Terms & Conditions
These terms and conditions govern the use of our DuctHub website. Please read these terms in full before you use this website. If you do not accept these terms and conditions, please do not use this website. Your continued use of this website confirms your acceptance of these terms.
It is not necessary to register with us in order to use most parts of this website. However, particular areas of this website will only be accessible if you have registered.
USE OF WEBSITE
This website may be used for your own private purposes and in accordance with these terms and conditions. You may print and download material from this website provided that you do not modify or reproduce any content without Monmouth’s prior written consent.
Whilst we do take all reasonable steps to make sure that the information on this website is up to date and accurate at all times, we do not guarantee that all material is accurate and / or up to date. All material contained on this website is provided without any warranty of any kind. Customers use the material on this website at their own discretion.
EXCLUSION OF LIABILITY
DuctHub and Monmouth Scientific Limited do not accept liability for any loss or damage that anyone suffers as a result of using this website. Nothing in these terms and conditions shall exclude or limit liability for death or personal injury caused by negligence, which cannot be excluded from or comes under the law of the United Kingdom.
In these conditions:---
• “Buyer” means the person who accepts a quotation of the Seller for the sale of the Goods or whose order for the Goods is accepted by the Seller
• “Conditions” means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Buyer and the Seller
• “Contract” means the contract for sale of the Goods the terms of which are set out in these Conditions
• “Goods” means the goods (including any installment of the goods or any parts for them), which the Seller is to supply in accordance with these Conditions
• “Seller” means Monmouth Scientific Limited trading as DuctHub
• “Quotation” means the form setting out the price, quantity, specification and quality of the Goods
• “Writing” includes facsimile, e-mail and comparable means of communication
Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time. The headings in these Conditions are for convenience only and shall not affect their interpretation. Where there is any conflict between the rights and duties and obligations of the parties as set out in such definition and those set out in this Agreement then the provisions of this Agreement shall prevail.
All reasonable measures are taken by Monmouth to ensure that this website is operational all day, every day. However, occasionally technical issues may result in some downtime and accordingly we will not be liable if this website is unavailable at any time. Where possible Monmouth will give its customers advanced warning of maintenance issues that may result in website down time, but we shall not be obliged to provide such notice.
VISITOR PROVIDED MATERIAL
When using this website you shall not post or send to or from this website any material:---
• for which you have not obtained all necessary consents
• that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom
• which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
Monmouth will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of the above Paragraph.
Throughout this website you may find links to third party websites. The provision of a link to such a website does not mean that we endorse that website. If you visit any website via a link on this website you do so at your own risk. Any party wishing to link to this website is entitled to do so provided that the conditions below are observed:---
• you do not seek to imply that Monmouth are endorsing the services or products of another party unless this has been agreed with us in writing
• you do not misrepresent your relationship with this website
• the website from which you link to this website does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party
By linking to this website in breach of any of the above clauses you shall indemnify us for any loss or damage suffered to this website as a result of such linking.
BASIS OF THE SALE
The Seller shall sell and the Buyer shall purchase the Goods in accordance with any written Quotation of the Seller which is accepted by the Buyer, or any written order of the Buyer which is accepted by the Seller, subject in either case to these Conditions, which shall govern the Contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made by the Buyer. No variation to these Conditions shall be binding unless agreed in writing between the authorised representative of the Buyer and a Director of the Seller. The Seller’s employees or agents are not authorised to make any representation concerning the Goods unless confirmed by the Seller in writing. In entering into the Contract the Buyer acknowledges that it does not rely on, and waives any claim for breach of, any such representations, which are not so confirmed.
Any advice or recommendation given by the Seller or its employees or agents to the Buyer or its employees or agents as to the storage, application or use of the Goods which is not confirmed in writing by the Seller is followed or acted upon entirely at the Buyer’s own risk, and accordingly the Seller shall not be liable for any such advice or recommendation which is not so confirmed.
Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
ORDERS AND SPECIFICATIONS
The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Buyer, and for giving the Seller any necessary information relating to the Goods within a sufficient time to enable the Seller to perform the Contract in accordance with its terms.
The quantity, quality and description of any specification for the Goods shall be those set out in the Buyer’s order (if accepted by the Seller).
The Seller reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable safety or other statutory requirements or, where the Goods are to be supplied to the Seller’s specification, which do not materially affect their quality or performance.
