Website Terms of Use
Our Contract
1.1 These Terms and Conditions govern the supply of goods sold by Marshall Industrial Supplies Ltd (No. 3885253)
of Unit E Acorn Park, Redfield Road, Lenton, Nottingham, NG7 2TR, U.K
(we and us) to the customer (you). Our VAT number is 745 4636 15.
1.2 All orders placed by you and purchases of goods from us via our
website are on the basis of these Terms and Conditions and are subject
to acceptance by us either (as applicable): (i) by delivery of the goods
to you; or (ii) by providing the goods you have purchased to you at the
trade counter, at which point a legally binding contract is constituted
between us.
1.3 The processing of your payment and acknowledgment of your order does not constitute legal acceptance of your order.
Ordering
2.1 On our website, you may place an order to purchase a product
advertised for sale by following the onscreen prompts after clicking on
the item you wish to purchase. You will have an opportunity to check and
correct any input errors in your order up until the point at which you
place your order by clicking the "Place order and pay" button on the
checkout page.
2.2 All orders placed by you,and purchases of goods by you from
us,are subject to acceptance by us (as described in clause 1.2). We may
choose not to accept your order or purchase for any reason and will not
be liable to you or to anyone else in those circumstances.
2.3 Where we accept your order, we have a legal duty to supply goods that are in conformity with these Terms and Conditions.
Price & Payment
3.1 The price payable for the goods you order or purchase is as set
out in store and on our website at the time you submit 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 as advised to you. All prices include the current applicable
VAT rate.
3.3 Occasionally, we advertise goods at a promotional price; you must
quote the relevant promotion code, otherwise you may be charged the
full price.
3.4 Occasionally, an error may occur and goods may be incorrectly
priced in which case we will not be obliged to supply the goods at the
incorrect price or at all. We will (at our discretion) either cancel
your order and refund the price you have paid or use reasonable
endeavours to contact you and ask you whether you wish to continue with
the order at the correct price. If we are unable to contact you or you
do not wish to continue with the order at the correct price, we will
cancel your order and refund the price you have paid.
3.5 We must receive payment for the whole of the price of the goods
you order and purchase, and any applicable charges for delivery, before
your order can be processed unless we have agreed otherwise in advance
in writing.
3.6 For website orders, payment can be made by most major credit or
debit cards, by completing the relevant details on the checkout page.
3.7 By using a credit/debit card to pay for your order or purchase,
you confirm that the card being used is yours or that you are authorised
to use it.
3.8 All credit/debit card holders are subject to validation checks
and authorisation by the card issuer. If the issuer of the card refuses
to authorise payment we will not accept your order or purchase, we will
not be obliged to inform you of the reason for the refusal, and we will
not be liable for the item not being delivered or provided to you. We
are not responsible for the card issuer or bank charging the holder of
the card as a result of our processing of your credit/debit card payment
in accordance with your order or purchase.
3.9 We recommend that you do not communicate your payment card
details to anyone, including us, by email. Subject to clause 9.5, we
cannot be responsible for any losses you may incur in transmitting
information to us by internet link or by email. Any such loss shall be
entirely your responsibility.
3.10 If you are a trade customer, you are responsible for all orders
placed by your employees and for any purchases made on cards issued to
you and we are not bound by any individual order limit you may impose on
your employees.
3.12 We shall be entitled at all times to set off any debt or claim
which we may have against you against any sums due from us to you.
3.13 The format of our invoice and statements to you will solely be
dictated by us and we will not enter into any variation of our format
unless any proposed variations are requested in writing at least six
months in advance and expressly agreed by us.
3.14 A VAT invoice will be sent to the email address registered
against the order placed, only when the order is fully dispatched. This
will only be sent in a email format. If a paper copy is required, there
is a £3.50 Inclusive of VAT at 20% one off administration fee per
invoice sent to the billing address registered against the order. The
payment must be made before the invoice will be sent.
Delivery & Title
4.0 Carriage is calculated on your delivery location. We offer 'free
delivery' for orders over £70 Excluding VAT at the current rate for
mainland postcodes only (England). Some items maybe exempt from 'free
delivery'. Please see the product page for the fixed delivery charge.
