TERMS AND CONDITIONS
FOR GOODS & MATERIALS SOLD BY MARBONYX
|The following terms and conditions apply to Goods advertised on our website at www.Marbonyx.com
The placing of an order indicates your acceptance of these terms and conditions.
Please read them carefully and if required, print a copy for your records or future use. We will treat each order as a commitment by you to purchase the goods subject to these terms and conditions.1.DEFINITIONS1.1 “Buyer” means the individual or organisation who buys or agrees to buy the Goods from the Seller;
1.2 “Consumer” shall have the meaning ascribed in section 12 or the Unfair Contract Terms Act 1977;
1.3 “Contract” means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions
1.4 “Goods” means the articles that the Buyer agrees to buy from the Seller;
1.5 “Seller” means Marbonyx Ltd
1.6 “Terms and Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.2. CONDITIONS
2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
3.1 All orders for Goods shall be deemed an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions subject to acceptance by the Seller. The Seller may choose not accept an order for any reason.
4. PRICE AND PAYMENT
4.1 The price of the Goods shall be that stipulated on the Seller’s current price list. The Price does not include delivery charges. Additional delivery charges are payable for delivery both within and outside the United Kingdom where applicable.
5. RIGHTS OF THE SELLER
The Seller reserves the right to adjust the price and specification of any item in its current price list.
The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller. Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or the condition of the Goods, whether implied by the Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer’s purpose.
7.1 The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party whether directly or indirectly out of any failure to meet the estimated delivery date.
8. CANCELLATION AND RETURN
8.1 The Buyer shall be deemed to have accepted the Goods upon delivery of the order.
9. LIMITATION OF LIABLITY
9.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the value of the Goods and the Seller shall under no circumstance be liable for any direct, incidental or consequential loss or damage whatever.
No wavier by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its right to do so in the future.
11. FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstance outside its reasonable control, but not limited to Acts of God, strikes, lock outs, accidents of war, fire breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of time to fulfil 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 served 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.
13. CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to alter these Terms and Conditions at any time, but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
14. GOVERNANCE LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereto submit to the exclusive jurisdiction of the English courts.