No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in writing of the Seller and on terms that the Buyer shall indemnify the Seller against all loss (including loss of profits), costs (including loss of all labour and materials used), damages, charges and expenses incurred by the Sellers as a result of cancellation.
PRICE OF THE GOODS
The price of the Goods shall be the price listed in the Seller’s published price list current at the date of acceptance of the order.
Where the Goods are supplied for export from the United Kingdom, the Seller’s published export price list shall apply.
The Seller reserves the right, by giving notice to the Buyer at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to the Seller which is due to any factor beyond the control of the Seller (such as, without limitation, any foreign fluctuation, currency regulation, alteration of duties, significant increase in costs of labour, unforeseen costs within site surveys and/or installations, materials or other costs of manufacture), any change in delivery date, quantities or specifications for the Goods which is requested by the Buyer, or any delay caused by any instructions of the Buyer or failure of the Buyer to give the Seller adequate information or instructions.
The price is exclusive of any applicable value added tax and the cost of any certificate of conformity supplied, which the Buyer shall be additionally liable to pay the Seller.
The cost of pallets and returnable containers will be charged to the Buyer in addition to the price of the Goods, but full credit will be given to the Buyer provided they are returned undamaged to the Seller before the due payment date.
TERMS OF PAYMENT
Subject to any special terms agreed in writing between the Buyer and the Seller, the Seller shall be entitled to invoice the Buyer for the price of the Goods on or at any time before delivery of the Goods, unless the Goods are to be collected by the Buyer or the Buyer wrongfully fails to take delivery of the goods, in which event the Seller shall be entitled to invoice the buyer for the price at any time after the Seller has notified the Buyer that the Goods are ready for collection or (as the case may be) the Seller has tendered delivery of the Goods.
The Buyer shall pay the price of the Goods at the point of order. The time of payment of the price shall be of the essence of the Contract.
If the Buyer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to:---
• cancel the contract, suspend any further deliveries and stop any Goods in transit
• appropriate any payment made by the Buyer to such of the Goods (or the goods supplied under any other contract between the Buyer and the Seller) as the Seller may think fit (notwithstanding any purported appropriation by the Buyer)
• charge the Buyer interest (both before and after any judgment) on the amount unpaid, at the rate of 8% per annum above the base rate of Lloyds TSB Plc from time to time, until payment is made in full
Any dates quoted for delivery of the Goods are approximate only and the Seller shall not be liable for any delay in delivery of the Goods howsoever caused. Time for delivery shall not be of the essence unless previously agreed in writing by the Seller. The Goods may be delivered by the Seller in advance of the quoted delivery date upon giving reasonable notice to the Buyer. The Seller reserves the right to deliver orders in part or in whole. Where the Goods are to be delivered in installments, each delivery shall constitute a separate contract and failure by the Seller to deliver any one or more of the installments in accordance with these Conditions or any claim by the Buyer in respect of any one or more installments shall not entitle the Buyer to treat the Contract as a whole as repudiated.
If the Seller fails to deliver the Goods for any reason other than any cause beyond the Seller’s reasonable control or the Buyer’s fault, and the Seller is accordingly liable to the Buyer, the Seller’s liability shall be limited to the excess (if any) of the cost to the Buyer (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods.
If the Buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of the Seller’s fault) then without prejudice to any other right or remedy available to the Seller, the Seller may:---
• store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage; or
• sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract or charge the Buyer for any shortfall below the price under the Contract.
WARRANTIES AND LIABILITY
The Seller warrants that the Goods comply with the sale of Goods Act. This Warranty is given by the Seller subject to the following conditions:---
• the Seller shall be under no liability in respect of any defect in the Goods arising from any drawing, design or specification supplied by the Buyer
• the Seller shall be under no liability in respect of any defect arising from fair wear and tear, willful damage, negligence, abnormal working conditions, failure to follow the Seller’s instructions (whether oral or in writing), misuse or alteration or repair of the Goods without the Seller’s approval
• any failure by the Buyer to comply with these Conditions shall render void any claim which the Buyer might otherwise have against the Seller
The above warranty does not extend to parts, materials or equipment not manufactured by the Seller, in respect of which the Buyer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to the Seller. Except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. Any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by the Buyer) be notified by the Buyer within 3 days from the date of receipt of the Goods. If the Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the Goods and the Seller shall have no liability for such defects or failure, and the buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.
