These Conditions describe the basis for the purchase of the goods or services ("Goods") described on this website (the "Website").
Please read these Conditions carefully before ordering any Goods from the Website.
You should print a copy of these Conditions for future reference.
In these Conditions the "Company" means Mattalex Emergency Lighting Ltd (company number 05372322), whose registered office is at 13 The Quadrangle, Grove Technology Park, Downsview Road, Wantage, Oxfordshire OX12 9FA
An agreement for the Company to sell you Goods is made on the basis of these Conditions when the Company accepts your order for Goods through the Website. The description of the Goods, price, currency, VAT, insurance and delivery costs are set out in the order page.
The contract of supply includes only such Goods, accessories, services and work as are specified in the quotation or acknowledgement accompanying these Conditions.
a) Orders will be accepted at the Company's sole discretion but are normally accepted if the Goods are available. The order reflects current pricing, whether you are based in a country to which we are currently able to sell, and whether your credit or account card is authorised for transaction.
b) The Company will confirm receipt and acceptance of your order
via email.
c) You shall not be entitled to cancel any order placed with the Company or to require the Company to suspend or defer any delivery to the Customer any such order except with the written consent of the Company and upon such terms as the Company shall attach to such consent.
A handling charge of £9.80 is made for orders of an aggregate value of less than £200.
a) The price of any Goods shall be as quoted on the Website at the date of despatch and in the case of an order for delivery by instalments the price payable for each instalment shall be the price quoted on the Website at the date of despatch of each instalment.
b) The Company’s prices are liable to change at any time, but changes will not affect orders in respect of which the Company has already despatched.
c) All prices are exclusive of Value Added Tax and this will be charged at the applicable rate and recoverable by the Company.
d) Where the value of your order exceeds £200, the cost of delivery
to mainland UK shall be included in the price, in all other cases the
prices are exclusive of carriage and insurance to your delivery destination.
a) Unless otherwise agreed in writing, payment in full is due on delivery. The Company may (in its absolute discretion), not enforce payment for a period of 30 days after delivery.
b) Where Goods are to be delivered in instalments, each instalment shall be considered as a separate contract of sale.
c) Time for payment shall be of the essence of the contract.
d) Without prejudice to any other rights it may have, the Company is entitled to charge interest at 8% per annum above the current base rate of Bank of Scotland on overdue payments (in accordance with the Late Payment of Commercial Debts (Interest) Act) of the price of the Goods or the price of any instalment or partial delivery thereof. If the Company has exercised its discretion under Clause 7(a) above, then it may (in its absolute discretion), waive its right to interest for a period of 30 days after delivery.
e) Additionally and without prejudice to other rights, the Company shall be entitled to recover all direct expenses reasonably incurred by the Company in collecting or attempting to collect amounts of the price outstanding.
f) If you fail to make any payment when due in accordance with these Conditions, the Company reserves the right in its absolute discretion and without prejudice to any of its other rights or remedies, to suspend all further deliveries until such payment has been made in full, or at the Company’s option cancel the balance of the order. In either case, the Company will hold you liable for costs incurred in respect of Goods in the course of manufacture or ready for despatch.
g) The Company shall be entitled to bring an action for the price or part thereof whether or not the property in the Goods has passed.
Any order acceptance shall be subject to the Company being satisfied as to your credit references, and without prejudice to the generality of the foregoing, the Company may (in its absolute discretion), having informed you that the Goods are ready for despatch, refrain from delivering the Goods until such time that you pay the price for the order and any outstanding amount on you owe to the Company.
Where it is necessary to despatch Goods in crates, cases, pallets or stillages or skids or other such packing, this will be charged for. Unless otherwise specified this amount will be credited in full on the return, within one month of delivery, of such crates, skids, stillages and pallets etc. in good condition carriage paid to [Please insert relevant address]. No charge is made for any other form of packaging and no credit will be allowed for its return.
When the price quoted includes delivery, the Company shall repair or replace free of charge, Goods lost or damaged in transit, provided that the Company is given written notification of such damage or non-delivery within 7 days of delivery (or the expected delivery date where no delivery took place). Notwithstanding the above undertaking, the Company will only consider claims for alleged shortage if they are received within 7 working days of the delivery of the Goods, together with sufficient information to enable the Company properly to identify the shortage including any advice note number, case number and condition of case.
