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Terms & Conditions
Date amended - Sunday, 03 February 2013
1. Interpretation.
(a) In these Terms & Conditions of sale "The Company" shall mean MR OHMS LIMITED (registered in the Register of Companies under No. 2779512).
"The Buyer", shall mean any person, firm, company, public authority, or statutory body, which places order(s) for equipment, products or services, sold or supplied by the Company which order(s) are accepted by the Company. "Goods" shall mean the goods (including any instalment of the goods or any parts for them) which the Company is to supply in accordance with these Conditions. "Contract" shall mean the contract for the purchase and sale of the goods. “Conditions” shall mean these terms and conditions.
(b) The placing of an order with the Company by the Buyer shall be deemed to be an acceptance of these Conditions by the Buyer.
(c) Any reference in these Conditions to any provision of statute shall be construed as a reference to that provision as amended, re-enacted, or extended at the relevant time.
(d) The headings in these Conditions are for convenience only and shall not affect their interpretation.
(e) The Company shall sell and the Buyer shall purchase the Goods in accordance with any written quotation of the Company which is accepted by the Buyer, or any written order of the Buyer which is accepted by the Company, subject in either case to these conditions, which shall govern the Contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by the Buyer. Orders sent in confirmation of telephone or fax instruction should be clearly marked as such, otherwise any additional expense incurred by the Company as a result of duplication of an order, will be charged to the Buyer.
(f) No variation to these Conditions shall be binding unless agreed in writing between the authorised representatives of the Buyer and the Company.
(g) These Conditions exclude any other terms and conditions which are inconsistent which the Buyer might seek to impose even though such other terms and conditions may be submitted in a later document and even though such other terms and conditions may purport to exclude or supersede these terms and conditions or may be contained in any offer acceptance or counter offer made by the Buyer.
2. Accounts.
Prospective Buyers wishing to open a credit account should apply on a "Credit Account Application Form" (available from the Company on request), acknowledging these Terms & Conditions, copies of which are available from the Company. Until the opening of an account has been confirmed by the Company in writing, goods will only be supplied on a payment with order basis, otherwise delivery will not be made until the opening of a credit account has been approved which will be operated separate to our website (www.mrohms.com) and on a local basis only. The Company reserves the right to decline any credit application without stating any reason.
3. Payment & Prices.
All prices are made at current prices, but are subject to alteration without notice. Goods will be charged at prices (and, where applicable, discounts) ruling at the date of despatch. Any price or discount quoted will be applicable only to quantity or quantities specified on the Buyer's enquiry and change in quantity may require an alteration in the price(s) and/or discount(s) (if any) offered in the Company's quotation.
Any typographical, clerical, or other error, or omission in any sales literature, quotation, price list, acceptance of offer, invoice, or other document or information issued by the Company, shall be subject to correction without any liability on the part of the Company. Owing to alterations in design, the Company cannot guarantee that all Goods supplied will be in exact accordance with illustrations provided in any sales literature or other document or information issued by the Company, such illustrations being inserted only as a general indication of appearance.
4. Orders & Specifications.
The Company's employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Company in writing. In entering into the contract, the Buyer acknowledges that it does not rely on any such representations which are not so confirmed.
The Buyer shall be responsible to the Company for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Buyer, and for giving the Company any necessary information relating to the Goods within a sufficient time to enable the Company to perform the Contract in accordance with its terms.
The quantity, quality and description of and any specification for the Goods shall be those set out in the Company's quotation (if accepted by the Buyer) or the Buyer's order (if accepted by the Company).
The Company reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable statutory or EC requirements or, where the Goods are to be supplied to the Company's specification, which do not materially affect their quality or performance.
No order which has been accepted by the Company may be cancelled by the Buyer, except with the agreement in writing of the Company, and on terms that the Buyer shall indemnify the Company in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Company as a result of cancellation.
