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1. Our Site uses cookies to distinguish you from other users of our Site. This helps us to provide you with a good experience when you browse our Site and also allows us to improve our Site.

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1. GENERAL

This document (together with the documents referred to on it) tells you the terms of use on which you may make use of Our website www.marmaxproducts.co.uk ("Site"), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the Site. By using Our Site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using Our Site.

2. INFORMATION ABOUT US

Our Site operated by Marmax Products Ltd ("We" "Us" "Our"). We are registered in England and Wales under company number 00174855 and have Our registered office at 148 Garnet Road, Leeds LS11 5LA. Our VAT number is 174855.

3. ACCESSING OUR SITE

3.1 Access to Our Site is permitted on a temporary basis, and We reserve the right to withdraw or amend the service We provide on Our Site without notice (see below). We will not be liable if for any reason Our Site is unavailable at any time or for any period.

3.2 From time to time, We may restrict access to some parts of Our Site, or Our entire Site, to users who have registered with Us.

3.3 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of Our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by Us, at any time, if in Our opinion you have failed to comply with any of the provisions of these terms of use.

3.4 You are responsible for making all arrangements necessary for you to have access to Our Site. You are also responsible for ensuring that all persons who access Our Site through your internet connection are aware of these terms, and that they comply with them.

4. INTELLECTUAL PROPERTY RIGHTS

4.1 We are the owner or the licensee of all intellectual property rights in Our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

4.2 You may print off one copy, and may download extracts, of any page(s) from Our Site for your personal reference and you may draw the attention of others within your organisation to material posted on Our Site.

4.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

4.4 Our status (and that of any identified contributors) as the authors of material on Our Site must always be acknowledged.

4.5 You must not use any part of the materials on Our Site for commercial purposes without obtaining a licence to do so from Us or Our licensors.

4.6 If you print off, copy or download any part of Our Site in breach of these terms of use, your right to use Our Site will cease immediately and you must, at Our option, return or destroy any copies of the materials you have made.

5. RELIANCE ON INFORMATION POSTED

Commentary and other materials posted on Our Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to Our Site, or by anyone who may be informed of any of its contents.

6. OUR SITE CHANGES REGULARLY

We aim to update Our Site regularly, and may change the content at any time. If the need arises, We may suspend access to Our Site, or close it indefinitely. Any of the material on Our Site may be out of date at any given time, and We are under no obligation to update such material.

7. OUR LIABILITY

7.1 The material displayed on Our Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, We, other members of Our group of companies and third parties connected to Us hereby expressly exclude:

7.1.1 All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and

7.1.2 Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with Our Site or in connection with the use, inability to use, or results of the use of Our Site, any websites linked to it and any materials posted on it, including:

7.1.2.1 loss of income or revenue;

7.1.2.2 loss of business;

7.1.2.3 loss of profits or contracts;

7.1.2.4 loss of anticipated savings;

7.1.2.5 loss of data;

7.1.2.6 loss of goodwill; and

7.1.2.7 wasted management or office time,

whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

7.2 This does not affect Our liability for death or personal injury arising from Our negligence, or Our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.

8. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

We process information about you in accordance with Our privacy policy. By using Our Site, you consent to such processing and you warrant that all data provided by you is accurate.

9. TRANSACTIONS CONCLUDED THROUGH OUR SITE

Contracts for the supply of goods formed through Our Site, or as a result of visits made by you, are governed by Our terms and conditions of sale.

10. UPLOADING MATERIAL TO OUR SITE

10.1 Any material you upload to Our Site will be considered non-confidential and non-proprietary, and We have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to Our Site constitutes a violation of their intellectual property rights, or of their right to privacy.

10.2 We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of Our Site.

10.3 We have the right to remove any material or posting you make on Our Site if, in Our opinion, such material is in any way deemed to be inappropriate.

11. VIRUSES, HACKING AND OTHER OFFENCES

11.1 You must not misuse Our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to Our Site, the server on which Our Site is stored or any server, computer or database connected to Our Site. You must not attack Our Site via a denial-of-service attack or a distributed denial-of service attack.

11.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Our Site will cease immediately.

11.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Our Site or to your downloading of any material posted on it, or on any website linked to it.

12. LINKING TO OUR SITE

12.1 You may link to Our home page, provided you do so in a way that is fair and legal and does not damage Our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on Our part where none exists.

