MULTITEX CORP STANDARD TERMS & CONDITIONS OF SALE (“this agreement”)
Last updated: April 2018

In this Agreement,

the “Customer” means any person who places an Order with MultiTex Corp (either as a private consumer or as a business);

the “Goods”
means any items sold or supplied by MultiTex Corp under an Order;

MultiTex Corp is a company incorporated in England with company number 07120532 and a registered address at Unit 1 Eden Street, Coventry, West Midlands, CV6 5HE, United Kingdom VAT number: 984 5662 68

“Order”
means any request or order (via phone, web order (excluding Ebay or Amazon) or mail order) to purchase the Goods, and;

the “Parties”
refers to the Customer and MultiTex Corp

1. Validity

1.1 This Agreement is the only form of contract between the Parties and any Customer terms and conditions will not apply unless expressly agreed in writing. By submitting an Order, the Customer agrees to apply the terms and conditions of this Agreement in priority over any other agreement between the Parties except previously agreed MultiTex Corp Credit Account terms and conditions, which, where conflict arises, take precedence over this Agreement.

1.2 Any Order is subject to acceptance by MultiTex Corp. MultiTex Corp is not obliged to accept any Order or to justify refusal of the same. Receipt of payment for Goods by MultiTex Corp does not in itself constitute acceptance by MultiTex Corp of the Order.

1.3 MultiTex Corp may vary the terms and conditions of this Agreement from time to time by publishing new terms and conditions on the MultiTex Corp website or catalogue.

2. Goods being Sold

2.1 Descriptions and specifications for the Goods are set out on the MultiTex Corp website at the time of the Order or the MultiTex Corp catalogue from which the Order is placed provided the catalogue is current at the time of the Order.

2.2 Goods ordered in a specific colour, pattern or design are sold subject to stock availability and MultiTex Corp may substitute the Goods with newer items or items of comparable or better quality, alternative colour, pattern or design with the Customer’s approval.

2.3 If any Goods are unavailable or out of stock then MultiTex Corp may cancel the Order in whole or in part and refund any monies paid or issue a credit note. Alternatively, MultiTex Corp may vary the Order with the Customer’s approval.

2.4 Customers placing Orders for age-restricted goods such as solvents and knives confirm that they are over 18 years of age and that delivery will be accepted by a person over 18 years of age.

3. Terms of Payment and Payment Methods

3.1 The Goods shall be payable at the prices listed on the MultiTex Corp website at the time of the Order or the MultiTex Corp catalogue from which the Order is placed, provided the catalogue is current. MultiTex Corp reserves the right to update prices on the MultiTex Corp website or in future MultiTex Corp catalogues from time to time. Occasionally, prices advertised on the MultiTex Corp website may differ from prices advertised in the MultiTex Corp catalogue and MultiTex Corp is under no obligation to honour the price on the website if the order is placed through the catalogue. A delivery and/or insurance charge may be payable in addition to the price of the Goods. All prices are quoted in British Pound Sterling.

3.2 Unless otherwise stated, all prices quoted exclude Value Added Tax (“VAT”). Any such VAT shall be charged in accordance with the relevant regulations in force at the time of the Order.

3.3 Occasionally, an error may cause the price/description published or advertised for Goods to be incorrect, in which case MultiTex Corp shall be under no obligation to honour the incorrect price or Order.

3.4 Payment for Goods and Delivery may be made by any of the options listed on the MultiTex Corp website or catalogue. Cheques and cash usually require a minimum of 6 working days to clear and the Customer account, order or quote number MUST be referenced with payment. MultiTex Corp reserves the right to withhold or refuse further shipments of Goods until all overdue accounts are settled. Any payments returned unpaid by a bank will be subject to an administration fee of £25.

3.5 MultiTex Corp reserves the right to charge interest at 8% above the base lending rate of the Bank of England calculated monthly on late or overdue payments by the Customer.

3.6 All Orders may be subject to further credit or security checks.

4. Delivery

4.1 Full delivery prices and options are listed on the MultiTex Corp website or catalogue and are subject to change from time to time.

4.2 Standard Delivery will be sent for ‘next day delivery’ within the UK mainland subject to an Order (with the relevant delivery charge) being accepted by MultiTex Corp before 4.00pm on a working day (a working day is a day other than weekends and bank/public holidays) and provided no additional security checks are required and the Goods are available. If the Order cannot be delivered ‘next day’, then delivery will usually be completed within 5 days. This applies to pallet deliveries, deliveries to remote UK postcodes, isles off UK mainland and European countries.

4.3 Offshore/remote deliveries will usually be dispatched as soon as possible however the actual delivery time cannot be guaranteed and will vary depending on the delivery location.

4.4 MultiTex Corp will use reasonable endeavors to meet delivery estimates in all cases; however, MultiTex Corp cannot be held liable for any loss or damage due to delay in delivery.

Deliveries are made Monday to Friday and are not time-specific.

A signature is required for all deliveries. It is your responsibility to be available to receive the order you have placed.

