Company Contact

CONTACT

  • Garry Baker
  • The White House, Wilderspool Business Park // Greenalls Avenue , WA4 6HL Warrington, Chesire
  • +44 1925 438113
  • warrington@mevaco.co.uk

GENERAL TERMS AND CONDITIONS

General Conditions of Sale and Delivery of MEVACO Limited, The White House, Wilderspool Business Park, Greenalls Avenue, Warrington, Cheshiere, United Kingdom WA4 6HL.

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (“Products”) listed on our website www.mevaco.co.uk (“our site”) to you. Please read these terms and conditions carefully and make sure that you understand them, before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.

You should print a copy of these terms and conditions for future reference.

Please click on the button marked “I Accept” at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.

Information about us

  1. We operate the website www.mevaco.co.uk. We are MEVACO Limited, a company registered in England and Wales under company number 07294299 and with our registered office at The White House, Wilderspool Business Park, Greenalls Avenue, Warrington, Cheshiere, United Kingdom WA4 6HL. Our main trading address is The White House, Wilderspool Business Park, Greenalls Avenue, Warrington, Cheshiere, United Kingdom WA4 6HL. Our VAT number is GB993379950.

Your status

By placing an order through our site, you warrant that:

  1. You are legally capable of entering into binding contracts; and.
  2. You are at least 18 years old.

How the contract is formed between you and us

  1. After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (“Dispatch Confirmation”). The contract between us (“Contract”) will only be formed when we send you the Dispatch Confirmation.
  2. The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.

Quotations and other documents

  1. Our quotations shall be non-binding. We may accept contract quotations within a period of four weeks.
  2. Pictures and information on our site, in advertising documents and other presentations shall not be binding.
  3. We shall retain ownership of and copyright to illustrations, drawings, calculations and other files or documents; they may not be made accessible to third parties. This provision shall apply, in particular, to files or documents which are identified as “confidential” and you shall obtain our express written approval before these files or documents are passed on to third parties.
  4. In the absence of other agreements, the agreed drawings, models, patterns, descriptions and other documents shall be regarded as technical contract documents. The material standards, designations and DIN tolerances, which are customary in the trade, shall be definitive in the case of raw materials. Weight specifications shall be non-binding. The deviations in sheet thickness and format, which are normal for deliveries from rolling mills, shall also be acceptable to us. For delivery of the ordered goods DIN standards appropriate at the time of manufacture, which contain deviations and tolerances, shall be mandatory. Sheets with prescribed unpunched edges shall be subject to the variations due to the stamping tools or other mechanical equipment. Any differences shall be evenly distributed over all edges. A light film of rust can and may form on the goods. Unless expressly agreed, we shall not be obliged to provide any particular surface quality for the parent material, in particular no freedom from grease. The provisions of this clause 4.4 shall not apply to goods for resale not manufactured by us (unless DIN standards or other standards do not apply imperatively).
  5. Unless otherwise agreed, the products supplied by us shall be intended solely for use in the United Kingdom. We shall therefore not be liable for complaints which are not attributable to defects in the delivered products, but instead to technical conditions outside the United Kingdom or legal requirements in those countries.

Consumer cancellation rights

  1. If you are contracting as a consumer, you have a statutory right to cancel for any reason and receive a full refund, except in the case of certain products listed in clause 5.3. You will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 9 below). Your statutory right to cancel a Contract starts from the date of the Dispatch Confirmation (when the Contract between us is formed). If the Products have been delivered to you, you may cancel at any time within seven working days, starting from the day after you receive the Products.
  2. To cancel a Contract, you must inform us in writing. If the Products have been delivered to you, you must also return the Products to us as soon as reasonably practicable, and at your own cost. You have a legal obligation to take reasonable care of the Products while they are in your possession.
  3. You will not have any right to cancel a Contract for the supply of any made-to-measure or personalized products.
  4. Details of your statutory right of cancellation, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your other statutory rights as a consumer.

This clause 5 only applies if you are contracting as a consumer.

