Terms and Conditions of Sale
This page tells you about the Terms and Conditions under which Maxey Moverley Ltd supplies any of the goods available through our website. All agreements shall be in accordance with English Law and supersedes any previous agreement between the buyer and the seller. The placing of an order shall include acceptance of the following terms and conditions. Only our terms shall apply and shall not be deemed as forming part of any other contract.
- About us
www.maxeymoverley.com is a website owned and operated by Maxey Moverley Ltd. We are registered in England and Wales under company number 03279540 and our registered office is located at 6 Broad Ground Road, Lakeside, Redditch, Worcestershire, B98 8YP. Our VAT number is 687700111.
We are able to accept payment in Pound Sterling (GBP), Euro (Eur) and US Dollar (USD), please select the relevant currency from the currency selector in the menu. Our Euro and Dollar rates are based on a conversion from GBP, and are therefore subject to change.
The total cost of your order will be the price of the products you order, the delivery charge, plus any additional services you choose e.g. special delivery or installation in addition to the relevant VAT. You will see any additional items such as these in your Shopping Basket before you submit an order. Payment is deducted once an order is submitted.
Prices are liable to change at any time, but changes will not affect orders which we have already accepted. Our site contains a large number of Goods and it is always possible that, despite our best efforts, some of the Goods listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where the correct price of the Goods is less than our stated price we will charge the lower amount when dispatching the Goods to you. If the correct price of the Goods is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Goods, or reject your order and notify you of such rejection.
We are under no obligation to provide the Goods to you at the incorrect (lower) price, even after we have accepted your order, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing.
If we identify a transaction as being potentially fraudulent we reserve the right to return the goods to our site and we may cancel your order even though you will have received the Order Confirmation email.
If you purchase Goods from outside the United Kingdom, currency fluctuations and credit card charges may make a difference to the amount billed to your credit or debit card.
- All web sales are up-front payment via one of our recognised payment options. These are subject to change; please see Sagepay for full details.
- Non-credit account customers must pay prior to despatch by credit/debit card or bank transfer.
- Credit account payment terms are strictly 30 days from the end of the month of despatch unless agreed otherwise in writing.
- Customers must notify us of any invoice or delivery note discrepancy within 7 days of receipt to enable corrective action to be taken as soon as practicably possible.
- If payment is not made within the period provided in paragraph 3(b) then we may retain items subsequently received for repair until such time as the account has been settled. If the account has not been settled within 90 days then we reserve the right without further reference to the Customer to sell any items retained under this paragraph in full or part (as the case may be) payment of all sums owing to us. If any balance remains following such a sale it will be returned to the Customer.
- Order confirmation
Once an order is submitted you will be given an Order Reference Number and details of the products (and/or services) you have ordered. You’ll then receive an email from Sagepay to confirm payment of your order. This will be followed by a “Thank You for your Order” email from Maxey Moverley, giving full details of your order. Please note that this does not mean that your order has been accepted by us. Your order constitutes an offer to us to buy Goods. All orders are subject to acceptance by us; we reserve the right to reject an order, reasons for rejection may include (but are not limited to) errors in price, description or if the product is obsolete/no longer available.
If we choose to cancel an order we shall, notify you by email of the reason and refund you in full any amount paid by reversing the transaction. The contract between us (Contract) will only be formed when we send you our “Order Completed” Email, notifying you that your goods have been dispatched.
We take all reasonable steps to ensure all details, descriptions and prices of products and services are correct at the time the information was entered onto the system. In exceptional circumstances if a stock out arises we may have to cancel your order at any time, even if you have received your Order Confirmation email, and you will receive a full refund of any charges already paid.
- Repair Cycle Time
- Unless agreed otherwise in writing before an order is placed, we shall use all reasonable endeavours to comply with the repair cycle time which is 10 (ten) working days, subject to parts being available. Repair cycle time is the period from the first working day after the book in date with a Purchase Order, or the next working day after receipt of a Purchase Order, whichever is sooner, until the date of despatch.
- Items received without an order shall be “quarantined” until details of the order are received from the Customer. Similarly, if there is an outstanding account with us then we may deal with the items in accordance with paragraph 3(d).
- If an item has to be held awaiting parts or if paragraph 6(b) applies, the Customer will be notified as soon as reasonably practicable.
- Return of Non-conforming Items
Where it is not possible to return an item in the condition which conforms to the order, Customer instructions will be requested. Where the unrepaired item is to be returned it shall be identified with a “Reject” label and accompanied by a Reject Report stating the reasons for rejection. Clause 2(c) will apply to any such item. Where the item is not to be returned it will be disposed of by Maxey Moverley in accordance with WEEE regulations, at no cost to the Customer.
- Dispatch and Delivery
Where orders are received before 3.00pm Monday to Friday we will endeavour to dispatch them on the same day. Where we have stock all orders will be dispatched within five working days, if there is any change to this will notify you in writing.
We use all reasonable endeavours to ensure that delivery is made around any delivery time advised, but delays to deliveries can occur for reasons which are beyond our control. Incorrect delivery address details may cause delays in delivery; you must ensure that you have included full delivery address details, including a complete and accurate postcode, daytime contact telephone numbers and an e-mail address so that we can notify you in the event of any prospective delay in delivering the Goods to you.
The Goods may be delivered by separate instalments. Each instalment shall be a separate Contract and no cancellation of any one Contract relating to an instalment shall entitle you to repudiate or cancel any other Contract or instalment.
