MagScapes

These terms and conditions of sale are for our retail customers and custom customers. Customers who purchase mail order via web site should see our web site for Terms and Conditions details.

Definitions

In these conditions the following words shall have the following meanings:
The “Buyer” shall mean the company, firm, consumer or person seeking to purchase the Goods from the Company.
The “Company” shall mean the company as indicated on the face of the contract/order.
The “Contract” any contract for Goods or Services made between the Company and the Buyer.
The “Goods” shall mean the products, articles or things to be sold by the Company.
The “Services” shall mean any services provided by the Company to the Buyer (whether or not the Buyer shall purchase Goods or not).

1 Price

Any price quoted by the Company is based upon current prices ruling as at the date appearing on the quotation, but the actual price charged to the Buyer under the Contract shall be based upon such ruling price (less any discount allowed by the Company) current as at the date of order and shall include the cost of shortage and insurance (if any) as per clause 5.3 below.

2 Cancellation by the Buyer

There are two groups of products supplied by MagScapes Ltd. Stock products, defined as: - all products currently held in stock. Non stock products, typically custom or made-to-order items.

3 Cancellation Charges

Goods supplied without packaging must be in a re-saleable condition. Refunds will not be made for goods that show signs of attempted installation, whether or not in original packaging.

4 Payment

Retail customers are responsible for ensuring that all goods are paid for in full, before delivery. Payment must be in cleared funds to avoid delay in receiving the Goods. The Seller shall not be bound to give up possession of the Goods until it shall have received payment in cleared funds.

5 Delivery

5.1 Any time or date stated on a quote or order, or given verbally, is given as an estimate only. Buyers are advised to only commit to an installation schedule once the goods have been received and checked. The company shall not be liable for any costs or other losses incurred by the Buyer, their
agents or any other third party due to an installation schedule committed to by the Buyer prior to the Goods being received and checked.

5.2 The Company shall have no liability whatsoever for any failure to perform, or any delay in the performance of any of its obligations under the Contract arising wholly or in part by reason of any factor beyond its direct control, such as the availability of goods from third parties.

5.3 The Company shall be entitled to make partial deliveries or deliveries by instalments. Each instalment shall be a separate agreement to which all the provisions of these conditions shall apply. Signature of any note by an agent, employee or representative of the buyer shall be conclusive proof of delivery. The Buyer must within 48 hours of delivery inspect the goods and immediately advise the Company of any damage for investigation. Quantities of goods supplied should be confirmed at point of delivery, subsequent claims for shortages will not be accepted. Risk of loss or damage to the Goods passes to the Buyer when the Goods are accepted by the Buyer or the Buyer's representative or agent.

5.4 The Buyer agrees to accept delivery within 3 months of the order being fully available. In the event of the Buyer not accepting the goods within this
period, the Company reserves the right to charge storage and insurance of the goods at the rate of 2% of the total order value per month or part thereof.

6 Warranty and Liability

6.1 The Company shall make good by reimbursement of the whole or part of the price or at its option by repair or by replacement any defect developing under normal use of the Goods, provided that the defect in question shall have appeared within 12 months after the Buyer shall have taken possession of the Goods or performance of Services completed, and shall have thereupon promptly notified the Company in writing, and any Goods alleged to be defective shall, if so required by the Company, be made available for collection by the Company. If the Goods are found to be defective any return
carriage, delivery expenses and/or direct and predictable reasonable expenses incurred solely due to defective goods will be reimbursed to the Buyer upon provision of evidence of such expense. In the event of the Goods not being defective the Buyer will be liable to reimburse the Company any
reasonable expenses or costs incurred by the Company and/or it's agents. The Company shall not be liable for any claim or claims relating to any breach of warranty expressed or implied, brought after 12 months of the date of delivery. Extended warranties beyond 12 months are the responsibility of the manufacturer.

6.2 The liability of the Company is also subject to compliance by the Buyer with all the terms contained in this contract.

6.3 The Company shall, in relation to the Goods and Services, have no obligation to the Buyer, other than the express obligations contained in these conditions or in any other document expressly incorporated in writing into the Contract. Accordingly, it shall be for the Buyer to insure against any liability arising from the performance of the Services and from its use of the Goods.

6.4 Although the Company offers comprehensive advice on the products supplied, the Company shall not be held liable for the suitability of goods, as full installation details cannot be determined at point of sale. All fittings purchased for installation should be confirmed to be suitable by the Buyer and/or the Buyer's installer.

7 Proper Law and Notices

All contracts made between the Company and the Buyer shall be governed by English Law and the Buyer shall submit to the jurisdiction of the English Courts. Any notice required to be given in writing under the Contract shall be given either by facsimile transmission to the Company's head office or by first class post addressed to the registered office and/or head office of the party for which it is intended.

8 These terms and conditions do not affect your statutory rights