Availability and delivery

  1. The delivery period shall commence on the date set out in the Dispatch Confirmation. The start of the delivery period stipulated by us shall depend on the timely receipt of all documents and information to be supplied by you, as well as clarification of all details of the order, especially all technical questions, release of drawings, delivery of any necessary parts supplied by you, etc. This provision shall also apply to assembly services.
  2. We shall deliver the Products to the location set out in the Dispatch Confirmation or such other location as the parties may agree (“Delivery Location”) at any time after we notify you that the Products are ready.
  3. Delivery of the Products shall be completed on the Products’ arrival at the Delivery Location.
  4. Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. We shall not be liable for any delay in delivery of the Products that is caused by a Force Majeure Event or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Products.
  5. If we fail to deliver the Products, its liability shall be limited to either (a) the costs and expenses incurred by you in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Products of (b) 5% of the value of the Products to be delivery, whichever is the lesser amount. We shall have no liability for any failure to deliver the Products to the extent that such failure is caused by a Force Majeure Event or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Products.
  6. If you fail to accept delivery of the Products within three business days of us notifying you that the Products are ready, then, except where such failure or delay is caused by a Force Majeure Event or our failure to comply with our obligations under the Contract:
    1. delivery of the Products shall be deemed to have been completed at 9.00 am on the third business day after the day on which we notified you that the Products were ready; and
    2. we shall store the Products until delivery takes place, and charge you for all related costs and expenses (including insurance).
  7. If 10 business days after the day on which we notified you that the Products were ready for delivery you has not taken delivery of them, we may resell or otherwise dispose of part or all of the Products and, after deducting reasonable storage and selling costs, account to you for any excess over the price of the Products or charge you for any shortfall below the price of the Products.
  8. We may deliver the Products by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate Contract. Any delay in delivery or defect in an instalment shall not entitle you to cancel any other instalment.

Risk and title

  1. The risk in the Products shall pass to you on completion of delivery. Unless agreed otherwise, delivery shall be “ex-works” or “ex-warehouse”. Delivery by us to any Delivery Location shall be at your risk, even if freight is pre-paid or the Products are dispatched by your own employees, agents, representative or vehicles.
  2. Title to the Products shall not pass to you until we have received payment in full (in cash or cleared funds) for:
    1. the Products; and
    2. any other goods or services that we have supplied to you in respect of which payment has become due.
  3. Until title to the Products has passed to you, you shall:
    1. hold the Products on a fiduciary basis as our bailee;
    2. store the Products separately from all other goods held by you so that they remain readily identifiable as our property;
    3. not remove, deface or obscure any identifying mark or packaging on or relating to the Products;
    4. maintain the Products in satisfactory condition and keep them insured against all risks for their full price from the date of delivery;
    5. notify us immediately if you become subject to any of the events listed in clause 9.2; and
    6. give us such information relating to the Products as we may require from time to time, but you may resell or use the Products in the ordinary course of your business.
  4. If before title to the Products passes to you, you become subject to any of the events listed in clause 9.2., or we reasonably believe that any such event is about to happen and notify you accordingly, then, provided that the Products have not been resold, or irrevocably incorporated into another product, and without limiting any other right or remedy we may have, we may at any time require you to deliver up the Products and, if you fail to do so promptly, enter any your premises or of any third party where the Products are stored in order to recover them.

Price and payment

  1. The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
  2. We may, by giving notice to you at any time before delivery, increase the price of the Products to reflect any increase in the cost of the Products that is due to:
    1. any factor beyond our control (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs);
    2. any request by you to change the delivery date(s), quantities or types of Products ordered; or
    3. any delay caused by any of your instructions or you failure to give the us adequate or accurate information or instructions.
  3. Unless otherwise stated in the Dispatch Confirmation, the price of the Products are “ex-warehouse” or “ex-plant” and are exclusive of the costs and charges of packaging, freight, insurance, customs duties, agreed installations, incidental costs and transport of the Products, which shall be invoiced to you.
  4. In cases where we have agreed to deliver to an agreed Delivery Location, the goods shall be delivered free curb at the Delivery Location. In order to ensure that the Products are properly unloaded, you shall be obliged to provide the necessary personnel and equipment for unloading in good time at your own expense. It shall be assumed that the vehicle can travel directly to the unloading location and can be unloaded immediately. If these conditions are not met, any resulting additional costs shall be charged to you separately.
  5. The Price of the Products is exclusive of amounts in respect of value added tax (“VAT”). You shall, on receipt of a valid VAT invoice from us, pay to us such additional amounts in respect of VAT as are chargeable on the supply of the Products.
  6. If we agree that you can make payment following receipt of our invoice, the following terms shall apply:
    1. we may invoice you for the Products on or at any time after the completion of delivery;
    2. you shall pay the invoice in full and in cleared funds within 30 days or the date of the invoice. Payment shall be made to the bank account nominated in writing by us. Time of payments is of the essence;
    3. if you fail to make any payment due to us under the Contract by the due date for payment (“due date”), then you shall pay interest on the overdue amount at the rate of 4% per annum above HSBC plc’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You shall pay the interest together with the overdue amount; and
    4. you shall pay all amounts due under the Contract in full without any deduction or withholding except as required by law and you shall not be entitled to assert any credit, set-off or counterclaim against us in order to justify withholding payment of any such amount in whole or in part. We may at any time, without limiting any other rights or remedies it may have, set off any amount owing to it by you against any amount payable by u to you.
  7. Payment for all Products must be by credit, debit card or direct payment to our bank account. We shall not accept cheques or bills of exchange unless previously agreed otherwise. We accept payment with those credit and debit cards as displayed on our site from time to time. We will not charge your credit or debit card until we dispatch you order.
  8. If payment by instalments has been agreed with you and you default in making at lest two instalments, we shall be entitled to demand the entire claim, including amounts from other invoices, even if we have accepted cheques or bills of exchange, in which case, the documents shall be returned in return for an immediate cash payment.

