Terms & Conditions
MDL Powerup Ltd – Terms and Conditions
About Us
This website www.mdlpowerup.com is owned and operated by
MDL POWERUP LTD
Unit 1 Barras Lane Industrial Estate
Dalston
Carlisle
Cumbria
CA5 7NY
VAT number 991 859 847
Registered in England 07135552
Email: info@mdlpowerup.com
Tel: 01228 712121
If you need to contact us please use the details above.
Make a contract with us
2.1 When you place an order with us, you are making an offer to buy goods. We will send you an e-mail to confirm that we have received your order.
2.2 In the unlikely event that the goods are no longer available, or that we have made a pricing mistake, we will advise you of this. You will not receive an e-mail confirming acceptance of your order, and there will be no contract between us.
2.3 Images of products on this website are for illustrative purposes only. Your goods may vary slightly from the image shown on the website and will not include any of the pictured accessories, unless stated in the specification of the goods. Whilst goods may be shown assembled they may require some assembly by you.
2.4 Colours of products may vary from that shown, please confirm with us before placing an order.
2.5 Whilst we try to be as accurate as possible, all information provided is approximate and is provided in good faith.
2.6 This contract is covered by English law.
2.7 By placing an order with us, you agree to and accept these terms, as well as our privacy policy and the terms of website use.
How to place order
3.1 You can use our website to place an order by selecting the product you wish to buy and adding it to your basket. Items you do not require can be removed from your basket at any time. If you prefer to order by telephone you can do so by calling 01228 712121
3.2 If purchasing a quote, the buyer accepts full responsibility for checking the accuracy of that quote.
3.3 The buyer assumes responsibility for the goods being suitable for the purpose for which they are being purchased.
3.4 Carriage charges will be shown prior to you placing your order.
3.5 You will be required to pay for the goods in full at the time of ordering.
3.6 We use secure payment facilities for online purchases. You can pay for your order by Visa, Mastercard, Delta/Connect and PayPal
3.7 Promotional prices only apply during the period stated.
3.8 All prices quoted on our website are in UK pounds and exclude Value Added Tax at the current rate. Value Added Tax will be added at the checkout stage.
3.9 Once your order has been confirmed, changes may not be possible or may incur additional charges or delays.
3.10 Once your order is complete we will notify you of the dispatch date.
Delivery & Carriage Charges
4.1 Goods will be dispatched from our warehouse within 15 working days unless stated otherwise at point of order and any estimated dispatch date is an estimate, which can change without notice. Dispatch may be delayed in accordance with point
4.2 A third party courier or ourselves will deliver goods within 4-5 working days of dispatch. Deliveries may be delayed in accordance with point 4.13.
4.3 Your order may arrive in more than one delivery.
4.4 We will deliver the goods to the premises you specify on your order. You must be on the premises to accept delivery of your order, which is between 7:30am and 6:00pm, Monday-Friday. We will not accept responsibility for loss or damage if the delivery company is instructed to leave the goods unattended.
4.5 Most of our products are relatively weighty items and you may be required to assist the driver in offloading your order.
4.6 Disposal of packing materials is your responsibility.
4.7 If there is no one to accept the order on the scheduled delivery date the goods may be returned to the factory and we reserve the right to charge you an additional re-delivery charge.
4.8 If you change the delivery address once the goods have been dispatched to you, we reserve the right to pass on any extra charges made by our carriers for redirecting your delivery, if the carriers are able to make the change. This may delay your delivery.
4.9 Please check the goods on delivery – any goods found to be missing or damaged should be notified to the delivery driver at the time of delivery or ourselves within two working days of delivery of the items.
4.10 If the goods are lost or damaged please report this to us within two working days from the delivery day.
4.11 Deliveries are made to a ground floor entrance only and on the condition that there is reasonable access for the safe and prompt delivery of the goods.
4.12 Sometimes, for reasons beyond our control we may be prevented from delivering your goods as planned. These might include things such as accidents, breakdowns, fire, flood, storm, severe weather, acts of god, war, riot, civil commotion, malicious damage or the default of our suppliers. We are not responsible where this causes a delay or failure in delivering your goods.
4.13 Time is not the essence of the contract unless expressly stated otherwise in writing by a Director of the Company.
Cancellation and returns
5.1 This policy does not apply to goods ordered by businesses which are exempt from the Distance Selling Regulations, or the following goods which are exempt from the right to cancel. Any items which have been custom made or altered from standard specifications as listed on our website.
For Trade and Business customers, please see section 8.