Unless otherwise expressly agreed between the parties, samples submitted with the Company’s quotation or at your request must be returned within 30 (thirty) days of receipt and the Company shall be entitled to charge for them if they are not so returned.
a) Unless stated to the contrary in your order and accepted by the Company in writing, all times or dates for delivery of the Goods are given in good faith but are approximate only and shall not be of the essence of the contract.
b) All times or dates for delivery shall be calculated from the date of acceptance by the Company of your order, or from the date of receipt by the Company of all information, instructions and drawings from you as shall be necessary to enable the Company to carry out the order, whichever shall be the later.
c) Unless otherwise stated in writing, the Company shall be entitled to make partial deliveries of the Goods.
If the Company does not receive forwarding instructions sufficient to enable it to despatch the Goods within 7 days of notification that the Goods are ready for delivery or that they have been tested under Clause 15, you shall thereupon take delivery or arrange for storage. If you do not take delivery or arrange for storage as per the above, the Company shall be entitled to invoice and be paid for the Goods as though the Goods had been duly delivered in accordance with these Conditions, and the Company may arrange storage either at the Company's own works or elsewhere on your behalf and all charges incurred by the Company as a result of such delay including storage and insurance, shall be payable by you.
Any data, technical information or performance figures provided by the Company are based on tests performed under standard conditions. They are believed to be accurate but cannot be guaranteed under different conditions.
The Company's products are carefully inspected, and, where practicable submitted to its standard tests at the Company's works before despatch. You will be charged for any other non-standard tests or tests where you have requested to be present. In the event of any delay on your part in attending tests after having received 7 days notice that the Company is ready to perform the tests, the tests will proceed in your absence and you accordingly hereby agree to accept and pay for such tests as if they had been performed in your presence.
All descriptions and illustrations and particulars of weights and dimensions issued by the Company in catalogues, price lists, advertising matter and forwarding specifications are by way of general descriptions and approximate only, and shall not form part of any contract or give rise to any liability on the part of the Company.
a) The Company’s liability under this Clause shall be in lieu of any warranty or condition implied by law as to the quality or fitness of any particular purpose of the Goods, and save as provided in this Clause the Company shall not be under any liability, whether in contract, tort or otherwise, in respect of defect in Goods delivered, or for any death or injury (other than death or personal injury caused by the Company’s negligence), damage or loss resulting from such defects or from any work done in connection therewith. Provided however that nothing in this Clause shall operate to exclude any warranty or condition implied by law as to the quality of the Goods in the event that the Goods when sold by you or when sold by any person or persons to whom you may sell the Goods, shall become the subject of a consumer sale as defined in the Sale of Goods Act 1979, or any statutory re-enactment or modification thereof, except to the extent that any claim under such warranty or condition shall have arisen from any act or omission by you or by any other person or persons selling the Goods by way of a consumer sale.
b) The Warranty given in this Clause is subject to the following provisos, namely:
i) that you shall have followed all instructions issued by the Company in relation to the Goods;
ii) that in the case of defects which would have been reasonably apparent to you on reasonable examination of the Goods on delivery, you shall notify the Company of the defects within 7 working days of the date when the defect becomes apparent;
iii) that in the case of any other defects, you shall notify the Company of the defects in writing within 7 working days of the date when the defect becomes apparent;
iv) that where in discharge of its obligations under the Warranty given in this Clause the Company agrees that you may undertake any repair or remedial work on its behalf, the cost of such work shall be agreed in writing between you and the Company before the commencement of any such repair or remedial work.
c) Subject to Clause 17(e), in no event shall the Company be liable for any matter in connection with or arising from the contract (whether under the contract, tort or otherwise) for:
i) any economic loss, including without limitation any loss of profit, use, revenue or goodwill;
ii) any consequence, indirect or special loss.
d) Subject to Clause 17(e), in no event shall the Company aggregate liability under the contract exceed the price of the Goods paid by you under the contract.
e) Nothing in the contract shall be deemed to exclude or limit the Company's liability for death or personal injury caused by the Company's negligence or for any other liability which it cannot exclude or limit by law.
Unless otherwise agreed in writing, and subject to Clause 17 hereof, goods rejected as not complying with the contract, must be rejected within 7 working days of delivery to your premises or to such other place as you shall have specified.
In no circumstances may Goods supplied against a firm order be returned without you having first applied for and obtained the written consent of the Company. A handling charge may be deducted from any credit allowed by the Company where it is established that the reason for the return of Goods was not the subject of Clauses 10 or 17 hereof or due to any error on the part of the Company.
