1. General
1.1. These Conditions shall supersede all earlier conditions of MSL
1.2. These conditions shall take precedence over any conditions of the Customer
and shall not be varied without the written consent of a director of MSL.
2. Definitions
2.1. "MSL" means Model Shop, 86-88 Crossgates Road, Leeds, LS15 7NL.
2.2. "Customer" means the person, firm or company buying or agreeing
to buy goods and services from MSL.
2.4. "Price Paid" means the price paid by the Customer for the
Product excluding carriage and any credit surcharge. The Price Paid is stated
on the Order Confirmation.
2.5. "Order Confirmation" means the acknowledgement of the Customer's
order sent to the Customer by MSL.
2.6. "Product" means any goods supplied to the Customer by MSL.
3. Prices and Ordering
3.1. Unless otherwise stated all prices are exclusive of delivery, insurance
and installation.
3.2. The price payable by the Customer will be the price current at the date of
the order.
3.3. Reservation of Products does not constitute an order and is not binding on
either party.
3.4. Orders are accepted by writing, Internet, telephone or fax. Orders are
only binding when MSL accepts payment in full for the order and the customer
receives payment confirmation in writing.
3.6. Acceptance of your order and the completion of the contract between you
and us will take place on dispatch to you of the products ordered unless we
have notified you that we do not accept your order or you have cancelled it.
3.6. Errors and omissions are excepted. Images are for illustrative purposes
only.
4. Payment
4.1. Payment is due on demand and in any event must be made within 30 days of
the invoice date.
5. Delivery
5.1. Any delivery date stated is only a warranty by MSL to use reasonable
endeavours to effect delivery by that date. No liability will be accepted by
MSL for failure to meet a stated delivery date. You should read and understand
the information set out in
Shipping & Returns Page.
5.2. Products supplied by MSL are delivered at the risk of MSL. Customers must
make a claim for damage or loss of the goods in writing: -
5.2.1. if a Product is damaged, within 72 hours of delivery; and
5.2.2. if a Product has been lost or is short, within 48 hours of delivery.
No claim for loss or damage will be allowed if the Customer claims outside the
above time limit.
5.3. If payment is made by credit or debit card, delivery will be made to the
statement address of the cardholder.
5.4. We can only ship to geographical addresses. PO Box and BFPO addresses will not be accepted.
6. Consumer Rights
6.1. If you are a consumer (a private person buying for their personal use)
then you may cancel your purchase at any time within 7 days of receipt and we
will give you a refund of the Price Paid. You must inform MSL in writing and return
the Products to us immediately in the same condition you received them, at your
own cost and risk.
6.2. If a customer wishes to return Products not covered by clause 6.1 then
such Products will be accepted at the discretion of MSL. The customer will be
credited with the current market price.
7. Guarantee
7.1. If within 12 months of being delivered a defect in any Product is
discovered which is directly due to faulty goods or workmanship, or if a valid
claim is made under 5.2 above, then MSL shall at its option repair or replace
the Product free of charge for labour and materials.
7.2. A Product covered by a direct warranty from the manufacturer is not
covered by this guarantee. The Customer will receive a warranty direct from the
manufacturer and should claim under this warranty.
7.3. The Customer should return the Product in its original packaging to MSL at
the address above.
7.4. All Products are sold as individual components. All returns must comprise
of only the defective Product.
7.5. If any item is returned which is found not to be faulty by our
technicians, then a charge will be made for return carriage insurance and
administration.
7.6. This clause does not affect your statutory rights.
8. Limitation of Liability
8.1. MSL accepts liability for any private property loss or damage, death
or personal injury caused directly by the negligence or deliberate misconduct
of MSL or its employees. Except for death or personal injury, this liability
shall be limited to the lesser of £250,000 or the Price Paid.
8.2. MSL shall not be liable for any financial consequential indirect or other
losses suffered by the Customer or any third party whether such loss arises in
contract or tort or in any other way.
9. Uncontrollable Events and Delays
9.1. In case of delays caused by circumstances beyond the control of MSL or
it's suppliers, MSL shall have the right to either suspend delivery or to
cancel the contract without liability.
9.2. Examples of Uncontrollable Events are (by way of example and not limited
to) strike, lockout, riot, revolution, war, epidemic, working difficulties,
transportation difficulties, fire, and failure of suppliers or official
regulations.
10. Customers Obligations
10.1. You are responsible for your own choice of Product and the suitability
for any particular purpose. You must ensure that any Products are compatible.
10.2. Images are for illustration purposes only.
10.3. Specifications are correct as per manufacturer information.
10.4. You must provide reasonable courtesy information and co-operation to MSL.
11. Title and Risk
11.1. Until full payment has been received by MSL for all Products whatsoever,
supplied at any time by MSL to the Customer: -
11.1.1. property of the Products shall remain in MSL;
11.1.2. the Customer shall store the Products in such a way that they can be
readily identified as being the property of MSL, and at all times in accordance
with MSL recommendations;
11.1.3. subject to 11.1.4 and 11.1.5 below the Customer shall be at liberty in
its own name (but not on behalf of or in the name of MSL) to sell the Products
in the ordinary course of business, on the basis that any proceeds of sale
shall be the property of and be held on trust for MSL;
11.1.4. MSL may at any time suspend or revoke the Customers power of sale by
notice in writing to the Customer if the Customer is in default for longer than
14 days in payment of any sum whatsoever due to MSL or if any Bill of Exchange,
cheque or other negotiable instrument drawn or accepted or endorsed by the
Customer is dishonoured on presentation for payment;
11.1.5. the Customer's power of sale will automatically determine if a Receiver
is appointed over any of the assets or the undertaking of the Consumer or a
winding up order is made against the Consumer or the Consumer goes into
voluntary liquidation (otherwise than for the purpose of reconstruction or
amalgamation) or causes a meeting of, or makes any arrangement or composition
with creditors or commits any act of bankruptcy;
11.1.6. upon revocation of the power of sale under clauses 11.1.4 and 11.1.5
above the Customer shall place the Products at the disposal of MSL, who shall
be entitled to enter upon any premises of the Customer for the purposes of
removing the Products from the premises.
11.1.7. The risk in the goods shall pass from the seller to the buyer upon
delivery of such goods to the buyer. However, notwithstanding delivery and the
passing of risk in the goods, title and property in the goods, including full
legal and beneficial ownership, shall not pass to the buyer until the seller
has received in cash or cleared funds payment in full for all goods delivered
to the buyer under this and all other contracts between the seller and the
buyer for which payment of the full price of the goods thereunder has not been paid.
Payment of the full price of the goods shall include the amount of any interest
of other sum payable under the terms of this and all other contracts between
the seller and the buyer under which the goods were delivered.
12. Marketing Emails
12.1 'Marketing Emails' refers to any promotional email communication. The
information transmitted in these emails is intended only for the person(s) or
entity to which it is addressed and may contain proprietary, confidential
and/or privileged material. If you have received an email in error, please
contact the sender. Although the emails and any attachments are believed to be
free of any virus, it is the responsibility of the recipient to ensure that
they are virus free and no responsibility is accepted by the sender for any
loss or damage arising in any way from the receipt or use thereof. Errors and
omissions are excepted. Images are used for illustrative purposes only. Prices
valid for the indicated time period only. Offer pricing only available on the
online store.
13. Miscellaneous
13.1. If any part of these Terms and Conditions are found to be invalid or
unenforceable by a court the rest are unaffected.