Miller Europe - Terms & Conditions
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General
Definitions
Quotations
Acceptance of orders
Orders placed on the web site
Colour variations
Sizes
Continuity
Costs
Terms of payment
Delivery
Claims Policy
Environmental Issues
General conditions
1. Prices
2. Validity
3. Despatch
4. Drawings, Pictures etc.
5. Damage in transit
6. Incorrect goods
7. Returns
8. Undertaking
9. Guarantee
10. Liability
11. Cancellations of bespoke order
12. Abortive deliveries
13. Arbitration
14. Materials
15. Reservation of title
16. Patents and trade marks
17. Severance
18. Jurisdiction
Terms and conditions
A complete set of Terms and Conditions is available for download from the website, in PDF format.
General
The following terms and conditions apply to all transactions. The placing of an order indicates your acceptance of these terms and conditions. Please read them carefully and print a copy for future reference. These terms and conditions do not affect your statutory rights.
Definitions
"You the Customer" (buyer) a person or company buying or using Miller Europe or supplied third party products or services. "Miller Europe" (us, our, we, seller, company). "Product" (goods) as described in order acknowledgement, may include third party products. "In writing" a communication by courier, post, fax or e-mail. "Manufactured" goods that have been assembled built or created.
Quotations
Quotations are only valid in writing and for the period that they state. If un-stated, the period is 30 days.
Acceptance of orders
Orders are accepted subject only to these terms and conditions. In the event of customers` orders containing conditions, such conditions are only binding in so far as they are not inconsistent with our terms and conditions.
Non-acceptance of an order may be a result of one of the following:
The product you ordered is unavailable from stock or has been discontinued.
We are unable to obtain authorisation for your payment.
There is a pricing or product description error either in our, or third party, printed literature, on our web site or in other communication.
There is a discrepancy in the information you have provided
If there are any problems with your order, you will be contacted by our Customer Services Representatives.
We reserve the right to reject any offer to purchase by you at any time.
Orders placed on the web site
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Web site.
Colour variations
Whilst every effort is made to ensure parity of colour, we do not guarantee an exact colour match to any description or picture on the web site in our literature, within the same manufactured batch or to match a previous delivery except where the buyer has provided the correct Pantone colour reference.
Continuity
In an attempt to ensure our products is using the best components and materials, we reserve the right to change, modify or improve products without prior written notice.
Sizes
Sizes (where quoted) are given as a guide only.
Costs
The costs for the products are indicated on the website including the transportation cost. The price of the products excludes VAT and this is clearly shown separately. Our VAT number is GB 597 0440 21 There are no additional or hidden costs. VAT is charged in all cases except where a customer is a VAT registered organisation within the European Union and provide Miller Europe with a valid VAT number. If after any transaction the VAT number offered is found to be invalid or in-correct Miller Europe reserves the right to charge the VAT plus and additional costs.
Terms of payment
Payment is to be made by the prescribed method in the website, to be paid when an order is placed. Payment can be made safely online.
Delivery
Delivery means delivery to the reception of the building at the specified place of delivery.
Products are manufactured to customer order therefore please allow the stated time for the product delivery. Each product is suitably packed and protected for transport. The place of delivery is stated in the order acknowledgement or invoice. Responsibility for the goods passes to the customer upon delivery, but title only passes when full payment has been received. Products are delivered to the delivery point. If for any reason your order is delayed you will be notified by email or SMS if the relevant information has been provided.
Claims Policy
If you experience any faults, damage or missing components, please notify us within 48hours at contact@millereurope.com and include your invoice number or delivery note number if possible. This will allow us to identify your product and take the appropriate remedial action without undue delay.
Please retain the packing materials to use for the return of the product if necessary.
A returns claim number will be issued for valid claims and should be inserted in the Returns Claim Form to be returned with the goods.
Environmental Issues
Miller Europe attempts to use only materials from naturally sustainable resources.
1. Prices
Acceptance of our quoted price includes the acceptance of the following terms and conditions. Terms and Conditions may change at our discretion.
