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Customer Comments |
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2016 Buyers Guide |
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| Conditions of Use |
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| Terms and Conditions
Cactus 020 Ltd (Trading as MES ONLINE) Conditions of
Supply
1. Definitions
"Catalogue" means the catalogue (in whatever form, whether paper
or electronic) in which these Conditions are set out.
"Company" means Cactus 020 Ltd, or its permitted assigns.
"Conditions" means these terms and conditions.
"Contract" means any contract between the Company and the
Customer for the supply by the Company of Supplies.
"Customer" means the person(s) or company whose order for the
Supplies is accepted by the Company.
"Goods" means any goods supplied or to be supplied by the Company
to the Customer.
"Services" means any services supplied or to be supplied by the
Company to the Customer.
"Supplies" means any goods or services supplied or to be supplied
by the Company to the Customer.
"in writing" includes electronic communications.
2. Conditions
All orders are accepted by the Company subject to and in
accordance with these Conditions. These Conditions override and
exclude any terms or conditions in or referred to in any
negotiations or course of dealing between the Company and the
Customer or set out in the Customer's standard terms and
conditions. If there is any conflict between
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the other provisions of this Catalogue and these
Conditions; or |
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the provisions of the order and these
Conditions |
these Conditions will prevail unless the Company agrees otherwise
in writing. Together with any terms accepted by the Company in
connection with an order, these Conditions constitute the entire
agreement between the Company and the Customer in relation to the
Supplies ordered. No variation to these Conditions is permitted
unless expressly authorised in writing by a director of the
Company.
3. Prices
Prices for Supplies are in £ sterling and are exclusive of
VAT. Any Supplies to a UK address will be subject to VAT, which
will be added at the time of despatch, notwithstanding that Goods
supplied may subsequently be exported. Where the Company ships
Goods on behalf of a Customer to another EC member state, VAT
will not be charged provided that the Customer provides a valid
EC VAT registration number on ordering. The supply of Goods to a
non EC member state will be zero rated for VAT purposes in
accordance with Customs & Excise Notice 703.
The Company reserves the right to change its prices without
notice at any time. Prices charged will be those prevailing when
an order is accepted. Where Supplies are to be made in
instalments (‘Scheduled Delivery’) the price payable
for them will be that applicable at the time of acceptance for
the total quantity ordered but, where Scheduled Delivery may
continue for a period of 60 days or more, the Company reserves
the right to charge the Customer further amounts if the price of
the Supplies increases before the end of that period.
4. Payment
Payment is due not later than the end of the month following the
month of despatch, without any deductions, withholding or set
off. Payment may be made by (i) sterling bankers draft or cheque
drawn on a bank in the UK; (ii) BACS - contra payment; (iii) Visa
or Mastercard; (iv) I.B.A.N. or (v) for Ireland only, net monthly
account terms may be agreed. Please contact the CPC export
department for further details.
Time for payment is of the essence. If the Customer fails to make
payment by the due date then, without prejudice to any other
right or remedy, the Company shall be entitled to:
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cancel the order or suspend any further deliveries
or performance; |
| ii. |
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appropriate any payment made by the Customer to
such of the Supplies (or the Supplies made under any other
contract) as the Company may think fit; and |
| iii. |
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charge interest (both before and after any
judgement) on the amount unpaid at the rate of 2% per month
(subject to a minimum charge of £1.00) until payment is
made in full. |
The Company reserves the right to charge for copy invoices or
credit notes at the rate of £1.00 per copy where the
original has been lost or misplaced by the Customer. If legal
action is taken to recover monies due to the Company then the
Company reserves the right to charge the Customer an
administrative fee of £50.00 plus VAT (if applicable) to
cover all and any administrative costs incurred. This
administrative charge shall become payable immediately that legal
action is commenced, whether demanded or not and may be claimed
within the legal action.
5. New accounts
A Customer wishing to open a credit account must furnish such
information as may be requested by the Company and the Company
may make a search with a credit reference agency. The Company
reserves the right in its absolute discretion to grant, refuse or
discontinue any credit facilities or reduce or suspend any credit
limit at any time.
6. Orders
The Company reserves the right to decline to trade with any
company or person.
To avoid duplication, written confirmation of telephone orders
must be clearly marked 'Confirmation only'. The Company will not
accept liability for orders not so marked and duplicate orders
will be charged accordingly.
Once accepted, no order may be cancelled without the prior
written agreement of a director of the Company.
