"Business Customer" means a customer who is not a Consumer.
"Consumer" means an individual who is not acting for the purposes of his or her business or profession.
"MJM Technologies Limited" means MJM also referred to as "we" or "us" in these terms and conditions.
"Force Majeure" means any cause affecting the performance by MJM of its obligations arising from acts, events, omissions, happenings or non-happenings beyond its reasonable control including (but not limited to) governmental regulations, fire, flood or any disaster or industrial dispute affecting a third party.
"Normal Working Hours" means 9.00am to 4.30pm on a Working Day.
"Working days" means Monday to Friday, excluding Bank or other Public holidays.
All contracts of sale made by MJM shall be deemed to incorporate these terms and conditions, which shall prevail over any other terms from the party ("the Customer") with whom MJM is dealing. Cancellation of orders by business to business customers is not accepted as many orders are dispatched on the same day the order is placed.
All orders are subject to acceptance and to availability of the goods ordered: MJM is entitled to refuse any order placed by you.
Please note, MJM may record and / or monitor inbound and outbound calls and electronic traffic for training purposes.
Goods and services, together with VAT, are invoiced at the price prevailing at time of order.
MJM reserves the right to modify the prices from time to time.
4. Delivery, Title and Risk
MJM shall use reasonable endeavours to dispatch goods by the date agreed with the customer, but does not accept liability for failure to deliver within the stated time where this is caused by circumstances beyond our reasonable control, such as delays caused by delivery companies or manufacturer lead times. If a delay is likely, we shall contact the customer and advise of the delay.
If MJM is unable to deliver the goods within 30 days of the agreed delivery date, then Customer will, as its sole remedy, be entitled to cancel the order and require any monies paid to MJM in respect of that order to be refunded. In order to cancel, the Customer must send written notice of cancellation to MJM after the above date but before delivery of the goods or notification from MJM that the goods are ready for delivery.
MJM does not accept liability for shortages or damage to deliveries unless the Customer notifies MJM of the shortage or damage in writing within 48 hours of receipt of the delivery.
Business Customers are required to be able to accept the goods when they are ready for delivery within Normal Working Hours.
Delivery is deemed to take place when the goods are delivered to the Customer's nominated address, whereupon the risks of loss, breakage and all damage and all other risks shall pass to the Customer.
Title of the goods does not pass to the Customer until payment is received in full by MJM. Risk in the goods shall pass to the buyer on delivery. The company shall be entitled to recover from the Buyer any goods for which payment has not been received when due, and enter upon the premises of the Buyer where goods are situated or are reasonably thought to be situated to repossess such goods. Where the buyer has purported to re-sell the goods before the property in them has passed to him, the proceeds of such purport re-sale shall be held in trust for the Company in the Name of the Company in a Bank account separate from all other monies of the Buyer.
If the Customer cannot accept delivery, MJM may at its option: (a) store and insure the goods at the Customer's expense and risk or (b) sell the goods at the best price reasonably obtainable and (after deducting reasonable storage insurance and selling costs) pay to the Customer any excess over the sale price or charge the Customer for any shortfall or (c) re-arrange delivery provided that MJM may charge the Customer for the additional delivery costs incurred.
The Customer may request a Proof of Delivery, provided that this request is made in writing within 7 days of the date of delivery and MJM shall use reasonable endeavours to provide such proof. Thereafter, delivery shall be deemed to have been successfully completed.
Upon delivery of the goods, the Customer will be asked to sign a Proof of Delivery to acknowledge safe receipt. It is the responsibility of the Customer to ensure that the number of packages delivered corresponds with the number stated on the delivery note. Where a discrepancy occurs or where there is evident damage to the packaging, this should be noted on the Proof of Delivery. MJM shall not be liable for discrepancies or damage evident on delivery where the Customer accepts delivery and signs the Proof of Delivery without amendment
Payment Terms: in advance into MJM’s Business Account.
Only the above payment terms are available.
6. Product Specifications
MJM makes every effort to supply the goods as advertised but reserves the right to supply the goods subject to minor variations in actual dimensions and specifications where these are changed by the manufacturer.