Unless otherwise agreed in writing, all orders are executed subject to List prices and VAT ruling at the date of despatch and no price list of Miller Europe, whether published or not, shall affect our right to charge for the goods in accordance with this clause.
For orders paid for with credit cards you must provide us with your exact address and telephone number that your credit bank has on file for you if this is different from the delivery address. Your order will only be processed once authorisation of your credit card has been properly received and at such prices that prevail at that time.
We reserve the right to reject any credit card payment not approved by the verification process of the credit card issuer, complying with the most stringent verification methods.
We reserve the right to reject any credit World Pay payment not approved by the verification process of the issuer, complying with the most stringent verification methods.
Where applicable, Value Added Tax (VAT) will be charged at the rate applicable at the date of dispatch.
2. Validity
We reserve the right to make modifications to product components, design, construction, or fabric and leather covering or price and to withdraw any products quoted or contained within accepted orders without prior notification.
3. Despatch
The time given for the execution of the order shall be reckoned from the date on which we acknowledge your order along with the cleared funds which should include enough information to allow us to practically complete the order. We will use our best endeavours to despatch by the date(s) given, but will not accept any liability for failure to do so. Should despatch be hindered or delayed by your instructions or lack of instructions or by any cause whatsoever beyond our reasonable control (including strikes, lockouts, fire, accidents or defective materials) a reasonable extension of time shall be granted. In the event of work on the order being suspended by your instructions or lack of instructions, the contract price shall be increased to cover any expense incurred by us thereto.
4. Drawings, Pictures etc.
All illustrations, drawings etc., accompanying our quotation or contained in our catalogues, literature, price lists, web site, e-mails, newsletters or advertisements must be regarded as approximate representations only and are not binding in detail unless stated so to be in our quotation. All weights, measurements, capacities and other particulars of the goods offered by us are stated in good faith as being approximately correct, but small deviations there from shall not invalidate the contract or be made the basis of any claim against us. Errors and omissions are subject to correction.
5. Damage in transit
Should there be any damage to the delivered goods, details must be noted on the delivery documentation when signed for and it will be your responsibility to inform us immediately, but not later than within seven (7) working days. If in doubt, goods must be signed for as unchecked. Please retain the packing materials to use for the return of the product if necessary.
6. Incorrect goods
It is your responsibility to notify us of any incorrect goods supplied within two (2) days of delivery. If the items are not what you ordered, you must not open the packaging or use the product(s). A label clearly identifying the contents is on the packing.
7. Returns
Where products are bespoke and manufactured to the specification of the buyer no claims for returns are accepted unless they specifically relate to a failure in the manufacturing process or incorrect interpretation of any artwork supplied and approved. There are no exceptions to this condition.
Please do not return goods without contacting us in beforehand. A Returns Claims Number is required. This will be provided to you upon receipt and verification of your claim. The Number must be stated on the outer packaging and paperwork.
Please be aware that we will not refund the carriage paid on the original order, or the cost of returning the items to us. Goods must be returned in the original packaging together with any additional enclosures, such as protective materials and instructions. You must ensure that adequate packaging is used to return the goods. We reserve the right to reject any item(s) returned that do meet the criteria laid out above.
8. Undertaking
We will only be responsible for the capacity and performance of the goods supplied being sufficient and/or suitable for its purpose, provided you shall have given us full and accurate particulars of your requirements in this respect and of the conditions under which the goods will be required to operate.
9. Guarantee
Products are covered by a full 3 year guarantee from the date of purchase unless specifically stated otherwise subject to the conditions stated below. This guarantee applies to normal usage under commercial environment conditions. Where products are used under abnormal conditions or for abnormal purposes, this guarantee does not apply. The guarantee excludes damage caused by impact or misuse.
Should any fault develop in goods that we have supplied which in our opinion is due to faulty materials or workmanship, we undertake to renew or replace the defective parts without charge, providing the article is returned to our warehouse carriage paid.
All third party products supplied by us shall be covered by their respective manufacturers warranty or guarantee which may require that faulty or defective goods are returned directly to the manufacturer or supplier of those goods.
