Terms and Conditions

 

TERMS OF PRODUCT SUPPLY

 

1 OUR CONTRACT

These Terms and Conditions govern the supply of goods sold either by Marshall Thermo King Ltd or Fellhouse Ltd both jointly trading as marshallparts.co.uk and whose Registered Offices are Airport House The Airport Cambridge CB5 8RY ("we" and "us") to the customer ("you") named on the order form provided on the marshallparts.co.uk web site. Together with the completed order form, these Terms and Conditions constitute the entire and only agreement between us in relation thereto. Our acceptance of your order by delivery of the goods constitutes a legally binding contract between us on these terms and conditions. We reserve the right to amend or change these terms at any time; changes will be applied instantly to this web site, allowing you to be aware of them before ordering.

 

2  PRICE AND PAYMENT

 

2.1        The price payable for the goods you order is as set out on our web site at the time you place your order plus any charges for delivery, carriage and insurance as set out in the order form. Due to fluctuations in supplier price, we reserve the right to change our prices without notice. Although any such price changes will be applied instantly to this web site, allowing you to be aware of them before ordering. Errors and omissions excepted.

 

2.2        UK Orders - All prices quoted are in sterling (UK pounds) and include VAT at the prevailing rate.

           

2.3               Orders from outside UK - In order to simplify prices, we charge exactly the same price to all overseas customers.

 

2.4        Subject to clause 2.5, we must receive payment for the whole of the price of the     goods you order, and any applicable charges for delivery, carriage and insurance,         before your order can be accepted unless we have agreed otherwise in advance in          writing.

 

2.5        If you are one of our existing account customers, payment shall be made in full within 30 days of the date of invoice. Time shall be of the essence for payment. We may revoke credit if you fail to make payment when due. If payment is not made when due, interest is payable at the rate of 3 per cent over Barclays Bank Plc then current base rate on the amount outstanding from the due date for payment until receipt of the full amount (including any accrued interest) together with legal or other recovery costs which will be charged at the rate of 9.25% of the amount outstanding and unpaid.

 

2.6        We do not accept payment by Switch/Amex Card over the Internet.

 

3  DELIVERY AND TITLE

Unless you tell us you wish to collect the goods, we will deliver them in accordance with your order.

 

A valid signature will be required on collection or delivery.

 

Immediately prior to despatch of the goods to you, title in the goods will (provided full payment has been made in accordance with paragraph 2) pass to you.

 

In the unlikely event that you have not received all the goods within 21 days of the date of delivery (or where you have requested a delayed despatch within 21 days of the requested despatch date), you must notify us immediately.

 

Unpaid goods will remain the property of marshallparts.co.uk until full payment has been made

 

All on-line orders will be charged delivery charges at the prevailing rates specified in your order.

 

4  AVAILABILITY

While we endeavour to hold sufficient stock to meet all orders, if we have insufficient stock to supply or deliver the goods ordered and paid for by you, we may, at our discretion, supply or deliver a substituted product or refund you the price paid for such goods as soon as possible and in any case within 30 days or, in the case of an account customer, we may, in our absolute discretion, as soon as possible raise a credit to offset the amount invoiced to you.

 

5  CANCELLATION AND RETURNS

 

5.1        You may cancel your order by giving us notice of cancellation before, or within 7 days of, the date of collection or delivery. Such notice may be given by mailing, faxing or emailing to the number or address set out on the order form.

 

5.2        On cancellation:-

 

(i) You must return the goods to us at your cost unless they are being returned because they are faulty, incorrectly supplied or because of unsuitable substitution by us, in which case we will meet the cost of return provided we are             allowed to nominate the carrier.

 

(ii) We will refund any sums paid for the goods within 7 days of cancellation or (where appropriate) receipt of the returned goods.

 

6   LIABILITY

If you have notified us of a problem with the goods, we will (at your option) either make good any shortage or non-delivery; replace or repair any goods that are damaged or defective upon delivery; or refund to you the amount paid by you for the goods in question.

 

We will not be liable to you for any loss or damage, whether to profit, inconvenience (administrative or other), disappointment or, indirect or consequential loss or damage arising out of any problem in relation to the goods and we shall have no liability to pay any money to you by way of compensation other than any refund we make under these conditions.

 

This does not affect your statutory rights as a consumer, nor is it intended to exclude our liability to you for fraudulent misrepresentation or for death or personal injury resulting from our negligence.

 

7  TERMINATION

We may suspend further supply or delivery, stop any goods in transit or terminate our contract by notice in writing to you if you are in breach of an obligation hereunder, you become unable to pay your debts when they fall due or proceedings are commenced by or against you alleging bankruptcy or insolvency. Upon termination, your indebtedness to us becomes immediately due and payable and we shall be under no further obligation to supply goods to you.

 

8  FORCE MAJEURE

We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder that is caused by any event or circumstance beyond our reasonable control (including, without limitation, strikes, lockouts and other industrial disputes).

 

9  GENERAL

If any part of these conditions is invalid, illegal or unenforceable (including any provision in which we exclude our liability to you) the validity, legality or enforceability of any other part of these conditions will not be affected. This contract shall be governed by and interpreted in accordance with English law.