If MJM cannot supply the goods ordered by the Customer, MJM reserves the right to offer goods of equal or superior quality at no extra cost. In such a case, if the Customer does not wish to accept the alternative goods offered, he or she may cancel the order and require the refund of any money paid to MJM in respect of that order, including carriage charges. This shall be the sole remedy of the Customer in these circumstances.
7. Trade Names and Trade Marks
Trade names and marks (other than MJM's) are not always indications of the actual manufacturer of a particular product and may rather be indicative of general use systems and machines associated with such products.
In the case of component purchases, Customers requiring a particular brand of product should, before placing an order, check with MJM the identity of the manufacturer of component it is proposed to purchase.
8. Warranties and Returns
MJM is committed to providing our customers with the highest quality products and service. However, on rare occasions, products may be found to be faulty or defective. In such cases we offer the returns facilities described below.
Unless otherwise stated in the manufacturer's documentation, all goods delivered to a UK mainland address carry a 12-month manufacturer's warranty.
If you purchase goods in the course of your business, the following provisions of this Clause shall apply. Other than the express provisions set out in these terms and conditions, all other terms and the implied terms or warranties relating to the supply of goods are excluded to the fullest extent permitted by law. Goods are not tested or sold as being fit for any particular application or for use under specific conditions, unless expressly agreed in writing.
If you purchase services in the course of your business, the following provisions of this Clause shall apply. MJM shall use its skill and expertise to carry out any contracted works (the "Service(s)") to a standard equivalent to that of a competent computer professional, and shall warrant our work as free from defects, for a period of 30 days after completion. In particular, we cannot be held responsible for any fault or damage not caused by MJM services' engineers or its contracted agents. In the event of a claim arising relating to the level of skill and judgment applied in the course of providing Services, MJM reserves at its sole discretion the right to appoint an independent expert in the field to appraise the work carried out in the execution of the Service(s). Additionally, MJM cannot be held responsible for equipment installed or configured when the equipment has subsequently been altered or configured by persons other than MJM. Except as set out here, all other express or implied terms or warranties relating to the Services are excluded to the fullest extent permitted by law.
In the event that MJM, at its discretion, agrees to accept the return for credit of unwanted products, the goods must be returned with MJM's prior written agreement within 14 days of delivery. The goods must be unopened and in perfect re-saleable condition. All goods returned in these circumstances will be subject to a handling fee of 15% of MJM's sale price for the goods, or £20, whichever is the greater.
Subject to testing to verify any alleged fault, we will accept the return of defective goods for full refund or replacement at our option, if, but only if, the goods are returned within 14 days of delivery.
MJM’s technical support staff or customer Support staff, as appropriate, will advise you of which method of delivery to use to return the products. Authorised product returns must be sent to: Customer Returns, MJM Technologies Ltd., Unit 4, Moulsoe Business Centre, Cranfield Road, Moulsoe, Newport Pagnell, Buckinghamshire, MK16 0FJ
All returned goods (except those returned under Clause 13) must be accompanied by MJM's Returns Materials Authorisation number ('RMA Number') which can be obtained by contacting Customer Support on email@example.com Returned goods will not be accepted without an RMA Number. Do not write directly on the manufacturer's packaging. Please write the RMA Number on the address label provided with the Returns Authorisation and attach it to the returned package. Any defacement of the manufacturer's packaging or damage caused by inadequate packaging may result in the rejection of the return or an additional restocking fee, at MJM's sole discretion.
MJM cannot accept liability for packages damaged during transit. It is the Customer's responsibility to wrap the product adequately to prevent damage.
Proof of postage is not proof of delivery and you are therefore strongly advised to send your package by recorded delivery, registered post or courier, and to insure the goods for their full value.
On receipt of the returned product, we will test it to identify the fault you have notified to us.
If following the testing process, the product is found to be in good working order without defect, we will return the product to you, and the carriage costs of this return will be your responsibility. Please note that if you have, in the meantime, required us to provide you with a replacement product before completion of the testing process, you will have to pay for this product also.
Unless otherwise stated in the manufacturer's documentation, all goods delivered to a UK mainland address carry a 12-month manufacturer's warranty. Customers who wish to make a warranty claim must comply with the manufacturer's instructions and warranty procedure. In order to resolve your problem as quickly as possible, we may refer you to the product manufacturer who will deal directly with the return. In these instances, we will provide you with the contact information for the relevant manufacturer. If you are a consumer, this does not affect your statutory rights.