You shall indemnify the Company against all damages, penalties, costs, losses and expenses suffered by the Company or for which it may become liable in respect of the infringement of any intellectual property including (but without limitation) any patent, copyright, registered design, trade mark, trade name or know how arising out of the Company’s manufacture of Goods in accordance with any specification design drawings or other data supplied by you or its servants or agents.
a) The copyright and all other intellectual property rights in the material contained in the Website, together with the website design, text and graphics and their selection and arrangement and all software compilations, underlying source code and software (including applets) belongs to the Company, its subsidiaries or the providers of such information. All rights are reserved. None of this material may be reproduced or re-distributed without the Company's written permission.
b) "Mattalex" is a trade mark of the Company. Other product and company names (if any) mentioned on this Website may be the trade marks or registered trade marks of their respective owners.
The Company shall be entitled without liability on its part and without prejudice to its other rights, to terminate the contract or any unfulfilled part thereof, or at its option to suspend or make partial deliveries or extend the time or times for delivery, if the manufacture of the Goods by the Company’s suppliers, or the delivery of the Goods or the performance by the Company of any of its obligations under the contract is hindered or delayed whether directly or indirectly by reason of you failing to furnish necessary instructions or information, or by war or other hostilities, civil commotion, act of God, government action or legislation, interruption of transport, strike, lock out or other form of industrial action (including, without limitation, labour disputes with the Company’s or any sub-contractor’s employees), accidents or stoppages to works, shortage of labour, materials, equipment, fuel of power, breakdown of machinery or any other cause whatsoever beyond the reasonable control of the Company or its sub-contractors whether or not such cause exists at the date of the order.
a) The risk of loss of Goods shall pass to you on delivery. The property of the Goods shall not pass to you until they have been paid for in full.
b) In respect of Goods which have not been paid for in full;
i) You will hold the Goods in a fiduciary capacity for the Company as bare trustee.
ii) You shall store the Goods separate from other goods and mark the same as the Company's property, or otherwise store them in a manner that indicates the Company’s ownership of the Goods.
iii) You will allow the Company to repossess the Company’s Goods on demand and for this purpose grants the Company an irrevocable right, by the Company’s servants, agents or otherwise and by whatever means the Company deems necessary, to enter at a reasonable hour upon any or all of your premises or any other premises where the Goods are kept, in respect of which you are able to grant such a right of entry. The Company shall be entitled, where the Goods have been fixed or attached to any other product, to detach the Goods in order to gain possession of them. Such redelivery or retaking of possession shall be without prejudice to your obligation to purchase the Goods.
iv) Subject to the Company’s approval of the re-sale price and any terms or conditions of an individual sub-sale, you may sell the Goods to third parties, but in doing so you shall be acting on the Company’s behalf as bare trustee and agent for the Company and any such sub-sale to another party shall not be a sale in the ordinary course of your business. The Company shall be entitled to the whole of the proceeds of any such sub-sale and you shall pay the same into a separate bank account and account for the same to the Company.
v) The Company shall be entitled to the benefit of any claims you may have against a sub-buyer in respect of the Goods.
a) This Clause applies if:-
i) you becomes insolvent or makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction): or
ii) an encumbrancer takes possession, or a receiver or administrative receiver is appointed, of any of your property or assets; or
iii) you cease, or threatens to cease, to carry on business; or
iv) the Company reasonably apprehends that any of the events mentioned above is about to occur in relation to you and notifies you accordingly.
b) If this Clause applies, then without prejudice to any other right or remedy available to the Company, the Company shall be entitled to cancel the contract or suspend any further deliveries under the contract without any liability to you, and if the Goods have been delivered but not paid for, the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
If at any time any question, dispute or difference whatsoever shall arise between you and the Company upon or in relation to or in connection with the contract, either party may give the other notice in writing of the existence of such question, dispute or difference, and the same shall be referred to the arbitration of a person to be mutually agreed upon, or failing agreement within 30 days of receipt of such notice, of some person appointed by the President for the time being of the Institution of Electrical Engineers in Great Britain. A submission to arbitration under this Clause shall be deemed to be a submission to a sole arbitrator pursuant to the Arbitration Act 1950 or any statutory modification or re-enactment thereof. Any such arbitration shall be held in London, England.
The Company complies with all applicable data protection laws in the UK. Unless otherwise indicated in writing, you expressly agree that the Company may use information about you obtained under these Conditions for the purpose of sending you promotions offered by the Company and/or any trustworthy third parties.
If you have any complaints, please contact Mattalex via email on
sales@mattalex.co.uk, post at Mattalex Emergency Lighting Limited (MELL)
13 The Quadrangle, Grove Technology Park, Downsview Road, Wantage, Oxfordshire OX12 9FA United Kingdom, telephone on
+44 (0)1235 773520
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