Terms & Conditions

PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE. BY PLACING AN ORDER WITH M-R SYSTEMS YOU AGREE TO THESE TERMS.

Format of the contract

These terms of sale apply to all goods supplied by M-R Systems, whose office is at 55 London Road, New Balderton, Newark, NG24 3AG (the “Supplier”).

 No contract exists between you and the Supplier for the sale of any goods until the Supplier has received and accepted your order and the Supplier has received payment in full (in cleared funds).

 By way of clarification, an acknowledgement of your order will be sent to you via e-mail when you place your order, but acceptance of your offer to buy the goods will not take place until after your payment is received and your order has been dispatched or collected. However, we do have the right to terminate the order in the event that the goods are unavailable, miss-priced or payment is not received.

The contract is subject to your right of cancellation (see clause 7).

The Supplier may change these terms of sale without notice to you in relation to future sales.

M-R Systems gives no assurance as to the mutual compatibility of components sold on any single invoice. It is the responsibility of the buyer to ensure that the goods purchased are suitable for the purpose intended.

Description and price of the goods

The description and price of the goods you order will be as shown on the Supplier’s website at the time you place your order.

The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, the Supplier will inform you as soon as possible and refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.

Every effort is made to ensure that prices shown on the Supplier`s website are accurate at the time you place your order.

In addition to the price, you may be required to pay a delivery charge for the goods.

Payment

Payment for the goods and delivery charges can be made by any method shown on the Supplier`s website at the time you place your order. Payment shall be due before the delivery date and time for payment shall be a fundamental term of this agreement, breach of which shall entitle the Supplier to terminate the order immediately.

There will be no delivery until cleared funds are received, unless the buyer has an account facility.

The Company reserves the right to charges for any of the following services when requested by the buyer:

Inspection of any piece of computer equipment and installation / replacement of either software or hardware – Diagnosis and testing of any problems encountered with any piece of hardware or software, Recovery of any hardware or software problems and backup of any data when requested by the customer.

Credit notes must be used within six months of the date they are issued. Any credit notes over six months old are invalid.

Delivery

The goods you order will be delivered to the address you give when you place your order, except that some deliveries are not made outside the United Kingdom. For first orders and security we may deliver only to the card holders billing address.

Orders placed will be delivered as per the requested delivery option provided no additional security checks are required and all stock items are available. (A working day is any day other than weekends and bank or other public holidays.)

If delivery cannot be made to your address for reasons under the Supplier`s control the Supplier will inform you as soon as possible.

If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations the Supplier shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods and carriage. The cost of the return carriage shall be deducted from the refund/credit. On exercising your right to cancel you shall be required to return the goods to the Supplier. Should you fail to return the goods, the Supplier reserves the right to deduct any direct costs incurred by the Supplier in retrieving the goods as a result of such failure.

Should you require the goods to be redirected to another address after the goods have been dispatched you may be required to pay an additional shipping charge.

Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, the Supplier will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, the Supplier will inform you as soon as possible.

Upon receipt of your order you will be asked to sign for the goods received in good condition. If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as “UNCHECKED”.

Whilst every effort shall be made to keep any delivery date, time of delivery shall not be of the essence. The Company shall not be liable for any consequential loss incurred by the buyer or any other person or company arising directly or indirectly out of any failure to meet any estimated delivery date.

Unless you have exercised your rights under Cancellations any refused deliveries/non delivery will be returned to the supplier. Upon receipt of the goods with the supplier a refund will be issued less an administration charge.

Title for Business Customers

If you are a business customer until ownership of the goods has passed to you, you must:

store the goods (at no cost to the Supplier) separately from all your other goods and goods of any third party in such a way that they remain readily identifiable as the Supplier`s property;

not destroy, deface or obscure any identifying mark or packaging on or relating to the goods; maintain the goods in satisfactory condition and keep them insured on the Supplier`s behalf for their full price against all risks to the reasonable satisfaction of the Supplier. On request you shall produce the policy of insurance to the Supplier; and

hold the proceeds of the insurance referred to in condition 6.1.2 on trust for the Supplier and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.

If you are a business customer your right to possession of the goods shall terminate immediately if:

you have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency; or

you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you or you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade; or

you encumber or in any way charge any of the goods.

Business customers are exempt from returning items within 7 days under the distance selling act.

Risk/Title Trade Customer

The goods are at your risk from the time of delivery.

Ownership of the goods shall not pass to you until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of: the goods, and all other sums which are or which become due to the Supplier from you on any account.

The Supplier shall be entitled to recover payment for the goods even though ownership of any of the goods has not passed from the Supplier.

Your right of cancellation This Clause does not apply to Businesses

You have the right to cancel the contract at any time up to 7 days commencing the day the goods are received

To exercise your right of cancellation, you must give written notice to the Supplier by hand, post or email to sales@m-rsystems.co.uk , giving details of the goods ordered and (where appropriate) their delivery. Notification by phone is not sufficient.

You must take reasonable care and we ask that you return the goods in their original packaging.

Except in the case of faulty or mis described goods, if you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to the Supplier at your own cost. The goods must be returned to the address shown within the Contact Us section of the website. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit.

Once you have notified the Supplier that you are cancelling the contract, the Supplier will refund or re-credit you within 30 days for any sum that has been paid by you for the goods and carriage so long as the goods have been returned to the supplier undamaged.

Except in the case of faulty or miss-described goods, if you do not return the goods as required, the Supplier may charge you a sum not exceeding the direct costs of recovering the goods.

You do not have the right to cancel the contract if the order is for computer software which has been unsealed by you, or for consumable goods which, by their nature, cannot be returned or customized goods.

Warranty

All goods supplied by the Supplier are warranted free from defects for 12 months from the date of invoice. This warranty does not affect your statutory rights as a consumer.

