Terms and Conditions

Thank you for choosing Nigel Rose (MS) Ltd.’s Website. By browsing, visiting or using this Website you agree to be bound by the following terms and conditions (including our general Terms of Business). Together with our Privacy Policy, these terms form our entire relationship in relation to this Website. The Company shall include references to “us”, Nigel Rose (MS) Ltd, “NRMS” or “we”. The term “the buyer” or “you” refers to the user or viewer of the Website.

General Conditions of Sale

These Conditions shall apply to a contract (“the Contract”) for the provision of goods by the Company

1. PRICE AND PAYMENT

1.1
The price of the goods shall be at the price ruling at the date of dispatch and shall exclude Value Added Tax.

1.2
The Company reserves the right to vary the price of the goods without giving prior notice to the buyer.

1.3
Where no other terms of payment have been specifically agreed in writing payment is to be made in full in cleared funds within 28 days from the last day of the month of the invoice (‘the Due Date’).

1.4
It is agreed that time is of the essence for making payment of the price under the Contract and all other sums due hereunder. If the buyer fails to make payment on the Due Date then without prejudice to any other right or remedy available to the Company, it shall be entitled to:

1.4.1 cancel the Contract and/or suspend any further deliveries to the buyer; and

1.4.2 charge the buyer interest (before and after any judgment) on the amount unpaid at the rate of 8% per annum above HSBC Bank Plc base rate from time to time until payment in full is made; or

1.4.3 charge interest to the buyer in accordance with the provisions of the Late Payment of Commercial Debts (Interest) Act 1998 (as amended)
2. DELIVERY AND RETURNS

2.1
Any dates quoted for delivery of the goods are approximate only and the Company shall not be liable for any loss suffered by the buyer arising from any delay in the delivery of the goods. If goods are in stock delivery will be next working day. If goods are not in stock delivery will be approximately 7-10 working day.


2.2
Carriage will be paid on all orders to England in excess of £100. Carriage will be charged on all other orders.

2.3
Delivery shall take place and risk shall pass to the buyer upon the earliest of the following:-
2.3.1 the Company handing the goods to the buyer or its agent at the Company’s premises, or
2.3.2 the goods leaving the Company’s premises, or
2.3.3 on the 7th day following notification to the buyer that the goods are ready for dispatch.

2.4
The buyer shall within 7 days of delivery notify the Company of any alleged defect damage or failure to comply with description. If the buyer shall fail to comply with these provisions the goods shall be conclusively presumed to be in accordance with the Contract free from any defect or damage and the buyer shall be deemed to have accepted the goods

2.5
The buyer shall be responsible for obtaining all necessary licenses and permissions for the import of the goods into the country of destination


2.6
Except Specials, goods which are to be returned must be notified to the Company as soon as reasonably practical. Returns shall only be accepted in the Company’s absolute discretion and a handling charge of 15% of the price shall be levied against any returns except where the Company has dispatched the goods incorrectly and the goods are returned to the Company in the same condition as they were dispatched. The buyer shall be responsible for all carriage charges relating to the returning product and any replacement. Please refer to our Returns Policy for full details.
3. SPECIALS

3.1 Specials are items which are not normally stocked by the Company or items which are subject to locksmith work such as keying alike, master keying and key cutting. Specials are subject to additional carriage charges and a delivery time up to 12 weeks from the date that they are ordered from the manufacturer. Specials may not be returned and once ordered cannot be cancelled or amended.
4. LIABILITY

4.1
The Company shall be under no liability in respect of any defects arising from the buyer’s negligence, abnormal conditions, failure to follow the manufacturer’s instructions, misuse, alteration or repair of the goods nor in relation to any delay or failure of delivery.

4.2
Except in respect of death or personal injury caused by the Company’s negligence the Company shall not be liable to the buyer by reason of any representation or any implied warranty condition or other term or any duty at common law or under the express terms of the Contract for any consequential loss or damage (whether for loss of profit or otherwise) costs expenses or other claims for consequential compensation whatsoever (and whether caused by the Company’s negligence or that of its employees or agents or otherwise) which arise out of or in connection with the supply of goods or their use or resale by the buyer except as expressly provided in the Conditions


4.3
Subject as expressly provided in these Conditions all warranties conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by Law

4.4
The buyer shall indemnify the Company against all claims, losses, costs and expenses made against or suffered by the Company arising from or incurred by reason of any loss injury of damage suffered by a third party and arising out of the buyer’s use of the goods


4.5
The Company’s liability hereunder for any delay in performing or any failure to perform any of its obligations in relation to the contract shall be limited to the price of the goods.
5. TITLE AND RISK

5.1
Risk of damage to or loss of the goods shall pass to the buyer upon delivery of the goods in accordance with clause 2 above

5.2
Notwithstanding delivery and the passing of risk in the goods or any provision of these Conditions the legal and beneficial title to the goods shall not pass to the buyer until the Company has received in cleared funds payment in full of the price and VAT and the price of all other goods agreed to be sold by the Company to the buyer for which payment is then due
6. TERMINATION

6.1 Without prejudice to any other right or remedy available to the Company, it shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability on its part in the event that the buyer makes any arrangement with its creditors, becomes insolvent or the Company reasonably believes that it may do so.
7. FORCE MAJEURE

7.1 The Company shall not be liable for delay or non-delivery by reason of (but without limitation) acts of God, lock-outs, labour disturbances, stoppage or other action by employees or third parties in contemplation or furtherance of any dispute or owing to any inability to procure products required for the performance of the Contract, riots, malicious damage, civil commotion, trade disputes, government action, fire, floods, drought, breakdown of machinery, war or any other cause beyond the Company’s control
8. GENERAL

8.1
If any provisions of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part then such provisions shall apply with such modification (if possible) as may be necessary to make it valid and effective and the validity of the other provisions of these Conditions and the remainder of the provisions in question shall not be affected thereby

8.2
Except as otherwise provided nothing in this Contract shall confer on any third party any benefit or the right to enforce any terms of this Contract

8.3
The buyer shall not be entitled assign the benefit of the Contract

8.4
The Contract shall be governed by the Laws of England and subject to the jurisdiction of the English Courts

 

9. DESCRIPTIONS

9.1 We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including any product descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order.

9.2
While we will use reasonable endeavors to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an “as is “and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

10. INTELLECTUAL PROPERTY

10.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorized by us or our licensors.

10.2 You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

11. WEBSITE

11.1 We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.