When any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to the Seller in accordance with these Conditions, the Seller shall be entitled to replace or repair the Goods (or the part in question) free of charge, or at the Seller’s sole discretion, refund to the Buyer the price of the Goods (or a proportionate part of the price), but the Seller shall have no further liability to the Buyer.
Except in respect of death or personal injury caused by the Seller’s negligence, the Seller shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any consequential loss or damage (whether for loss or profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer, except as expressly provided in these Conditions. While the Seller will on request endeavour to provide technical advice and assistance concerning the Goods, all such technical advice or assistance is given gratis and the Seller assumes no obligation or liability for advice or assistance given.
No express or implied warranty is given by the Seller in respect of the service life of the Goods supplied nor that they are suitable for a particular purpose or for use under any specific conditions notwithstanding that such purpose or conditions may be known or made known to the Seller. The Seller shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Seller’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Seller’s reasonable control. Without prejudice to the generality of the foregoing, strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party) shall be regarded as causes beyond the Seller’s reasonable control
Where the Buyer wishes to return an unwanted or incorrectly-ordered item, upon receipt of the goods ordered in a saleable condition, the Seller reserves the right to deduct a restocking charge of 15% of the original invoice value of the goods, together with the total carriage / shipping cost of the Goods, from any refund given.
If the Goods have been ordered over the telephone, the 2% Credit Card transaction charge incurred by the Buyer will also not be refunded.
All these costs will be exclusive of VAT.
No Goods will be accepted for such return after 30 days from the date of delivery.
All Goods returned must be in ‘as new’ condition in the manufacturer’s original packaging, unsoiled and undamaged.
No Goods will be accepted for a refund where the original packaging is not provided, or any shrink-wrap packaging or seals are broken.
INSOLVENCY OF BUYER
Orders accepted by the Seller shall not be cancelled except with the Seller’s consent in writing and will be subject to a cancellation charge. If the Buyer shall make default in or commit a breach of the Contract, or of any other of his obligations to the Seller, either on this contract or any others, the Seller shall have the right forthwith to determine any contract then subsisting. This clause applies if:---
• the Buyer makes any voluntary arrangement with its creditors or becomes subject to an administrative order (or being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction)
• an encumbrance takes possession of, or a receiver is appointed in relation to, any of the property or assets of the Buyer
• the Buyer ceases, or threatens to cease, to carry on business
• the Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly
If this clause applies, then without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Buyer, 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 the Buyer requests on-site installation at an additional cost, we accept no liability for any personal injury, damage to property or consequential loss caused by the defective carrying out of such installation, otherwise than in circumstances of negligence on our part.
Separate binding particulars will be issued if installation is required.
COPYRIGHT AND CONFIDENTIALITY
The copyright in all the Seller’s documents including drawings and sketches furnished by the Seller to the Buyer for the purposes of this Contract, shall at all times remain vested in the Seller and neither they nor their contents shall be used for any purposes other than that for which they were furnished without the Seller’s express written consent.
The Seller shall not be liable to the Buyer in any manner whatsoever for any failure or delay in performing it’s obligations under the Contract due to force majeure which expression for the purposes of these Conditions means any cause beyond the reasonable control of the Seller which for the avoidance of doubt and without prejudice to the generality of the foregoing shall include governmental actions, war, riots, civil commotion, fire, flood, epidemic, labour disputes involving the work force or any part thereof of the party in question, restraints or delays affecting shipping or carriers, inability or delay in obtaining supplies of adequate or suitable materials, currency restrictions and Acts of God.
Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
No waiver by the Seller of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby. The Buyer will if requested by the Seller provide two satisfactory written trade references, and one banker’s reference.
Any dispute arising under or in connection with these Conditions or the sale of the Goods shall be referred to arbitration by a single arbitrator appointed by agreement or (in default) nominated on the application of either party by the President for the time being of the Law Society.
Prices and other information contained in the price lists and catalogues are not intended to be part of any contract or agreement.
LAW AND JURISDICTION
The terms and conditions contained in this Contract are governed by the laws of England and Wales, and the parties agree to submit to the non-exclusive jurisdiction of the English Courts.
Any dispute arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the Courts of England and Wales.