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These terms and conditions apply to all orders and supersede all others. Receipt
of acknowledgement of order by you constitutes your acceptance that our conditions
are the only conditions that apply to the contract, notwithstanding any purported
terms put forward by you.
1. PRIVACY
1.1 The Midland Pallet Trucks SafeShop website is protected by industry standard
SSL technology, therefore any information you give us can only be accessed by
ourselves. All information is stored on secure servers.
1.2 We only collect information from customers in order to fulfil orders. We
may from time to time contact you by email to inform you of special offers or
promotions that we are running.
1.3 We never pass on information about customers to any third party.
2. ACCURACY OF INFORMATION
Whilst everything possible has been done to give accurate details, Midland Pallet
Trucks cannot be held responsible for any errors that have been overlooked.
3. QUOTATIONS
Quotations supplied by Midland Pallet Trucks shall be valid for acceptance for
30 days from the date of the quotation.
4. PAYMENT TERMS
4.1 As our website has been set up using the industry standard SSL technology,
to enable you to pay securely online, we can accept online payments by most major
credit cards or debit cards. We also accept payment by cash, cheque, bankers
draft, BACS or CHAPS. Please phone for further details if you wish to pay by
any method other than an online payment.
4.2 We reserve the right to delay despatch until we receive confirmation of cleared
funds (E.g. Cheque's take 5 days to clear)
4.3 For account customers: any discounts offered are on the strict understanding
that accounts are paid by the due date. We reserve the right to re-invoice any
such discounts to accounts that become overdue.
5. PASSING OF TITLE AND RISK
5.1 The risk in the goods shall pass to you on delivery.
5.2 All goods, delivered or not, remain our property until payment is received
in full.
5.3 Until such time as payment in full is made, you shall retain such goods separately
from other goods, and clearly mark them in such a way that they can be readily
identified as being our property, and any payment received by you for any sale
of such goods must be held in a separate account in trust for us. In the event
of non-payment by you for such goods we will, without loss of any rights or remedy,
remove from your possession any goods belonging to us in accordance with these
conditions. We shall be entitled to enter upon the property where the goods are
stored to repossess and remove the same. You hereby grant us irrevocable licence
to enter your premises for the said purposes.
6. PRODUCTS
We reserve the right to alter any details or design of products illustrated,
without notice, and while every effort is made to describe goods accurately in
the catalogue no warranty is given to accuracy, and no responsibility will be
accepted for error of mis-description or any resulting loss.
7. VAT
Where applicable all prices quoted are subject to V.A.T. at the current rate.
8. DELIVERY
8.1 Every effort will be made to deliver on time, but any delivery day specified
is a best estimate and no liability is accepted for any loss arising from delay
or error in the delivery of goods. All deliveries will be charged at the prevailing
rates applying at the date of such delivery.
8.2 Claims arising from damages, delay or partial loss in transit must be made
in writing to us, so as to reach us within 5 days of receipt of goods.
8.3 All claims with regard to the quality or quantity of the goods shall be made
in writing to us so as to reach us within 5 days of receipt of goods, or such
goods shall be deemed to comply as to quality and quantity within the terms of
the contract.
8.4 You must examine all goods delivered at the time of delivery. We shall not
be liable for any loss arising from damage caused to the goods in transit unless
loss or damage is noted on the delivery note at the time of delivery.
8.5 If the Customer establishes that any of the goods have not been delivered,
have been delivered damaged, are not of the correct quantity, or do not comply
with their description, the supplier shall at its option replace with similar
goods, any of the goods which are missing, lost or damaged, or do not comply
with their description, allow the customer credit for their invoice value, or
repair any damaged Goods.
8.6 If the Customer establishes that any of the goods are defective the supplier
shall at its option replace with similar goods or repair any defective goods,
allow the customer credit for their invoice value or to the extent that the goods
are not to specification, assign to the customer (so far as the supplier is able
to do so) any warranties given by the manufacturer of the goods.
