Terms & Conditions of Supply
The following terms and conditions (together with the documents referred to in it) (the “Terms”) form the basis on which private limited company with number 00431947 and its registered office at 109-115 Eleanor Cross Road, Waltham Cross, Hertfordshire, EN8 7NT and VAT number 820601475 Medlock Electrical Distributors (references to “us, “we” and “our” to be construed accordingly) supply any of the products (Products) listed on our websites www.electricpoint.com and www.electricpoint.co.uk (together and individually referred to as the “Websites”) to you (references to “you” and “your” to be construed accordingly). Please read the Terms carefully before ordering any Products from our Websites. You should understand that by ordering any of our Products, you agree to be bound by the Terms.
You should print a copy of the Terms for future reference.
Please click on the button marked "I Accept" at the end of the Terms if you accept them. If you refuse to accept the Terms, you will not be able to order any Products from our Websites.
1.1 The Websites are directed at United Kingdom resident customers only. If you are not a United Kingdom resident DO NOT USE THIS SITE. If you choose to do so, we reserve the right to refuse to supply our Products to you without reason.
1.2 Some of these Terms apply to consumers only; some apply to business customers only. Those Terms are marked as such.
1.3 All other Terms apply to all customers.
1.4 You are classified as a business customer if you indicate to us that the Products supplied by us will be used in the course of your business or if you use the Products in the course of your business.
1.5 If you are not a business customer, you are a consumer. You have certain statutory rights as a consumer which are not affected by these Terms. Contact your local trading standards office for more information.
2. Your status AND ORDER
2.1 By placing an order through our site, you warrant that:
2.1.1. you are legally capable of entering into binding contracts; and
2.1.2. you are at least 18 years old.
2.2 You agree in respect of your order that:
2.2.1. all details contained in the order are up-to-date, materially accurate and sufficient for us to fulfil your order; and
2.2.2. Products prepared in accordance with any specifications or instructions set out by you in the order will be fit for the purpose for which you intend to use them.
3. Contract formation
3.1 All prices, quotations, specifications and descriptions made or referred to on the Websites are subject to availability and do not constitute an offer and may be withdrawn or revised at any time prior to our express acceptance of your order.
3.2 Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us.
4.1 Consumers only: You may cancel your contract at any time without reason within seven working days, beginning on the day after you received the Products (the “cooling off period”). If you do cancel within this cooling off period, you will receive a full refund of the price paid for the Products. This excludes items which are 'specials' or specially ordered.
4.2 Consumers only: To cancel your contract, you must inform us in writing.
4.3 Where you are in possession of the Products ordered, you must return the Products to us as soon as reasonably practicable, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. All Products must be securely packaged and where we arrange for collection of the Products, the consigned carriage is to be paid for by you. If you fail to comply, we may have a right of action against you for compensation.
4.4 Consumers only: Upon the expiry of the cooling-off period you may not cancel the contract unless we agree in writing and clause 4.5 shall apply. You will have no further claims against us under the contract if the contract is cancelled.
4.5 If the contract is cancelled (for any reason) you are then to pay us for all stock (finished or unfinished) that we may then hold (or to which we are committed) for the order.
4.6 We may suspend or cancel the contract, by written notice if:
4.6.1. you fail to pay us any money when due (under the contract or otherwise);
4.6.2. you become subject to insolvency or administration proceedings (being a company), or are subject to a bankruptcy petition or order (being an individual);
4.6.3. you fail to honour your obligations under the Terms.
5.1 All delivery times quoted are estimates only.
5.2 If we fail to deliver within a reasonable time after the quoted delivery time, you may (by informing us in writing) cancel the contract, however:
5.2.1. you may not cancel if we receive your notice after the Products have been dispatched; and
5.2.2. if you cancel the contract, you can have no further claim against us under that contract.
5.3 If you accept delivery of the Products after the estimated delivery time, it will be on the basis that you have no claim against us for delay (including indirect or consequential loss, or increase in the price of the Products).
5.4 We may deliver the Products in instalments. Each instalment is treated as a separate contract.
5.5 We may decline to deliver the Products if:
5.5.1. we believe that it would be unsafe, unlawful or unreasonably difficult to do so; or
5.5.2. the premises (or the access to them) are unsuitable for our vehicles.
6. Risk and title
6.1 The Products are at your risk from the time of delivery.
6.2 Delivery takes place either:
6.2.1. at our premises (if you are collecting them or arranging carriage); or
6.2.2. at your premises or address specified by you (if we are arranging carriage).
6.3 You must inspect the Products on delivery. If any Products are damaged or not delivered, you must write to tell us within three working days of delivery or the expected delivery time. You must give us (and any carrier) a fair chance to inspect the damaged Products.
6.4 Consumers only: Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including but not limited to any delivery charges. Until ownership of the Products passes to you, you shall hold the Products for us.
6.5 Business customers only: until payment in full of all monies owing to us, including any debts, in relation to the Products in received in cleared funds:
6.5.1. title to all Products remain with us and as such remain our property;
6.5.2. you shall store the Products separately from property belonging to third parties and in such a way that they are clearly identifiable as our property;
6.5.3. you shall have in place and maintain insurance for the Products (for such risks as would a prudent owner would insure) and hold the insurance policy on trust for us; and
6.5.4. we are granted access to enter any premises where the Products may be stored at any time to inspect them.
6.6 Business customers only: We reserve our right to bring legal proceedings against you to recover monies owed to us and the Products supplied should we not receive all sums owing to us by the due date.
