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CONDITIONS OF SALE FOR MULTIVAC UK LTD
This page (together with the delivery policy and warranty returns policy) tells you the terms and conditions on which we supply any of the equipment listed on our website www.vacit.com (our site) to you. Please read these terms and conditions carefully before ordering any equipment from our site. You should understand that by ordering any equipment, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please tick the box marked “I Accept” at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any equipment from our site.
1. DEFINITIONS
In these conditions of sale.
(a) “equipment” means the machinery, equipment, spare parts
and all other items supplied under the contract.
(b) “conditions” means these Conditions of Sale.
(c) “contract” means the contract between you and us for the
sale of the equipment.
(d) “manufacturer” means Multivac Sepp Haggenmueller GmbH & Co
KG or the manufacturer of any ancillary equipment which may be required
to complete the contract.
(e) “us” “we” “our” means Multivac
UK Ltd (which shall include our employees and sub-contractors).
(f) “you” “your” means the person who places an
order for equipment on our site.
(g) “intellectual property” means and includes all patents,
copyrights, rights in designs, trade marks, goodwill, domain names and
all other forms of industrial or intellectual property, anywhere throughout
the world, in each case whether registered or unregistered and including
applications for registrations.
www.vacit.com is a site operated by Multivac UK Ltd. We are registered in England and Wales under company number 01865375 and with our registered office at Multivac House, Rivermead Drive, Swindon, Wiltshire SN5 7UY. Our main trading address is Multivac House, Rivermead Drive, Swindon, Wiltshire SN5 7UY. Our VAT number is 417808833.
2. SERVICE AVAILABILITY AND CONTRACT FORMATION
(a) Our site is only intended for use by businesses resident in the United
Kingdom. We do not accept orders from businesses or individuals outside
the United Kingdom.
(b) By placing an order through our site you warrant that your business
is resident in the United Kingdom mainland and that you are not a third
party vendor nor one of our agents.
(c) After placing an order, you will receive an email from us acknowledging
that we have received your order. Please note that this does not mean that
your order has been accepted. Your order constitutes an offer to us to
buy equipment. All orders are subject to acceptance by us, and we will
confirm such acceptance to you by sending you an email that confirms that
the Product has been dispatched (the Dispatch Confirmation).
The contract between us will only be formed when we send you the Dispatch
Confirmation.
(d) The contract will relate only to that equipment whose dispatch we have
confirmed in the Disptach Confirmation. We will not be obliged to supply
any other equipment which may have been part of your order until the dispatch
of such equipment has been confirmed in a separate Dispatch Confirmation.
(e) You may not assign the contract without our prior written approval.
(f) We shall sell and you shall purchase the equipment in accordance with
your order accepted by us.
(g) The headings used in these conditions are for convenience only and
shall not affect their interpretation.
3. PRICE
(a) Unless otherwise expressly stated in writing by us orders are accepted
subject to availability of the equipment from the manufacturer and on
the basis that the price stated is subject to variation to take account
of changes in manufacturer’s prices and where relevant rates of
exchange, freight and insurance rates and import or export duties or
tariffs between the date of order and date of delivery.
(b) No deduction or delay in payment is permitted in respect of set-offs
or counter-claims unless previously agreed by us in writing.
4. PAYMENT
(a) Unless otherwise agreed in writing payment for all equipment shall
be due at the time of order. Payment must be made by Paypal.
(b) In the event that we are unable to accept your order within a reasonable
period of time, we will return your payment via Paypal.
5. DELIVERY AND PASSING OF PROPERTY AND RISK
(a) We will endeavour to fulfil your order by the delivery date set out
in the Disptach Confirmation.
(b) Any period or times stated for delivery are to be regarded as estimates
and whilst we will do our best to keep to such periods and times, no guarantee
is given and we accept no responsibility for loss or damage resulting from
delay in delivery or installation.
(c) Unless otherwise agreed in writing the equipment will be obtained by
us from the manufacturer, and are for delivery at your premises.