Some areas of the United Kingdom are classed as 'Out of Mainland' and
you will be quoted/charged the current rate. Deliveries to addresses
outside of the United Kingdom will also be quoted/charged at the current
rate.
4.1 Unless you choose to collect the goods from our trade counters
and except in exceptional circumstances (as contemplated in clause
12),we will deliver the goods in accordance with your order usually
within the stated delivery time but not more than 30 days after the day
you place your order, unless otherwise agreed between you and us,
subject always to clause 6 and 12. We reserve the right to deliver an
order in instalments by separate delivery shipments. Further information
about delivery of our goods can be found at the delivery help page.
4.2 Before placing your order, please refer to the delivery options
set out on our website to ensure that we can deliver to your address. A
valid signature may 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. We suggest that
you do 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.
4.3 For reasons of health and safety and to avoid any property
damage, 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, fitting or waste removal services upon delivery
unless otherwise agreed by us in writing.
4.4 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.
4.5 Without prejudice to clause 4.4, upon delivery of the goods to
you or collection of the goods by you, the goods shall be at your risk
and responsibility. In spite of delivery or collection, ownership (also
known as 'title') in the goods shall not pass to you until you have paid
the price for the goods in full and, where other sums payable to us
from you are overdue, you have paid those sums too. Until title in the
goods passes from us to you, you shall: (i) not be entitled to use the
goods; (ii) safely hold the goods for us; (iii) return the goods to us
immediately if we ask you to; and (iv) be liable to us for any loss,
damage or destruction of the goods. In addition, until title in the
goods passes from us to you, you 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. You grant us an
irrevocable licence to enter, with or without vehicles, any of your
premises for the purpose of inspecting or repossessing the goods.
4.6 We have the right to hold any product in our supervision until we
are confident that a full payment has been received for the product.
The product is still the property of Marshall Industrial Supplies Ltd
until the product is paid for in full.
4.7 If you require booked in/timed deliveries we will try and meet
your requirements but we may request further delivery payment as this
will be a special delivery. Any extra cost which may occur will be
notified to you via email and until we receive full
confirmation/payment, we will not release your order.
Availability
6.1 All goods are subject to availability. While we endeavour
to hold sufficient stock to meet all orders and purchases, if we have
insufficient stock to supply or deliver the goods ordered and paid for
by you, we will attempt to contact you using the details you have
provided to us to ask you how you wish to proceed. We may, at our
discretion, process any part of the order which is available. Where
goods are out of stock, we will refund you the price paid for such goods
as soon as possible and in any case within 30 days or, in the case of
an account customer, we may, in our absolute discretion, as soon as
possible raise a credit to offset the amount invoiced to you.
Cancellation, Returns & Refunds
Cancellation
8.1 You may cancel your order and
return the items purchased to us by giving us notice of cancellation
within 30 days of the date of delivery to you or your collection from a
trade counter (as applicable). In relation to goods delivered to you,
you may need to take delivery of the goods before you can cancel your
order if the goods are placed into our delivery process before we
receive your notice of cancellation. Where your order comprises multiple
delivery shipments, the 30 day cancellation period for the goods in
your order runs from the date of the delivery of the last shipment to
you.
8.2 You will lose your right to cancel after the expiry of the 30 day
period referred to in clause 8.1 (this does not affect your rights if
there is any problem with the goods).
8.3 To exercise your right to cancel, you may inform us of your
decision to cancel by post, phone or email using the contact details set
out below at clause 15. You may also cancel by informing us in store at
a trade counter. If you are cancelling because of any problem with the
goods, please notify us of the problem at the time of cancellation.
8.4 On cancellation for whatever reason, where you have received the
goods you must return the goods to us (together with the original
packaging) without undue delay and in any event within 14 days after the
day of the cancellation at your cost (subject to clause 8.11),unless we
agree that you may dispose of them, in which case please comply with
the manufacturer's instructions before disposing of hazardous goods. For
more information on the ways in which you can return the goods you have
received, please see the Returns section of our website here.