12.2 You must not establish a link from any website that is not owned by you.

12.3 Our Site must not be framed on any other Site, nor may you create a link to any part of Our Site other than the home page. We reserve the right to withdraw linking permission without notice.

12.4 If you wish to make any use of material on Our Site other than that set out above, please address your request toinfo@marmaxproducts.co.uk.

13. LINKS FROM OUR SITE

Where Our Site contains links to other Sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those Sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

14. JURISDICTION AND APPLICABLE LAW

14.1 The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to Our Site although We retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

14.2 These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

15. VARIATIONS

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes We made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on Our Site.

16. YOUR CONCERNS

If you have any concerns about material which appears on Our Site, please contact info@marmaxproducts.co.uk.

Thank you for visiting Our Site.

Last updated: 28/01/2013

 

Marmax Products Limited is Registered in England. Number 01661404.

1. DEFINITIONS

'Company' any one of the companies named above.

'Contract' the contract between the Company and the Customer for the sale and purchase of the Goods in accordance with these Conditions.

'Customer' the person buying the goods.

'Goods' the goods, materials or services set out in the Order.

'Order' the Customer's order for the Goods.

2. ORDERS AND QUOTATIONS

2.1 All Orders are accepted subject to these terms and conditions ("Conditions"). All other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing are expressly excluded.

2.2 Quotations for the Goods given by the Company shall not constitute an offer. A quotation shall only be valid for 30 days from its date of issue. Where an Order is received for a quantity less than quoted, or where delivery is required in instalments smaller than those in the quotation, the price quoted may be subject to an increase.

2.3 The weights, dimensions, capacities, performances, ratings and other data included in catalogues, advertisements, websites, and price lists merely constitute an approximate guide. They do not form part of any Contract unless expressly set out in the Order and stated therein to be accurate.

2.4 The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise or representation made or given on behalf of the Company.

3. PRICE AND PAYMENT

3.1 The price of the Goods shall be the price set out in the Order, or, if no price is quoted, the price set out in the Company's published price list in force as at the date of delivery.

3.2 Prices are inclusive of costs and charges of packaging, transport and delivery to the Delivery Location (as defined in clause 5.2).

3.3 Prices are exclusive of VAT which shall be payable by the Customer on receipt of a valid VAT invoice from the Company.

3.4 The Company may invoice the Customer on or at any time after the Goods leave the Company for delivery. The Customer shall pay the invoice within 30 days of the end of the month in which the invoice was dated.

3.5 The Company may charge interest on an overdue amount under the Contract, at the rate of 4% per annum above the Bank of England's base rate from time to time. Interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgement.

4. QUALITY

4.1 The Company warrants that, at the time of delivery, the Goods shall:

4.1.1 confirm in all material respects with the Company's Specification for the Goods from time to time; and

4.1.2 be free from material defects in design, materials and workmanship.

4.2 Subject to clause 4.3, if the Customer gives notice in writing to the Company:

4.2.1 within 48 hours of delivery (or within 48 hours of becoming aware in the case of latent defects) that some or all of the Goods do not comply with the warranty set out in clause 4.1;

4.2.2 the Company is given the opportunity to examine such Goods; and

4.2.3 the Customer (if asked to do so by the Company) returns such Goods to the Company's place of business at the Customer's cost, then the Company shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full.

4.3 The Company shall not be liable for any failure to comply with the warranty set out in clause 4.1 if:

4.3.1 the Customer makes further use of such Goods after giving notice in accordance with clause 4.2;

4.3.2 the defect arises due to an act or omission of the Customer, (incorrect storage, use);

4.3.3 the defect arises due to fair wear and tear, wilful damage or abnormal storage or working conditions; or

4.3.4 the Customer alters or repairs the Goods without the written consent of the Company.

4.4 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.

5. DELIVERY

5.1 The Company shall ensure that each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, all relevant Customer and Company references, the type and quantity of the Goods and, if the Order is being delivered by instalments, the outstanding balance of the Goods remaining to be delivered.

5.2 The Company shall delivery the Goods to the location set out in the Order or such other location as the parties agree ("Delivery Location"). Delivery of the Goods shall be completed on the Goods' arrival at the Delivery Location.

5.3 Any times quoted for the delivery of the Goods are approximate only and the time of delivery shall not be of the essence. The Company shall not be liable for any loss, injury, damage or expenses incurred or suffered as a result of any delay in delivery.