(d) The risk in the equipment shall pass to you on delivery.
(e) All intellectual property subsisting in the equipment and/or our business
belongs to us. If the equipment is commissioned by you or its design or
manufacture otherwise includes any specification, input or contribution
from you, you agree that all intellectual property subsisting in it shall
belong to us and you hereby assign all your right, title and interest in
such intellectual property to us and will sign all documents and do all
acts necessary to vest such in us.
6. DESCRIPTIONS
(a) The description of the equipment contained on our site, your
order, our order confirmation and the equipment specification is deemed
to be exhaustive.
(b) All descriptions of equipment are approximate only and intended to
serve merely as a guide and accordingly we shall not be liable for their
accuracy.
(c) All of our catalogues, technical circulars, price lists and other literature
are subject to change at our discretion.
7. GENERAL LIABILITIES
(a) Insofar as the benefit of any guarantee in respect of the equipment
which may be or have been given to us by the manufacturer or the suppliers
may be assignable, you will be entitled to the benefit thereof.
(b) You shall not rely upon any representation as to the quality of the
equipment or as to their fitness for any particular purpose unless the
same shall have been made by us in writing.
(c) We shall not in any circumstances be liable to you in respect of indirect
and/or consequential loss or damage such as (but not limited to) loss of
profit, products, production and pure financial loss arising out of the
contract or in connection with any equipment sold thereunder.
(d) We will, at our discretion, repair or replace defective equipment with
non-defective material and you will only be entitled to reject the equipment
in the event that we are unable to rectify a defect and provided always
that where such a defect is minor, you will only be entitled to a reasonable
negotiation on the purchase price.
(e) Our total liability to you in contract, tort (including negligence
and breach of statutory duty) misrepresentation, restitution or otherwise,
arising in connection with the performance or contemplated performance
of the contract shall be limited to the contract price.
(f) Save as expressly stated herein or in the guarantee supplied with the
equipment, all warranties and conditions whether express or implied by
statute (including in particular Section 13, 14 and 15 of the Sale of Goods
Act 1979), usage, trade custom or otherwise relating to the quality or
nature of the equipment or their life or wear or fitness for any particular
purpose or use under any specific conditions
are hereby expressly excluded.
(g) We will not be liable for loss or damage caused by incorrect use or
unauthorized installation, servicing or modification of the equipment.
(h) You are obliged to undertake regular careful examinations of the equipment
and we will not be liable for loss or damage caused by a defect or danger
which could have been discovered by such an examination.
(i) In the event that we are threatened with or involved in any legal action,
whether civil or criminal, (‘the action”) concerning equipment
supplied to you under the contract:
(i) you will on receipt of a written demand from us make any of the equipment
available to us for inspection at such times as we may reasonably request
and deliver to us copies of all documents in your custody, possession or
control relating to the equipment concerned which are relevant to the action.
(ii) you will assist us in avoiding or defending the action or minimising
the damage resulting from the action including but not limited to tracing
all parties whose products may have been packaged by the equipment.
(j) Our total liability for all claims arising out of any one contract
shall not exceed the contract price.
(k) Each of the sub-clauses in this clause 7 is to be treated as separate
and independent.
(l) Nothing in these conditions shall be deemed to exclude or limit our
liability for death or personal injury resulting from negligence or fraudulent
misrepresentation or any breach of the Consumer Protection Act 1987.
(m) No waiver of any of these conditions shall affect any other condition.
(n)
The provisions of Multivac UK Ltd's Conditions of Sale apply to this warranty.
This warranty does not affect a consumer’s statutory rights.
8. HEALTH AND SAFETY AT WORK ACT
(a) The equipment will be fitted with such guarding and safety devices
as we may consider necessary to ensure, so far as is reasonably practicable,
that it is safe when properly used in accordance with the operating manuals.