Orders for Goods are accepted by the Company by despatching the
Goods.In relation to orders placed by account holding customers,
the following handling charges shall apply:
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Orders up to £14.99 - charge
£5.99; |
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Orders between £15 and £24.99 - charge
£4.99; |
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Orders between £25 and £35 - charge
£3.99. |
There is no handling charge for orders over £35 for account
holding customers.
All customers ordering by telephone and paying by credit card
will be charged a handling charge of £3.99 regardless of
the mode of ordering or the value of their order.
7. Delivery
All prices quoted exclude delivery. Delivery will be made to the
address specified by the Customer, at the Customer’s cost,
charges referred to in Condition 6, a delivery charge will
therefore be added to the Order at the time of despatch. The
Customer is responsible for obtaining all licenses and for all
duties, imposts, levies and outlays levied by any relevant
authority in respect of the Goods and will indemnify the Company
against any fines, duties, penalties imposts, levies and expenses
imposed on or incurred by the Company in connection with the
Order.
The Company may use any method of delivery available to it.
The Company will use reasonable endeavours to meet delivery
and/or performance estimates but, except as set out in 8 below,
in no circumstances shall it be liable to compensate the Customer
for non-delivery, non-performance or late delivery or
performance. Time for delivery and/or performance will not be of
the essence.
8. Inspection, defects and non delivery
The Customer must inspect the Supplies as soon as is reasonably
practicable after delivery or, in the case of Services,
performance and, except as set out in 15 below, the Company shall
not be liable for any defect in the Supplies unless written
notice is given to the Company within 10 days of such date. The
Company does not write software comprised in the Goods and it is
the Customer's responsibility to check for the presence of
computer viruses before the Goods are used.
The quantity of any consignment of Goods, as recorded by the
Company upon despatch from the Company's place of business, shall
be conclusive evidence of the quantity received by the Customer
on delivery, unless the Customer can provide conclusive evidence
to the contrary. The Company will not be liable for any
non-delivery of Goods or non-performance of Services unless
written notice is given to the Company within 5 days of the date
when Goods should have been delivered or the Services performed
in the ordinary course of events. Any liability of the Company
for non-delivery or non performance or for Goods notified as
defective on delivery or Services notified as defective following
performance in accordance with this Condition 8 will be limited
to replacing the Goods or re-performing the Services within a
reasonable time or to refunding the price then paid in respect of
such Supplies.
9. Returns
Except as detailed in Condition 10 below, no order can be
cancelled or accepted for credit without the prior written
agreement of the Company. If cancellation/credit is accepted by
the Company, the Customer must obtain a returns authorisation
number from the Company before any Goods may be returned. The
Company will normally arrange the collection of Goods but may
require the Customer to return smaller items which can easily be
posted. Goods to be returned must either be freely available for
collection by Company from an agreed collection point or received
by the Company (where the Company is responsible for their
return) within 7 days of their delivery by the Company, in either
case, and must be undamaged, in saleable condition and their
original packaging. Where the Customer is responsible for
returning Goods, they should be returned to "The Returns
Department, MES Ltd, Marine House, Unit 10, City Business Park, Easton Road, Bristol BS5 0SP" quoting the
Customer's account number and order number and
the Customer should provide proof of delivery. Goods remain at
the risk of the Customer until collected by or returned to the
Company (whichever is appropriate). All Goods accepted for
return, except in accordance with Condition 10, will be subject
to a re-stocking fee of 30% of the invoice value of the
Goods.
Certain Goods are excluded from this right of return, including
software, manuals which have been opened and specially
constructed items. Goods returned after 7 days as 'unwanted' or
'incorrectly ordered' may be accepted at the discretion of the
Company.
10. Distance selling regulations
If the Customer is buying as a 'consumer', as defined in the
European Communities (Protection of Consumers in respect of
Contracts made by means of Distance Communications) Regulations
2001, the Customer may, provided he or she has taken reasonable
care of the Goods and returns the Goods complete, undamaged, in
re-saleable condition and in their original packaging, return the
Goods and be repaid the price paid in respect of them within 7
working days (excluding Saturday and Sunday and any Irish Bank
Holiday) of their delivery. To return Goods on this basis, the
Customer must notify the Company in writing and return the Goods
within the 7 day period to "The Returns
Department, MES Ltd, Marine House, Unit 10, City Business Park, Easton Road, Bristol BS5 0SP" quoting the
Customer's account number and order number. Goods should be
returned first class with proof of posting and the Customer is
responsible for payment of all postage costs. Following receipt
of Goods which comply with this Condition 10, the Company will
refund to the Customer the price paid in respect of the
Goods.