5.2 You can cancel your contract at any time up to 14 days after the day of delivery. To do this, please e-mail, fax or write to us. We are unable to accept cancellations by phone. Please refer to point 5.1 for items exempt from this term.
5.3 You do not have to give any reason for cancellation. However, a brief explanation will help us to improve the service we offer to customers in the future.
5.4 If you cancel, you must return the goods within 7 days of cancellation, complete with the original packaging to us (or any other UK address specified by us), at your own expense. You must ensure that the goods are packaged adequately to protect against damage.
5.5 You may properly examine the goods for 14 days as you would do had you visited our showroom, however you may not return any goods that have been used, damaged or altered unless they are faulty. For exempt goods please see point 5.1.
5.6 If you fail to return the goods, we will collect them, and we will charge you the direct cost of collection. If you fail to take reasonable care of the goods before they are returned to us, and this results in damage or deterioration, we will charge you for the reduction in value.
5.7 We will refund all monies paid to us by you excluding any postage / carriage within 30 days, less any costs due under this contract. Please see point 5.1 for exemptions.
5.8 We reserve the right not to replace any item that has been fitted, as we will deem this acceptance of the goods.
5.9 We will not be held liable for engineers fees or any other professional trades persons fees due to late, damaged or lost deliveries.
5.10 We are not liable for any loss earnings due to late, incorrect or lost deliveries.
5.11 We reserve the right to refuse replacements on any damaged items reported to us outside of two working days. Please refer to points: 4.10 and 4.11. This cancellation policy does not affect your legal rights – for example, if goods are faulty or misdescribed.
5.12 Before any refund can be given we need the machine to be collected, inspected and assessed by one of our trained engineers in the workshop, to identify any issues/faults or misuse of the machine.
Faulty Goods / Guarantee
6.1 If there is a problem with the goods, please notify us by email or in writing providing details of the problem. In addition, you must provide us with a digital photograph of the problem as this saves you having to return the goods for inspection. We will deal with the matter in accordance with your legal rights. Please see points 4.10 and 4.11 for time restrictions.
6.2 All goods are covered by a manufacturer’s warranty against faulty workmanship and materials, subject to the terms and conditions of that warranty.
6.3 The manufacturer’s warranty is provided in addition to the rights that the law says you have as a consumer and accordingly, your statutory rights are not affected.
6.4 If an exchange is necessary, this will be arranged without unreasonable delay and without charge. Replacement goods will not be dispatched until either a indicative digital image is supplied by the customer, or the original goods have been received at our warehouse and checked. The cost of returning goods to us is your responsibility, however on inspection we will refund your reasonable postage costs, providing that the goods are found to be faulty. If the goods are not faulty, we will return them to you, however you will be required to cover our reasonable postage costs.
6.5 All of our machines are guaranteed against materials and workmanship defects for a period of 1 year as of 1st March 2016. Some Machines are guaranteed for 2 years where stated on our website or advertising.
6.6 Machines should be serviced in accordance with our maintenance instructions, failure to do so may void your warranty.
6.7 You should make reasonable precautions when leaving a machine outside for long periods of time to protect it against corrosion and/or damage from the elements.
6.8 Machines should not be stored or located near any source of heat or steam.
6.9 Within the time-scale laid out in point 6.5, we will replace defective goods free of charge, at our discretion, providing that you have returned to us any faulty goods upon request.
6.10 If an item is no longer available we will offer an alternative. However, our liability will be to replace the faulty goods only and we are unable to guarantee an exact match. In this instance, you will have the option of a refund on the items under the warranty claim.
6.11 Where we replace faulty goods you are responsible for their disposal if they have not previously been returned to us.
6.12 We are unable to guarantee and exact colour match due to the nature of the product.
Liability
7.1 The products sold on this website have been designed to comply with all relevant UK legislation. We cannot warrant or represent that they comply with any legal requirement outside the UK.
7.2 We do not accept liability for any consequential loss of profit or indirect losses. You should therefore not book installation of the goods until you have received them and inspected them.
7.3 We do not except any liability for injuries or deaths resulting from misuse of a machine, or failures of machines that have not been maintained correctly in accordance to our guidelines in the applicable machine manual provided.
Trade or Business Customers
The following conditions apply to orders placed by Trade or Business Customers.
8.1 Orders may not be cancelled except with our mutual agreement and having been confirmed in writing by a Director of our company. We reserve the right to make cancellation and/or re-stocking charges.
8.2 Claims for missing or damaged items must be made within 2 working days of delivery.
8.3 If purchasing a quote, the buyer accepts full responsibility for checking the accuracy of that quote.
8.4 The buyer assumes responsibility for the goods being suitable for the purpose for which they are purchased.
