Terms & Conditions
STANDARD TERMS AND CONDITIONS FOR THE SALE OF GOODS OF emediates Ltd.
The emediates Ltd Terms and Conditions apply to the use of the emediates Ltd website. By accessing this Site and/or placing an order you thereby agree to be bound by the terms and conditions set out below.
In this document the following words shall have the following meanings:
'Buyer' means the organisation or person who buys Goods from the Seller;
'Goods' means the articles to be supplied to the Buyer by the Seller;
'Intellectual Property Rights' means all patents, registered and unregistered designs, copyright, trademarks, know-how and all other forms of intellectual property wherever in the world enforceable;
'List Price' means the selling price as stated in the price list is amended from time to time without notice;
'Seller' means emediates Ltd.
These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions referred to, offered or relied on by the Buyer whether in negotiation or at any stage in the dealings between the parties, including any standard or printed terms tendered by the Buyer, unless the Buyer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by the Seller in writing.
Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
PRICE AND PAYMENT
The price shall be that in the Seller's current List Price. The price is inclusive of VAT or any other applicable costs. Carriage shall be paid for by the Seller unless expressly stated as an addition to the price of the goods.
Payment of the price includes delivery to your door.
Full payment will be taken on date of order.
All items are carefully inspected and graded prior to being dispatched. Every attempt is made to ensure that descriptions of items are correct on the website at the time of publication but no responsibility is accepted by emediates Ltd for inaccurate and misleading imformation provided by the seller.
Care should be taken when handling the products. The safe use of the product is your responsibility and you accept that any loss or injury arising from use will be your responsibility.
We send out orders using a Courier Service.
We send standard orders out on a 3 day service. If you order more than 3 days in advance we dispatch 2 days prior to your preferred delivery date. Please remember that this is a preferred date and in a few cases we will require 1 extra day after your chosen date to make your delivery.
Our Courier normally delivers Monday-Friday 9am-5.30pm If your order has not arrived by 5.30pm on the chosen delivery date, please email emediates Ltd immediately that day with your tracking/order number at hand. All of our deliveries can be tracked using our track back system. We will commence track back procedure the next working day and we will keep your informed of developments at all times.
You, the customer, must let us know if your order has not been delivered within 5 working days of the required date. After 5 working days we cannot be held responsible for the non-delivery of your goods.
CANCELLATION AND REFUND PROCEDURE
If you wish to cancel your order, in accordance with the United Kingdom's Distance Selling Regulations, we require notice in writing by e-mail no less than 7 working days prior to your preferred delivery date. If you cancel your order in less than 7 working days then we may not be able to stop shipment and the return of the goods is the responsibility of you, the customer, who must take reasonable care of the goods. We do not accept responsibility for the return carriage. The customer will meet the cost of return delivery.
Any order for goods that is cancelled or changed within 5 days of due shipment will not be eligible for refund.
All goods returned must be accompanied with the original receipt as proof of purchase.
If you refuse to accept delivery of a item for any reason you will incur an administration charge of £15.00.
We can not offer any refund for items that arrive late.
We reserve the right to allow for the possibility of supplying substitute goods in the event of us not being able to supply the specific goods ordered. The substituted goods will be of equivalent quality and price to those ordered. If you are unhappy with the substitute goods we, emediates Ltd, will meet the return charge. We will contact you first if this unlikely event happens.
Risk in the Goods shall pass to the Buyer at the moment the Goods are received at the buyer's premises and or signed for by the Buyer.
Title in the Goods shall not pass to the Buyer until the Seller has been paid in full for the Goods.
USAGE OF GOODS SUPPLIED
Misuse, misapplication or abuse of any product supplied by emediates Ltd could be potentially dangerous and lead to personal injury of which emediates Ltd accepts no responsibility. If in doubt consult the manufacturer prior to use of any product. For warranty notes please see the section headed 'warranty' shown on this website.
emediates Ltd has made a sincere effort to describe as accurately as possible and illustrate the products in this website. However, illustrations, photos, descriptions and specifications are for the sole purpose of identification and do not express or imply a warranty that the products are merchantable, or fit for a particular purpose or application, or that the products will conform to the illustrations or descriptions stated. No warranty or affirmation of fact, express or implied, is made by emediates Ltd. Graphic illustrations and or photos are for decorative purpose and reference only and are not intended to imply function, application or purpose or any promotional considerations for vehicles described, stated or shown on the website and or catalogue.
LIMITATION OF LIABILITY
Where any court or arbitrator determines that any part of the liability clause, for whatever reason, unenforceable, the Seller shall be liable for all loss or damage suffered by the Buyer but in an amount not exceeding the contract price.
Nothing contained in these Terms and Conditions shall be construed so as to limit or exclude the liability of the Seller for death or personal injury as a result of the Seller's negligence or that of its employees or agents.
INTELLECTUAL PROPERTY RIGHTS
All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of the Seller, and the Buyer shall do all that is reasonably necessary to ensure that such rights vest in the Seller by the execution of appropriate instruments or the making of agreements with third parties.
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 circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, 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 its obligations. If the delay persists for such time as the Seller considers unreasonable, it may, without liability on its part, terminate the contract.
RELATIONSHIP OF PARTIES
Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.
ASSIGNMENT AND SUB-CONTRACTING
The contract between the Buyer and Seller for the sale of Goods shall not be assigned or transferred, nor the performance of any obligation sub-contracted, in either case by the Buyer, without the prior written consent of the Seller.
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.
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 severed 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.
GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.