After a failed delivery attempt, the goods may be returned to MultiTex Corp by the courier. If this is so you will be responsible for the associated delivery and return costs. This is currently £15 + VAT up to 20kg plus 20p per kg thereafter. This amount will be deducted from the refund once the goods are received back at MultiTex Corp.

All deliveries are not time specific and nor can we give an estimated time of arrival.

All orders are sent by carrier on next-day carriage, but this service is not guaranteed.

Responsibility for ownership of the goods passes to the purchaser once we have delivered them.

Unless otherwise advised, delivery will be made by a fully-insured courier service, within normal business hours. Damages/shortages must be notified within 3 working days of delivery. This does not affect your statutory rights.

Deliveries are made to ground floor only with direct access. We unfortunately cannot deliver to flats that are not on the ground floor or addresses with complex gate entry systems.

MultiTex Corp cannot be held responsible for any costs associated with failed deliveries.

4.5 Risk in the Goods transfers to the Customer at the time of delivery but title will not pass until payment has been made in full for the Goods in question.

4.6 Goods delivered are used, stored and installed at the Customer’s own risk and MultiTex Corp will not be liable for any damage, loss or disruption caused by the same.

4.7 All Goods are delivered to the front door of ground floor locations only. The delivery person/driver may at his/her discretion assist with delivering the Goods to a location within the premises nominated by the Customer, at the Customer’s sole risk.

5. Warranties and Returns

5.1 Goods sold in the UK mainland may be returned for a refund, exchange or replacement within 30 days, provided they are returned unused, in a saleable condition and in their original packaging. Goods that have been opened, marked/soiled, damaged or used will only be entitled to a partial refund (not exceeding 60% of the purchase price) after assessment by MultiTex Corp. Goods deemed non-saleable will not be refunded and will only be returned at the Customer’s cost. Certain last-in-line or special-to-order Goods may also be non-returnable and will be flagged accordingly on the MultiTex Corp website or catalogue. The carriage cost of returns may be refunded in whole or in part to the Customer at MultiTex Corp discretion.

5.2 Goods are guaranteed against defects in accordance with the terms of the manufacturer’s warranty or for 1 year from delivery unless otherwise stated. Goods reported faulty within the specified warranty period may be repaired, replaced or exchanged at MultiTex Corp discretion. Parts and labour under this warranty are guaranteed in the UK mainland only.

5.3 Goods that are damaged due to delivery must be reported to MultiTex Corp within 24 hours. Goods that are missing from delivery must be reported to MultiTex Corp within 7 days from delivery.

5.4 Statutory rights for Customers placing Orders as private consumers (as defined by law) are not affected.

6. Termination

6.1 MultiTex Corp reserves the right, by notice to the Customer, to cancel or suspend any Order where payment has not been received in accordance with Clause 3 of this Agreement.

6.2 MultiTex Corp reserves the right to cancel any Order and/or terminate this Agreement if the Customer cannot pay its debts or becomes bankrupt or has a winding-up order made or appoints an Administrator, Liquidator, Receiver or similar is appointed over the whole or a substantial part of the assets and undertaking of the Customer.

6.3 MultiTex Corp reserves the right to suspend or terminate performance of this Agreement where delivery or supply of the Goods and/or performance of this Agreement is affected by reasons out of MultiTex Corp reasonable control such as force majeure, act of God, adverse weather and government intervention, sanction or legislation.

6.4 MultiTex Corp reserves the right to cancel any Order where it is reasonably suspected that the Customer is not legally permitted to purchase any Goods specified in the Order.

7. Limitation of Liability

7.1 The Customer agrees that MultiTex Corp will not be liable for any losses or damage suffered by the Customer, including but not limited to damage to neighbouring or connected items or premises, consequential loss, loss of business, business interruption or loss of time due to the use or purchase of the Goods by the Customer. MultiTex Corp will not be liable for any additional damage caused by the Customer’s failure to report a fault or defect in good time or failure to provide reasonable access to the Goods for repairs, service or engineer visits. Nothing in this Agreement shall exclude MultiTex Corp statutory liability for injury or death.

7.2 Goods sold are not insured for delivery unless otherwise confirmed by MultiTex Corp.

8. Intellectual Property Rights and Confidentiality

8.1 Goods sold or supplied by MultiTex Corp may be subject to copyright (whether owned by MultiTex Corp or a third party) and the Customer covenants not to breach, infringe or prejudice any intellectual property and copyright associated with the Goods without approval. The Customer agrees to indemnify and hold MultiTex Corp harmless for any breach of said covenant.

8.2 The Customer’s data protection and privacy rights under this Agreement are set out in MultiTex Corp privacy policy (available on the MultiTex Corp website).

9. Jurisdiction

9.1 This Agreement is governed by English law and the Parties shall be subject to the exclusive jurisdiction of the English courts.

9.2 Any right or obligation contained in this Agreement shall be distinct and severable and if one or more of the same are declared invalid, illegal, void or unenforceable then the remainder shall continue in force and effect to the fullest extent permissible by law.