MTN Productions LTD sales Terms and Conditions, also for https://shopmtn.co.uk/
Owned and operated by MTN Productions LTD
Registered in United Kingdom No: SC635333. Registered office 6 & 7 QUEENS TERRACE ABERDEEN AB10 1XL
MTN Productions LTD recommend that any purchased product(s) and any packaging be reused or recycled once the end of useful life is reached, we request that products are NOT sent to landfill.
A) All prices shown are in £ Sterling and are subject to change with-out notification.
B) Providing products are in stock, we’ll dispatch to the address of your choice within 48 hours of receiving your order. Where products are not in stock or are being made to order via MTN Productions LTD or one of our given third party suppliers, we will advise a dispatch date prior to processing your order. We cannot accept any responsibility for losses or damages caused by late delivery. Please understand that the business carrier services we use only deliver within normal business hours (Unless special Saturday delivery has been agreed by phone in advance) Loading and unloading of goods is the responsibility of the customer. A contact name and telephone number would be advantageous to ensure delivery is completed without undue inconvenience, as carriers cannot deliver at pre-arranged times. All our products are subject to availability, should for some reason the chosen items/item not be available we will offer an alternative or give a full refund.
C) Payments can be made by all major credit/debit cards, PayPal, online, Direct Debit or telephone. Please note that we do not accept payment by cheque. Please contact our sales office on +44 20 3808 1142 or email firstname.lastname@example.org with your order requirements.
Methods of Payment: We can accept payments via Direct Debit, All major Credit Cards and PayPal.
D) We take security and privacy issues very seriously. All credit card details submitted online are securely encrypted before transmission over the internet. This means that shopping online with us is not only convenient but also safe and secure.
E) The European Directive on distance selling applies to this contract which is incorporated into UK law by The Consumer Protection (Distance Selling) Regulations 2000. Goods returned to us will be subject to a re-stocking and carriage charge.
F) We must be notified by email to email@example.com within 24 hours of delivery should goods arrive damaged or incomplete (goods must not have been signed for in good condition). Goods supplied made to order cannot be accepted back for credit. Any special order goods damaged in transit will be rectified.
G) Many of the products we sell are of a technical nature and it is not practical to publish detailed specifications of all the products. All images, descriptive matter, specifications and advertising on our site are for the sole purpose of giving an approximate description of the goods. Any quotation provided is given in good faith and it is the responsibility of the customer to ensure that the products provided/detailed within are suitable for the intended application.
H) General information. If you are unsure about any aspect of your purchase i.e. warranty, description, colour etc please do not hesitate to contact MTN Productions Ltd and we will be happy to help.
I) All special and non-standard items are non-cancellable, non-returnable and must be paid for 100% in advance. All approval drawings provided by MTN Productions Ltd remain the sole property of MTN Productions Ltd and under no circumstance should an approval drawing provided by MTN Productions Ltd be redistributed, edited or used for basis of a competitive tender, Unless expressly authorised in writing by MTN Productions Ltd.
Our product range is growing daily should an item you require not be shown please e-mail, phone with product name, code and colour and we will endeavour to return within 48hrs.
J) MTN Productions Ltd record telephone conversations for business purposes in compliance with The Regulation of Investigatory Powers Act 2000 (RIPA) for the following reasons and any recording retained are relevant to our business and only used for our business:
1.1 In these conditions the following words have the following meanings:
"Associated Company" means any group company or company that is a subsidiary company of either party from time to time and 'subsidiary' shall have the meaning set out in Section 736 of the Companies Act 1985 as amended by Section 144 of the Companies Act 1989;
"Charges" means our current hire charges from time to time including any charges for the Services during the Hire Period and/or any charges for the sale of the Products (as appropriate);
"Contract" means a contract created by the acceptance of the Order and which incorporates these conditions and any special conditions detailed in the Order made between you and us for the hire of the Equipment, the provision of the Services and/or the sale of Products;
"Deposit" means any advance payment required by us in relation to cash hires for the Equipment which is to be held as security by us;
"Equipment" means the equipment detailed in the Order together as a whole and any accessories hired by you as specified in a Contract;
"Force Majeure" means any event outside a party's reasonable control including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, terrorism, governmental actions and any other similar events; The Seller shall not be liable for any failure to fulfil its obligations due to any event of force majeure as defined in International Chamber of Commerce Force Majeure Clause 650.
