Sales Terms and Conditions
Last updated 04/11/2014 – let us know if you would like a pdf copy and please print a copy when placing your order.
1. Prices: Are shown as including VAT (in blue) and excluding VAT (in red) for each product/service offered via our website and also during the checkout process. The total price is clearly shown during the online checkout process and all our quotations whether received by email or post or fax always show total costs including vat and delivery. Orders are accepted at current prices but under exceptional circumstances may be subject to revision before delivery. Under such circumstances the customer will be given the option to accept the new price or cancel within 7 days after having received notice of the new price.
2. Settlement: shall be nett 30 days to approved accounts (unless payment for goods previously supplied is overdue) otherwise payment shall be before dispatch or by arrangement on invoice. Terms are subject to status.
3. Delivery: the delivery time quoted is from receipt of order or approval of our drawings where applicable and may be subject to delay beyond our control. Time shall not be of the essence and the purchaser shall not be entitled to claim compensation or damages as a result of delay in delivery.
4. For Consumers no written consent is required on cancellation. For Business Consumers Cancellation: this will be made with written consent only on terms that indemnify Monitorix Ltd against losses. Business Consumers cancelled orders incur a 25% handling charge plus any associated aborted and logistics charges.
5. Ownership: of goods shall not pass to the buyer until all sums owing in respect of any have been paid.
6. Risk: shall pass to the buyer on delivery to the address stated on the order.
7. Loss or Damage: of goods must be notified to Monitorix Ltd in writing within four days of delivery of the goods.
8. Design and Specification: may be subject to alteration without notice. It is assumed that goods specified by the customer are sufficient and suitable for the purpose for which the goods were ordered.
9. Inspection and Tests: If special tests or inspection in the presence of the customer are required then these will unless otherwise agreed be at our works and charged as extra accordingly.
10. Guarantee: Our supply partners will repair all defective goods free of charge on receipt of proof that the goods have been used within their rating, not misused, physically damaged or modified and providing that: 10.1 The goods are returned under the returns procedure (QMSFMS102). 10.2 For an on-site repair the Customer provides reasonable access during normal working hours (Monday to Thursday 08:30 to 17:00, Friday 08:30 to 16:00) where an on-site repair is agreed before hand with our supply partners. 10.3 For an on-site repair outside normal working hours, the Customer agrees beforehand to reimburse our supply partners for travel expenses, time and engineers out of pocket expenses, and any additional labour on site. 10.4 The period of the guarantee is 12 months from the date of purchase or longer if stated in the literature describing the particular range of products. 10.5 It is understood that no liability will be accepted for consequential loss or damage or any other expenses.
11. Export: orders must be accompanied by reference to a UK bank or suitable organisation prepared to accept payment responsibility upon presentation of our invoice and shipping document.
12. Laws: the laws of England and Wales shall apply to all contracts. Necessary for the safe delivery, installation and operation of any product shall be the responsibility of the Customer unless Monitorix Ltd has so been instructed in writing before hand to provide such services to an agreed specification.
13. Surcharge: Monitorix Ltd reserves the right to surcharge any account settled by Credit/Charge card by 5%, orders placed online will never be subject to a surcharge for using a credit/charge card.
14. Overdue Payment: In line with EU Law on late payment between businesses: Overdue accounts will be charged interest at 8.0% above base rate per month or part thereof. In addition Monitorix Ltd reserves the right to implement debt recovery action when any debt goes beyond 35days (calendar) from invoice, any costs associated with debt recovery will be passed to the debtor so such costs can be recovered. We also reserve the right to charge £35.00 for costs incurred in chasing payment
15. After Sales Service: will not be implemented unless the goods and any services are paid up in full when due.
16 For Business Customers Returns: all returns must be agreed with Monitorix Ltd and be registered under its returns procedure. Monitorix Ltd reserves the right to reject goods arriving at its factory or premises that are not so recorded or clearly marked with the correct returns number. Returns postage to Monitorix Ltd is at the cost of the customer.
17. On-Site Service Provision: all services considered necessary for the safe delivery, installation and operation of any Monitorix Ltd product shall be the responsibility of the Customer unless Monitorix Ltd has so been instructed in writing before hand to provide such services to an agreed specification.
18. System Commissioning and Maintenance: any on-site installation and assembly must be completed before commissioning. Under no circumstances should equipment be connected to the power system until the power system has been commissioned. Commissioning must be performed by an electrically competent person approved by Monitorix Ltd. Commissioning by personnel other than those approved by Monitorix Ltd will invalidate any warranty. Claims for damages caused otherwise shall not be accepted. Service and maintenance must be performed by an electrically competent person approved by Monitorix Ltd. Service and maintenance by personnel other than those approved by Monitorix Ltd will invalidate any warranty. Claims for damages caused otherwise shall not be accepted.
