Terms &Conditions of Warranty Service
By
clicking the “I confirm” option, you hereby agree that you have read,
understood and agreed to be bound by Merlin Equipment’s standard terms and
conditions of Sale and Warranty Service.
General
Merlin
Equipment may offer a repair or exchange for product that is deemed to be a
warranty. Credits are not issued unless agreed expressly by a Director of
Merlin Equipment Limited.
Our
warranties are strictly return to base, repair or replacement. No additional
costs however incurred are covered.
You
must use the Merlin online warranty system and follow the steps indicated:
1/ Please
enter details of the product that you want to return, including the quantity
and the product's serial number. By entering our original invoice number, you
will help us to locate details of the product we supplied more quickly. Please
provide as much detail as possible in the Return Reason.
2/ You must not
return your product to us yet. When we receive your request, we will validate
some information about it and you will receive an e-mail informing you of the
next steps.
3/ When
instructed by email – return the faulty product for inspection & testing.
4/ The
returned product will be tested by one of our engineers & a test report
will be written.
5/ The
outcome of the testing & inspection procedure will determine if the faulty
product is repaired , replaced or deemed not faulty under warranty.
6/ If product
is deemed to be working / damaged / repairable (outside of warranty) payment
will be required for test / repair fees and return carriage. If you decide not
to proceed with repair and return of goods the test fee may still be payable as
this work will have been completed by a Merlin engineer.
6/ The repaired,
replaced or original unit will be sent back to the customer along with any
relevant documentation.
- Warranty
is provided strictly on a return to base basis. Merlin Equipment is not
responsible for return freight costs.
- All
warranties must be returned freight paid. Freight collect packages will
not be accepted
- Returned
items must be packaged carefully according to freight courier’s
requirements. We recommend that packages are insured. Merlin Equipment
cannot be held responsible for packages arriving damaged where
insufficient packaging was used.
- Merlin
Equipment will cover the cost of returning repaired goods to you within
the UK only. Charges for returning goods overseas is not covered.
- In
the event of the goods returned being found to be either
- Operating
Correctly
- Non-working
but had been incorrectly used, fitted etc (as per the manufacturer’s
instruction manual)
- Modified,
openened or not used for the intended purpose
The customer is responsible for the return
carriage charges. Merlin Equipment reserves the right to retain product where
carriage payable has not been paid.
Labour
- Merlin
Equipment is not held responsible for costs of labour involved with fault
finding, disconnecting, removing and packaging of goods. Nor is Merlin
Equipment responsible for administration costs involved with returning a
product.
- In
the event of the goods returned being found to be either
- Operating
Correctly
- Non-working
but had been incorrectly used, fitted etc (as per the manufacturer’s
instruction manual)
- Modified,
opened or not used for the intended purpose
The customer will be responsible for Merlin
Equipment’s labour at £40+VAT per hour. Merlin Equipment reserve the right to
retain product that has been repaired, and not paid for by the customer
Repair Costs
In
the event of the item returned being found non-working and outside of warranty.
We will provide an estimate for repair. Please note that the estimate cost may
vary by +/-20% according to actual repair being required.
Where
goods are beyond economical repair, Merlin Equipment will offer a replacement
product at a discounted price.
Onward Warranty
The
warranty period is not extended for repaired/replaced goods. Warranty runs from
the date you originally purchased the item. The only exclusion to this is where
a replacement product has been purchased by the customer.
Time Scales
Merlin
Equipment endeavours to handle your warranty item within 10 days. Occasionally,
manufacturers may ask for product to be returned to them for further
investigation. This may take longer. In any event, if lead time extends beyond
20 days for repair, we will offer an exchange unit or credit. Please note that
if offered a new replacement unit, lead time can be extended to 30 days.
Batteries
Due
to their nature, batteries are expensive to ship. Most of the batteries
supplied by Merlin Equipment have a pro-rate warranty. If your batteries are
nearing the end of the warranty period, it may be more cost effective for
Merlin Equipment to offer replacement batteries at a discounted price. In any
event, we recommend that you telephone 01202 697979 for advice before returning
and continuing with the warranty procedure.
Payment
If
it is determined that your goods are not covered by warranty, you will receive
an estimate. If you wish to proceed an on-line payment system within this
website is provided. All repairs must be paid for in full before they are
undertaken.
