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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.
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