Conditions of Sale
 


    Terms & Conditions of Sale


1 Definitions

1.1 Goods - Means all goods and services which the Customer agrees to buy from Maplin including replacements for defective Goods, hardware documentation and software products licensed for use by the Customer.
1.2 Contract - Means the Contract between Maplin and the Customer for the sale of Goods by Maplin to the Customer.
1.3 Maplin - Means Maplin Electronics Ltd. ("Maplin") whose principal place of business and registered office is at Valley Rd Wombwell South Yorkshire S73 0BS UK.
1.4 Customer - means the person or any company that purchases or agrees to purchase Goods.
1.5 Catalogue - means any published promotional material produced by Maplin.

2 General

2.1 All orders for Goods are accepted by Maplin subject to these conditions of sale which supersede any other terms previously published. Unless otherwise specifically agreed in writing on Maplin headed documentation by a Director of Maplin, these conditions of sale override and exclude any other terms stipulated or incorporated or referred to by the Customer, whether in a purchase order or Catalogue or during any negotiations or any course of dealing established between Maplin and the Customer. These conditions constitute the entire understanding between Maplin and the Customer for the sale of Goods.

2.2 All descriptions and illustrations contained in the Catalogue or any price list or otherwise communicated to the Customer are intended merely to present a general idea of the Goods and nothing contained in any of them shall form any part of the Contract.

2.3 Any Catalogue published by Maplin is an invitation to treat and not an offer to supply.

2.4 Subject to clause 2.5 any advice or recommendation given by Maplin or its employees or agents to the Customer dealing as a consumer as to the storage, application or use of the Goods is followed or acted upon entirely at the Customers own risk and accordingly (except in the case of manifest error, gross negligence or contractual misrepresentation by such persons) Maplin shall not be liable for any such advice or recommendation which is not confirmed in writing by a Director of Maplin.

2.5 Clause 2.4 shall not apply to any Customer purchasing Goods as a consumer.

3 Prices

3.1 All prices for the Goods are in pounds Sterling and subject to Value Added Tax ("VAT") at the relevant rate ruling on the date of despatch and do not include the cost of carriage, package, invoice or other charge which becomes payable under this Contract.

3.2 Whilst every endeavour will be made to maintain the prices in the Catalogue Maplin reserves the right to alter prices at any time without prior notice.

4 Orders

4.1 Where possible orders should be made using Maplin order codes and a Customer number.
4.2 Written confirmation is not required for a telephone order, but if sent it must be marked 'Confirmation Only' to avoid liability for a duplicated delivery. Any resulting duplication of delivery shall be the responsibility of the Customer and Maplin reserves the right to treat such duplication as it sees fit.
4.3 Orders submitted by fax or post should use one of Maplin's official order forms, for which subject to clause 6 hereof there shall be an additional mail order handling charge.

4.4 Maplin 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 despatched for delivery or collected from a Maplin Store, the only exception being when Maplin has been requested to build Goods to special order. Only one mail order handling charge will be levied (if applicable) in respect of the total order.

4.5 No order can be cancelled without the previous written consent of Maplin on its headed documentation. Contact in the first instance must be made through Maplin customer service on 0870-2646002. In the event of the Customer part cancelling Maplin reserves the right to charge the Customer for any difference in the selling price applicable to the quantity despatched up to the time of cancellation and the total price of the original order.

4.6 Maplin reserves the right to decline to trade with any person or organisation. In addition, and notwithstanding any other provisions of these conditions of sale, Maplin may decline to accept any order, whether or not payment has been received, by giving notice of non-acceptance to the Customer by email, facsimile or telephone within 24 hours (excluding weekends and public holidays) of receipt by Maplin of an order. In the event that Maplin declines to accept an order in respect of which payment has been received, the full amount of such payment will be refunded.

5 Credit Account Orders

5.1 Telephone orders to be charged to a Credit Account held by a Customer with Maplin will only be accepted with an official purchase order number.
5.2 Customers wishing to purchase Goods on account at a Maplin store will be required to provide a written purchase order containing the Maplin trade account number. This procedure is also required when a 'call to collect' product reservation is made at a Customer's local Maplin store.
5.3 Such reserved products must be collected within 2 working days, failing which Maplin will charge the Customer a restocking fee.

6 Small Order Handling Charge

Mail order delivery is free (within the UK mainland) for all orders over £30 inclusive of VAT. For small orders under £30 inclusive of VAT a small order charge will be levied. The current charge can be ascertained by contacting Maplin.

7 Payments

7.1 Payment shall be made by the Customer for all monies owed to Maplin in respect of orders for Goods (Payment).
7.2 Payment shall be made on order and is acceptable by cash, cheque or all major credit and debit cards: (Switch, Mastercard, Visa and American Express). Cheques and Postal Orders should be made payable to Maplin Electronics Ltd and crossed "payee only".