You can return certain goods by post from your local Post Office and
larger goods by our carrier pick up service. We may charge a fee for the
carrier pick up service; the amount of the fee will depend on the
good(s) returned.
8.5 Following cancellation, we will refund you the price paid for the
cancelled order (or part of the order cancelled). Where you cancel the
entire order, we will also refund the standard delivery charges (or an
amount equal to those charges if you elect to use a more expensive
delivery method) paid. Where you cancel part of an order, we will not
refund the delivery charges. We will pay the refund within 14 days after
the day:
8.5.1 you notified us to cancel your order, whereyou have not received the goods; or,
8.5.2 we receive the goods you returned to us, where you are in receipt of the goods; or
8.5.3 you provide us with a proof of return for the goods, where you have returned the goods but we have not yet received them.
8.6 We will refund you using the same means of payment as you used to pay for your order or purchase.
8.7 We reserve the right to make a deduction from the amount of the
refund for loss in value of the goods returned where the goods show
signs of unreasonable use; for these purposes, unreasonable use includes
handling the goods beyond what is necessary to establish the nature,
characteristics and functioning of the goods. We may withhold any refund
until we have received the goods or you have supplied proof of return
for the goods.
8.8 Your right of cancellation does not apply to goods that are cut
or mixed to your requirements, made to measure, made to your
specifications or clearly personalised (for example, made to order
kitchen goods, mixed paint or embroidery goods). Your right of
cancellation does not apply to goods which are not suitable for return
due to health protection or hygiene reasons (such as water pumps and
macerators), if you have opened the product packaging after delivery or
collection. Boilers which have had the internal packaging opened cannot
be returned for refund or credit.
8.9 If you cancel your order for a Direct Product, please contact us
and we will arrange for our supplier to collect from you. Some
collections may incur a charge; the amount of the charge will depend on
the good(s) returned.
Faulty Goods
8.11 Where the goods are being
returned because they are faulty or incorrect, we will meet the cost of
return delivery but we ask that you allow us to nominate the carrier.
Your right to return goods in these circumstances is not limited to the
30 day period in clause 8.1.
8.12 Without prejudice to your right to cancel orders generally under
this clause 8, if you have notified us of a problem with the goods
within 30 days of delivery or collection, we may at our option either
offer to make good any shortage or non-delivery; replace or repair any
goods that are damaged or defective upon delivery or collection; or
cancel the order (or part of the order affected) and refund to you the
amount paid by you for the goods in question.
8.13 If an item develops a fault after 30 days following delivery or
collection, and where the manufacturer has provided a helpline, repair
service or warranty, you should contact the manufacturer direct. If
there is no such service or warranty with the product, in most instances
we will either offer a repair or where this is not possible we will
replace the item with the same or an equivalent model.
Legal Rights as a Consumer
8.14 The provisions of this clause 8 do not affect your legal rights if you are a consumer.
Liability
9.5 Nothing in these Terms and Conditions is intended to affect your
legalrights if you are a consumer, nor is it intended to exclude or
limit our liability to you for fraud, fraudulent misrepresentation, for
death or personal injury resulting from our negligence or for any other
liability which cannot be limited or excluded as a matter of applicable
law.
9.6 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
manufacturers specifications and are subject to any qualifications,
representations or instructions contained in the documentation
associated with the goods.
9.7 If you are a trade customer and subject to clause9.5, 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 from 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.
Events Beyond Our Control
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 or for any other liability, in each case that is
caused by any event or circumstance beyond our reasonable control
(including, without limitation, accidents, extreme weather conditions,
fire, explosion, flood, storm, earthquake, natural disaster, failure of
telecommunications networks, inability to use transport networks,
mechanical failures, acts of God, terrorist attack, war, civil
commotion, riots, strikes, lockouts and other industrial disputes, acts
or restraints of Government, and imposition or restrictions of imports
or exports).
General
14.1 If any provision of these Terms and Conditions(including
any provision in which we exclude or limit our liability to you) is
found to be invalid, illegal or unenforceable, the validity, legality or
enforceability of the other provisions of these Terms and Conditions
and the remainder of the provision in question shall not be affected.
Our contract shall be governed by and interpreted in accordance with
English law.