For materials which do not comprise the Company's normal stock orders are accepted on the understanding that once the order has been accepted by the manufacturer, it cannot be cancelled except by agreement with and on the terms and conditions laid down by the manufacturer.
5. Prices.
The prices shown on the companies website are current at the time of preparation exclusive of any applicable value added tax, but it must be clearly understood that they are subject to alteration without notice, and goods will be invoiced at prices ruling at the date of despatch.
Whilst every care is taken in compiling catalogues, and quotations, the Company cannot accept responsibility for accidental errors and omissions.
6. Payment.
Subject to any special terms agreed in writing between the Buyer and the Company and/or any provision to the contrary in these Terms & Conditions of Sale, the Company shall be entitled to invoice the Buyer for the price of the Goods on agreement of sale under our general terms & conditions.
Goods are offered to you on a payment with order basis. Your payment will be authorised by either CardSave Merchant Services or PayPal prior to despatch. We accept most major credit/debit cards subject to those being accepted by CardSave Merchant Services. At the time if writing these are; PayPal, VISA, VISA Debit, VISA Electron, MasterCard, Solo and Maestro.
7. Delivery.
Delivery will be made to the Buyer's premises as stated by the Buyer when an order is submitted, or if notified by the Buyer Goods shall be left available for collection and this shall constitute delivery. Any dates quoted for delivery of the Goods are approximate only and the Company shall not be liable for any delay in delivery of the Goods however caused, for example, due to delays in manufacturers' deliveries to the Company. Time for delivery shall not be of the essence of the Contract, unless previously agreed by the Company in writing. If the Goods are not delivered within 5 days of the quoted delivery date, the Buyer should notify the Company, so that the Company may in its discretion, assist in investigating the delay. The Goods may be delivered by the Company in advance of the quoted delivery date. The Company reserves the right to deliver all or any of the Goods in advance of the agreed delivery date.
All Goods are Checked and packed carefully to ensure safe Delivery. The Company is not responsible for loss or damage in transit. Please see section 10 on Checking Goods for damage.
Any delivery times quoted are advisory only, and may be subject to alteration dependent upon Manufacturers' deliveries to the Company.
If the Buyer fails to take delivery of the Goods or fails to give the Company adequate delivery instructions prior to the time stated for delivery (other than by reason of any cause beyond the Buyer's reasonable control or by reason of the Company's fault) then, without prejudice to any other right or remedy available to the Company, the Company may store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage or sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract or charge the Buyer for any shortfall below the price under the Contract.
No charge is normally made for delivery from the Company's warehouses within van delivery areas (details of which are available from the Company on request), but the Company reserves the right to charge carriage, packing and insurance where appropriate in respect of deliveries outside delivery areas, whether by the Company's transport or other carrier (which delivery areas are available from the Company on request). Where goods are specially ordered from a Manufacturer for delivery to the Company's warehouse or direct to the Buyer's premises and a carriage charge is made by the manufacturer, the Company reserves the right to pass on this charge to the Buyer. Where a delivery is required by the Buyer outside scheduled delivery times or areas and a special delivery is made either by the Company's transport or by other carrier, the Company reserves the right to make a charge for such delivery. Where delivery is made by another carrier, the Company may, at its discretion, but shall not be obliged to, assist in investigating any loss or damage caused.
Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract, and failure by the Company to deliver any one or more instalment, in accordance with these Conditions, or any claim by the Buyer in respect of any one or more instalment, shall not entitle the Buyer to treat the Contract as a whole as repudiated.
8. Returns Policy
Goods that are received damaged must be reported to us within 7 days of delivery.
Returns must be made with a completed returns form, please click the icon to download the form, and a returns number, please contact returns@mrohms.com
When you contact us for a returns number you should include a list of the items being returned and the original invoice number. Returned goods without prior authorisation will be subject to an administration fee to cover the extra work and time to process your return.
