1.1) These terms and conditions (Terms) will govern the sale and purchase of all goods and services (Goods) offered by Martec T/A Solid Fuel Spares (We, Us). By ordering or accepting delivery of any Goods, the Buyer (You) accepts and agrees to these Terms.
1.2) These Terms will apply over any other terms You may seek to impose or incorporate (whether by virtue of your own conditions of purchase or otherwise).
These Terms form the agreement between the parties, superseding all prior discussions and representations. No variation in these Terms may be made unless given in writing and signed by an authorised representative of Martec/Solid Fuel Spares.
1.3) A contract will only come into existence upon acceptance by Us of your order or upon delivery of Goods to You.
We reserve the right to refuse to accept an order by You at our discretion without giving any reason. Once your order is accepted, it may only be cancelled by You subject to Us having received and acknowledged your cancellation request and only prior to the despatch of Goods.
1.4) An order by You shall be an offer and will be subject to acceptance by Us as set out in (1.3) above.
2.1) The price quoted excludes delivery and insurance (unless otherwise stated in writing).
2.2) Unless otherwise stated, the price quoted is an estimate only and the price charged will be our price current at the time of dispatch.
2.3) The price quoted excludes any charge for installation.
2.4) At any time before delivery we may adjust the price to reflect any increase in our costs of supplying the Goods.
3 Payment Terms
3.1) You are to pay us in cash or in cleared funds prior to delivery.
4.1) All delivery times quoted are estimates only.
4.2) Goods to be delivered at your premises or address as given at time of You placing your order.
4.3) We may part deliver the Goods in instalments. Each part delivery is treated as a separate contract.
4.4) If we fail to deliver an instalment within a reasonable time after the quoted delivery time, you may (by informing us in writing) cancel the contract for that instalment only, subject to :-
a) You may not cancel if the Goods have already been dispatched; and
b) If You cancel the contract, You will have no further claim against Us in relation to that contract.
4.5) If You fail to take delivery of the Goods, You will be liable for any costs and expenses incurred by us, including reasonable storage charges and the additional cost of re-delivery.
4.6) We may decline to deliver if :-
a) We believe that it would be unsafe, unlawful or unreasonably difficult to do so; or
b) the premises (or the access to them) are unsuitable for the delivery vehicle.
4.7) Goods must be properly inspected by You upon delivery. We shall not be liable for any shortages, non-conformity or defects or damage reasonably apparent on a proper inspection unless these are notified to us immediately by telephone and subsequently in writing within 3 working days of delivery of the Goods. You may contact us on 01886 830277 and confirm in writing to Martec, 87 Tanhouse Lane, Malvern, Worcester. WR14 1LG or via email to email@example.com. You must give Us (and any carrier) a fair chance to inspect the damaged Goods. All packaging must be kept and made available for inspection by the carrier.
4.8) Damaged Goods shall be returned to us unless otherwise agreed in writing. A charge shall be made for any non-returned or lost items.
5 Risk and Title
5.1) The Goods are at your risk from the time delivery takes place.
5.2) Ownership of the Goods shall not pass to You until We have received in full all sums due to Us.
6 Warranties and Limitations
6.1) We warrant that the Goods:
a) comply with their description on our website; and
b) are free from material defect at the time of delivery subject to 4.7).
6.2) We give no other warranty in relation to the Goods, including as to the quality of the Goods or their fitness for any purpose and to the fullest extent permitted by law exclude any warranty, term or condition that would otherwise be implied by statute or otherwise.
6.3) If the Goods are found to be defective in material or workmanship in breach of our warranty (following our investigations), and you have complied with the conditions (in 4.7) in full, we will (at our discretion,) repair or replace the Goods.
6.4) Our total liability is limited to the price of the Goods you have purchased, less the cost of packaging and delivery whether included or in addition to the price of the goods purchased.
7 Return of Goods
7.1) You must not under any circumstances return Goods to Us unless you have obtained our prior written authorisation. Unless otherwise agreed by us, where we have given you authority to return Goods, you must ensure:
a) payment of an agreed handling charge usually 15%, (unless the Goods were defective when delivered); and
b) Goods are as fit for sale on their return as they were upon delivery.
8.1) You may cancel your order at any time provided that We have received and acknowledged your cancellation request and then only prior to the despatch of Goods.
8.2) You may not cancel the order if the Goods have already been despatched.
8.3) We may suspend or cancel the order, by written notice if:
a) You fail to pay Us any money due.
b) You fail to honour any of your obligations under these Terms.
9 Force Majeure
9.1) If We are unable to perform our obligations to you (or able to perform them only at unreasonable cost) because of circumstances beyond our control, we may cancel or suspend any of our obligations to you, without liability.
9.2) Examples of those circumstances include act of God, accident, explosion, war, terrorism, fire, flood, transport delays, strikes and other industrial disputes and difficulty in obtaining supplies.
10.1) These Terms shall be governed by English law.
10.2) If You are more than one person, each of you has joint and several obligations under these Terms.
10.3) Any failure or delay by us in enforcing any of our rights shall not be construed as a waiver unless in writing and signed by an authorised representative and any such written waiver will not be deemed to be a waiver of any subsequent breach.
10.4) If any part of these Terms is unenforceable as drafted:-
(a) it will not affect the enforceability of any other part of these Terms; and
(b) if it would be enforceable if amended, it will be treated as so amended with such amendments to be determined at our discretion.
10.5) The warranties set out in these Terms are in substitution for any other warranties and representations (whether express or implied) in connection with the Goods and all such warranties and representations are hereby excluded. You acknowledge that you have not relied on any representation or warranty not set out in these Terms or otherwise agreed to in writing by Us and signed by an authorised representative of Martec/Solid Fuel Spares.
10.6) You must ensure that any health & safety instructions and all other information supplied by us, including information on assembly and use of Goods is applied by you and made available to end users.
10.7) Whilst all product descriptions and images have been prepared with reasonable care, they are for general guidance only and Martec/Solid Fuel Spares will not be responsible for any errors or omissions therein. Their contents form no part of any contract between Us, and You should not rely on them in entering into any contract with Us.
10.8) Any notice by either of us, which is to be served under these Terms, may be served by leaving it at or by delivering it to (by first class post or via email) the other’s registered address, office or principal place of business.
10.9) No contract will create any right enforceable (by virtue of the Contracts (Rights of Third Parties) Act 1999) by any person not identified as the buyer or seller.
10.10) Please note that we may transfer personal information about you to those we may appoint to administer your account or recover amounts owing. That may include, for example, passing information about you to our debt recovery agents and solicitors, if you fail to pay us.