Merlin Equipment
Standard Terms & Conditions
General
All orders are accepted by Merlin Equipment
Ltd. ("Merlin Equipment") on these conditions
of sale which supersede any other terms
appearing in the catalogue or elsewhere, and,
unless otherwise specifically agreed in
writing on Merlin Equipment headed documentation
by one of the Directors of Merlin Equipment.
These conditions of sale override and exclude
any other terms stipulated or incorporated or
referred to by the Customer, whether in the
purchase order or during any negotiations or
any course of dealing established between
Merlin Equipment and the Customer, and
constitute the entire understanding between
Merlin Equipment and the Customer for the
sale of products or services.
Offers and Acceptance
No obligation shall arise as a result of a
catalogue entry, quotation or any other offer, until
Merlin Equipment accepts the order from a
Customer seeking to make a purchase.
Orders
Where possible orders should be made using
Merlin Equipment's order codes, the Customer
number and/or your trade account number and
one of Merlin Equipment's official order
forms to speed your purchase through the
process. Telephone orders will be accepted.
Written confirmation is not required for
telephone orders, but if sent they must be marked
'Confirmation Only' to avoid liability for a
duplicated delivery. Merlin Equipment reserves
the right to deliver part orders, or hold
orders until all items are available as required.
Credit card charges are only made when
products are despatched for mail order delivery or
collected from a Merlin Equipment warehouse,
the only exception being when we have been
requested to build a product to special
order. Only one small mail order handling charge will
be levied if applicable in respect of the
total order. No order may be cancelled without the
previous written consent of Merlin Equipment
on its headed documentation. In the event of
part cancellation Merlin Equipment reserves
the right to charge the Customer for any
difference in selling price applicable to the
quantity despatched up to the time of
cancellation.
Export
Separate conditions of sale apply to export
sales. The Customer is responsible at the
Customer's own expense for obtaining any
licence and complying with any export
regulations in force within the United Kingdom and in the country for which the products are
destined.
Prices and VAT
Merlin Equipment reserves the right to alter
prices at any time without prior notice. In
general, prices are reviewed every 6 months,
except in the case of products subject to high
price volatility over a shorter period e.g.
certain computer products. All prices are subject to
Value Added Tax (VAT) at the relevant rate
ruling on the date of despatch. Products marked
'NV' in the catalogue are rated at zero % at
the time of going to press.
Inspection, Transit Delays and Non-Delivery
Merlin Equipment will use reasonable endeavours
to meet delivery estimates but cannot
accept any liability whatsoever for failure
to do so however arising. Failure to meet a
delivery date where deliveries are by instalment
shall not prejudice Merlin Equipment's right
to make further deliveries by instalment
under that contract. The Customer must inspect
the products as soon as reasonably
practicable after direct delivery and shall within 7
working days of such delivery give notice to
Merlin Equipment in detail of any defect in the
products or of any other complaint which the
Customer may wish to make about Merlin
Equipment's service. No claim in respect of
non-delivery of products will be considered
unless written notification is given to
Merlin Equipment within 5 days from receipt of a credit
account statement in respect of the products.
Payment a) Cash with order. Please ensure
that Cheques are made out to: MERLIN
EQUIPMENT Ltd. and are crossed 'Payee Only' b)
Credit Terms. Credit Terms are available
subject to satisfactory references. Payment is due
30 days from the date of the invoice without
any deductions whatsoever. If the Credit
Customer fails to make any payment on the due
date, then, without prejudice to any other
right or remedy available to Merlin
Equipment, it shall be entitled to:- (i) Cancel the order
and suspend further deliveries (ii)
Appropriate any payment made by the Customer to such
of the products (or products supplied under
any other order) as Merlin Equipment may think
fit (iii) Charge an administration fee for
any legal or other actions required to recover
monies due (iv) Charge interest on the unpaid
amount from the due date at a rate of 4%
above the current London Interbank Borrowing
Rate (LIBOR) per annum
Ownership
Risk of loss of or damage to the products
shall pass to the Customer at the time of delivery
or collection from a Merlin Equipment
warehouse. The property in the products shall not
pass to the Customer until all sums due or
owing to Merlin Equipment by the Customer on
any account have been paid. Invoices are due
for payment 30 days from the date of the
invoice. If payment in full or in part is not
made by the due date, or the Customer is wound
up, or a receiver appointed over any asset or
the undertaking of the Customer or an
execution or distress be levied against the
Customer, Merlin Equipment will be entitled
without prior notice to the Customer or any
liquidator or receiver to retake possession of the
products and for that purpose to enter upon
any premises occupied or owned by the
Customer.
