1. Definitions

    Buyer
    the person authorised by a company or organisation who buys or agrees to buy the Goods from the Seller.
    Conditions
    the terms and conditions of sale as set out in this document and any special terms and conditions agreed in writing by the Seller.
    Goods
    the articles which the Buyer agrees to buy from the Seller.
    Price
    the price for the Goods, excluding VAT and any carriage, packaging and insurance costs.
    Seller
    means M-Tech Printers Limited of 7, Maidenhills, Middlewich, CW10 9PJ, UK. Company Number 9075573
    Manufacturer
    is the Original Equipment Manufacturer (OEM), their distributor, or Agent who supplied the Goods to the Seller.
  2. Jurisdiction and Governing Law

    1. Any contract of which these conditions form a part shall be governed by the laws of England and the Buyer hereby submits to the jurisdiction of the English courts.
  3. Conditions

    1. These Conditions shall form the basis of the contract between the Seller and the Buyer in relation to the sale of Goods, to the exclusion of all other terms and conditions including the Buyer’s standard conditions of purchase or any other conditions which the Buyer may purport to apply under any purchase order or confirmation of order or any other document.
    2. All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods from the Seller pursuant to these Conditions.
    3. Acceptance of delivery of the Goods shall be deemed to be conclusive evidence of the Buyer’s acceptance of these Conditions.
    4. These Conditions may not be varied except by the written agreement of Graham Millman (Director of) the Seller.
    5. These Conditions represent the whole of the agreement between the Seller and the Buyer. They supersede any other Conditions previously issued.
  4. Price

    1. The Price shall be the price quoted by the Seller. The Price is exclusive of VAT which shall be due at the rate in force on the date of the Seller’s invoice.
    2. The prices given in an official, written quotation are valid for 28 days after which time they may be revised to reflect changes in supplier costs.
    3. The offer to supply and the prices agreed in a Proforma Invoice are valid for 14 days after the shipping date given on the Proforma. After this time, the prices or offer to supply may be withdrawn and a re-order negotiated.
    4. The Price applied to sales orders will remain in force throughout the life of the order up to a maximum period of 12 months (unless otherwise agreed in writing). Call offs beyond the term of the original order may be subject to Price adjustments.
    5. The Seller reserves the right to revise the Price during the term of a contract if the rate of exchange between GBP (Sterling) and either the USD or Euro should fluctuate by greater than 10% of the rate in force at the time the order was accepted. Please note, such exchange rate changes could result in a either a reduction or increase in the previously agreed Price.
  5. Payment and Interest

    1. Payment of the Price and VAT shall be due within the agreed period as indicated by the payment due date included on the Seller's Sales Invoice.
    2. The time stipulated for payment shall be of the essence of the Agreement.
    3. Failure to pay within the period specified shall entitle the Seller to write to the Buyer upon the expiration of seven days notice, to charge the Buyer for costs and expenses incurred in recovering late payments, and to charge interest at the rate then in force pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 as at the due date.
    4. The Buyer shall pay all accounts in full and not exercise any rights of set-off or counter-claim against invoices submitted by the Seller.
    5. The Seller can accept payment by; bank transfer, cheque or credit/debit card. Payments by credit card may be subject to a surcharge and payments by cheque might incur a handling charge.
  6. The Goods

    1. The quantity and description of the Goods shall be as set out in the Seller’s confirmation of order.
  7. Delivery of the Goods

    1. Delivery of the Goods shall be made to the Buyer’s address unless an alternative address has been requested by the Buyer, in writing on a purchase order. The Buyer shall make all arrangements necessary to take delivery of the Goods on the day notified by the Seller for delivery.
    2. The Seller undertakes to use its reasonable endeavours to despatch the Goods on an agreed delivery date, but does not guarantee to do so. Time of delivery shall not be of the essence of the contract.
    3. The Seller shall not be liable to the Buyer for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the Goods. If short delivery does take place, the Buyer undertakes not to reject the Goods but to accept the Goods delivered as part performance of the contract.
    4. If the Buyer fails to take delivery of the Goods on the agreed delivery date or, if no specific delivery date has been agreed, when the Goods are ready for despatch, the Seller shall be entitled to store and insure the Goods and to charge the Buyer the reasonable costs of so doing.
  8. Carriage of Goods