This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Supplier, failure to follow the Supplier`s or manufacturers instructions, or any alteration or repair carried out without the Supplier`s approval.

If the goods supplied to you are damaged or any item missing/incomplete on delivery, you must notify the Supplier within 7 days.

If the goods supplied to you develop a defect while under warranty, you should notify the Supplier as soon as possible, but in any event within 14 days of the date you discovered or ought to have discovered the damage, defect or complaint.

It is the responsibility of the buyer to return and collect goods to / from the Supplier`s premises. (See definition for The Company). Unless pre-arrangements have been made to deliver the goods, which maybe chargeable. Any items which are returned under the warranty and are found to be in a working condition will be charged a minimum testing fee, please ask for details. No goods shall be returned without payment of these charges.

Where goods are supplied in component form, Warranty will only be honoured providing the goods are returned in component form with individual fault reports. It is the responsibility of the buyer to identify what component(s) is faulty. Some items may require third party driver updates not supplied within the original purchase. Normal hourly rates apply for any additional Support. In some circumstances the seller may refer the buyer to a third party for technical and warranty support.

Where a replacement is offered this will be as close to the original specification or above.

The supplier will only provide warranty support to the original buyer. Should the buyer pass the goods onto a third party, the seller will provide no warranty support to the third party whatsoever and as such all issues must be addressed via the original buyer.

In the case of storage items, which require replacement, these shall be to the same capacity or higher and not necessarily of the same manufacturer.

If a faulty item is to be repaired under warranty then the supplier may take a reasonable time to affect such repair, which may include the time taken to return it to the original manufacturer. Where the goods are supplied by the seller to the buyer for the purposes of, or in connection with, a business, the buyer shall take such steps as are reasonable to mitigate any loss arising from any malfunction of the goods supplied (including but not restricted to: adequate insurance cover, backup systems and data recover). Should the buyer instruct a third party to carry out such repairs/replacements the seller shall not be liable for any costs that maybe incurred by the buyer. Unless prior written approval has been given by the seller.

The Buyer shall take all reasonable and necessary precautions to back-up data; the Supplier shall not be liable for any loss resulting from equipment failure or for the Buyers failure to take such reasonable and necessary precautions.

The buyer shall take necessary Anti-Static precautions when handling any electronic component. Any damage as a result of improper handling will void any warranty. If the Buyer is any doubt as to the handling procedures he must seek advice from the Supplier before caring out any installation.

After Sales Service.

Our offices are open between 9.00am and 5.30pm Monday to Friday. The technical department is not available on weekends. The technical department can only be contacted by e-mail or letter. Please send e-mails to support@m-rsystems.co.uk. You must include your invoice number in your e-mail/letter, without this information your request will not be responded to. If the buyer believes the goods to be faulty, the goods should be returned to the seller together with a completed Returns form and copy of proof of purchase showing the serial number of the product being returned. The Returns form can be found on the reverse of the Terms & Conditions, further copies can be obtained from the Sellers website under After Sales. Your attention is drawn to clause 9.3 and 9.4. The Buyer shall produce the appropriate proof of purchase before any after sales service can be offered.

The goods shall be returned to the Seller, sufficiently packaged so as to avoid damage in transit and observing anti-static precautions, if the Buyer is any doubt as to the handling procedures he must seek advice from the Supplier before returning the item. This must be followed even where buyer claims the item to be faulty to avoid further damage. Software, accessories must be returned. An RMA form must be completed in full and signed by the buyer enclosing a copy of the proof of purchase. The Seller shall not be liable for loss or damage whilst in transit to the Seller’s address. The buyer shall take sufficient transit insurance to cover the value of the goods being returned. Item received without anti-static packaging when required will be rejected. The use of envelopes and jiffy bags for retuning hard drives, CPUs and other sensitive items is insufficient packaging. Items received in this manner will be rejected without testing. Please write your name, address and post code and the word “RMA” clearly on the outside of your package – failure to do so may result in your RMA being rejected.

If the Buyer returns the goods in person, these goods must be left with the Seller for testing. No goods shall be tested ‘on the spot’ whilst the customer waits. An RMA form must be completed in full and signed by the buyer and provide proof of purchase showing the serial number of the item being returned/ No goods can be left without proof of purchase.

Limitation of Liability

Subject to point After Sales Service. above, if you are a consumer the Supplier shall not be liable to you for any loss or damage in circumstances where:

there is no breach of a legal duty owed to you by the Supplier or by its employees or agents;

such loss or damage is not a reasonably foreseeable result of any such breach;

any increase in loss or damage resulting from breach by you of any term of this contract.

Nothing in these conditions excludes or limits the liability of the Supplier for death or personal injury caused by the Supplier´s negligence or fraudulent misrepresentation.

If you are a business customer the Supplier shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.

Returns Policy

The goods cannot be returned without proof of purchase showing the serial number of the product sold.

It is the customer’s responsibility to take reasonable care of the goods whilst in their possession. Company reserves the right to make a reasonable charge for restocking. This charge will vary according to the condition of the returned goods. The supplier has the right to refuse to accept the goods back for restocking.

If the buyer properly rejects any of the goods in accordance with the Distance Selling Regulations within 7 working days in writing, the buyer shall nonetheless be responsible for the return cost of the goods we recommend that this is returned by an insured means.

Data Protection

The Supplier will take all reasonable precautions to keep the details of your order and payment secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorised access to information supplied by you.

Images

Product images are for illustrative purposes only and may differ from the actual product.

These terms of sale and the supply of the goods will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from the contract, save that consumers resident in Scotland shall have the right to insist upon these terms being construed in accordance with the laws of Scotland and to submit to the jurisdiction of Scottish courts.

Rev: 011119