7. Price and payment
7.1 The price quoted excludes VAT (unless otherwise stated). VAT will be charged at the rate applying at the time of delivery. We reserve the right to review prices even after a transaction has been completed. If a price has been displayed in error, the user will be entitlted to a refund and cancellation or to re-order at the correct price.
7.2 Our quotations will, in the case of all cable and steel products, lapse after 7 days. In all other cases our quotations will lapse after 30 days.
7.3 Unless otherwise stated, the price quoted includes delivery within our normal delivery area during standard delivery hours (which are 8:00 am to 5:00 pm Monday to Friday excluding public holidays).
7.4 Business customers only: unless otherwise stated, the price quoted to you is an illustrative estimate only and the price charged will be our price current at the time of delivery.
7.5 Business customers only: rates of tax and duties on the Products will be those applying at the time of delivery.
7.6 Business customers only: at any time before delivery we may adjust the price to reflect any increase in our costs of supplying the Products.
7.7 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced.
7.8 Payment for all Products must be by credit or debit card unless agreed otherwise. We accept all major credit and debit cards.
8.1 We warrant that the Products are free from material defects at the time of delivery (as long as you comply with clause 8.4).
8.2 Business customers only: we give no other warranty (and exclude any warranty, term or condition that would otherwise be implied) as to the quality of the Products or their fitness for any purpose.
8.3 Consumers only: the warranty in clause 8.1 is in addition to your statutory rights and the following limitations of liability are subject to such statutory rights.
8.4 If you believe that we have delivered Products which are defective in material or workmanship, you must:
8.4.1. inform us (in writing), with full details within 3 working days; and
8.4.2. allow us to investigate (we may need access to your premises and product samples).
8.5 If the Products are found to be defective in material or workmanship (following our investigations), and you have complied with the conditions (in clause 8.4) in full, we will (at our option), repair the Products, replace the Products or refund the price.
8.6 We are not liable for any other loss or damage arising from the contract or the supply of the Products or their use, even if we are negligent, including but not limited to;
8.6.1. direct financial loss, loss of profits or loss of use; and
8.6.2. indirect or consequential loss.
8.7 Our total liability to you (from one single cause) for damage to property caused by our negligence is limited to £10,000,000.
8.8 For all other liabilities not referred to elsewhere in these terms our liability is limited in damages to the price of the Products.
8.9 Nothing in these Terms restricts or limits our liability for death or personal injury resulting from negligence.
8.10 Nothing in these terms affects or limits our liability for fraudulent misrepresentation.
9. Return of the products
9.1 Other than under clause 4, under no circumstances may Products supplied by us be returned without our prior written consent. Such consent will only be provided by us if you provide an advice note stating the reason for the return together with the invoice reference number and date of invoice.
9.2 Should you provide such an advice note as referred to in clause 9.1 then our written consent will be provided in the form of a collection note. Under no circumstances may Products be returned without the issue of a collection note by us. Any collection note issued does not constitute an agreement to raise a credit note for the Products in question.
9.3 All Products returned must be securely packed and unless we have arranged collection, consigned carriage must be paid by the customer.
9.4 Should we be required to raise a credit note for Products which are returned, we reserve the right to levy a handling charge which dependant upon the circumstances of the return may be up to 25% of the total invoice amount.
9.5 Products which have been supplied by us to special requirements will not be returned for credit under any circumstances, unless found to be defective when delivered.
10. Written communications
You accept that communication with us will be mainly electronic. We may contact you by e-mail or provide you with information by posting notices on our Websites. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be signed by you and in writing and sent to Medlock Electrical Distributors Limited at 109-115 Eleanor Cross Road, Waltham Cross, Hertfordshire, EN8 7NT. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 10 above. Notice will be deemed received and properly served immediately when posted on our Websites, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. Service by fax is not accepted.
12. Transfer of rights and obligations
12.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
12.2 You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent.
12.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.
13. Events outside our control
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (Force Majeure Event).
13.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
13.2.1. strikes, lock-outs or other industrial action;
13.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
13.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
13.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
13.2.5. impossibility of the use of public or private telecommunications networks; and
13.2.6. the acts, decrees, legislation, regulations or restrictions of any government.
13.3 Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
14.1 If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
14.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
14.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 11 above.
If any of these Terms or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
16. Entire agreement
16.1 These Terms constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
16.2 We each acknowledge that, in entering into a contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these Terms.
16.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in the Terms (whether made innocently or negligently) will be for breach of contract.
16.4 Nothing in this clause limits or excludes any liability for fraud.
16.5 The only statements upon which you may rely in making the contract with us are those made in writing by someone who is (or whom you reasonably believe to be) our authorised representative and either:
16.5.1. contained in our estimate (or any covering letter) and not withdrawn before the contract is made; or
16.5.2. which expressly state that you may rely on them when entering into the contract.
17. Our right to vary these terms
17.1 We have the right to revise and amend these Terms.
17.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before delivery of the Product (in which case we have the right to assume that you have accepted the change to the Terms, unless you notify us to the contrary within seven working days of receipt by you of the Products).
18. THIRD PARTY RIGHTS
No contract will create any rights enforceable (by virtue of the Contracts (Rights of Third Parties) Act 1999) by any person not identified as buyer or seller.
19. TRANSFER OF INFORMATION
We may transfer personal information about you to those we may appoint to administer your account or recover amounts owing, which may include, for example, passing information about you to our insurers, debt recovery agents and solicitors, if you fail to pay us.
20. Law and jurisdiction
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.