8.7 Claims in respect of non-delivery must be made in writing so as to reach
us within 4 days from receipt of our invoice.
8.8 A delivery charge will be made for each truck unless the truck is collected
from our warehouse.
8.9 A fee of £7 will be charged in addition to the standard delivery charge
for home address deliveries.
8.10 An additional charge of £10 will be made for attempted / refused delivery
and / or an aborted collection.
9. CANCELLATION CHARGES
A charge will be made on all orders cancelled after the goods
have been despatched or notification is not received before the end
of business on the day the order was received.
10. RETURNS
Our aim is to supply you with a high level of service and
good quality products.
We comply with all manufacturers' warranties. If for any reason you are not happy
with the product, please return the item as detailed below. We will accept returns
up to 14 days after the date of the invoice.
Please contact our sales department to obtain a returns number –we cannot
accept any return unless this has been done and authorised. This number must
be clearly marked on the outside of the package .No return will be accepted
without this number.
The item must be returned to us within 14 days of the date you obtained the
returns number. Any item returned must be in the original packaging and undamaged.
If you have received a faulty item or one that has been sent to you incorrectly
then we will compensate you for the carriage costs but you are responsible
to ensure that it is sent by a secure recorded method and you will be responsible
for the item until it reaches us. If the item is a replacement as an exchange,
you have to cover the secure delivery charge but we will send the exchanged
item to you free of charge. The returns number has two functions in that we
can be aware that you are not satisfied and we can be ready to process the
return on receipt and also we can monitor the reasons for the returns to give
you and other customers an even better service.
Midland Pallet Trucks
Bays 1&2,
33 Second Avenue,
Pensnett Trading Estate,
Kingswinford,
West Midlands,
DY6 7PP.
Tel: 01384 841440
Fax: 01384 841450
If you have any queries relating to this matter please e-mail info@MidlandPalletTrucks.com and we will respond immediately.
11. OVERDUE ACCOUNTS
11.1 No goods will be delivered to accounts which remain unpaid 14 days after
payment is due. Interest will be charged on overdue accounts at the rate
of 5% above the Barclays Bank plc base rate from the date the account became
due, until payment is received. This does not prevent us from pursuing payment
of overdue account at any time after payment becomes due and shall be in
addition to, and without prejudice to, any other rights we may have against
you
11.2 We reserve the right to charge you for any legal or collection charges
where it is necessary, to obtain payment from you of an overdue account through
a third party or Court proceeding.
11.3 The supplier may at its discretion suspend or terminate the supply of
any goods, if the customer fails to make any payment as and when due, or otherwise
defaults in any of its obligations under the contract or any other document
with the supplier or becomes insolvent, has an administrative receiver appointed
of its business, or is compulsorily or voluntarily wound up or the supplier
genuinely believes that any of those events may occur, and in the case of termination
may forfeit any deposit paid.
12. FORCE MAJEURE
We will not be held responsible for the failure or delay in the carrying out
of our obligations under the contract which may arise out of any cause outside
our reasonable control or inability to procure materials or articles except
at higher prices due to any such cause. In such circumstances we shall be
entitled by notice to terminate the contract, in whole or in part, without
incurring any liability whatsoever to you.
13 HEALTH & SAFETY AT WORK ACT 1974
For the purpose of the Health and Safety at Work act 1974 the customer hereby
undertakes to ensure that the goods will be safe and without risks to health
and safety when properly used. In particular the customer must examine the
goods to establish whether they are safe to use in the condition in which they
are delivered, and (without prejudice to the generality of the foregoing) the
customer undertakes not to use the goods without first satisfying its public
liability and/or employers’ liability insurers or some other person (nor
being the customer or an employee of the customer) qualified and competent
in such matters that the Brakes, Steering Systems, Tyres, Forks and Hydraulics
are safe and without risk to health and safety when properly used and that
the goods satisfy all statutory requirements for the time being in force.
Terms and Conditions © Copyright 2004 MidlandPalletTrucks.com
Web Site Terms and Conditions of Use.
All rights reserved.
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