1. Our Contract
1.1 These Terms and Conditions govern the supply of goods sold by Imotek International Ltd (No. 2192485) of West Newlands Industrial Estate, Somersham, Huntingdon, Cambridgeshire, PE28 3FF ("we" and "us") to the customer ("you") and constitute the entire and only agreement between us in relation thereto.
1.2 All orders placed by you are on the basis of these Terms and Conditions and are subject to acceptance by us by delivery of the goods to you at which point a legally binding contract is constituted between us. The processing of your payment and acknowledgment of your order does not constitute legal acceptance of your order.
2. Price & Payment
2.1 The price payable for the goods you order is as set out on our web site at the time you place your order or, if you order from one of our catalogues, as set out in the catalogue from which you order provided it is a current catalogue, plus any charges for delivery and insurance as set out in the order form.
2.2 We reserve the right to change the price of commodity goods, due to market conditions but we will confirm the prevailing price with you before accepting your order. We are not obliged to accept your order for such goods and may decline it or limit the order quantity.
2.3 On occasion, the prices payable of goods advertised on our web site may differ from those prices offered in the then current catalogue or in one of our trade counters, and we are under no obligation to honour any web site price if there is such a difference.
2.4 Occasionally an error may occur with our web site and goods may be incorrectly priced in which circumstances we will not be obliged to supply the goods at the incorrect price.
2.5 Subject to clause 2.6, we must receive payment for the whole of the price of the goods you order, and any applicable charges for delivery, before your order can be processed unless we have agreed otherwise in advance in writing.
2.6 Not applicable to Internet purchases.
If you are an account customer, payment shall be made within 30 days following the date of invoice. Time shall be of the essence for payment. We may revoke credit if you fail to make payment when due. You are responsible for all orders placed by your authorised employees and we are not bound by any individual order limit you may impose on your authorised employees. You must inform us in writing as soon as a relevant employee is no longer authorised by you to place and receive orders.
3.Delivery & Title
3.1 We will deliver the goods in accordance with your order usually within the stated delivery time. In the unlikely event that we do not make the goods available to you within 30 days of accepting your order, you will have the option of cancelling your order by notifying us accordingly prior to delivery. (Delivery for capital purchases or special order items may vary; the expected delivery time will be stated on the quotation and order acknowledgment). Before placing your order, please refer to the delivery options to ensure that we can deliver to your address. A valid signature will be required on collection or delivery. In the unlikely event that you have not received all the goods within the stated delivery time, you must notify us immediately. You must not schedule or commence any installation work until after you have received your order and checked all the goods for any defects or missing parts.
3.2 For reasons of health and safety and to avoid any property damage, most large items can only be delivered to the exterior of a ground floor location at the delivery address. You must therefore make your own arrangements at your own risk if the relevant item needs to be transported from the delivery location. We will not provide any unpacking, installation or fitting services upon delivery unless otherwise agreed by us.
3.3 You must do all that you reasonably can to enable delivery to take place at the given time and place. If you delay delivery, or delivery fails because you have not taken appropriate steps, we will try to arrange for an alternative delivery date within 30 days of the failed delivery. If delivery fails as a result of circumstances within your reasonable control, the cost of any re-delivery shall be borne by you. If we are unable to arrange a date for re-delivery we may cancel your order and refund to you the price that you have paid for the goods, less the failed delivery costs.
3.4 If delivery is delayed due to circumstances which are out of either party’s reasonable control such as fire, severe weather conditions, industrial dispute, labour disturbance, delay by any government or public or local authority, including the customs of any country where the goods are carried, the goods will be redelivered as soon as it is possible to do so.
3.5 Without prejudice to Clause 3.3, upon delivery of the goods to you, the goods shall be at your risk. In spite of delivery having been made, title in the goods shall not pass to you until you have paid the price for the goods in full and no other sums whatsoever shall be due to us from you. Until title in the goods passes from us, you shall hold the goods on a fiduciary basis as bailee and shall store the goods at your own cost separately from all other goods in your possession and marked in such a way that they are clearly identified as our property.
4. Availability
While we endeavour to hold sufficient stock to meet all orders, if we have insufficient stock to supply or deliver the goods ordered and paid for by you, we may suggest a substitute product or refund you the price paid for such goods as soon as possible and in any case within 30 days. In the case of an account customer, (not applicable to Imotek online orders) we may, in our absolute discretion, as soon as possible raise a credit to offset the amount invoiced to you.