9. Returns Policy - Faulty Goods.
We will refund the cost of the goods. Please contact returns@mrohms.com to arrange returns authorisation and please fill out all fields stated on our returns form to ensure that we can process the returns procedure quickly and efficiently. All returns are tested and if the item(s) proves not to be faulty when tested we will return item(s) back and will charge the appropriate delivery/postage charge back. For Returns on lamps if faulty please contact us at returns@mrohms.com for information regarding faulty lamp procedure. Due to the nature of certain lamps we cannot fully guarantee all lamps, but we will endeavour to rectify your claim. When we have processed your claim we will endeavour to settle your credit as soon as possible but please allow up to 28days to process your claim. Your statutory rights will not be affected.
10. Checking Goods for Damage and Notifying mrohms.com
For small item deliveries that arrive with carriers you agree to open all boxes and thoroughly check the goods for damage on the day of delivery and notify us of any damage within 7 days of the delivery. If we are not notified of damage within 7 days we are unable to claim from either the manufacturer or the carrier. You agree to indemnify us in full for any losses we suffer as a result of your failure to notify us within 7 days.
All consignments must be examined immediately on arrival thereof. If any parcel appears damaged or pilfered, the receipt must be clearly marked “parcel damaged” or “pilfered”. The company must be notified of the damage or short delivery as soon as possible to be able to rectify any claim(s) made. Failure to do this will result in any claim(s) being dismissed and the company will hold no liability for loss or damage during delivery.
For bulky deliveries that arrive on pallets you agree to check the goods for damage before signing the driver’s delivery note. If you sign for the goods, even if you write the words "Unchecked" or similar on the delivery note, then you are accepting that the goods arrived in good condition and later claims for damages will not be considered. If the driver refuses to wait while you check the goods then you must refuse to accept the delivery and email returns@mrohms.com with the details as soon as possible. If someone else is signing for the goods on your behalf you agree to advise them that the goods must be checked and you accept full responsibility for any loss or damage if they sign on your behalf and fail to check. You agree to indemnify us in full for any losses we suffer as a result of you or your agent accepting goods and signing a delivery note without thoroughly checking the goods for damage.
11. Returns Policy - Changed Your Mind?
If you change your mind about the product when you receive it you can inform us within 14 days of delivery that you would like to return the item for a refund. It is your responsibility to ensure that returned goods reach us in good condition. They should be well packed and sent to:
Mr OHMS Ltd Returns Dept.
Unit 7a, Old Boundary Way
Ormskirk
L39 2YW
United Kingdom
For large pallet deliveries please be aware that the costs to send them back will be considerably higher than you are charged for delivery. We suggest that you take out carrier insurance because if the goods do not arrive in re-saleable condition no refund will be made.
PLEASE NOTE THAT IF YOU WRITE OUR ADDRESS ALL OVER THE PRODUCT PACKAGING THEN THE PRODUCT IS NO LONGER IN RESALEABLE CONDITION AND YOU WILL NOT BE REFUNDED.
12. Retention of Title.
It is expressly stated that title to any goods supplied by the Company does not pass to the Buyer until payment in full has been received by the Company in respect of any such goods and any other outstanding amounts due and payable to the Company. The risk of loss or damage to the goods shall pass to the Buyer at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, the time when the Company has tendered delivery of the Goods.
Until such time as the legal title in the Goods passes to the Buyer, the Buyer shall keep the Goods separate from those of the Buyer and third parties and properly stored, protected and insured and identified as the Company's property, but shall be entitled to resell or use the Goods in the ordinary course of its business.
Until such time as the legal title in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold), the Company shall be entitled at any time to require the Buyer to deliver up the Goods to the Company and, if the Buyer fails to do so forthwith, to enter upon any premises of the Buyer or any third party where the Goods are stored and repossess the Goods.
13. Warranties & Liability.
Any advice or recommendation given by the Company or its employees or agents to the Buyer, or its employees or agents as to the storage, application, or use of the Goods which is not confirmed in writing by the Company, is followed or acted upon entirely at the Buyer's own risk, and accordingly, the Company shall not be liable for any such advice or recommendation which is not so confirmed.
