Terms and Conditions of Sale
All orders are accepted by Energy Saving Controls Ltd t/a MS Electronics subject to our Terms and Conditions of Sale set out below:
1.0 General
1.1 All orders for on the M.S. Electronics website are accepted by M.S. Electronics (‘MSE’) subject to these terms and conditions of sale. No other terms will apply to the supply of products and services by MSE unless agreed in writing by the Managing Director of MSE or expressly stated otherwise in these terms and conditions of sale.
1.2 All descriptions of the products and services contained on the MSE website, or otherwise communicated to the Customer are approximate only and shall not form any part of the contract between MSE and the Customer. MSE shall not be liable to the Customer for any errors or omissions in its website. The advertising of products and services on the MSE website is not an offer capable of acceptance, it merely constitutes an invitation by MSE for the Customer to make an offer to purchase products and services.
1.3 MSE are a Business to Business supplier
1.4 The MSE website is intended for use by business customers and not by consumers or private individuals. Notwithstanding the foregoing, nothing in these terms and conditions of sale shall affect the statutory rights of a Customer who deals as a consumer.
2.0 Pricing
2.1 The prices of the products and services are as set out on the MSE website at the date of dispatch of the ordered products, or the date of provision of the ordered services. The Customer is informed that the prices and products in the printed hard copy of the catalogue, or any marketing material are subject to change. Up-to-date information can be found at http://mselectronics.co.uk. All prices exclude VAT, which MSE will add at the rate applicable at the date of order dispatch.
2.2 Prices quoted are subject to increases beyond the control of the Company.
2.3 MSE reserves the right to change prices without prior notice at any time.
3.0 Orders
3.1 Orders should be in writing and use the MSE stock numbers and the priced units used on the MSE website or on written quotations or confirmations received by the Customer from MSE. All orders MUST also specify which delivery option is required and detail the specific delivery address if different from the invoice address.
3.2 If there are any discrepancies these will first need to be rectified and an amended order sent by return email before the order has been completed. If there are discrepancies these will first need to be rectified and an amended order sent before the order has been completed. Any errors that occur after the order is fulfilled will be the responsibility of the customer.
3.3 Verbal orders will be accepted, but the customer will be responsible for any errors of descriptions or quantity, or date of delivery in goods supplied there under.
3.4 MSE reserves the right to decline to trade with any company or person. In addition, MSE may decline to accept any order, whether or not payment has been received, by giving notice of non-acceptance to the Customer by telephone or facsimile within a reasonable period of receipt by MSE of the order.
3.5 MSE executes orders to the Customer’s requirements, and does not substitute one product for another unless requested by the Customer, or unless the product has been superseded by the latest version. To the extent that orders cannot be fulfilled completely from stock, the unfulfilled balance will (at the Customer’s option) either be put on back order to be fulfilled when MSE next has available stock, or be cancelled.
4.0 Delivery
4.1 While MSE will use its best endeavors to meet any stated delivery dates, time shall not be the essence of the contract.
MSE shall not be liable for any loss or damage whatsoever, resulting directly or indirectly from a late or failed delivery.
4.2 All prices are ex works, and all or any costs of delivery will be charged to the buyer, or unless expressly stated otherwise in these terms and conditions of sale, or at the time of order.
4.3 Delivery will be made to the Customer’s usual business address, unless otherwise agreed in writing.
4.4 In the event of a non-delivery, the buyer must notify the Company:
4.4.1 In the case of non-delivery, within the United Kingdom, within 7 days of notification of dispatch, or receipt of invoice, whichever is the earlier.
4.4.2 In the case of overseas non-delivery, within 14 days notification of dispatch, or receipt of invoice, whichever is the earlier.
4.4.3 Otherwise a claim cannot be made on the carriers for loss in transit, if we are not so advised, the consignee will be deemed to be responsible for the loss.
4.5 Every care is taken in checking goods in the event of shortage or damage, the buyer must notify the Company within 3 days of receipt of goods, the packages and the contents must be retained for the carrier’s inspection where necessary.
4.6 Packing will be to the Company’s standard unless otherwise specified and paid for by the buyer.
5.0 Payment
5.1 If MSE has not granted credit to the Customer, payment terms are cash with order.
5.2 If credit has been granted:
5.2.1 Credit Terms: payment is strictly 30 days Net from date of invoice unless otherwise agreed in writing and signed by a Director of the Company.
5.3 All payments must be made without any set-off, deduction or counterclaim.
5.4 If the payment is not made in accordance with the agreed terms, the buyer shall be deemed to be in default of payment and the Company shall be entitled without prejudice to any other rights it may have to charge interest at the rate of 5% above the Bank of England base rate. The Company reserves the right to charge the buyer for any legal costs involved in connection the recovery of outstanding monies due.