7.3 Accounts - Credit terms are available on request and subject to status, satisfactory references and acceptable trading history with Maplin. Payment is due by the end of the month following the month of despatch without any deductions whether arising by way of lawful or alleged right of set off or counterclaim or otherwise whatsoever. The time for Payment is of the essence. If the Credit Customer fails to make any Payment on the due date, then, without prejudice to any other right or remedy available to Maplin, it shall be entitled to:

i) Cancel the order and suspend further deliveries of Goods.
ii) Appropriate any payments made by the Customer to such of the Goods (or Goods supplied under any other order) as Maplin may think fit.
iii) Charge an administration fee for any legal or other actions required to recover monies due.
iv) Charge interest on the unpaid amount from the due date at a rate of 2% per month above base rate of the Bank of Scotland from time to time in force.

8 Ownership/Risk

8.1 The risk of damage to or loss of goods supplied by Maplin will pass to the Customer when the goods are loaded on to the delivery vehicles at Maplin's premises.
However the property in the Goods shall not pass from Maplin to the customer until:

i) The Customer shall have paid the price of the Goods including VAT in full; and
ii) No other sums whatever shall remain owing to Maplin.

8.2 Until property in the Goods passes to the Customer, the Customer shall hold the Goods and each of them on a fiduciary basis as bailee for Maplin. The Customer shall store the Goods (at no cost to Maplin) separately from all other Goods in its possession and marked in such a way that they are clearly identified as Maplin property. Notwithstanding that the Goods (or any part of them) remain the property of Maplin the Customer may sell or use the Goods in the ordinary course of the Customer's business at full market value for the account of Maplin. Any such sale or dealing shall be a sale or use of Maplin property by the Customer on the Customer's own behalf and the Customer shall deal as principal when making such sales or dealings. Until property of the Goods passes from Maplin the entire proceeds of sale or otherwise of the Goods shall be held in trust for Maplin and shall not be mixed with other money or paid into any overdrawn bank account and shall be at all material times identified as Maplin money. Maplin shall be entitled to recover the price of the Goods (including VAT and all other monies due to Maplin from the Customer) notwithstanding that property in any of the Goods has not passed from Maplin.

8.3 Until such time as the property in the Goods passes from Maplin, the Customer shall upon request deliver up such of the Goods as have not ceased to be in existence or resold to Maplin. If the Customer fails to return Goods, Maplin may apply to enter any premises owned occupied or controlled by the Customer where the Goods are situated and repossess the goods. On the making of such request to deliver up the rights of the Customer contained in the preceding sub clause shall cease.

8.4 The Customer shall not pledge or in any way charge by way of security for any indebtedness any of the Goods that are the property of Maplin. Without prejudice to the other rights of Maplin, if the Customer does so all sums whatever owing by the Customer shall forthwith become due and payable.

8.5 The Customer shall insure and keep insured the Goods to the full value against 'all risks' to the reasonable satisfaction of Maplin until the date that property in the Goods passes from Maplin and shall, whenever requested by Maplin, produce a copy of the policy of insurance and evidence of payment of premium. Without prejudice to the other rights of Maplin, if the Customer fails to pay any sums whatever owing by the Customer on the due date, all sums due to Maplin shall forthwith become due and payable.

9 Delivery

9.1 All standard orders over £30 are delivered carriage free throughout the UK mainland.
9.2 Same day despatch is normally achieved irrespective of method of carriage, provided the orders have been received by Maplin before 19.30 hours and are on standard despatch. This does not apply to Goods requiring special modification, e.g. calibration, kits etc. and all orders which are too large to be despatched by Maplins' contracted carrier. Otherwise all orders will usually arrive the following working day, although this cannot and is not guaranteed.


9.3 Delivery will normally only be made to the Customer's registered address unless notified to Maplin in writing beforehand and the Customer shall make all necessary arrangements to take delivery of the Goods when tendered for delivery.


10 First Class Post

Orders under 1kg will be despatched where reasonably practicable by first class post on the same day as the order is received by Maplin.

11 Courier Delivery

All items over 1kg will be despatched where reasonably practicable the same day as the order is received by Maplin by courier and normally delivered next working day.

12 Guaranteed Next Day Delivery - Weekdays Before 10.30 & Saturday 12.00 Noon

Maplin offers a guaranteed delivery service for vital consignments. All orders for guaranteed deliveries must be received by 17.00 (excluding weekends and public holidays) and attract extra charges. Details of the charges are available from Maplin.

13 Export

13.1 Carriage will be charged on orders involving Export at the appropriate rate.
13.2 The Customer is responsible at their own expense to obtain any import or export license or any other documentation deemed necessary by any compliant authority and for the avoidence of doubt any contract with Maplin, is to be governed solely by English Law and the parties agree to submit to the exclusive jurisdiction of the English courts.