Any statutory or other warranty, condition, description, or representation, express or implied, as to the state, quality or fitness of the Goods, the subject of the Contract is hereby expressly excluded. Notwithstanding the foregoing, the Buyer shall be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to the Company.
Subject as expressly provided in these Conditions, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law, are excluded to the fullest extent permitted by law.
Where the Goods are sold under a consumer transaction (as defined by the Consumer transactions (Restrictions on Statements) Order 1976)) the statutory rights of the Buyer are not affected by these Conditions.
Any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by the Buyer) be notified to the Company within 7 days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused, and the Buyer does not notify the Company accordingly, the Buyer shall not be entitled to reject the Goods and the Company shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.
Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to the Company in accordance with these Conditions, the Company shall be entitled to replace the Goods (or the part in question) free of charge or at the Company's sole discretion, refund to the Buyer the price of the Goods (or a proportionate part of the price), but the Company shall have no further liability to the Buyer.
Except in respect of death or personal injury caused by the Company's negligence, the Company shall not be liable to the Buyer 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 the Contract, for any indirect, special, or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Company, 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 Buyer, and the entire liability of the Company under or in connection with the Contract, shall not exceed the price of the Goods, except as expressly provided in these Conditions.
The Company shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Company's obligations in relation to the Goods; if the delay or failure was due to any cause beyond the Company's reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Company's reasonable control:-
(a) Act of God, explosion, flood, tempest, fire or accident.
(b) War or threat of war, sabotage, insurrection, civil disturbance or requisition:
(c) Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary, or local authority;
(d) Import or export regulations or embargoes;
(e) Strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Company or of a third party);
(f) Difficulties in obtaining material supplies, labour, fuel, parts or machinery;
(g) Power failure or breakdown in machinery.
14. Errors and Omissions
The Company reserves the right to amend any accidental error or omission without liability.
Health & Safety at work Act 1974
All goods are sold on the express understanding that Buyers are aware of the requirements and provisions of the Health & Safety at Work Act 1974. The Company takes every care to ensure that goods offered for sale comply with the above act when properly used, and will not accept liability in the event of misuse by a Buyer.
15. General.
Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to that other party at its registered office, or principal place of business, or such other address as may at the relevant time, have been notified pursuant to this provision to the party giving the notice.
No waiver by the Company of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of the provisions in question shall not be affected.
This Contract shall be governed by the laws of England, and the Buyer agrees to submit to the exclusive jurisdiction of the English Courts.
This Contract is personal to the Buyer, who shall not assign nor in any way part with the benefit thereof without the Company's prior written consent. The parties do not intend any third party rights to be created under or pursuant to this Contract.
16. Cookies.
We may use information obtained about you from cookies (files which are sent by us to your computer or other access device) which are created when you visit our site. The type of cookies that we use (known as session cookies) only gives us information about which pages you have visited – they do not store any personal information about you. We use the information gathered to help improve your experience of using this site and to provide us with information to which pages are most popular. The cookies only work for as long as you stay on the site and will not identify you or reconnect when you revisit our site. If you want to delete any cookies that are already on your computer, please refer to the instructions for your file management software to locate the file or directory that stores cookies. If you want to stop cookies being stored on your computer in the future, please refer to your browser manufacturer’s instructions by clicking “help” in your browser menu. Further information on deleting or controlling cookies is available here, please note that by deleting our cookies or disabling future cookies you may not benefit from features on our site.
17. Complaints.
We aim to deal with any complaints in a fair and timely manor any complaints should be addressed in writing to the company on the website contact form. Whilst we endeavour to process all complaints in a timely manor please allow up to 5 working days to collate the information provided to make a fair and detailed response to any issues that may arise.
18. These terms and conditions shall be governed and construed in all respects by and in accordance with the Laws of England and you submit to the non-exclusive jurisdiction of the English Courts.
Mr OHMS Ltd ©2024