Coronavirus Pandemic Situation: The situation throughout Europe and constantly changing conditions could have consequences towards production capacity, transport related delays etc.
"Hire Period" means the period commencing when you hold the Equipment on hire (including Saturdays, Sundays and Bank Holidays) and ending upon the happening of any of the following events (i) you return the Equipment to our possession; or (ii) we repossess or collect the Equipment;
"Liability" means liability for any and all damages, claims, proceedings, actions, awards, expenses, costs (including but without limitation all legal costs and disbursements) and any other losses and/or liabilities;
"Order" means the purchase order containing the details of the Contract;
"Products" means the products sold by us to you;
"Services" means the services and/or work (if any) to be performed by us for you in conjunction with the hire of Equipment, including any delivery and/or collection service for the Equipment;
"We/Us/Our" means the Selby Engineering and Lifting Safety Ltd company detailed in the Order and will include its employees, servants, agents and/or duly authorised representatives;
"You" means the person, firm, company or other organisation hiring the Equipment and/or purchasing the Products.
2.1 The conditions do not affect any of your statutory rights where you are a person dealing as consumer, not for business purposes. Any section which would otherwise exclude or restrict your rights as a consumer will, to that extent have no force or effect. PLEASE ALSO SEE SECTION 7.
2.2 These conditions shall be incorporated in all Contracts and shall be the sole conditions under which the provision of the Services and sale of the Products takes place. All other terms, conditions and other representations are excluded from the Contracts between you and us including any terms and conditions which you may purport to apply under any Contract and these terms and conditions shall prevail.
2.3 Our employees or agents are not authorised to make any representations concerning the Equipment and/or Products unless confirmed in writing and any advice or recommendation given by us to you as to the storage, application or use of the Equipment and/or Products which is not confirmed in writing is followed or acted upon entirely at your own risk.
2.4 We reserve the right to provide Equipment and/or Products similar or comparable to that ordered by you.
2.5 The Contract shall become binding when we have acknowledged the order to you either verbally or in writing as appropriate. These conditions shall be applicable to all repeat orders made by you unless we notify you otherwise.
3.1 The amount of any Deposit and Charges are detailed in the Order and are based on our current price list from time to time.
3.2 Where a Deposit is required for the Equipment it must be paid before you purchase the
3.3 All Charges are, unless otherwise stated, exclusive of any applicable VAT.
3.4 Prompt payment under a Contract shall be of the essence. Payment shall not be deemed to be made until we have received either cash or cleared funds in respect of the full amount outstanding.
3.5 Without prejudice to any of our other rights, if you fail to make any payment in full on the due date we may charge you interest (both before and after judgment) on the amount unpaid in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002 and/or to suspend further Services to you or any of your Associated Companies.
3.6 You shall pay all sums due to us under this Contract without any set-off, deduction, counterclaim and/or any other withholding of monies.
4.1 You shall provide suitable access route for delivery and collection of the Equipment with unrestricted entry and approach and supply and lay timbers or appropriate temporary foundations in a suitable position for loading and unloading and for the Equipment to rest on.
4.2 You shall pay for any lifting or special apparatus required for the siting of the Equipment if required by you facility.
4.3 If any Services are delayed, postponed and/or cancelled due to your failure to comply with your obligations under the Contract, you will be liable to pay additional standard charges from time to time for such delay, postponement and/or cancellation except where the delay is due to Force Majeure.
