1.Introduction
These terms and conditions shall apply to any order from you for the supply of items detailed in this website or otherwise.
2.Applicability of Terms
Any order placed by you shall be accepted on the basis that the terms and conditions contained in this website shall apply to the contract between us for the supply of any items detailed in your order. Please read all of these terms and conditions carefully.
3.Formation of Contract
3.1.Any order sent by you to us shall be accepted entirely at our discretion, and, if so accepted, will only be accepted upon these terms and conditions (“the Conditions”).
3.2.Each order which is so accepted shall constitute an individually legally binding contract between us and such contract is hereinafter referred to in these Conditions as an “Order”.
3.3.These Conditions shall override any contrary different or additional terms or conditions (if any) contained on or referred to in an order form or other documents or correspondence from you, and no addition alteration or substitution of these Conditions will bind us or form part of any Order unless they are expressly accepted in writing by a person authorised to sign on our behalf.
4.Specification
All goods supplied by us shall be in accordance with (i) the details of products as set out on this website (ii) the current edition of the relevant Product Description Leaflet as published from time to time by us (copies of which are available from us upon request) and (iii) those further specifications or descriptions (if any) expressly listed or set out on the face of the Order. No other specification, descriptive material, written or oral representation, correspondence or statement, promotional or sales literature shall form part of or be incorporated by reference into the Order.
5.Acceptance
You will be deemed to have accepted all goods upon their delivery by us to the address specified in the Order.
6.Delivery and Risk
6.1.Unless otherwise stated in the Order, the price quoted excludes delivery to the address specified in the Order, and we will be entitled to make a delivery charge and reserve the right to make an additional charge to cover any increase in transport costs occurring before the date of delivery.
6.2.Any time or date for delivery given by us is given in good faith but is an estimate only.
6.3.A valid signature is required on delivery. You will become the owner of the goods you have ordered following full payment and delivery of them to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction. In order to deliver your order as quickly as possible we may dispatch items from different locations. If this is the case the items may arrive separately, and even on different days.
7.Payment Details
1st Machine Tool Accessories Limited are happy to accept orders through this site with payment by Visa, Mastercard, Visa Debit, Maestro or Switch. If you would prefer to contact us direct please telephone 0800 783 0510 and we will phone you back to receive details of your order. You can also fax or post your order to 0800 783 0517, 1st Machine Tool Accessories Limited, 1 The Headlands, Downton, Salisbury, Wiltshire SP5 3JJ. UK.
8.Delivery Information and Charges
Prices for delivery shall be charged as detailed on our website and we shall be entitled to change these at our discretion. Orders from countries outside the UK or Europe will be despatched at our discretion and the actual cost of shipping, including an allowance for packaging in the case of unusual shaped or bulky items, billed or debited accordingly. In some cases the standard carriage charges are not sufficient due to the heavy or bulky nature of the goods. We reserve the right to levy a carriage surcharge in such circumstances and will contact you to obtain agreement of the increased cost prior to shipment. We can also deal with an exporter or forwarder – contact us for details.
9.Our Contract
We must receive payment of the whole of the price for the goods you order before your order can be accepted unless prior written agreement has been made. Due to the extensive range of products on our website there may be some incorrectly priced items (if you spot any please feel free to send us an e-mail pointing out any such discrepancies). Any orders which contain items incorrectly priced will be advised by telephone, fax or e-mail and the correct price, less any goodwill discount, will be advised. We will then ask you to confirm whether you wish to proceed with the order at the corrected price or alternatively cancel the order.
10.Price
The prices payable for the goods you order and their delivery is as set out in our web site. Goods delivered outside Europe will be charged at the VAT free price. All transactions are in pounds sterling. The VAT element of each purchase is clearly detailed on our invoice to you, which is provided by e-mail.
11.Returns
11.1.Items Not Required: We provide as much information about our products as possible to assist you in making an informed purchasing decision. However, you may return any of the goods delivered to you within 14 days of the date of delivery to our contact address, provided that the goods are received by us in the condition they were in when delivered to you, and unused. Any item which has been specially ordered by 1st Machine Tool Accessories Limited on your behalf cannot be returned unless by prior agreement. Special orders, if accepted for return, may incur a re-stocking charge which can be up to 20%. We cannot accept proof of posting of returns as confirmation of delivery. Any sum debited to us from your credit card, less the cost of postage and packing and any applicable re-stocking charge, will be re-credited to your account within 30 days. Orders, other than special orders, can be cancelled at any time prior to despatch and will not incur any charges. Orders cancelled following despatch should be returned by you, following the guidance given above. Failure to sign for a delivery will result in a charge of £15 being deducted from your card. This covers the charge levied by the carrier to return the goods to ourselves. The outward carriage (minimum £10.00) will also be deducted. Cancellation of orders must be sent by either Fax (0800 783 0517) or e-mail (enquiries@1mta.com). Images on the website are for illustration purposes only and specific requirements in terms of specification should be confirmed prior to ordering.
11.2.Damaged, Faulty or Incorrectly Supplied Items: If any of the goods supplied by us are damaged, faulty or incorrectly supplied you should advise us by email to enquiries@1mta.com. We will arrange for the collection of such goods from you. We will also arrange for replacement goods to be supplied to you if required.
