Terms & Conditions
In this document the following words shall have the following meanings:
1.1 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.2 "Customer" means any person who purchases Goods and Services from the Supplier;
1.3 "Goods" and "Products" means the articles specified in the Proposal;
1.4 "Proposal" means a statement of work, quotation or other similar document describing the Goods and Services to be provided by the Supplier;
1.5 "Services" means the services specified in the Proposal;
1.6 "Supplier" means Mecanique of 85 Marine Parade, Saltburn by the Sea, TS12 1BZ, United Kingdom.
1.7 "Terms and Conditions" means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier.
2.1 These Terms and Conditions shall apply to all contracts for the supply of Goods and Services by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer.
2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.
2.3 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the Goods and Services, by virtue of any statute, law or regulation.
2.4 Nothing in these Terms and Conditions shall affect the Customer's statutory rights as a Consumer.
3 Price and Payment
3.1 The price for the Goods and Services is as specified in the Proposal and any applicable charges outlined in the Proposal.
3.2 Payment of the price shall be in the manner specified in the Proposal.
3.3 The Site lists various Products and it is always possible that, despite our best efforts ,some of the Products listed on the Site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you or otherwise provide a refund of the difference afterwards. If a Product's correct price is higher than the price stated on the Site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
3.4 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Notification, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
3.5 Online payments for the Products are made via a third party payment handler ("the Processor"). Your payment is not made directly to us. Online payments are subject to the terms and conditions of the Processor. We are not responsible for the processing of online payments.
3.6 The default currency for the Supplier is pounds sterling (GBP). If a different currency is selected when using the shopping cart, conversion rates between what is displayed and what your bank may charge may be different.
4.1 The date of delivery specified by the Supplier is an estimate only. Time for delivery shall not be of the essence of the contract and the Supplier shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods.
4.2 All risk in the Goods shall pass to the Customer upon delivery.
Title in the Goods shall not pass to the Customer until the Supplier has been paid in full for the Goods.
6 Customers's Obligations
To enable the Supplier to perform its obligations the Customer shall:
6.1 co-operate with the Supplier;
6.2 provide the Supplier with any information reasonably required by the Supplier;
6.3 obtain all necessary permissions, licenses and consents which may be required before the commencement of the services, the cost of which shall be the sole responsibility of the Customer; and
6.4 comply with such other requirements as may be set out in the Proposal or otherwise agreed between the parties.
7 Suppliers's Obligations
7.1 The Supplier warrants that the Goods will at the time of delivery correspond to the description given by the Supplier.
7.2 The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.
7.3 The Supplier accepts all responsibility for the condition of tools and equipment used in the performance of the Services and shall ensure that any materials supplied shall be free of defects.
8 Cancellation and Refunds
8.1 Where the Goods are faulty or do not comply with any of the contract, the Customer must notify the Supplier within thirty (30) days of delivery and the Customer shall be entitled to replacement Goods or a full refund.
8.2 The Customer may cancel an Order by notifying the Supplier in writing at the address above within seven (7) working days of placing an Order and any deposit paid will be refunded in full.
8.3 If the Customer fails to cancel the order within the time specified in Clause 8.2 any deposit paid may not be returnable.
9 Limitation of Liability
9.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury, however the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price for the Goods and Services.
9.2 The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
9.3 For the avoidance of doubt, time shall not be of the essence and the Supplier shall incur no liability to the Customer in respect of any failure to complete the Services by any agreed completion date.
10 Import Duty
If you order Products from the Site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. As between you and us, you will be exclusively responsible for payment of any such import duties and taxes. You must comply with all applicable laws and regulations of the country for which the said Products are destined.
11 Written Communications
Applicable laws require that some of the information or communications that we send to you should be in writing. When using the Site, you accept that communication with us will be mainly electronic. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all Contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
12 Force Majure
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
14 Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.