This warranty shall not apply if the goods have been worked upon, altered or damaged in any way by the Customer or its employees or agents, or to goods not used in accordance with the manufacturer's instructions.
No software on which seals have been broken can be returned for credit. If any software discs are faulty, the manufacturer will replace them. If you are a consumer this does not affect your statutory rights. Please note Software Licences are non returnable unless the software is materially non-compliant with its specification or the physical media on which it is supplied is defective.
All discrepancies with your order (short shipment, sales error, physical damage, etc.) must be reported within 2 working days.
If you do not comply with our conditions, we reserve the right to return the goods to you at your cost.
9. MJM's Liability
In its dealings with Business Customers, MJM shall under no circumstances be liable for any consequential or indirect damage or loss, however caused, including (but not restricted to) loss of business or profits, loss of goodwill, damage to trading relationships loss of data and other financial loss. ("Financial loss" in this sense does not refer to the price you have paid for the goods, which we may be liable to refund to you, in whole or in part, if the goods are faulty or do not comply with their description). MJM's liability in respect of all other losses shall be limited to the invoiced amount of the relevant order.
Nothing in this agreement shall limit MJM's liability for death or personal injury caused by its negligence.
10. Health and Safety
MJM confirms that the goods it supplies as a distributor do not present a hazard to health and safety when properly used for the purpose for which they are designed; and if the Customer takes reasonable and normal precautions in their use.
11. Force Majeure
Where, in spite of its reasonable efforts, MJM is unable to perform an obligation due to circumstances beyond its reasonable control, it shall not be deemed to be in breach of its contract with the Customer.
12. Special Rules for "MJM Stock Sale Specials ie. Clearance Products"
Goods sold as 'Stock Sale Specials" are downgraded goods that MJM is able to offer at a discount on the normal catalogue price. Stocks of goods offered as Special Bargains are limited and such goods are sold subject to the following special rules. These special rules apply in addition to, and in the event of any conflict override.
Clearance Bargains are graded according to the condition of the goods, which is described at the point of sale. The length of the guarantee (if any), with the benefit of which the goods are sold, is specified in the description of the relevant grade.
Clearance Bargains, by their very nature, have limited availability. Upon receipt of an order for Clearance Bargains, MJM will check stock availability. Until stock availability is confirmed to the customer, a contract for sale will not be created and no payment will be debited from the customer or placed on their account.
13. Errors and Omissions
MJM makes every effort to ensure that all prices and descriptions quoted in its catalogue and on its website are correct and accurate. However, the frenetic tempo of e-commerce makes it inevitable that mistakes will occasionally occur. In the case of a manifest error or omission, MJM will be entitled to rescind the contract, notwithstanding that it has already accepted the Customer's order and/or received payment from the Customer. MJM's liability in that event will be limited to the return of any money the Customer has paid in respect of the order. In the case of a manifest error in relation to price, the Customer will be entitled to purchase the goods by paying the difference between the quoted price and the correct price, as confirmed in writing by MJM after the manifest error has been discovered.
A 'manifest error', as the term is used in sub-paragraph (1) above, means, in relation to an incorrect price, a price quoted in error by MJM which is more than 10% less than the price that would have been quoted had the mistake not been made.
If any provision in this Agreement is held to be invalid or unenforceable, it shall be deemed severed from the Agreement and this shall not affect the validity or enforceability of the remaining provisions.
Any waiver of a breach of this Agreement must be in writing.
Any variation of this Agreement must be in writing and signed by a duly authorised MJM official.
The headings are for convenience only and shall not affect the interpretation of this Agreement.
Any notices given under this Agreement shall be in writing and sent (a) by first class pre-paid post to the last known address of the party; or (b) by fax to their last known fax number; or (c) by e-mail to the last notified e-mail address of the party.
These terms and conditions shall be governed by and construed in accordance with the laws of England & Wales and the parties submit to the non-exclusive jurisdiction of the English courts.
MJM may at its discretion record telephone transactions for staff training and quality control purposes.