19. UK Warranty: all products are manufactured under carefully controlled conditions to high quality standards by our supply partners. Under the conditions of service specified they may be expected to give a long and trouble free operating life. In case of failure under normal service and within one year of the date of purchase depending on the product supplied. Their liability will however be limited to the repair or replacement of defective units at our supply partners absolute discretion. Any advice given other than as a result of an onsite evaluation by our supply partners visiting engineers and for which a fee will be charged is given in good faith but without responsibility. Moreover neither Monitorix Ltd nor its appointed supply partners can accept any responsibility for failure or poor performance of any of its products resulting from operation outside of rated limits or from any other misuse or abuse whatsoever. In any event Monitorix Ltd does not accept any liability whatever for consequential loss or damage resulting from the use in any way of its products. All goods subject to claims under this Warranty must be returned and the process managed by our supply partners. The terms of this Warranty do not apply where the buyer is in an overseas area where the quality of the main supply makes it uneconomical to provide this warranty or where spares are issued in lieu of warranty. Any enhanced warranties offered by Monitorix Ltd will be cancelled where payment is not received by the due date. Late payment of Maintenance contracts may reduce a contract holders response time until overdue balances are paid in full and any applicable charges.
20. Specification: every effort has been made to ensure the accuracy of data published by Monitorix Ltd. However Monitorix Ltd does not accept liability for loss, damage or injury resulting from any error or omission in its published specifications. As part of the Monitorix Ltd policy of continuous product improvement Monitorix Ltd reserves the right to change designs and specifications without notice. Monitorix Ltd therefore recommends that customers verify all published data together with future availability before incorporating products into their own designs or schemes.
21. Product Packaging: unless otherwise stated it is the responsibility of the customer to dispose of and recycle all recoverable packaging materials and unwanted items delivered with the product. Our supply partners take great steps to ensure an increasing amount of every product generation is recyclable. These are additional clauses to our standard Terms and Conditions of Sale relating to e-commerce activities:
22. Account: to order from the Monitorix Ltd e-commerce website will require the setting up of a password protected account. During set up of the account you are responsible for the accuracy and legality of all the data provided to open it. Once established you are responsible for maintaining the accuracy of the information which you can update on-line or contact us to do so. In setting up the account you accept that you are responsible for: managing access to the account, the confidentiality and security of both the account and password, restrictions of use and full responsibility for all activities that take place on the account. You also accept that you should inform us immediately if you have any reason to suspect that the password has been made known to unauthorised users or will be used in an unauthorised manner. Monitorix Ltd reserves the right to remove access to the e-commerce facilities, terminate accounts, remove or edit content and cancel orders at its discretion.
23. Privacy: Monitorix Ltd operates a range of internet policies. Please review this document to understand its implications for you.
24. Pricing: in addition to section 1 of our standard Terms and Conditions of Sale re prices, those on the Monitorix Ltd e-commerce site are recommended current retail prices including VAT for the internet and are subject to change. All prices exclude carriage, delivery and siting, bank, customs, and any other associated charges. Monitorix Ltd distributors and power solutions partners are free to set their own prices for Monitorix Ltd products and services.
25. Order Placement: all orders placed on the Monitorix Ltd e-commerce website receive an order acknowledgment confirming receipt of the order and containing details of it. On shipment of the goods a full sales invoice is issued. Title to the goods remains with Monitorix Ltd until the payment transaction has been completed as per the standard Terms and Conditions of Sale.
26. Credit Card Payments: all credit card payments are taken in good faith. Fraudulent usage of this facility will be immediately reported to the relevant authorities and will be taken to have broken all contract terms. Deliveries to addresses other than the card holder’s invoice address may be declined.
27. Returns and Cooling-Off Period For Consumers only: in addition to section 16 of the Monitorix Ltd standard Terms and Conditions of Sale re returns: Under the distance selling rules there is a seven working day cooling-off period which starts the day after delivery during which the order may be cancelled. A cancelled order within the distance selling rules timeframe will be processed through our return material authorization process. The sender is responsible for all return charges including freight and insurance and must take reasonable care in returning the goods and items included with the product when it was delivered.
Your statuary right to cancel can be exercised:
In writing to Monitorix Ltd, Unit F, Howland Business Park, Thame, Oxon OX9 3GQ.
By fax, by faxing us on 0845 838 8584
By email, be emailing sales@Monitorix.co.uk
During the return material authorization process we require the following:- Confirmation of original order number. Reason for return. Serial number confirmation. Working condition status of the product. This information is required to help us process your return and they do not represent an obligation for effectively exercising the right to cancel. Note: Unfortunately we cannot accept returns of software which has been purchased and subsequently the seal has been broken on the box.
28. Purchase and Delivery: in addition to section 3 of the Monitorix Ltd standard Terms and Conditions of Sale re delivery, delays in processing orders may be beyond the control of Monitorix Ltd. Where more than one product or service is ordered Monitorix Ltd may part ship but will not make an additional delivery charge to complete the order. If Monitorix Ltd is not able to deliver within 28 calendar days of order placement then you will be notified by email and given the opportunity to cancel the order with a full refund without reasonable delay.
For more information contact us anytime or email sales[@]monitorix.co.uk