14 Inspection, Transit Delays and Non-Delivery

14.1 The Customer must inspect the Goods as soon as reasonably practicable after delivery or upon purchase from a store and shall within 7 working days of such despatch give written notice to Maplin Customer Services of any defect in the Goods or of any other complaint which the Customer may wish to make about Maplin's service.
14.2 Queries regarding shortages of Goods must be made within 7 days of despatch date and must be accompanied by the despatch note. Queries regarding Goods invoiced but not delivered must be made to Maplin Customer Services within 7 days of invoice date and the invoice number must be quoted.

14.3 If the Customer fails to give such notice, the Goods shall be conclusively presumed to be in all respects in accordance with the Contract and free from any defect which would be apparent on reasonable examination, and the Customer shall be deemed to have accepted the Goods accordingly.

14.4 SHOULD THE CUSTOMER DECIDE TO ACCEPT A DELIVERY TO THEM IN A DAMAGED CONDITION THEY MUST ENDORSE THE CARRIERS DELIVERY DOCUMENTATION.

14.5 In no circumstances shall Maplin be liable to compensate the Customer by way of damages or otherwise for non-delivery or late delivery of the Goods or any of them or for any loss consequential or otherwise arising from non-delivery or late delivery.

15 Order Cancellations

In the event of part cancellation by the customer of an order Maplin reserves the right to invoice for any difference in selling price applicable to the quantity despatched up to the time of cancellation plus a restocking charge. Orders where goods have been specifically ordered for Customer requirements (schedule and non-stock items) cannot be cancelled.


16 Warranty and Returns

16.1 Maplin will not accept returns, unless prior authorisation has been approved and a Returns Number issued. To obtain authorisation for return please contact Customer Service on 0870 264 6002. The Returns Number must be clearly identified on both the outer packaging and any internal paperwork when the Goods are returned.

16.2 Any defects which under proper use appear in the Goods within a period of twelve months (or as maybe otherwise previously stated by Maplin) after delivery and which are due to faulty materials, workmanship or design will be made good by Maplin either by repair or, at Maplins option, by replacement provided that the Goods or the defective parts thereof are returned together with (if relevant), all complete accessories, instruction manuals and software and in their original packaging, within the twelve month period, and accompanied by a claim in writing which specifies the date of purchase and invoice number.

16.3 Except as arising under sub-clause 16.2 hereof Goods must be returned to Maplin in their original condition and in their original packaging within 14 days of delivery, stating the relevant despatch number in order for the customer to be eligible for any refund. Where Goods are returned to Maplin after the expiry of this period Maplin reserves the right to levy a handling charge. A charge of 20% of the invoice value, with a minimum charge of £10 will be levied on Goods 'not wanted' or 'incorrectly ordered', or due to duplication resulting from a 'confirmation' order not being endorsed to that effect. All Goods returned under this provision must be received by us within 14 days of original invoice date. Relevant British Standards precautions must be taken by the Customer for the return of Goods classified as ' static sensitive devices'. The Customer must bear all the costs of returning any Goods to Maplin's premises.

16.4 All warranties and conditions whether implied by statute or otherwise are excluded from this Contract provided that nothing in this Contract shall affect the statutory rights of the Customer dealing as a consumer or liability for death or personal injury caused by the negligence of Maplin.

17 General Descriptive Matter

17.1 Whilst every endeavour is made to ensure accuracy, all specifications, illustrations or other details contained in the Catalogue or any price list or advertising material or otherwise communicated to the Customer are intended merely to present a general idea of the product and nothing contained in any of them shall form part of the Contract.

17.2 If the description of any Goods not of Maplin's manufacture contained in any correspondence, advertising material, invoice or the current Catalogue varies from that of the manufacturer's description, the manufacturer's description will be deemed to be the correct description and shall take precedence over Maplin's description. The manufacturer's description is available from Maplin on request.

17.3 Maplin 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.

18 Product Performance

18.1 Unless any Good's performance figures, tolerances or characteristics have been specifically and expressly warranted by Maplin in writing on Maplin headed documentation, Maplin shall be under no liability whatsoever for any failure to attain such figures whether attributable to Maplin's negligence or otherwise.

18.2 The responsibility for ensuring that Goods are sufficient and suitable for the Customer's requirements is that of the Customer save insofar as Maplin have specifically advised the Customer in writing on Maplin headed documentation that the Goods are sufficient and suitable for the Customer's purposes having been fully and accurately advised by the Customer of their requirements.

19 Quality Assurance

All mail order Goods detailed in the Catalogue have been processed in strict accordance with standard quality procedures approved to BS EN ISO 9002; 1994.

20 Country of Origin

Goods listed in any Maplin Catalogue may originate from a Non-EC source. Unless otherwise confirmed by Maplin in writing, nothing published by Maplin is to be taken as representation of the source of origin, manufacture or production of the Goods or any part thereof.