This Condition 10 shall not apply to software that has been
unsealed by the Customer.
11. Description
All specifications, drawings, illustrations, descriptions and
particulars of weights, dimensions or capacity and other details
including, without limitation, statements regarding compliance
with legislation or regulation (together "Descriptions") wherever
they appear (including, without limitation, in this Catalogue, on
despatch notes, invoices or packaging) are intended to give a
general idea of the Supplies, but will not form part of the
Contract. If the Descriptions of any Goods differ from the
manufacturer's description, the latter shall be deemed to be
correct. The Company takes all reasonable steps to ensure the
accuracy of Descriptions, but relies on such information, if any,
as may have been provided to it by its suppliers and accepts no
liability in contract or tort or under statute, regulation or
otherwise for any error in or omission from such Descriptions
whether caused by the Company's negligence or otherwise. The
Company may make changes to the Supplies as part of a programme
of improvement or to comply with legislation.
12. Risk and ownership
The risk of damage to or loss of Goods will pass to the Customer
when the Goods are unloaded from the Company's carriers at the
Customer's premises. Ownership of the Goods shall not pass to the
Customer until the Company has received in full (in cash or
cleared funds) all sums due in respect of the Goods. Until
ownership passes to the Customer, the Customer must hold the
Goods on a fiduciary basis as the Company's bailee. If payment is
not received in full by the due date, or the Customer passes a
resolution for winding up or a court shall make an order to that
effect, or a receiver is appointed over any assets or the
undertaking of the Customer or an execution or distress is levied
against the Customer, the Company shall be entitled, without
previous notice, to retake possession of the Goods and for that
purpose to enter upon any premises occupied or owned by the
Customer.
This Catalogue remains at all times the sole and exclusive
property of the Company.
13. Performance and fitness for purpose
Unless any performance figures, tolerances or characteristics
have been specifically and expressly warranted by a director of
the Company in writing, the Company accepts no liability for any
failure of the Supplies to comply with such criteria, whether
attributable to the Company's negligence or otherwise. The
responsibility for ensuring that Supplies are sufficient and
suitable for a particular purpose is the Customer's, unless
specifically stated in writing by a director of the Company. Any
advice or recommendation given by an employee of the Company
which is not confirmed in writing by a director of the Company is
acted on entirely at the Customer's risk and the Company shall
not be liable for any such advice or recommendation which is not
so confirmed. Except as set out in Condition 16, the liability of
the Company to the Customer, should any warranty, statement,
advice or recommendation confirmed in accordance with this
Condition 14 prove to be incorrect, inaccurate or misleading,
will be limited to the refund of the price paid for the Supplies
or, at the Company’s option, the supply of replacement
Supplies which are sufficient and suitable.
14. Warranty/Guarantee
The Company will endeavour to transfer to the Customer the
benefit of any warranty or guarantee given by the manufacturer of
Goods.
Not all Goods are supplied with a manufacturer’s or Company
guarantee and guarantees which may be provided by manufacturers
will vary. It is the Customer’s responsibility to check at
the time of purchase as to the applicability of the
Company’s guarantee and/or the terms of any
manufacturer’s guarantee. Where the Company’s
guarantee is provided, the Company will, free of charge, repair
or, at the Company’s option, replace Goods or, in the case
of Services, re-perform Services which are proved to the
reasonable satisfaction of the Company to be damaged or defective
due to faulty materials, workmanship or design. This obligation
will not apply:
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if the defect arises because the
Customer has altered or repaired such Goods without the written
consent of the Company; |
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because the Customer did not follow
the manufacturers' instructions for storage, usage, installation,
use or maintenance of the Goods; |
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if the Customer has failed to notify
the Company of any defect in accordance with Condition 8 where
the defect should have been reasonably apparent on reasonable
inspection; or |
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if the Customer fails to notify the
Company of the defect within 12 months (or such other period as
the Company shall specify at the time of acceptance of the order
for the Supplies) of the date of despatch of the Goods or
performance of the Services. |
Any replacement Supplies made or Goods repaired under this
Condition 14 will be guaranteed on these terms for any unexpired
portion of the period of guarantee given on the original
Supplies. Any Goods which have been replaced will belong to the
Company.
