Terms & Conditions
In these Conditions “the Company” means ErgoMounts Limited. “The buyer” means any company, firm or individual or agent thereof to whom the company’s quotation or acknowledgement is addressed. “The goods” means the products (including any part or accessories), materials and /or services to be supplied by the company.
Quotations are given without commitment and no contract between the company and the buyer shall arise unless the company has accepted in writing the buyer’s order whether placed on the company’s quotation or otherwise.
The buyer shall not be entitled to rely or to seek to rely on any oral statement, warranty or representation made by an employee or agent of the company other than a statement warranty or representation in written form on behalf of the company.
Prices contained in a quotation or similar are those ruling at the date thereof and are for guidance only. The contract price shall be the price current and agreed at the time of order placed by the buyer with the company. Unless otherwise stated prices do not include VAT which will be chargeable at the rate ruling at the date of dispatch and /or performances of services.
DISPATCH AND DELIVERY
The buyer to acknowledge receipt of delivered goods or services by signing delivery documents and to state whether the goods are damaged or received in good condition. If the buyer can not inspect the goods on arrival this is to be stated on the documentation that the goods are signed for in good faith unchecked.
Unless otherwise stated prices do not include delivery of any goods supplied.
Any damage or faults to be notified to the company in writing within 7 days of receipt which will be from signature of delivery document.
Unless expressly agreed in writing, payment shall be made in sterling without any deduction or deferment on account of any disputes or cross claims whatsoever within 30 days following the date of the invoice for the goods.
Time for payment shall be of the essence and in the event of delay or default in any payment for more than 7 days the company shall be entitled to suspend deliveries and / or treat the contract as repudiated and / or resell any of the goods in its possession and will be indemnified by the buyer for any loss thereby incurred.
PROPERTY IN GOODS
Until full payment has been made of the price of the goods and of any other sums whatsoever which are or may become outstanding from the buyer to the company, whether accrued due or not and whether under any particular contract or howsoever and including debts and liabilities arising before and after the date of contract. The property in the goods shall not pass to the buyer and the buyer shall not keep the goods as bailee for the company (returning the same to the company upon request). The buyer shall be at the liberty to sell the goods in the ordinary course of the business in the name of the buyer and as principal and not as agent for the company notwithstanding the fact that the title of the goods has not passed to the buyer but the benefit of such contract of sale and the proceeds of any such sales shall belong to the company absolutely.
The buyer shall keep and safely store the goods separately and in such manner as they can be readily identified as the property of the company.
Returns will not be accepted without an RMA. Custom / Manufactured to order items are non returnable unless proved faulty. Any item returned will be subject to a minimum 25% or £25.00 (whichever greater) re-stocking fee. Returns not accepted after 14 days from receipt of goods. RMA must be requested within 3 days of receipt of goods. Items must be in original packaging, unused and unmarked. Responsibility for the return shall be at the cost to the buyer.
QUALITY, CONDITION AND DESCRIPTION OF GOODS AND SERVICES
The company warrants that products, parts or material manufactured by it will be of good materials and workmanship and that reasonable care will be employed in assembling or incorporating items not manufactured by it and in performing services so that upon the buyer given written notice to the company that goods has not been supplied or services performed as aforesaid if the same be established and provided the buyer has not tampered with the goods the company will at its own expense or its option replace or repair such defective goods or remedy such defaults in service.
The same term shall apply mutatis mutandis, in respect of such replacement or repaired goods or remedial services.
The above warranty shall apply in respect of matters whereof the buyer gives written notice within the warranty period of performance or of replacement or repaired goods or remedial services respectively after which any claim in respect thereof shall be absolutely barred.
Such replacement or repaired goods or remedial services will be the absolute limit of the company’s liability and the company will not be liable in any circumstances whatsoever for the loss or damage of any kind suffered by the buyer or any third party howsoever caused unless the same shall relate to personal injury or death and only if the same shall arise out of the company’s negligence. Save as aforesaid the company shall be under no liability whatsoever in regard to goods or services or replacement or warranty which might otherwise be implied or incorporated by the contract by reason of statute or common law thereby excluded.
Unless otherwise provided in writing any written communication or notice under the contract shall be made or given by sending the same by ordinary, prepaid first class letter post in the case of the company to its current address in the case of the buyer to his last known address and if so sent shall be deemed to be made or given two days after the date when posted.
LAW AND INTERPRETATION
The contract shall be governed by English law and the buyer shall submit to the non exclusive jurisdiction of the English courts. If any of these conditions or any part thereof is to be rendered void or unenforceable by any legislation to which it is subject or by any rule of law it shall be void or unenforceable to that extent and no further.