Terms and Conditions
Buyer – the person who buys or agrees to buy the goods from the Seller.
Conditions – the terms and conditions of sale as set out in this document and any special terms and conditions agreed in writing by the Seller.
Goods – the articles which the Buyer agrees to buy from the Seller.
Price – the price for the Goods, excluding VAT and any carriage, packaging and insurance costs.
Seller – MAE Development and Smart Trade Ltd
2.1 These Conditions shall form the basis of the contract between the Seller and the Buyer in relation to the sale of Goods, to the exclusion of all other terms and conditions including the Buyer’s standard conditions of purchase or any other conditions which the Buyer may purport to apply under any purchase order or confirmation of order or any other document.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods from the Seller pursuant to these Conditions.
2.3 Acceptance of delivery of the Goods shall be deemed to be conclusive evidence of the Buyer’s acceptance of these Conditions.
2.4 These Conditions may not be varied except by the written agreement of the Seller.
2.5 These Conditions represent the whole of the agreement between the Seller and the Buyer. They supersede any other conditions previously issued.
The Price shall be the price quoted on the Seller’s confirmation of order. The Price is exclusive of VAT which shall be due at the rate in force on the date of the Seller’s invoice.
4.1 Payment of the Price and VAT shall be due by return.
4.2 The Buyer shall pay all accounts in full and not exercise any rights of set-off or counter-claim against invoices submitted by the Seller.
The quantity and description of the Goods shall be as set out in the Seller’s confirmation of order.
The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller in the confirmation of order. Except where the Buyer is dealing as a consumer (as defined in section 12 of the Unfair Contract Terms Act 1977), all other warranties, conditions or terms relating to fitness for purpose, quality or condition of the Goods are excluded.
7. Delivery of the Goods
7.1 Delivery of the Goods shall be made to the address specified by the Buyer. The Buyer shall make all arrangements necessary to take delivery of the Goods.
7.2 The Seller undertakes to use its reasonable endeavours to despatch the Goods on an agreed delivery date, but does not guarantee to do so. Time of delivery shall not be of the essence of the contract.
7.3 The Seller shall not be liable to the Buyer for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the Goods. If short delivery does take place, the Buyer undertakes not to reject the Goods but to accept the Goods delivered as part performance of the contract.
7.4 If the Buyer fails to take delivery of the Goods on the agreed delivery date or, if no specific delivery date has been agreed, when the Goods are ready for despatch, the Seller shall be entitled to store and insure the Goods and to charge the Buyer the reasonable costs of so doing.
8. Acceptance of the Goods
8.1 The Buyer shall be deemed to have accepted the Goods 24 hours after delivery to the Buyer.
8.2 The Buyer shall carry out a thorough inspection of the Goods within 24 hours of delivery and shall give written notification to the Seller within 5 working days of delivery of the Goods of any defects which a reasonable examination would have revealed.
8.3 Where the Buyer has accepted, or has been deemed to have accepted, the Goods the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.
9. Title and risk
9.1 Risk shall pass on delivery of the Goods to the Buyer’s address.
9.2 Notwithstanding the earlier passing of risk, title in the Goods shall remain with the Seller and shall not pass to the Buyer until the amount due under the invoice for them (including interest and costs) has been paid in full.
9.3 Until title passes the Buyer shall hold the Goods as bailee for the Seller and shall store or mark them so that they can at all times be identified as the property of the Seller.
9.4 The Seller may at any time before title passes and without any liability to the Buyer:
9.4.1 repossess and dismantle and use or sell all or any of the Goods and by doing so terminate the Buyer’s right to use, sell or otherwise deal in them; and
9.4.2 for that purpose (or determining what if any Goods are held by the Buyer and inspecting them) enter any premises of or occupied by the Buyer.
9.5 The Seller may maintain an action for the price of any Goods notwithstanding that title in them has not passed to the Buyer.
10. Carriage of Goods
Carriage will be chargeable on all sales at the rate specified on the invoice.
11. UK Warranty and Returns
This Limited warranty is provided by MAE Development.
The Seller warrants functionality of the machine being the subject of delivery and provides all individuals with a 24-month warranty period and all legal entities and individuals doing business in accordance with their Trading Licence or other licence with a 12-month warranty period.
The warranty covers all defects and failures of the material.
Performance guarantee is subject to following the operating instructions and regular maintenance with no interference in the machine design. The Buyer doesn’t eliminate product defects which may occur within the warranty period. The Seller is to be notified of the defects and they will be eliminated by the Seller within the agreed period.
The warranty doesn’t cover natural wear and tear of the components or mechanical damage, inexpert installation or operation, presence of foreign bodies and natural disasters.
The Seller shall not be liable for damage and defects resulting from repairs and replacements of the machine parts that were not carried out in accordance with instructions specified in Operating Instructions, on Warning plates and in applicable safety regulations. Seller’s qualified personnel will repair the machine free of charge within the warranty period in response to the Buyer’s telephone call or written request.
The Seller warrants proper function of the machine delivered should the following conditions be met:
The warranty period commences on the date of the machine receipt in accordance with the date of purchase. Warranty repair services do not include repairs and replacements that result from:
- incorrect installation,
- ignoring the operating conditions and operating environment, improper usage,
- negligence and intentional damage to the machine,
- modifications or connections other than set forth in the Operating Instructions which have not been carried out and/or approved by the Manufacturer,
- usage of such equipment or accessories which the Manufacturer does not consider compatible with the machine,
- interference, modifications and dismantling the machine,
- interference in the machine wiring which causes its malfunction or damage,
- ignoring appropriate care of the machine in accordance with its Operating Instructions or Manufacturer’s guidelines.
If the Goods prove defective during the warranty period, the Seller will ask the Buyer to follow the instructions for returning the Goods, and the Seller will take one of the following actions:
- will replace the Goods with a product that is the same or equivalent to the Goods the Buyer purchased;
- will repair the Goods; or
- will supply a spare part to replace the defective part.
This limited warranty applies to any replacement Goods or part, or to any repair, for the remainder of the original warranty period or for 90 days from its dispatch, whichever period is longer. All parts and Goods the Buyer returns and for which the Seller gives a refund or replacement will become Seller’s property, and the Buyer agrees that any unexpired part of this warranty on the replaced or refunded Goods also transfers to the Seller. Failure to send the damaged Goods back to the Seller may result in the Buyer being charged for the replacement Goods at full retail price.
This limited warranty will not apply to any defect in the Goods arising from fair wear and tear, accident, misuse, negligence by you or any third party, fire or other external causes, alterations or repair, or use of the Goods in a way the Seller does not recommend.
How to Obtain Service
To obtain instructions on how to obtain service under this limited warranty, contact the Seller by phone or email. The Buyer will be given instructions for returning the defective Goods. If the Seller sends a replacement or repairs the Goods, the Seller will pay the cost of delivering the replacement or repaired Goods to the Buyer.
The Seller is not liable for losses resulting from any breach of warranty or other breach of contractual duties unless otherwise specified below.
Nothing in this limited warranty excludes or limits the Sellers liability for: (a) losses that are a foreseeable consequence of Seller’s breach of warranty or other breach of contractual duties; (b) death or personal injury caused by the Seller’s act or omission; and (c) losses arising from the Seller’s fraud. Nothing in this limited warranty will reduce Buyer’s statutory rights relating to faulty or misdescribed goods. For further information about Buyer’s statutory rights contact your local authority Trading Standards Department or Citizens’ Advice Bureau. This limited warranty gives the Buyer specific legal rights, and the Buyer may have other rights which vary from country to country.