5. Cancellation & Returns
5.1 No cancellation of any purchase order by the buyer shall be accepted by Imotek unless: The cancellation is received by Imotek in writing; and Imotek accepts such cancellation in writing and is paid by the buyer at (a) the sales value to Imotek of that part of the goods completed and work done in connection with the order; (b) the sales value of any items or materials brought by Imotek which can not be reasonably be used elsewhere by Imotek and (c) another costs and liabilities with Imotek incurs by the reason of the buyers cancellation.
5.2 For Internet purchases you may return your order for refund by giving us notice of cancellation within 7 days of the date of delivery to you. Such notice may be given by phone, mail, fax or email. If you are cancelling because of any problem with the goods, please notify us of the problem at the time of cancellation.
5.3 On cancellation for whatever reason, you must return the goods to us at your cost unless we agree that you may dispose of them in which case please comply with the manufacturer’s instructions before disposing of hazardous goods. Where the goods are being returned because they are faulty, incorrect goods or because of unsuitable substitution by us, we will meet the cost of return but we ask that you allow us to nominate the carrier. Please refer to our returns procedure.
6. Liability
PLEASE READ THIS CLAUSE
6.1 If you have notified us of a problem with the goods within 7 days of delivery, we will (subject to clause 4) either make good any shortage or non-delivery; replace or repair any goods that are damaged or defective upon delivery; or refund to you the amount paid by you for the goods in question.
6.2 We shall have no liability to pay any money to you by way of compensation other than any refund we make under these conditions. Our liability to you shall not in any event include losses related to any business of yours, such as loss of profits or business interruption; neither will we be responsible to you for any other loss which is not a foreseeable consequence of us being in breach of these Terms and Conditions or our legal duties.
6.3 This does not affect your statutory rights if you are a consumer, nor is it intended to exclude our liability to you for fraudulent misrepresentation or for death or personal injury resulting from our negligence.
6.4 Goods are intended for use in the UK only and we cannot confirm that the goods comply with any laws, regulations or other standards applicable outside the UK. All goods are sold in accordance with the manufacturer’s specifications and are subject to any qualifications, representations or instructions contained in the documentation associated with the goods.
6.5 If you are a trade customer and subject to Clause 6.3, we will not be responsible to you or, in the event that you are undertaking work for another person, to any other person, for the use or installation of any goods by you. Accordingly, if you are a trade customer, you hereby agree to hold us harmless, and indemnify us against any liability associated with, any claim or allegation that we are responsible for any failings in the installation or use of goods that we supply.
7.Trade Credit Account in Default
Should buyers make default in any payment or otherwise be in breach of its obligations to Imotek under these terms and conditions or compound with or execute an assignment for the benefit of its creditors or commit any act of bankruptcy or being a company enter into voluntary or compulsory liquidation or suffer a receiver, administrator or manager to be appointed over all or part of its assets or take or suffer any similar action in consequence of debt, Imotek may, with out prejudice to any other rights, cancel any under delivered or uncompleted portion of the order and stop any goods in transit.
8. Account Termination
We may suspend further supply or delivery, stop any goods in transit or terminate our contract by notice in writing to you if you are in breach of an obligation hereunder or you become unable to pay your debts when they fall due or proceedings are commenced by or against you alleging bankruptcy or insolvency. Upon termination, your indebtedness to us becomes immediately due and payable and we shall be under no further obligation to supply goods to you.
9. Force Majeure
We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder that is caused by any event or circumstance beyond our reasonable control (including, without limitation, strikes, lockouts and other industrial disputes).
10. Disposal of Electrical and Electronic Equipment
The WEEE regulations ensure that the amount of waste on certain electrical and electronic equipment is reduced, separated from household waste, collected separately and ultimately disposed of in a sound environmental manner (recycled and recovered). The Waste Electrical and Electronic Equipment Directive (WEEE) is an EU initiative to protect the environment by reducing the amount of electrical equipment including PCs, servers, printers, laptops and other electrical products going into landfill sites.
Imotek will undertake their responsibility as a Distributor to dispose of these goods in line with European legislation.
Imotek will work with our customers who request assistance with treatment, recovery, recycling and environmentally sound disposal of any waste electrical products.
Please contact Imotek for further information or email service@imotek.com
11. General
If any part of these conditions is invalid, illegal or unenforceable (including any provision in which we exclude our liability to you) the validity, legality or enforceability of any other part of these conditions will not be affected. This contract shall be governed by and interpreted in accordance with English law.
VATnumber478200055