5.5 Failure to make due payment of deliveries, under these Terms and Conditions of Sale, or any other contact between the Customer and MSE, shall entitle the Company to delay, suspend or cancel deliveries in whole or part at its option, or withdraw account facilities.
5.6 If account facilities are withdrawn, then all outstanding invoices will immediately fall due for payment, and a demand as such will be made at the time of withdrawal of these facilities.
6.0 Performance
6.1 MSE will use its best endeavors to provide you with general advice about our products.
6.2 MSE accepts no responsibility or liability for ensuring products are sufficient and suitable for Customer requirements, this remains the responsibility of the Customer.
7.0 Drawings and Data
7.1 All specifications, drawings and particulars of weights, dimensions, capacity or other details are approximate only. Specific details can be confirmed on request.
7.2 MSE will use its best endeavors to ensure the accuracy of technical details relating to our Products, but accept no liability in contract or tort or under statute or otherwise for any damages to injury arising directly or indirectly form error or omission in such technical details whether caused by our negligence or otherwise.
7.3 MSE reserves the right to amend and/or improve designs, specifications and technical information any time without notice.
8.0 Safety
8.1 MSE accepts no liability for personal injury arising from wrongful, or misuse of its products.
8.2 The Customer shall ensure compliance with any instructions given by MSE, or the manufacturer for the purpose of ensuring that the goods are used safely and without risk to health.
9.0 Ownership and Risk
9.1 Risk of loss of or damage to the products shall pass to the Customer on delivery.
9.2 The property and title of the goods shall remain with MSE until such time as all sums owing for and in respect of the goods have been received from the Customer by MSE.
9.3 Until such time, the Customer is required to store the goods in such a way, that they clearly remain the property of MSE.
9.4 The Customer agrees that MSE, or its agents, in seeking to exercise its right under this clause may at any reasonable time enter the Customer’s premises and remove the Company’s goods.
9.5 Demand for or recovery of the products by MSE shall not of itself discharge either the Customer’s liability to pay the whole of the price and take delivery of the products or MSE’s right to sue for the whole of the price.
10.0 Indemnities
10.1 The Customer warrants that manufacture to his order will not involve the Company in the infringement of Patent, registered design or trademark, or other rights and will indemnify the Company against all claims, costs and expenses incurred by any such infringement.
11.0 Warranty
11.1 Products purchased from MSE are provided with a 3 year warranty free of charge.
11.1.1 Exception to the warranty are products which have an integrated battery (TDS2, TDS2-L, IPTDS2, PCTDS2) . We can offer a battery replacement service (subject to charges) – please contact sales for more information.
11.2 MSE will, at its option, repair or replace goods found to be defective due to defective workmanship or materials provided:
11.2.1 In the case of any defect discoverable upon reasonable examination that notification is given to the Company within 12 weeks from the date of dispatch.
11.2.2 In the case of any defect not discoverable upon reasonable examination such notification must be made within a period of 12 months from dispatch.
11.2.3 The goods are returned, if return is requested by the Company, within 7 days of notification of the defect, otherwise payment will become due and an invoice raised for any replacement items.
11.3 This warranty is subject to a claim being made in writing to MSE within 12 months of the original date of dispatch.
11.4 These warranties shall not apply to any defect which arises from improper use, failure to follow the product instructions, or any repair or modification made without the consent of MSE.
11.5 The Customer must return or dispose of the products, or make them available for collection by MSE, in accordance with MSE’s instructions and ensure they are suitably packaged.
11.6 The Customer must contact MSE to notify MSE of the return of any products prior to returning any products and obtain a returns number, which is to be quoted on all paperwork.
11.7 Returned products must be accompanied by an advice note stating the original invoice number in respect of the products and the nature of any claimed defect.
11.8 Where the Customer returns products otherwise than in accordance with these warranty provisions, MSE may refuse such products and return them to the Customer at the cost of the Customer.
11.9 The remedies set out above shall be MSE’s sole liability and the Customer’s sole remedy for any breach of warranty and in respect of the supply or non-supply of products and/or services.
12.0 Cancellation and Returns
- The Customer may not cancel orders once accepted by MSE We cannot accept the return of goods unless our prior consent has first been obtained, and the goods are returned to us in the original boxes, cartons or wrapping and in an unused condition fit for re-sale.
- All items will be refunded (either in full or partially depending on the circumstances of return) upon receipt of the returned product(s).
- We do not send out replacement products. If the customer requires an urgent/immediate replacement, our company policy dictates the customer will need to purchase a new item(s) and a refund will be discussed as per Item 2
- Return postage fees are the sole responsibility of the buyer.