The Customer grants to the Company and its employees, agents and
representatives a right to enter onto its premises to effect any
repair or replacement under this Condition 14. The Customer shall
ensure that the Company’s employees agents and
representatives are provided with a safe and secure working
environment while at its premises and the Customer shall be
responsible for isolating any computers or processors requiring
repair or replacement from its network and for making back-up
copies of any information on such computers or processors before
the Company’s arrival on site.
Except as set out in 15 below and 8 above, this Condition is the
Company's sole obligation and the Customer's sole remedy for
defective Supplies and is accepted by the Customer in
substitution for all express or implied representations,
conditions or warranties, statutory or otherwise, as to the
satisfactory quality, fitness for purpose or performance of the
Goods (or any materials used in connection therewith) or the
standard of workmanship of the Services and all such
representations, conditions and warranties are excluded.
15. Liability
The Company does not exclude its liability to the Customer:
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For breach of the Company’s
obligations under sections 12, 13, 13 or 14 of the Sale of Goods
Act 1893, as amended by the Sale of Goods and Supply of Services
Act 1980 (the "Act") otherwise than as permitted by Section 55 of
the Act or any statutory rights of a Customer who deals as a
"consumer" within the meaning of the Act; |
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For personal injury or death arising
as a result of the Company’s negligence; |
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Under section 10 of the Liability for
Defective Products Act 1991; |
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For any matter which in respect of
which it would be illegal for the Company to exclude or to
attempt to exclude its liability; or |
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For fraud, including fraudulent
misrepresentation |
Except as provided in Conditions 8 (inspection, defects on
delivery and non delivery), 13 (performance and fitness for
purpose), and 14 (Warranty and Guarantee) and this Condition 15
above, the Company will be under no liability to the Customer
whatsoever (whether in contract, tort, (including negligence),
breach of statutory duty, restitution or otherwise) for any
injury, death, damage or direct or indirect or consequential loss
(all three of which terms include, without limitation, pure
economic loss, loss of profits, loss of business, loss of use,
loss of data, computer downtime, depletion of goodwill, business
interruption, increased purchasing or manufacturing costs, loss
of opportunity, loss of contracts and like loss) howsoever caused
or arising out of or in connection with:
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Any of the Supplies, or the
manufacture, sale, performance or supply or failure or delay in
performance or supply of the Supplies by the Company or on part
of the Company’s employees, agents or sub-contractors; |
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Any breach by the Company of any of
the express or implied terms of the Contract; |
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Any use made or resale or on-supply of
any of the Supplies or any product incorporating any of the Goods
or developed using the Supplies; |
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Any acts or omissions of the Company
at the Customer’s premises; |
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Any statement made or not made or
advice given or not given by or on behalf of the Company; or |
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Otherwise under the Contract |
And the Company hereby excludes to the fullest extent permissible
at law all conditions, warranties and stipulations, express
(other than those set out in these Conditions or given in
accordance with Condition 13) or implied, statutory, customary or
otherwise which but for such exclusion, would or might subsist in
favour of the Customer.
The Company's total liability in contract, tort, (including
negligence), breach of statutory duty, misrepresentation or
otherwise shall be limited to repairing or replacing Goods or in
the case of Services, re-performing the Services or, at the
Company's option, refunding monies already paid in respect of the
Supplies.
Each of the Company’s employees, agents and subcontractors
may rely on and enforce the exclusions and restrictions of
liability in Conditions 8, 11, 13, 14 and 15 in that
person’s own name and for that person’s own
benefit.
16.Intellectual property rights
The Supplies in this Catalogue may be subject to the intellectual
and industrial property rights including patents, knowhow,
trademarks, copyright, design rights utility rights, database
rights and or other rights of third parties. No right or licence
is granted to the Customer, except the right to use the Supplies
or re-sell the Goods in the Customer’s ordinary course of
business. The Company shall have no liability whatsoever in the
event of any claim of infringement of any such rights howsoever
arising.
The Company owns full copyright in respect of this Catalogue and
its reproduction in whole or part is prohibited without the
Company's prior written consent.