*General Descriptive Matter
All specifications, illustrations or other
details contained our catalogue or any price list or
advertising material or otherwise
communicated to the Customer are intended merely to
present a general idea of the product and
nothing contained in any of them shall form part
of the contract between Merlin Equipment and
the Customer. If the description of any
products not of Merlin Equipment's
manufacture contained in any correspondence,
advertising material, invoice or catalogue
varies from that of the manufacturer's description,
the manufacturer's description will be deemed
to be the correct description and shall take
precedence over Merlin Equipment's
description. The manufacturer's description is available
from Merlin Equipment on request.
*Product Performance
The responsibility for ensuring that products
are sufficient and suitable for the Customer's
requirements is the Customer's sole
responsibility save insofar as Merlin Equipment have
specifically advised the Customer in writing
on Merlin Equipment headed documentation that
the products are sufficient and suitable for
the Customer's purposes having been fully and
accurately advised by the Customer of his
requirements.
Returns
No goods can be returned to Merlin Equipment
without its express consent. In the event of
faulty or damaged products being received by
the Customer, please phone our Customer
Services Department during office hours to
advise of the problem whereupon arrangements
to rectify will be made. Goods returned for
re-stocking will be subject to a 15% re-stocking
charge.
Copyright and Patents
Merlin Equipment have taken all reasonable
steps in the course of business to ensure that
the products do not infringe any patent,
design, trademark, copyright or any other rights of
third parties. Merlin Equipment own full
copyright in respect of the catalogue and any other
catalogues published in paper or electronic
form such as CD ROM or the Internet by Merlin
Equipment. The reproduction, storage in a
retrieval system, or transmission, in any form or
by any means, electronic, mechanical,
photocopying, recording or otherwise, in part or in
whole, is prohibited without Merlin
Equipment's prior written consent.
*Limitation of Liability
The Customer will be responsible for ensuring
the fitness for purpose of the products for the
Customer's application. Every effort has been
made to ensure the accuracy of information or
advice provided in our catalogue or any other
advertising material or by members of Merlin
Equipment staff. However Merlin Equipment
accepts no liability whatsoever or howsoever
arising in respect of loss, damage or expense
arising from errors in information or advice
provided whether or not due to Merlin
Equipment's negligence or that of its employees,
agents or sub-contractors. Merlin Equipment
shall not be liable to the Customer by reason
of any representation (unless fraudulent), or
any implied warranty, condition or other term,
or any duty at common law, or under the
express terms of contract with the Customer, for
any indirect, special or consequential loss
or damage (whether for loss of profit or
otherwise), costs, expenses or other claims
for compensation whatsoever (whether caused
by the negligence of Merlin Equipment, its
employees or agents or otherwise) which arise
out of or in connection with the supply of
the products or their use or resale by the
Customer, and the entire liability of Merlin
Equipment under or in connection with the
contract with the Customer shall not exceed
the price of the products except as expressly
provided in these terms and conditions.
Force Majeure
If the performance of the contract or any
obligation under it is prevented, restricted or
interfered with by any reason or
circumstances beyond the reasonable control of the party
obliged to perform it (other than financial)
the party so affected upon giving prompt notice
to the other party shall be excused from
performance to the extent of the prevention,
restriction or interference but the party so
affected shall use its best efforts to avoid or
remove such causes of non-performance and
shall continue performance under the contract
with the utmost despatch whenever such causes
are removed or diminished.
Law
Any sales transacted by Merlin Equipment are
governed solely by English Law and the
parties submit to the exclusive jurisdiction
of the English courts.
Consumer Protection
Nothing contained herein shall affect a
Customer's statutory rights if he/she 'deals as a
consumer' as defined in Section 12 of the
Unfair Contract Terms Act 1977. Particular
reference
is made to clauses marked *.