- The item is the buyer’s responsibility until it reaches the Company. Therefore for your own protection we recommend that you send the parcel using a delivery service that insures you for the value of the goods and confirms receipt of delivery.
- We reserve the right to make a handling charge, maximum £20, to cover our administration costs, should this be necessary.
- Cancellation of orders for good that are Manufactured to Order or manufactured to Customers specifications will not be accepted
- Cancellation or alteration charges maybe applicable to cover the cost of our administration.
- The Customer may only return products to MSE, and receive a credit, or refund on the conditions stated in 10-14 below:
- The Customer must contact MSE prior to the return of any products and obtain the prior consent of MSE and obtain a returns number, which must be quoted on all returned paperwork
- Returns must be made within 30 days of the date of delivery.
- Products must be returned to MSE in their original condition and packaging and in a condition which will enable them to be immediately fit for re-sale.
- Products must be returned to MSE adequately packed and dispatched with pre-paid shipping – MSE will not be liable for any shipping costs associated with returned goods.
- For products returned due to Customer error, or no longer required and returned in accordance with (12.5.1) – (12.5.4) above a handling charge will be applied.
- The handling charge is 20% of the invoice value.
- Where the Customer returns products to MSE not in accordance with (12.5.1) – (12.5.4) above MSE will refuse delivery and return the products at the Customer’s expense or may apply a handling charge which relates to the actual cost of reprocessing
- This returns policy excludes software, non-catalogue products and specially manufactured products.
- MSE accepts no responsibility for any loss of or damage to products in transit from Customer to MSE or for any items received by MSE with them.
13.0 Force Majeure
13.1 A force majeure event is any event beyond the reasonable control of MSE (including strikes, traffic congestion, the downtime of any external line, or MSE’s inability to procure services, materials or articles required for the performance of the contract except at enhanced prices).
13.2 If MSE is prevented, or restricted from carrying out all, or any of its obligations under these Terms and Conditions of Sale by reason of any Force Majeure event, then MSE shall be relieved of its obligations during the period that such an event continues, and shall not be liable for any delay and/or failure in the performance of its obligations during such period.
13.3 If the Force Majeure event continues for a period longer than 14 days, MSE may cancel the affected order, or cancel the whole or any part of these Terms and Conditions of Sale, without any liability to the Customer.
14.0 Ownership Rights
14.1 The Customer acknowledges that MSE and its Licensors own the Intellectual Property rights in the MSE website, the MSE catalogues, the catalogue content and the stock numbers, and that their whole or partial reproduction without MSE’s prior written consent is prohibited.
15.0 Data Protection and Customer Information
15.1 MSE will only use and store your information for our legitimate business uses and in accordance with the applicable data protection legislation, such as the Data Protection Act 1998.
15.2 MSE will not sell, rent or trade your personal information.
15.3 The information will be used by MSE, our distributers and system partners if appropriate.
16.0 Dispute
16.1 Any dispute arising between the buyer and the Company under these terms and conditions shall be determined by English Law.
17.0 WEEE
17.1 The Customer Shall:
17.1.1 be responsible for financing collection, treatment, recovery and environmentally sound disposal of:
17.1.1.1 all WEEE arising or deriving from the Products; and
17.1.1.2 all WEEE arising or deriving from products placed on the market prior to 13 August 2005 where such products are to be replaced by the Products and the Products are of an equivalent type or are fulfilling the same function as that of such products.
17.1.2 comply with all additional obligations placed upon the Customer by the WEEE Regulations by virtue of the Customer accepting the responsibility set out in clause 17.1.1; and
17.1.3 provide MSE’s WEEE compliance scheme operator with such data, documents, information and other assistance as such scheme operator may from time to time reasonably require to enable such operator to satisfy the obligations assumed by it as a result of the Seller’s membership of the operator’s compliance scheme.
17.2 The customer shall be responsible for all costs and expenses from and relating to its obligations in clause 17.1.
17.3 Further information in respect of the arrangements set out in clause 17.1 can be found at www.electrolink.eu.com by clicking on the ‘WEEE FINAL USERS’ button and quoting WEEE registration number WEE/ED2945YS where prompted.
17.4 Definitions:
17.4.1 ‘WEEE’ means Waste Electrical and Electronic Equipment as defined in the WEEE Regulations
17.4.2 ‘WEEE Regulations’ means The Waste Electrical and Electronics Regulations 2006 (SI 2006/3289).
Energy Saving Controls Ltd
Registered Office: Unit 21 Highview, High Street, Bordon, Hampshire GU35 0AX
Company Registration Number: 11955435
VAT Registration Number: GB 323 445424
WEEE Registration Number: WEE/ED2945YS