17.Use of Personal Data
"Personal Data" means, in relation to any Customer, or any
representative of a Customer who is (in either case) a living
individual, any data from which (whether alone or in combination
with other information held by the Company) the Company can
identify that Customer or that representative, regardless of how
and when that data is provided. The Company may process Personal
Data for all purposes contemplate in these Conditions or arising
in the context of the relationship between the Company and the
Customer including:
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Deciding whether to enter into any contract or
arrangement with that Customer. This may include credit reference
searches, against a Customer or its representatives; |
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Direct marketing of the Company's products and
services and/or of the products and services of other companies
in the Cactus 020 Ltd Group or third parties which the Company
believes may be of interest to the Customer or its
representatives, whether by post, fax, telephone, email, SMS, MMS
or otherwise; |
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Crime prevention or detection. |
The processing of the Personal Data may involve:
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The disclosure of that Personal Data to the
Company's agents, advisers and representatives; |
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The disclosure of that Personal Data to other
companies in the Cactus 020 Ltd Group whose products and
services the Company believes may be of interest to that Customer
or representative; |
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The disclosure of that Personal Data to third
parties whose products and services the Company believes may be
of interest to that Customer or representative; |
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The transfer of Personal Data outside of the EEA
should be EU, including to countries whose laws may not provide
adequate protection to Personal Data. The Company will only
transfer Personal Data outside the EEA to companies who have
guaranteed to the Company the same level of protection as that
Personal Data would have received in the UK. |
If, at any time, the Customer or its representatives does not
wish his or her Personal Data to be used for any or all of the
above purposes, he or she should contact the The Manager,
MES Ltd, Marine House, Unit 10, City Business Park, Easton Road, Bristol BS5 0SP or notify
any of our sales representatives when placing an order by phone.
The cost of such letter or phone call shall be reimbursed to the
Customer or representative.
Customer or representatives of a Customer who are living
individuals have the right under the Data Protection Acts 1988
and 2003 to request a copy of any Personal Data relating to them.
Such Customers also have the right to have any inaccuracies in
such data corrected.
18. Promotions
In the event that the Company sends promotional material to the
Customer in relation to goods or services available from the
Company, these Conditions shall apply to all Supplies purchased
from such material.
19. Country of origin
Unless otherwise confirmed by the Company in writing, nothing in
this Catalogue is to be taken as representation of the source of
origin, manufacturer or production of the Goods or any part of
them.
20. Trade counter
A Customer wishing to collect Goods from the trade counter must
do so within 2 working days of arranging the collection. If Goods
are not so collected within the said period, the Company will
charge the Customer a re-stocking fee of 30% of the value of the
Goods ordered. Proof of Identity will be required when collecting
Goods from the trade counter.
21. Export
The Customer is responsible at its own expense for obtaining any
licence and complying with any export regulations in force within
Ireland and in the country for which the Goods are destined.
Certain Goods imported from the United States of America by the
Company are subject to specific restrictions. The Company
reserves the right not to supply certain customers or countries
and to require from the Customer full details of the end use and
final destination of the Goods.
22. Age requirements for certain Goods
Where the law requires a minimum age for the purchase of certain
Goods, the Customer confirms that he or she is over the required
age and that delivery of the Goods will be accepted by a person
over the relevant age limit.
23. Force majeure
The Company shall not be liable to the Customer in any manner or
be deemed to be in breach of these Conditions because of any
delay in performing or any failure to perform any of the
Company's obligations under these Contract if the delay or
failure was due to any cause beyond the Company's reasonable
control (which shall include, but not be limited to government
actions, war, fire, explosion, flood, import or export
regulations or embargoes, labour disputes or inability to obtain
or a delay in obtaining supplies of Goods or labour). The Company
may, at its option, delay the performance of, or cancel the whole
or any part of a Contract.
24. Recording of telephone calls
The Company reserves the right to monitor, intercept or record
telephone calls and may monitor or intercept all email or other
electronic communications made to its premises for training,
security and quality purposes. The Customer consents to such
monitoring, interception or recording and confirms that he or she
has the authority to consent to such matters on behalf of his or
her employees, agents or representatives.
25. Legal construction
All Contracts shall be governed by and interpreted in accordance
with English law and the Customer submits to the jurisdiction of
the English Courts, but the Company may enforce such Contract in
any court of competent jurisdiction.
26. General
Any provision of these Conditions of Supply which is held by any
competent authority to be invalid, void, voidable, unenforceable
or unreasonable (in whole or in part) shall to the extent of such
invalidity, voidness, voidability, unenforceability or
unreasonableness be deemed severable and the other provisions of
these Conditions of Supply and the remainder of such provision
shall not be affected. Failure by the Company to enforce or
partially enforce any provision of these Conditions of Supply
will not be constrained as a waiver of any rights under these
Conditions of Supply.
The Company shall be entitled, without the consent of or notice
to the Customer, to assign the benefit, subject to the burden, of
these Conditions and/or any Contract to any company which is the
parent company or subsidiary of the Company or any subsidiary of
such parent company at any time.
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