MagAir - TERMS AND CONDITIONS OF SALE
The acceptance of this catalogue includes the acceptance of the following terms and conditions. In the event of your official order forms containing special printed conditions, it is understood that such conditions are only binding in so far as they are not at variance with the terms and conditions contained herein. No variation to these terms and conditions of sale is permitted unless such variation has been authorised in writing by a MagAir. Reference herein to goods shall include all goods and services sold to you.
DRAWINGS AND SPECIFICATION:
All drawings and specifications, dimensions and weights provided by us are approximate unless otherwise stated. Therefore, we accept no liability for damage or injury arising from any error or omission in the data provided.
Any performance details given by us are based upon our experience and are such as we expect to obtain on test. We accept no liability for any failure to achieve stated performance figures unless the performance data has been confirmed in writing by a MagAir Director. You assume responsibility for the capacity and performance of the goods being sufficient and suitable for your purpose.
Any times quoted for dispatch are from the receipt by us of an order to proceed. Elapsed times of dispatch are submitted without liability for delay however occasioned, but every effort will be made to achieve them. If you arrange to collect goods yourself it is your responsibility to collect these goods within 3 working days. If you do not, we reserve the right to send these goods by our carrier and you will be charged for that service.
DAMAGE/LOSS IN TRANSIT/NON DELIVERY/LATE DELIVERY:
It is your responsibility to inspect the goods promptly on arrival. Any claims for damage, non-delivery, loss in transit or late delivery must be made within 4 days of the delivery date. When signing for your consignment, it is your responsibility to check that the number of parcels being delivered corresponds with the number of parcels stated on the consignment note. If not, the note should be amended accordingly before signature. If the consignment is being delivered later than specified, it is your responsibility to write the time of receipt on the consignment note. If there is any apparent damage to the parcel, it is your responsibility to annotate the consignment note accordingly.
Should any defects develop under proper use of the goods supplied within a period of 12 months after delivery as a consequence of design, materials or workmanship then we will make good by repair or replacement any such defect providing the defective goods are returned to us promptly at the following address:
308 Moseley Road
All goods must be adequately packaged. Carriage will be organised by us at our cost. We shall not be liable in any way for consequential damage or loss or injury. We reserve the right to return goods to the supplier for repair.
You are specifically required to examine the goods and any query relating to the delivery must be notified within 4 days of receipt. We shall have the option of replacing or crediting the value of goods in respect of which we accept a complaint and thereby terminate our liability. We cannot be held responsible for charges incurred by you in attempting to rectify or modify goods without our written agreement. Any pricing or carriage queries must be reported within 4 days of the date of invoice. No credits will be raised outside of this time period.
RETURNS AND HANDLING CHARGES:
Requests by you to return catalogue goods to us will be accepted subject to a handling charge if all of the following criteria are met:
1. The goods are unused and are sourced from the MagAir
2. The goods are in good order
3. The goods were invoiced within 10 days of the date of return
4. Carriage is organised by us
Handling charges will be levied as follows: Goods invoiced within 10 days of the date of return will be subject to either a 20% handling charge or £25 whichever is the greater. All goods must be adequately packed and addressed to:
308 Moseley Road
For the avoidance of doubt, returned goods will only be accepted if the above requirements are met. MagAir cannot accept responsibility for returns forwarded by customers using their own carriers. MagAir is unable to accept any return of goods sourced on a customer’s behalf which are not listed within the MagAir catalogue. Such orders for non-catalogue goods are non-cancellable and non returnable and as such are accepted entirely at the customer’s own risk.
If you wish to cancel an item on back order, you must request a Cancellation Number from the operator. Credits will not be processed without reference to a specific Cancellation Number. For the avoidance of doubt, items not listed in the Catalogue are non-cancellable and non-returnable. Requests to cancel an order for an ex-stock item can only be accommodated within one hour of the original order being received. Thereafter, the order will not be cancellable and any requirement to return the goods will be subject to the returns and handling charges policy above. Once an order for direct shipment from supplier is in process, we are unable to either amend or cancel the request.
The contract shall in all respects be construed and operated as an English contract and in conformity with English Law.
All price lists, quotations and estimates are subject to alteration without notice, and goods will be invoiced at prices ruling on date of despatch regardless of any price quoted on any purchase order submitted. Carriage and packing will be charged in accordance with the specification of service shown in this catalogue. Prices and charges are listed exclusive of Value Added Tax, which will be added in line with prevailing legislation.
All goods supplied by us to you remain the property of MagAir until the goods have been paid in full. As a result of our continued commitment to provide goods of the highest quality at the most competitive prices, it may be necessary on occasions to supply goods that will differ from those depicted in this catalogue.
In the case of default, you agree to allow us or our agent to enter your premises where the goods are kept and remove same. You will be responsible to us for all costs incurred in reclaiming the goods.
Payment terms are strictly 30 days Nett, for approved account customers. If any sum is not paid on the due date for payment, all sums then outstanding from you will immediately become due and payable notwithstanding that such sums would not otherwise be due until a later date. To comply with the 2003 Money Laundering Regulations we are unable to accept cash payments of the equivalent of €15,000 for any single transaction.