- Loss in transit
All goods are packed to ensure safe carriage, and Maxey Moverley Ltd cannot accept responsibility for loss or damage in transit. Complaints of loss or damage must be notified to the carriers and to Maxey Moverley Ltd within 3 working days of the date of delivery; a claim must similarly be made within seven days of the date of delivery.
- Damaged, missing or incorrect orders
We recommend that you open and unpack your order as soon as it arrives. If you receive a damaged product please contact us as soon as the damage is discovered via the Contact Us facility on the Customer Services page.
We do everything we can to ensure your order arrives with you complete and in full working order. In the unlikely event that the product is faulty, please follow the instructions in the delivery documents.
- Returns/cancellations and after sales policy
If for whatever reason you change your mind and would like to return your order after delivery, we’re happy to refund or exchange your purchase as long as it’s unopened and in its original packaging. This option is available for 14 days after delivery.
Following The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations, we will accept items back even if you have opened the goods to inspect them. You are entitled to a refund as long as you inform us of your decision to cancel within 14 calendar days from the day after delivery of the goods. You can examine the goods as you would in a shop but to obtain a full refund you must not start using them, install them or input any data/software.
The goods must be in an ‘as new’ condition and returned in the original, undamaged packaging, along with any accessories received with them. If packaging is opened a product testing fee of £50.00 may be charged.
- Cancellation and refunds
- You can cancel your order via the Contact Us facility on the Customer Services page
- By phoning us on 01527 522299 with your order reference number and delivery details to hand
Once we have received the goods back from you, we will give you a refund for the cost of the product plus the delivery charge paid (except for the additional costs arising if you selected a type of delivery other than the least expensive type of standard delivery offered by us).
We may make a deduction from the refund for any loss in value of the goods if the loss is a result of any unnecessary handling by you.
Refunds take 3-5 working days to be credited to your payment card.
- Warranty Policy
- Maxey Moverley offers a range of warranties depending on the product type; these are listed against each product throughout the website.
- For new goods, we will offer to replace, repair or refund if a fault occurs within the warranty period detailed on the item description, replacements are subject to availability. In all cases we reserve the right to inspect the product and verify the fault.
- For Repairs our warranty covers the repair only, not the item itself. If the unit experiences a subsequent unrelated fault a full repair charge with be quoted to the Customer.
- If the customer believes an item is faulty, they must in the first instance call the Maxey Moverley Technical Helpline, quoting the reference number or serial number given in the corresponding delivery note. This will enable our engineers to help rectify issues with the installation and/ or integration of the item, reducing the prospect of the unit having to leave site.
- If, following the above, we advise the Customer to return the unit as a claimed warranty item, Maxey Moverley will generate an RMA number and await the delivery of the unit for inspection by the customer. A full fault report must be included with the returned item to allow the unit to be processed as a warranty, as well as the RMA number.
- If the above process is not followed and no fault is found with the item it will incur a £50.00 plus VAT processing charge.
- Where a warranty claim is accepted the unit will be repaired free of charge by Maxey Moverley wherever possible and returned to the customer as soon as practicably possible, but may include a prolonged soak test to ensure the item is in full working order. Maxey Moverley accepts no liability for any losses of any kind incurred as part of the returns/ Warranty process.
13. Suitability Of Product
We accept no responsibility that goods stipulated by you are sufficient for any particular purpose. Verbal instructions are accepted on the basis that Maxey Moverley Limited will not be held responsible for mistakes arising there from.
- Distance Selling Regulations
Under the UK Distance Selling Regulations, you have 7 working days (from the day after you receive your goods) to cancel the contract for your order with us. In this case we will issue you with a full refund however you will need to return the entire order at your own cost. In all cases, the goods must be in an unused and saleable condition with all labels attached and will be inspected on their return.
If you decide to cancel the contract for your order with Maxey Moverley Limited you must let us know in writing (email is acceptable), quoting your customer and order number.
In accordance with Maxey Moverley Limited policy of progressive improvement, we reserve the right to alter the specification and / or price or any article without prior notice without incurring any liability. All information and data given in company literature is subject to variation and is for general information only. All goods or services referred to on outstanding invoices due to Maxey Moverley Limited by the Buyer shall remain the absolute property of Maxey Moverley Limited until payment of all invoiced amounts have been received and cleared.
- Force Majeure
Maxey Moverley Limited shall not be liable to the Customer or deemed to be in breach of Contract by reason of any delay in performing, or any failure to perform, any obligations of Maxey Moverley Limited in relation to the Goods, provided that the delay or failure was due to any cause beyond reasonable control of Maxey Moverley Limited. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond reasonable control of Maxey Moverley Limited: Act of God, explosion, flood, tempest, fire or accident; war or threat of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of Maxey Moverley Limited or of a third party); difficulties in obtaining raw materials, labour, fuel, parts or machinery; power failure or breakdown in machinery.
- Limit of Liability
The Company’s liability shall be limited to the repair price quoted for each item and in no circumstances shall we be liable to you for loss of data or for loss of profit. No liability or responsibility whatsoever is accepted by us for any third party claims in relation to any items on which we have carried out any work. This exclusion does not apply to any claim for death or personal injury potentially caused by our negligence.
The construction validity and performance of these Terms and Conditions and any contract incorporating these Terms and Conditions shall be governed by the Laws of England and the English Courts shall have exclusive jurisdiction.