Terms and conditions of sale to consumers
1.0
Definitions
For
the purpose of these Terms and
Conditions:
1.1
‘MAW’ shall mean M. A. W. Electrical
Ltd whose
registered office is at 10D
Thursby Road, Croft Business Park, Bromborough, Wirral CH62 3PW Company No. 04575516
1.2 ‘Consumer’ shall have the same meaning as attributed by The Consumer
Protection (Distance Selling) Regulations 2000 or any statutory modification
thereof.
1.3
‘Goods’ shall mean all goods and services which the Customer agrees to buy from
MAW including replacements for defective Goods, hardware documentation and
software products licensed for use by the Customer.
1.4
‘Contract’ shall mean the Contract between MAW and the Customer for the sale of
Goods by MAW to the Customer.
1.5
‘Working Days’ shall mean Monday to Friday inclusive but exclusive of Bank
Holidays.
1.6
‘Website’ or ‘The Website’ (bold type) shall mean the website of
MAW, at www.maw-online.co.uk
2.1
All orders for Goods are accepted by MAW subject to these terms and conditions
of sale which supersede any other terms and conditions previously published.
These
constitute
the entire understanding between MAW and the Customer for the sale of
goods.
2.2
Goods will be supplied based on any information provided by the customer.
2.3
Any information published by MAW on its website is an invitation to
treat
and
not an offer to supply.
2.4
All descriptions and illustrations contained in the website or any price
list or otherwise communicated to the Customer are correct at the time of
publication.
2.5
If the description of any Goods not
directly manufactured by MAW, contained in any correspondence, invoice or the website
varies from that of the manufacturer’s description, then the manufacturer’s
description will be deemed to be the correct
description and shall take precedence over the description assigned by
MAW. The updated and complete manufacturer’s description is available from MAW
on
request
before any order is placed.
2.6
In the event of any material change to any description of goods since the last
update of the website by MAW, MAW will advise the Customer of the
revised
description
at the time of delivery of the goods or before where possible.
2.7
MAW reserves the right without prior notice to
discontinue
any Goods or to make design changes as part
of
a continuous programme of improvement or to assist
availability.
2.8
Goods listed the website may originate from a Non-EU source. Any
published information by MAW as to the country of origin of Goods is an
indicator only of the
source
of supply to MAW and does not constitute a warranty or representation.
2.9
All contracts between MAW and the Customer shall be governed by and interpreted
in accordance with English Law and both MAW and the Customer submits to the
exclusive jurisdiction of any competent Court in the United Kingdom. 2.10
Nothing contained herein shall affect a Consumer’s rights under the Unfair
Contract Terms Act 1977 or any regulations made under it including the Unfair
Terms in Consumer Contracts Regulations 1994.
2.11
All prices for the Goods are in pounds Sterling and include Value Added Tax
(“VAT”) at the relevant and do not include the cost of carriage, packaging or
other charges which becomes payable under any contract with MAW. Prior to the
conclusion of the contract MAW will inform the customer the total amount to be
debited.
2.12
Whilst every endeavor will be made to maintain the prices on the website
MAW reserves the right to alter prices at any time. Prior to the conclusion of
the contract MAW will inform the customer the total amount to be debited.
3.1
MAW reserves the right to deliver part orders, or hold orders until all items
are available, as required. Credit cards are only charged when Goods are
dispatched. The exceptions to this being when MAW has been requested to custom
build Goods to special order. If any goods are not available within 30 days of
the order being placed the customer will be informed and will be offered the
option to continue to await delivery, accept an alternative product or cancel
the order and receive a refund where funds have been taken.
3.2
MAW reserves the right to decline to trade with any person or organisation. In
addition, and notwithstanding any other provisions of these conditions of sale,
MAW
may
decline to accept any order. In the event that MAW declines to accept an order
in respect of which payment has been received, the full amount of such payment
will be
refunded.
4.1
Payment shall be made by the Customer for all monies owed to MAW in respect of
orders placed for Goods.
5.1 Delivery costs for most mainland UK addresses will be calculated and shown by the website at the time of placing the order. In some cases where goods are heavy or bulky, or for addresses not normally covered by our couriers, it may not be possible to calculate the delivery cost automatically. We will contact you to advise of any such charges before your payment card is debited.
5.2 We will only send goods to the address shown on the payment card statement. We do not deliver outside the United Kingdom.
5.3 The risk of damage to or loss of Goods ordered from MAW will pass to the Customer when the goods are delivered.
5.4
The Customer must inspect the Goods as soon as reasonably practicable after
delivery and shall within 7 days of such delivery give notice to the Customer
Care Department of MAW of any apparent physical damage, delivery damage or
shortages in the Goods.
5.5
Nothing in these terms and conditions affects the statutory rights of a
consumer under the Distance Selling Regulations, Sale of Goods Act 1979 or Sale
and Supply of Goods to Consumers Regulations 2002.
6
Returns
6.1
Unwanted goods – Distance Selling Regulations.
You
may cancel your order up to seven days after delivery of the goods by giving
notice either by emailing returns@maw-electrical.co.uk
or in writing to
MAW
Electrical Ltd, 167 Old Chester Road, Bebington, Wirral. CH63 8NE. Notice of
cancellation may not be made by telephone. If you give notice in writing, it is
advisable to use recorded delivery.