Insolvency or incapacity

  1. If you become subject to any of the events listed in clause 9.2., or we reasonably believe that you are about to become subject to any of them and notify you accordingly, then, without limiting any other right or remedy available to us, we may cancel or suspend all further deliveries under the Contract or under any other contract between you and us without incurring any liability to you, and all outstanding sums in respect of Products delivered to you shall become immediately due.
  2. Fort he purposes of clause 9.1, the relevant events are:
    1. You suspends, or threatens to suspend, payment of your debts, or you are unable to pay your debts as they fall due or you admit inability to pay your debts, or (being a company) you are deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986, or (being an individual) you are deemed either unable to pay your debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986, or (being a partnership) you have any partner to whom any of the foregoing apply;
    2. You commence negotiations with all or any class of your creditors with a view to rescheduling any of your debts, or make a proposal for or enter into any compromise or arrangement, with your creditors other than (where you are a company) where these events take place for the sole purpose of a scheme for a solvent amalgamation with one ore more other companies or your solvent reconstruction;
    3. (being a company) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with your winding up of, other than for the sole purpose of a scheme for a solvent amalgamation with one or more other companies or you solvent reconstruction;
    4. (being an individual) you are the subject of a bankruptcy petition or order;
    5. a creditor or encumbrancer attached or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of your assets and such attachment or process is not discharged within 14 days;
    6. (being a company) an application is made to court, or an order is made, for the appointment of an administrator of if a notice of intention to appoint an administrator is given or if an administrator is appointed over you;
    7. (being a company) a floating charge holder over your assets has become entitled to appoint or has appointed an administrative receiver;
    8. a person becomes entitled to appoint a receiver over your assets or a receiver is appointed over your assets;
    9. any event occurs, or proceeding is taken, with respect to you in any jurisdiction to which is subject that has an effect equivalent to similar to any of the events mentioned in clause 9.2.1 to clause 9.2.8 (inclusive);
    10. you suspend, threaten to suspend, cease or threaten to cease to carry on all or substantially the whole of your business;
    11. your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil its obligations under the Contract has been placed in jeopardy; and
    12. (being an individual) you die or, by reason of illness or incapacity (whether mental or physical), you are incapable of managing your own affairs or become a patient under any mental health legislation.
  3. Termination of the Contract, however arising, shall not affect any of the parties’ rights and remedies that have accrued as at termination. Clauses which expressly or by implication survive termination of the Contract shall continue in full force and effect.

Our refunds policy

  1. If you return a Product to us:
    1. if you are contracting as a consumer, because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 5.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day on which you gave us notice of cancellation. In this case, we will refund the price of the Product in full, and any applicable delivery charges. However, you will be responsible for the cost of returning the item to us.
    2. for any other reason (for instance, because you have notified us in accordance with clause 25 that you do not agree to a change in these terms and conditions or in any of our policies, or because you consider that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us.
  2. We will refund any money received from you, normally by using the same method originally used by you to pay for your purchase.

Quality

  1. If it is expedient in the normal course of business, the Products shall be inspected by you as soon as they have been delivered. You shall inform us immediately if a defect is ascertained. If you fail to inform us about the defect, the Products shall be deemed to have been approved, unless the defect was not discernible during the inspection. If such a defect becomes evident later, notification shall be sent to us as soon as it is discovered.
  2. We warrant that on delivery, and for a period of 6 months from the date of delivery (“warranty period”), the Products shall:
    1. conform in all material respects with their description;
    2. be free from material defects in design, material and workmanship;
    3. if you are a consumer, be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
    4. if you are a consumer, be fit for any purpose held out by us.
  3. Subject to clause 11.4, if:
    1. you notice in writing to us during the warranty period within a reasonable time of discovery that some or all of the Products do not comply with the warranty set out in clause 11.1;
    2. we are given a reasonable opportunity of examining such Products; and
    3. you (if asked to do so by us) return such Products to our place of business at the your cost,
    we shall, at our option, repair or replace the defective Products, or refund the price of the defective Products in full.
  4. We shall not be liable for Products’ failure to comply with the warranty set out in clause 11.1 in any of the following events:
    1. You make any further use of such Products after giving notice in accordance with clause 11.3;
    2. The defect arises because you failed to follow our oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Products or (if there are none) good trade practice regarding the same;
    3. the defect arises as a result of us following any drawing, design or specification supplied by you;
    4. you alter or repairs such Products without our written consent;
    5. the defect arises as a result of fair wear and tear, willful damage, negligence, or abnormal storage or working conditions; or
    6. the Products differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
  5. Except as provided in this clause 11, we shall have no liability to you in respect of the Products’ failure to comply with the warranty set out in clause 11.1.
  6. If you are a business, the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
  7. These conditions shall apply to any repaired or replacement Products supplied by us.