5.4 The Customer shall not be entitled to reject the Goods if the Company delivers 10% more or less than the quantity ordered, but a pro rata adjustment shall be made to the corresponding invoice to cover any such variations.

5.5 Goods may be delivered by instalments. Each instalment shall be deemed to be a separate contract, but payments shall be made in accordance with clause 3.4 as a condition precedent to future deliveries. Any delay in delivery shall not entitle the Customer to cancel any other instalment.

5.6 If the Company fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available less the price of the Goods. The Company shall have no liability for any failure to deliver the Goods to the extent such failure is caused by a Force Majeure Event (as defined in clause 9.1) or the Customer's failure to provide adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.

5.7 The Customer shall notify the Company should any Goods fail to arrive within 7 days of being despatched, the date of despatch to be taken as that shown on the invoice given or sent to the Customer or 7 days after receipt of such invoice if later.

6. RISK AND TITLE

6.1 The risk in the Goods shall pass to the Customer on completion on delivery as described in clause 5.2.

6.2 Title in the Goods will remain with the Company until the Company has received payment in full and in cleared funds for the Goods and for any other goods or services that the Company has supplied to the Customer in respect of which payment has become due.

6.3 Until title to the Goods pass passed to the Customer, the Customer shall:

6.3.1 hold the Goods on a fiduciary basis as the Company's bailee;

6.3.2 store the Goods separately from all of other goods so they remains readily identifiable as the property of the Company;

6.3.3 not remove, deface or obscure any identifying mark or packing on or relating to the Goods;

6.3.4 keep the Goods in satisfactory condition and keep them insured; and

6.3.5 notify the Company immediately if it becomes subject to any of the events in clause 7.2, but the Customer may resell or use the Goods in the ordinary course of its business. If the Goods are resold the Customer shall pay to the Company an amount of the proceeds as is necessary to pay all sums due for the Goods. Until such payment is made the Customer shall hold the proceeds on trust for the Company.

6.4 If before title to the Goods passes to the Customer the Customer becomes subject to any of the events in clause 7.2 then, provided that such Goods have not been resold and without limiting any other right or remedy the Company may have, the Company may at any time require the Customer to deliver up such Goods and, if the Customer fails to do so, enter the premises of the Customer or of any third party where the relevant Goods are stored in order to recover them.

6.5 In the event that the Company has to exercise its rights under clause 6.4, the Customer shall fully indemnity the Company for all costs and expenses suffered or incurred by the Company in connection with the exercise of such rights.

7. TERMINATION

7.1 If the Customer becomes subject to any of the events listed in clause 7.2, or the Company reasonably believes that the Customer is about to become subject to any of them and notifies the Customer accordingly, then, without limiting any other right or remedy available to the Company, the Company may cancel or suspend all further deliveries under the Contract or under any other contract between the parties, and all outstanding sums in respect of the Goods delivered to the Customer shall become immediately due.

7.2 For the purposes of clause 7.1, the relevant events are:

7.2.1 the Customer defaults in the performance of any of its obligations under this agreement;

7.2.2 the Customer makes or proposes any composition or scheme of arrangement with its creditors;

7.2.3 the Customer permits execution to be levied against any of its assets;

7.2.4 the Customer ceases to carry on business;

7.2.5 the Customer has a receiver or administrative receiver appointed over its assets or has an administrator appointed or a petition is presented or a resolution passed for its winding up (otherwise than for the purposes of reorganisation); or

7.2.6 being an individual) the Customer is the subject of a bankruptcy petition or order.

7.3 Termination of the Contract, however arising, shall not affect any of the parties' rights and remedies that have accrued at termination. Clauses which expressly or by implication survive termination shall continue in full force and effect.

8. LIABILITY

8.1 Nothing in these Conditions shall limit or exclude the Company's liability for:

8.1.1 death or personal injury cause by its negligence;

8.1.2 fraud or fraudulent misrepresentation;

8.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979; and

8.1.4 defective products under the Consumer Protection Act 1987.

8.2 Subject to clause 8.1 the Company shall under no circumstances be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty of otherwise for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract.

8.3 Subject to clause 8.1 the Company's total liability to the Customer in respect of all losses arising under or in connection with the Contract shall in no circumstances exceed the price of the Goods.

9. GENERAL

9.1 The&