Unwanted goods must be returned at the
customers expense. Returned goods should include all original packaging. Audio or
video recordings or computer software may only be returned if it is still
sealed. The customer is responsible for the care of the goods until received by
MAW. It is advisable to insure them during transit.
6.2
Faulty goods under Warranty - Any defects in the Goods which under proper use
appear within a reasonable period after delivery and which are due to faulty
materials,
workmanship
or design will be made good by MAW either by repair or, at the sole discretion
of MAW, by replacement or refund. Any claim for Goods or the defective parts
should be returned together with proof of purchase and (if relevant), all
complete accessories, instruction manuals and software and, wherever possible,
in the original packaging. Any claim for defective Goods or parts must be made
in writing to the address in para 6.1 specifying the date of purchase and
invoice number within a reasonable period of time after delivery.
6.3
All warranties and conditions which are capable of being excluded by statute or
otherwise are excluded from any contract provided that nothing in the contract
shall affect the statutory rights of the Consumer or liability for death or
personal injury caused by the negligence of MAW.
6.4
Warranty seals applied to any Goods supplied by MAW must not be removed or
broken and any product without the warranty seals intact will be deemed to have
had any warranty invalidated and the Goods will be deemed to have been accepted
by the Customer.
6.5
The warranty period as stated in 6.2 is from the date of purchase if goods are
replaced within this warranty period, the warranty will continue from the
original date of purchase unless specifically agreed otherwise by MAW in
writing.
6.6
The responsibility for ensuring that Goods are sufficient and suitable for the
Customer’s requirements rests with the Customer save insofar as MAW have
specifically advised the Customer that the Goods are sufficient and suitable
for the Customer’s purposes.
6.7
Conditions 6.1 to 6.6 inclusive do not affect the statutory rights of a
Consumer under the Consumer Protection (Distance Selling) Regulations 2000 or
any statutory
modification
thereof, Sale of Goods Act 1979 or Sale and Supply of Goods to Consumers
Regulations 2002.
.
7.1
By placing an order with MAW the Customer agrees to data relating to the
transaction being retained and processed by MAW in accordance with the Data
Protection
Act 1998 or any statutory modification thereof. The data so retained will be
used by MAW for the purpose of accounting and marketing and will not be
disclosed
to any third party without the previous consent in writing of the Customer.
7.2
MAW may send to the Customer details of other Goods and services offered by MAW
that MAW may consider to be of interest to the Customer. If the Customer does
not wish to receive details of these offers then they should contact MAW either
in writing to the address in para 6.1 or by e-mail at
nomarketing@maw-electrical.co.uk
requesting that data is removed from the marketing database. MAW subscribes to
the data protection principles as laid down by the Information Commissioner and
all data is held securely. The Customer may, by writing to the Customer Care
Department of MAW, request that all data relating to them be deleted from its
records.
Customers
may also, in accordance with the provisions of the Data Protection Act 1998,
obtain copies of such data that is held in respect of them by MAW.
8.1
The Customer will be responsible for ensuring the fitness for purpose of the
Goods for the Customer’s application.
8.2
To the extent permitted by law, MAW accepts no liability whatsoever or
howsoever arising in respect of loss, damage or expense arising from errors in
information or advice provided whether or not due to MAW’s negligence or that
of its employees, agents or sub-contractors save for any loss or damage arising
from death or personal injury.
8.3
To the extent permitted by law, MAW shall not be liable to the Customer by
reason of any representation (unless fraudulent), or any implied warranty,
condition or other term, or any duty at common law, or under the express terms
of any Contract with the Customer, for any indirect, special or unforeseen loss
or damage (whether for loss of profit or otherwise), costs, expenses or other
claims for compensation whatsoever (whether caused by the negligence of MAW,
its employees or agents or
otherwise)
which arise out of or in connection with the supply of the Goods or their use
or resale by the Customer.
8.4
The entire liability of MAW under or in connection with the Contract with the
Customer shall not exceed the price of the Goods except as expressly provided
in these terms and conditions.
9.1
MAW shall not be liable to the Customer or deemed to be in breach of Contract
by reason of any delay in performing, or any failure to perform, any
obligations of
MAW
in relation to the Goods, provided that the delay or failure was due to any
cause beyond reasonable control of MAW. Without prejudice to the generality of
the
foregoing,
the following shall be regarded as causes beyond reasonable control of MAW: Act
of God, explosion, flood, tempest, fire or accident; war or threat of war,
sabotage, insurrection, civil disturbance or requisition; acts, restrictions,
regulations bye-laws, prohibitions or measures of any kind on the part of any
governmental,
parliamentary
or local authority; import or export regulations or embargoes; strikes,
lock-outs or other industrial actions or trade disputes (whether involving
employees of MAW or of a third party); difficulties in obtaining raw materials,
labour, fuel, parts or machinery; power failure or breakdown in machinery.
10.1
All headings in these Terms and Conditions are for ease of reference only and
shall not affect the construction of any contract between MAW and a Customer.
Any provision of any contract with MAW which is or may be void or unenforceable
shall to the extent of such invalidity or unenforceability be deemed severable
and shall not affect any other provision of any Contract. No waiver or forbearance by MAW (whether expressed or
implied) in enforcing any of its rights under any contract shall
prejudice
its right to do so in the future.
For the purposes of the Contracts (Rights of Third Parties) Act 1999 it is agreed by MAW and the Customer that nothing in any contract shall confer on any third party any right to enforce or any benefit of any term of any contract that may be concluded by them.