Existing T&C
Mortex Enterprises Ltd trading as Bounce Along Inflatables hereafter referred to as the "Company".
The Company makes all offers and accept all orders only upon, and subject to, the following terms and conditions. These shall form part of any contract concluded with us to the exclusion of any other terms and conditions, except as specified on our quotation, or as otherwise agreed in writing by our authorised signatory.
Ordering
Items from our website, or from catalogue or sales leaflets, can be ordered by:
Telephone on the number listed on the Sales page
Faxing or posting a completed order form to the address shown on the Contact page
Email an order, accompanied with a posted cheque
All orders are subject to a deposit of £250, which is non-refundable.
Once an order has been placed we will confirm this in writing, giving the proposed delivery date. This delivery date is only intended as an estimate and orders should not be taken for bookings until you have received your order in full.
We cannot be held responsible for problems with bookings due to delays in delivery of your orders.
If for any reason we are not able to fulfil your order, we will contact you at the earliest possible opportunity to advise you of this.
You then have the right to change or cancel your order. Any payments made or due will be adjusted to take account of the changes to your order.
Orders cancelled within 7 days are subject to loss of the deposit. If cancelled after 7 days then the full order amount is due.
Cancellation of special orders involving variations in design and construction would be subject to payment in full.
Prices
All prices quoted exclude VAT
Unless otherwise stated, prices do not include freight, duty or customs charges
We reserve the right to adjust prices to take account of any delay on the part of the Purchaser in supplying information required to complete the order, or any alteration made to the specification by the Purchaser
All prices and payments to be made in GB Pounds Sterling
Changes in Specification
Sizes quoted are to be taken as nominal, since by nature of the products being inflated it is impossible to define sizes exactly.
Colours and product designs may vary from the illustrations. Such changes shall not affect the validity of any contract between the Purchaser and us provided that such variations do not adversely affect the performance or quality of the product.
Payment and Title of Goods
A deposit of £250 is payable with the order, unless otherwise stated
Balance of cost to be paid and cleared prior to despatch, unless previous arrangements have been made
Deposit not refundable in the event of cancellation
Until we have received full payment, we shall retain ownership of the goods and the Purchaser shall:
Hold them as bailee only and shall not sell, part with or modify them in any way
Insure them for their full contract value against 'All Risks' with our interest being noted on the policy
Store them separately from all other goods and in such a way and place that they may at all times be identified as our goods
We reserve the right at any time to charge interest on late payments with effect from the due date and on a day to day basis, at a compound annual rate of 4% above Bank base lending rate
Delivery
We will do our best to comply with our quoted delivery date, but we will not be liable for any loss, damage or expense (either direct or indirect) suffered by the Purchaser or any third party, as a result of late delivery of the goods. Although given in good faith, the time for delivery quoted in our order confirmation is intended as an estimate only and is not to be treated as of the essence of the contract
Goods sold "ex works" will be despatched in accordance with the Purchasers instructions and the risk in such goods will pass to the Purchaser from the time of loading at our works
Goods sold "delivered" will be despatched by a carrier of our choice and risk in the goods will pass to the Purchaser when they reach the destination specified by the Purchaser and before unloading.
Delivery overseas shall be by the appropriate method stated in our agreement, strictly interpreted in accordance with the definitions contained in INCOTERMS 1980.
Any packing or protection necessary for delivery will be at our discretion. Any special packing requirements stipulated by the Purchaser will be charged for.
All packing materials are non-returnable.
Loss or damage in transit
We accept no liability for loss or damage in transit except in the case of goods sold "delivered". In such a case our responsibility will be limited to replacing or repairing the missing or damaged goods or, at our option, returning the purchase price.
No claim will be considered.
In the case of damaged goods, notification must be received in writing within five days of receipt of the goods.
In the case of non-delivery, we must be notified in writing within 14 days after the date of despatch as notified by us.
Complaints and Return of Goods
We must be informed about faulty goods within five days of receipt, and they must be returned to us in their original condition within ten days of receipt
We reserve the right to have the time and the opportunity to rectify any faults or to exchange any faulty goods.
All goods returned to the Company for work under guarantee, or work undertaken at the Purchasers request, must be returned properly folded/rolled in a clean, dry condition. Should the Company judge that the goods are not in an acceptable condition as to cleanliness, the Purchaser will bear the costs of having such goods cleaned.
Warranty
All new inflatables sold have a 12-month back to base guarantee, from date of receipt, covering materials used and workmanship. All units should be inflated on receipt and examined carefully.
Any faults or damage found should be reported to us in writing within five days of receipt.
Any damage due to mishandling by the carrier or other external factors is not our responsibility
We have the right to inspect the unit and if we agree that there is a manufacturing defect, we will rectify the fault.
Damage due to normal wear and tear is the responsibility of the Purchaser.
Improper maintenance, abuse or negligent treatment of the inflatable will invalidate the warranty.
The cost of returning units to us for evaluation is the sole responsibility of the Purchaser.
Purchasers, or any other person, will not hold us responsible for injury caused by any product that has been modified or improperly installed, or subjected to misuse, negligence or accidents.
Governing law
These conditions and any contract between the Purchaser and the Company shall be governed in all respects by the laws of England except that the Uniform Law on the international Sale of Goods shall not apply either in whole or in part. Resolution of any dispute shall be within the jurisdiction of the English Courts.
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