12.Stock Availability
1st Machine Tool Accessories Limited endeavour to hold sufficient stock to despatch all orders within 2-3 working days. However, some items, particularly the more specialist, may be out of stock due to unexpected demand. Goods which are either not in stock, or are special orders, may take up to 7-10 days for delivery. Notification will be given if this time period will be exceeded.
13.Exclusion
13.1.We shall have no liability to you in the event that the goods to be supplied under the Order infringe any intellectual property rights of a third party (including without limitation by reason of their possession, sale or use, whether alone or in association or combination with any other goods); we give no warranty that the goods supplied under the Order will not infringe as aforesaid, and all conditions, warranties, stipulations or other statements whatsoever relating to such infringement or alleged infringement (if any), whether express or implied, by statute, at common law or otherwise howsoever are hereby excluded.
13.2.Unless otherwise stated in the Order, payment of the price of the goods comprised in each consignment delivered pursuant to an Order shall become due at the time of placing your order.
13.3.Title to the goods comprised in each consignment shall not pass to you until you have paid the price to us, but, even though title has not passed, we shall be entitled to sue for the price once its payment has become due.
14.Storage
If we shall be unable, through circumstances beyond our control (including without limitation lack of shipping instructions from you), to deliver the goods within 14 days after notification to you or your agent that the goods are ready for delivery, we shall be entitled to arrange storage on your behalf, whereupon delivery shall be deemed to have taken place, all risk in the goods shall pass to you and delivery to you of the relevant warehouse receipt shall be deemed to be delivery of the goods for the purposes of these Conditions. All charges incurred by us for storage or insurance shall be paid by you within 30 days of submission of an invoice.
15.Force Majeure
15.1.We shall not be under any liability for any failure to perform any of our obligations under the Order due to Force Majeure. Following notification by us to you of such cause, we shall be allowed a reasonable extension of time for the performance of our obligations.
15.2.For the purposes of this Condition, “Force Majeure” means fire, explosion, flood, lightning, Act of God, act of terrorism, war, rebellion, riot, sabotage or official strike or similar official labour dispute, or events or circumstances outside the reasonable control of the party affected thereby.
16.Guarantees
1st Machine Tool Accessories Limited take great care to ensure that all the products featured on this website are of high quality. As part of our commitment to quality we provide 12 month’s guarantee on all products on this website provided that they have been used, at all times, in the correct manner. If a product is faulty and under guarantee you should follow the procedures detailed in the guidance enclosed in the packaging.
17.Entire Agreement
These terms and conditions, together with our current web site prices, delivery details and contact details, set out the whole of our agreement relating to the supply of the goods to you by us. These terms and conditions cannot be varied except in writing signed by one of our directors. In particular nothing said by any of our staff should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. We shall have no liability for any such representation being untrue or misleading.
18.Complaints
1st Machine Tool Accessories Limited endeavour to reply to all complaints within 5 working days. Complaints should be sent by e-mail to enquiries@1mta.com or in writing to the contact address.
19.Exclusions
Our liability under these Conditions shall be to the exclusion of all other liability to you whether contractual, tortious or otherwise for defects in the goods or for any loss or damage to or caused by the goods, and all other conditions, warranties, stipulations or other statements whatsoever concerning the goods, whether express or implied, by statute, at common law or otherwise howsoever, are hereby excluded; in particular (but without limitation of the foregoing) we grant no warranties regarding the fitness for purpose, performance, use, nature or quality of the goods, whether express or implied, by statute, at common law or otherwise howsoever.
20.Intellectual Property Rights
We shall have no liability to you in connection with claims based on or resulting from the infringement of intellectual property rights, of any kind whatsoever, of third parties.
21.Confidentiality
Both you and we shall each keep confidential and shall not without prior consent in writing of the other disclose to any third party any technical or commercial information which it has acquired from the other as a result of discussions, negotiations and other communications between them relating to the goods and the Order.
22.Economic Loss
Notwithstanding anything contained in these Conditions or the Order, in no circumstances shall we be liable, in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever, and whatever the cause thereof (i) for any loss of profit, business, contracts, revenues, or anticipated savings, or (ii) for any special indirect or consequential damage of any nature whatsoever.
23.Limitation of Liability
Notwithstanding anything contained in these Conditions or the Order, our liability to you in respect of the Order, in contract, tort (including negligence or breach of statutory duty) or howsoever otherwise arising, shall be limited to the price of the goods specified in the Order actually received by us.
24.Unfair Contract Terms Act 1977
24.1.If and to the extent that s6 and/or s7(3A) of the Unfair Contract Terms Act 1977 applies to the Order, no provision of these Conditions shall operate or be construed to operate so as to exclude or restrict our liability for breach of the applicable warranties as to title and quiet possession implied into the terms and conditions of the Order by s12(3) of the Sale of Goods Act 1979 or s2(3) of the Supply of Goods and Services Act 1982, whichever Act applied to the Order.
24.2.Where you are a natural person and if and to the extent that s2(1) of the Unfair Contract Terms Act 1977 applies to the Order nothing in these Conditions shall operate or be construed to operate so as to exclude or restrict the liability of us for death or personal injury caused you by reason of our negligence or of our servants, employees or agents.
25.Applicable Law
The Order shall be considered a contract made in England and shall be governed in all respects by the law of England and the parties agree to submit to the non-exclusive jurisdiction of the English courts.
Your Statutory Rights as a consumer are not affected.