The warranty is transferable to future owners for the balance of the guarantee period subject to reasonable proof of the original purchase and transfer of the ownership.
The above terms do not affect the customer’s statutory rights.
10. Liability
Save and except as specially provided under the foregoing clauses, we accept no liability for any loss or damage consequential or otherwise attributed to our acts, defaults or failure to carry out the contracts. We carry Public Liability Insurance policies with substantial indemnity. We can only accept responsibility for personal injury and damage to property caused by our neglect or the negligence of our employees. We accept no liability to the buyer in respect of claims which may be brought against the buyer by third parties pursuant to Consumer Protection Act 1987 in respect of products produced or supplied by us.
We do not accept liability for 1) indirect or consequential loss, 2) loss of business profits, salary, revenue, savings, 3) damage remedied by us within reasonable time, 4) loss avoidable by you through reasonable conduct, including misuse or badly setup badges or product and following our reasonable advice generally, 5) all items excluded from the Guarantee or by Force Majeure.
Force Majeure
We are not liable for delays in performance (including delivery or service) caused by circumstances beyond our reasonable control and will be entitled to a time extension for performance; examples include strikes, supplier / transport / production problems, exchange fluctuations, governmental or regulatory action and natural disasters. If this lasts more than two (2) months, this Agreement may be terminated by either party without compensation.
11. Cancellations of bespoke order
Acceptance of cancellation of a bespoke order shall be at our discretion and in the event of a bespoke order cancellation being accepted by us there shall be made a cancellation charge of either 75% of the bespoke order value or the actual loss of expense to us arising from the cancellation, whichever may be the greater. Bespoke orders for badges due for delivery within seven (7) days cannot be cancelled as they will be complete.
Orders for bespoke products manufactured to meet specific supplied specifications, where special materials or other items have been obtained to meet the order can only be cancelled at our discretion. Any customer supplied materials for use with products that have already been used in any way as part of the manufacturing process at the time of cancellation cannot be returned and is deemed to become our property to be disposed of as we see fit.
12. Abortive deliveries
In the event of goods being delivered but not accepted for any reason beyond our control, a charge shall be made. Such charge shall be either 10% of the order value prior to deduction of any discount but no less than the actual loss incurred to Miller Europe, including storage and re-delivery, whichever may be the greater.
13. Arbitration
Should a dispute arise between Miller Europe and a customer that cannot be settled to the mutual satisfaction of both parties, Miller Europe will abide by the decision of a mutually acceptable arbitration body.
The submission shall be deemed to be a submission to arbitration within the meaning of the Arbitration Act, 1950 (and the Arbitration (Scotland) Act 1894) or any statutory modification thereof. Work under the contract shall, so far as may be reasonably practicable, continue during the Arbitration proceedings, and no payments which may or shall become due shall be withheld on account of such proceedings.
14. Materials
We reserve the right to amend, without notice, the specification of materials used in the manufacture of our products as a result of changes in the supply position, and to improve or change the specification.
15. Reservation of title
(a) Neither legal nor equitable property in the goods shall pass to the buyer until the seller has received payment in full for such goods. The buyer acknowledges that until such payment in full has been made the buyer holds the goods as bailee by the seller.
(b) Risk in the goods shall pass to the buyer upon delivery thereof and the buyer shall store the goods separately by consignment.
(c) If, notwithstanding the foregoing, the buyer is in default of payment of any part of the purchase price or shall, before the whole of the purchase price has been paid, go into liquidation or be wound up or have a receiver appointed, then the seller may without prejudice to any other rights or remedies available be entitled to recover possession of the goods and sell the same, retain all monies received on account of the purchase price and account to the buyer for the balance if any.
(d) The buyer undertakes to place whole amount of the proceeds of sale of the goods into a separate bank account, or trust for the seller, the buyer having the right to withdraw the excess of such sale proceeds over the amount due from time to time to the seller on written notice thereto.
16. Patents and trade marks
All third party trademarks and copyrights are duly acknowledged and reserved.
17. Severance
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
18. Jurisdiction
English law and the exclusive court jurisdiction of the English courts will apply to these Terms and Conditions.
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