4.4 Storage Fees will apply against any contract items held in our works or other warehouse that should be ex-works collected or cleared within a reasonable time frame, storage fees are £75.00 per pallet, per day (excluding VAT)
4.5 Loading and unloading of goods is the responsibility of the customer. A contact name and telephone number would be advantageous to ensure delivery is completed without undue inconvenience.
5.1 If you:
5.1.1 Fail to make any payment to us when due; or
5.1.2 Breach the terms of the Contract and, where the breach is capable of remedy, have not remedied the breach within 14 days of receiving notice requiring the breach to be remedied;
5.1.3 Persistently breach the terms of the Contract;
5.1.4 Provide incomplete, materially inaccurate or misleading facts and/or information in connection with the Contract;
5.1.5 Attempt to pledge, charge or create any form of security over any Equipment;
5.1.6 Cease or threaten to cease to carry on business;
5.1.7 Being an individual or partnership, have a bankruptcy petition presented against you or compound with or come to an arrangement with your creditors, enter into an individual voluntary arrangement or suffer any similar action in any jurisdiction;
5.1.8 Being a company, enter into voluntary or compulsory liquidation, have an administrator or administrative receiver appointed over all or any of your assets, or compound with or come to an arrangement with your creditors or enter into a company voluntary arrangement, any attachment order is made against you, any distress, execution or other legal process is levied on any of your property or you suffer any similar action in any jurisdiction;
5.1.9 Have circumstances in which we reasonably believe that any of the events mentioned in Sections 5.1.7 or 5.1.8 above is about to occur and we notify you of this belief;
5.1.10 Appear reasonably to us due to your credit rating to be financially inadequate to meet your obligations under the Contract;
5.1.11 Appear reasonably to us to be about to suffer any of the above events; then we shall have the right, without prejudice to any other remedies, to exercise any or all of the rights set out in Section 5.2 below.
5.2 If any of the events set out in Section 5.1 above occurs in relation to you then:-
5.2.1 We may enter, without prior notice, any of your premises (or premises of third parties with their consent) where the Equipment and/or Products may be and repossess any Equipment and/or Products;
5.2.2 We may withhold the performance of any Services and cease any Services in progress under this and/or any other Contract between you (or any of your Associated Companies) and us (or any of our Associated Companies);
5.2.3 We may immediately cancel, terminate and/or suspend without Liability to you the Contract and/or any other contract between you (or any of your Associated Companies) and us (or any of our Associated Companies);
5.2.4 Any credit period in relation to payment of the Charges shall be accelerated and all sums, all monies owed by you (or any of your Associated Companies) to us (or any of our Associated Companies) under this Contract or any other Contract between you (or any of your Associated Companies) and us (or any of our Associated Companies) shall immediately become due and payable.
5.3 Any repossession of the Equipment and/or Products shall not affect our right to recover from you (or any of your Associated Companies) any monies due under the Contract or any other contract between you (or any of your Associated Companies) and us (or any of our Associated Companies) and/or any damages in respect of any breach which occurred prior to repossession of the Equipment and/or Products.
5.4 Upon termination of the Contract you shall immediately:
5.4.1 at your expense, return the Equipment to us or make the Equipment available for us to collect; and
5.4.2 pay to us (or any of our Associated Companies), in full and cleared funds, all outstanding Charges and/or any other sums payable under the Contract or any other contract between us (or any of our Associated Companies) and you (or any of your Associated Companies).
6.1 All warranties, representations, terms, conditions and duties implied by law relating to fitness, quality and/or adequacy are excluded to the fullest extent permitted by law.
6.2 If we are found to be liable in respect of any loss or damage to your property the extent of our Liability will be limited to the retail cost of replacement of the damaged property.
6.3 Any defective Equipment and/or Products must be returned to us at your expense for inspection before we have any Liability for defective Equipment and/or Products.
6.4 We shall have no Liability to you if any Charges or monies due in respect of the Equipment, the Services and/or the Products have not been paid in full and cleared funds by the due date for payment.
