for the goods in question, which
may not include the cost of delivery.
Please note that if you have not opened any package sent to you from us
to check that the contents are complete and undamaged and you then sign
for that delivery other than by adding the word 'damaged' by your signature
(even if you believe it to be in perfect condition) you are accepting
the package as complete and the contents undamaged and we accept no liability
whatsoever for the condition of the package contents. This requirement
stems from our carrier's insurers who accept no liability whatsoever unless
the package is signed for as 'damaged' whether it is damaged or
not. Please note also that the first £30 of any damage
is not covered by the carrier's insurance and we reserve the right to
charge the first £30 of damage to you if a claim arises. Further
information regarding the carrier's responsibilities and insurance claims
are available from us and by placing an order with us you accept these
conditions regarding delivery times, damage to packages and compensation
for damaged goods.
To the extent permitted by law, we shall not be liable to you for any
indirect or consequential loss or damage and we shall have no liability
to you for any direct or consequential loss that is caused by any event
or circumstance beyond our reasonable control which shall include, but
not be limited to, acts of God, civil commotion, riots, flood, drought,
fire, and legislation.
Nothing in these conditions is intended to limit any rights you might
have as a consumer under applicable local law that may not be excluded
nor in any way to exclude or limit our liability to you for any death
or personal injury resulting from our negligence.
8. General Conditions
Failure by us to enforce any of these terms and conditions will not affect
our right to enforce any of the remaining terms and conditions.
If any of these terms and conditions are unenforceable (including any
provision in which we exclude our liability to you), the enforceability
of any of the remaining terms and conditions shall not be affected.
The contract between us shall be governed by, and interpreted in accordance
with, the laws of England and Wales and the Courts of England and Wales
shall have exclusive jurisdiction to resolve any disputes between us.
These terms and conditions are subject to change at any time without prior
notice to you and the current Terms and Conditions apply to all sales
made.
9. Title
Title in all goods supplied remains with us until payment has
been received in full. Where credit terms have been agreed by arrangement
with you our invoices are due on the date issued and payment terms will
be shown on the invoice that will be emailed to you. By accepting credit
from us you also accept that if you fail to pay within the time allowed
you agree to pay further invoices we raise in respect of interest due
for late payment. Any such invoices will be at 2% above prevailing bank
rate and accrue compund interest monthly.
10. Returns
If you suspect that an item supplied is defective, you must tell us within
5 working days (email is preferable) and we'll agree with you how best
to return it to us. You must pay for the cost of sending the item back
to us and you must pack it so it will arrive safely, complete with any
accessories, etc that arrived with it, and in its original product packaging.
If goods arrive damaged we will advise you and you must make your own
arrangements for compensation with your deliverer. We will not examine
any item that arrives damaged.
Because it is rare for electronic goods to be faulty, the returned
item will be examined closely with particular reference to misuse, or
failure to observe anti-static precautions.
If we agree that the item is defective we will arrange repair or replacement
as quickly as possible.
If we find there to be no fault, or the item has been misused, we will
advise you of this and any examination charge we may apply for the time
spent determining the fault. It will then be up to you to arrange for
the item to be collected, or to pay us for the expense of returning it
to you.
Our judgement will be final regarding allegedly defective items.
11. Refund Policy
Refunds will only be given at our discretion.
Refunds for cancelled orders, incorrect orders or faulty goods will be
refunded in full subject to the conditions in sections 4-7 above.
Where goods were correctly supplied according to your order, a restocking
fee of 20% may be applied.
12. Wireless Products and 'Fitness for Purpose'
If you purchase wireless equipment from us following advice obtained from this website, or from us directly in some other way, you accept that our advice is based on best endeavours and our professional expertise and that our offer to supply according to our recommendations cannot constitute a 'fit for purpose' warranty under the Sale of Goods Act due to the number of variables unspecified by the purchaser regarding the location and use of the equipment after purchase. Supply is only made subject to acceptance of this condition by the purchaser. This clause does not attempt to limit our liability as regards fitness for purpose, but recognises that wireless communications in the frequency bands for which we supply equipment will vary considerably according to local conditions and what will work perfectly in one location, for example, may not work at all 2 metres further away due to local conditions that could not be specified or were not known at the time, and which would have influenced the recommendation to purchase we would have made had they been told to us at the time.
To minimise the risk of your purchasing equipment that does not perform as you or we would hope, Sale or Return arrangements are available at our discretion. Where there is any possible problem about suitability of equipment ('fitness for purpose'), intending purchasers should email sales@msdist.co.uk or telephone us to discuss sale or return arrangements prior to placing any order. If such arrangements are not made in advance of purchase, the purchaser accepts that fitness for purpose is being determined by the purchaser and not by us and that the purchaser is not entitled to return the equipment as 'unfit for the purpose' or not 'as described.' |