21 Copyrights, Patents, Intellectual Property and Information

21.1 Goods offered for sale in any Maplin Catalogue may be subject to a patent, trade mark, registered design, copyright, topography right or other right of any person. Maplin owns full copyright in respect of any Catalogues whether published in paper or electronic form such as CD-ROM or through the Internet. The reproduction, storage in a retrieval system, or transmission, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, in part or in whole, is prohibited without Maplin's prior written consent. Notwithstanding any other term of these conditions of sale, title in any software program that forms part of the Goods purchased is retained and will not pass to the Customer. Such software programs may only be used by the Customer and a revocable non-exclusion licence is hereby granted for such purpose (so far as Maplin are able) and must not be copied or altered or otherwise modified in any way. Maplin reserves the right to record and use Customer information supplied by the Customer including telephone conversations with the Customer.

21.2 Where any designs or specifications have been supplied by the Customer for manufacture by or to the order of Maplin then the Customer warrants that the use of those designs or specifications for the manufacture, processing, assembly or supply of the Goods shall not infringe the rights of any third party and the customer shall indemnify Maplin against the breach of such warranty accordingly.

22 Data Protection

22.1 Maplin may keep and use the Customers personal details for the purpose of providing services to the Customer. In addition Maplin may need to disclose the Customers details to organisations working with them anywhere in the world (for example credit reference agencies, organisations who manage Maplin IT systems, mailing houses and call centres).
22.2 Maplin may send the Customer details of other Goods and services offered by Maplin that may be of interest the Customer. If the Customer does not wish to receive details of these offers then they should contact Maplin either in writing at Valley Road, Wombwell, Barnsley, S73 0BS, by facsimile on 0870-2646001, by telephone on 0870-2646000 or by e-mail at customerservice@maplin.co.uk
By accepting these conditions the Customer agrees to all information relating to them or Goods purchased being held and processed for marketing or other purposes by Maplin.


23 Limitation of Liability

23.1 The Customer will be responsible for ensuring the fitness for purpose of the Goods for the Customer's application unless the purpose is previously notified to Maplin in writing and accepted by Maplin in writing by a Director.
23.2 Maplin 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 Maplin's negligence or that of its employees, agents or sub-contractors save for any loss or damage arising from personal injury.
23.3 Maplin 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 Contract with the Customer, 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 Maplin, 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.
23.4 The entire liability of Maplin 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.

24 Force Majeure

Maplin 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 of Maplin's obligations in relation to the Goods, provided that the delay or failure was due to any cause beyond Maplin's reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond Maplin's reasonable control: 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 Maplin or of a third party); difficulties in obtaining raw materials, labour, fuel, parts or machinery; power failure or breakdown in machinery.


25 Law

All contracts between Maplin and the Customer shall be governed by and interpreted in accordance with English Law and the Customer submits to the exclusive jurisdiction of any competent Court in England.


26 Consumer Protection

Nothing contained herein shall affect a Customer's statutory rights if he/she 'deals as a consumer' as defined in Section 12 of the Unfair Contract Terms Act 1977.
Calls may be monitored and recorded for training purposes.


27 Insolvency

27.1 If the Customer fails to make payment for the Goods in accordance with this Contract or permits any other breach of this Contract for sale or if any distress or execution shall be levied upon any of the Customers Goods or if the Customer offers to make any arrangement with its creditors or if any petition in bankruptcy is presented against the Customer or the Customer is unable to pay its debts as they fall due or if being a limited company any resolution or petition to wind up the Customer (other than for the purpose of amalgamation or reconstruction without insolvency) shall be passed or presented or if a Receiver, Administrative Receiver or Manager shall be appointed over the whole or any part of the Customer's business or assets or if any petition for the appointment of any administrator is presented against the Customer or if the Customer shall suffer any analogies proceedings under foreign law all sums outstanding in respect of the Goods shall become payable immediately. Maplin may in its absolute discretion and without prejudice to any other rights which it may have:

27.2 Suspend all future deliveries of Goods to the Customer and/or terminate the Contract without liability upon its part; and/or
27.2 Exercise any of its rights pursuant to clause 8


28 Headings

All headings are for ease of reference only and shall not affect the construction of this contract.

29 Severance

Any provision of this Contract 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 this Contract.


30 Waiver

No waiver or forbearance by Maplin (whether expressed or implied) in enforcing any of its rights under this Contract shall prejudice its right to do so in the future.

31 Rights of Third Parties

Save as expressly provided none of the provisions of this Contract are intended to or will operate to confer any benefit (pursuant to the Contracts (Rights of Third Parties) Act 1999) on a person who is not named as a party to this Contract.

Copyright ©1995-2002 Maplin Electronics Ltd. All rights reserved.