6.5 We shall have no Liability resulting from or contributed to by your continued use of defective Equipment and/or Products after a defect has become apparent or suspected or should reasonably have become apparent to you.
6.6 We shall have no Liability to you to the extent that you are covered by any policy of insurance and you shall ensure that your insurers waive any and all rights of subrogation they may have against us.
6.7 We shall have no Liability to you for any:-
6.7.1 losses whether arising from breach of contract, tort (including but not limited to negligence), or
otherwise, and whether flowing naturally and directly from such breach, negligence or other cause, or not, for:
(a) loss of revenue,
(b) loss of profit,
(c) loss of anticipated saving,
(d) loss of goodwill; or
(e) loss of reputation;
6.7.2 Economic and/or other similar losses;
6.7.3 Special damages, indirect losses and/or consequential losses; and/or
6.7.4 Business interruption, loss of business, contracts and/or opportunity.
6.8 Our total Liability to you under and/or arising in relation to any Contract shall not exceed 5 times the amount of the Charges or the sum of £1,000, whichever is the higher, under that Contract. To the extent that any of our Liability to you would be met by our insurance then our Liability shall be extended to the extent that such Liability is met by such insurance.
6.9 Each of the limitations and/or exclusions in this Contract shall be deemed to be repeated and apply as a separate provision for each of:
6.9.1 Liability for breach of contract;
6.9.2 Liability in tort (including negligence); and
6.9.3 Liability for breach of statutory and/or common law duty; except section 6.8 above which shall apply only once in respect of all the types of Liability under this Section 6.9.
6.10 Nothing in this Contract shall exclude or limit our Liability for death or personal injury due to our negligence nor exclude or limit any other type of Liability which it is not permitted to exclude or limit as a matter of law.
7.1 PLEASE NOTE THAT THIS SECTION ONLY APPLIES WHEN YOU ARE ENTERING THE CONTRACT AS A CONSUMER.
7.2 Where you are acting as a consumer under the Unfair Contract Terms Act 1977 (you enter into the Contract not in the course of business), the following provisions in the Contract may, subject to determination by the Courts, have no force or effect:
7.2.1 Section 2.3 (employees' representatives);
7.2.3 Section 4.3 (payment for delayed performance as a result of your non-compliance with the Contract);
7.2.4 Section 5.3 (suitability of Equipment);
7.2.5 Section 5.2.1 (right of entry and seizure of Equipment). This Section
7.4.6 will also apply to consumers under the Consumer Credit Act 1974;
7.2.7 Section 6 (Limitations of Liability) subject to Section 6.10 continuing to apply;
7.3 Should any defect occur in the Equipment and/or Products, other than one for which you were responsible, we will at our option either, replace or repair the Equipment and/or Products (at no charge to you) as soon as is reasonably practicable. We shall not replace, repair or service any Equipment and/or Products until any outstanding Charges have been paid in full and cleared funds.
We would like to draw your attention MTN Productions Ltd policy on the returning of goods, either when:-
On either of the above occasions, unless otherwise confirmed in writing to the contrary, the Company will levy a standard handling charge. This handling charge is to cover administration costs, Q.A. inspection or returned goods and operational expenses of goods to be returned to stores / or imposed by the manufacturer (if relevant). The handling charge is 30% on ‘all products’ on the net value minus any carriage costs. For ‘Export’ or ‘Special / bespoke’ products the goods are non cancellable and non returnable.
Before any goods are returned the customer must contact MTN Productions Ltd in writing with a detailed explanation and then receive written authority to return the goods (at customers cost). A copy of the written authority must be despatched with the goods, Any goods that arrive without an following this procedure will not be accepted in to our returns system and may be refused by Goods Inwards. Upon receipt the goods, each item will be inspected and if, after inspection a report will be generated to the customer and may include one, all (or another);
If the goods / service is chargeable then MTN Productions LTD will require payment / customer purchase order number or Order Number (credit accounts) before it can be returned to the customer or put back into MTN Productions LTD stock.