Outsourced orders

  1. If contract work is performed or if materials, semi-finished products, tool equipment or other parts are supplied by you ,we shall not be obliged to inspect or test the supplied items. However, you shall be responsible for inspecting or testing their suitability for the contractual purpose.
  2. You shall accept the normal volume of rejects as part of the agreement. In any case, rejects of up to 5% of the total material quantity shall be permissible and in conformity with the Contract.
  3. If the defect in a supplied part or material results in a part manufactured by us being defective or unusable, you shall still pay the agreed labour costs. If we or third parties suffer damage due to the unsuitability of this supplied part or material, you shall be liable for this damage and shall indemnify us against any compensation claims by third parties.

Our liability to a business

  1. Subject to clause 13.3., if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products and, subject to clause 13.2., any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.
  2. Subject to clause 13.3., we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories even if such losses result from our deliberate breach:
    1. loss of income or revenue;
    2. loss of business;
    3. loss of profits;
    4. loss of anticipated savings;
    5. loss of data; or
    6. waste of management or office time.

    However, this clause 13.2 will not prevent claims for loss of or damage to your physical property that are foreseeable or any other claims for direct loss that are not excluded by categories 13.2.1 t 13.2.6 inclusive of this clause 13.2.

  3. We do not in any way exclude or limit our liability for:
    1. Death or personal injury caused by our negligence;
    2. fraud or fraudulent misrepresentation;
    3. any breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
    4. defective products under the Consumer Protection Act 1987; or
    5. any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
  4. This clause 13 does not apply if you are contracting as a consumer. Please see clause 14.

Our liability to a consumer

  1. If we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the terms and conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this Contract.
  2. We only supply the Product for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  3. We do not in any way exclude or limit our liability for:
    1. death or personal injury caused by our negligence;
    2. fraud or fraudulent misrepresentation;
    3. any breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
    4. any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples)
    5. defective products under the Consumer Protection Act 1987; and
    6. any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

If you are contracting as a business, this clause 14 does not apply. Pleas see clause 11.

Import duty

  1. Products from our site may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
  2. Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

Written communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

Notices and communications

All notices given by you to us must be given to MEAVACO Limited, The White House, Wilderspool Business Park, Greenalls Avenue, Warrington, Cheshiere, United Kingdom WA4 6HL. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 16 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

Transfer of rights and obligations if you are a business

  1. The contract between you and us is binding on you and us and on our respective successors and assignees.
  2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
  3. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

This clause 18 does not apply if you are contracting as a consumer. Pleas see clause 19.

Transfer of rights and obligations if you are a consumer

  1. We may transfer our rights and obligations under these terms and conditions to another organisation, but that will not affect your rights or our obligations under this Contract.
  2. You may only transfer your rights and obligations under this Contract if we agree to this in writing.

This clause 19 does not apply if you are a business. Pleas see clause 18.

Events outside our control

  1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
  2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
    • traffic or business interruptions through no fault of our own;
    • shortages of raw materials;
    • strikes, lock-outs or other industrial action;
    • civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
    • fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
    • impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
    • impossibility of the use of public or private telecommunications networks;
    • the acts, decrees, legislation, regulations or restrictions of any government; and
    • pandemic or epidemic.
  3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
  4. If the Force Majeure Event is not resolved within a reasonably extended period of time, we shall be entitled to terminate the Contract.

Waiver

  1. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
  2. A waiver by us of any default will not constitute a waiver of any subsequent default.
  3. No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 17 above.

Severability

If any court or competent authority decides that any of the provisions of these terms and Conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

Entire agreement

  1. These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
  2. We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
  3. Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
  4. Nothing in this clause limits or excludes any liability for fraud.

If you are contracting as a consumer, this clause 23 does not apply. Please see clause 24.

Our contract with you

If you are contracting as a consumer, we intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.

If you are contracting as a business, this clause 24 does not apply. Please see clause 23.

Our right to vary these terms and conditions

  1. We have the right to revise and amend these terms and conditions from time to time.
  2. You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

Law and jurisdiction

Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England.

Third party rights

A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.

Warrington, 13.12.2017

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