    1. Carriage will be chargeable on all sales unless otherwise agreed before the sales order has been accepted. The rate of any carriage charge will be calculated according to the weight, dimensions, number of cartons and delivery address.
  9. Acceptance of the Goods

    1. The Buyer shall be deemed to have accepted the Goods 48 hours after delivery to the address indicated on the purchase order.
    2. The Buyer shall carry out a thorough inspection of the Goods within 48 hours of delivery and shall give written notification to the Seller within 5 working days of delivery of the Goods of any defects which a reasonable examination would have revealed.
    3. Where the Buyer has accepted, or has been deemed to have accepted, the Goods the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.
  10. Title and Risk

    1. Risk shall pass on delivery of the Goods to the address specified by the Buyer on the purchase order.
    2. Notwithstanding the earlier passing of risk, title in the Goods shall remain with the Seller and shall not pass to the Buyer until the amount due under the invoice for them (including interest and costs) has been paid in full.
    3. Until title passes, the Buyer shall hold the Goods as bailee for the Seller and shall store or mark them so that they can at all times be identified as the property of the Seller.
    4. The Seller may at any time before title passes and without any liability to the Buyer:
      1. repossess and dismantle and use or sell all or any of the Goods and by doing so terminate the Buyer’s right to use, sell or otherwise deal in them; and
      2. for that purpose (or determining what if any Goods are held by the Buyer and inspecting them) enter any premises of or occupied by the Buyer.
    5. The Seller may maintain an action for the price of any Goods notwithstanding that title in them has not passed to the Buyer.
  11. Limitations of Liability

    1. The Seller disclaims all liability for, and the Buyer specifically waives all right to, any special, incidental or consequential damages, including any damages to property or any damages resulting from loss of data, profit, or goodwill, which the Buyer or the Buyer's customers might suffer directly or indirectly as a result of any breach of any warranty, representation or covenant by the Seller or the Manufacturer of the Goods. The Buyer also agrees to defend, indemnify and hold harmless the Seller from any such claims of the Buyer's customers.
  12. Warranties

    1. The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller in the confirmation of order.
    2. The Manufacturer's warranty applies to products sold by the Seller. Warranties vary by the Manufacturer and the Seller will provide the Buyer, upon request, information about the terms of any warranty that might apply to the Goods supplied. Please note, battery packs (where applicable) are normally exempt from warranty.
    3. If product is DOA (Dead On Arrival), or fails during the Manufacturer's DOA period, the Seller will arrange for replacement within the guidelines of the Manufacturer's warranty.
      The Buyer must return defective Goods, complete with boxes, manuals, warranty cards, all accessories and anti-static bags within 15 days of the sales invoice date.
      Returns must be shipped freight and insurance pre-paid.
      A copy of the Seller's Sales Invoice must accompany DOA return Goods. This is often required by Manufacturers to support warranty claims. If the Sales Invoice is not provided, the Seller may charge a small fee to search records for invoice copies to support the warranty claim.
      The Seller will charge for all items missing from returns or Goods that are not complete and in factory condition.
    4. Warranty may also be provided against defects in workmanship and materials for the period of time specified by the Manufacturer, provided that the Goods are unmodified and have been operated under normal and proper conditions. The term of the warranty shall commence from the date of the Seller's Sales Invoice and apply only to the Buyer as described by the Sales Invoice. The customer is responsible for maintaining copies of invoices to support warranty claims.
      Warranties are limited to repair or replacement at the Manufacturer's option within a reasonable length of time after being returned to the Manufacturer or the Seller. Goods should be returned by a suitable carrier selected by and paid for by the Buyer.
      Warranties do not apply to any Good that has been subject to misuse, neglect, accidental damage, unauthorized repair or tampering. Preventative maintenance activities, if required, are not covered by warranty.
      Warranties cannot be honoured for Goods in which serial numbers, manufacturing dates or other means of identification have been altered or removed.
    5. The Seller's policies and Manufacturer's warranties are subject to change without prior notice.
  13. WEEE Compliance, B2B Terms & Conditions

    1. The B2B end user (the Buyer) is responsible for all liabilities regarding the environmentally sound disposal of this EEE when it is discarded as WEEE.
      The Seller may, for commercial reasons only, offer a take back option when a B2B end user is purchasing a new product, however, this will be decided on a case by case basis and may incur a charge.
      For local environmental sound disposal please contact 0845 2577024 or info@northerncompliance.co.uk for a free no obligation quote for the removal of WEEE items from a B2B end user.