You shall be solely responsible for and shall keep us indemnified against
any loss, liability or expense arising directly or indirectly from use
of the equipment other than in accordance
with such operating manuals. If you require any guarding or safety device
addition to the above, this will be provided as an addition to the Equipment
Specification and the price and any estimated times for completion will
be adjusted accordingly. You will be responsible for compliance with any
requirements of local legislation.
(b) You will ensure that only fully trained staff operate the equipment.
9. INSPECTION AND REJECTION
(a) You are obliged to undertake a careful inspection of the equipment
on delivery or collection as the case may be.
(b) You are obliged to notify us in writing prior to completion of the
commissioning of the equipment of any damage, defects, non-compliance with
specification or malfunction (“malfunction”) and we will not
be liable for any malfunction which would have been apparent from a careful
inspection if the terms of this clause are not complied with.
(c) In all cases where malfunction is complained of you will notify us
by telephone within 24 hours and in writing within 48 hours and provide
us with an opportunity to inspect the equipment complained of.
(d) You will not be entitled to reject the equipment or delay payment if
you or your employees servants or agents are responsible for the malfunction
or if in our opinion the malfunction can be rectified by repair at your
premises instead of replacement of the equipment.
10. FORCE MAJEURE
We shall not be responsible for any failure on our part to fulfil any obligations
to you caused by events or circumstances outside our control (which shall
include failure of the manufacturers to deliver the equipment required
by us to fulfil your order).
11. TERMINATION
Without prejudice to any other rights we may by notice in writing to you
terminate any contract forthwith or suspend any further deliveries under
the contract, without any liability to you if:
(a) You shall commit any breach of any of the terms of this or any other
contract with us and on our part to be observed or performed PROVIDED if
such breach is in our opinion remediable that we have previously given
you notice thereof and the same had not been remedied within seven days
thereafter; or
(b) You make a voluntary arrangement with your creditors generally or becomes
subject to an administration order or permit any judgement against you
to remain unsatisfied for seven days; or
(c) Being a Company you shall call any meeting of your creditors or have
a receiver of all or any of your assets appointed or enter into liquidation
or receive a winding up petition, or being an individual or
firm becomes bankrupt, or receives a bankruptcy petition.
(d) We are unable to fulfil your order (in such case we shall refund your
payment in full via Paypal).
12. GENERAL
(a) All contracts shall be governed by and construed in accordance with
English Law and all disputes arising under such contracts shall be submitted
to the exclusive jurisdiction of the English courts.
(b) The parties to the contract do not intend that any term of the contract
will be enforceable by virtue of the Contracts (Rights of Third Parties)
Act 1999 by any person that is not a party to it.
(c) Applicable laws require that some of the information or communications
we send to you should be in writing. When using our site, you accept that
communication with us will be mainly electronic. We will contact you by
email or provide you with information by posting notices on our website.
For contractual purposes, you agree to this electronic means of communication
and you acknowledge that all contracts, notices, information and other
communications that we provide to you electronically comply with any legal
requirement that such communications be in writing. This condition does
not affect your statutory rights.
(d) All notices given by you to us must be given to Mutlivac UK Ltd at
Multivac House, Rivermead Drive, Swindon, Wiltshire SN5 7UY or vacit@multivac.co.uk.
We may give notice to you at either the email or postal address you provide
to us when placing an order, or in any of the ways specified in clause
11 above. Notice will be deemed received and properly served immediately
when posted on our website, 24 hours after an email is sent, or three days
after the date of posting of any letter. In proving the service of any
notice, it will be sufficient to prove, in the case of a letter, that such
letter was properly addressed, stamped and placed in the post, and in the
case of an email, that such email was sent to the specififed email address
of the addressee.
(e) A waiver by us of any default shall not constitute a waiver of any
subsequent default. No waiver by us of any of these terms and conditions
shall be effective unless it is expressly stated to be a waiver and is
communicated to you in writing in accordance with clause 12(d) above.
(f) If any of these terms and conditions or any provisions of a contract
are determined by any competent authority to be invalid, unlawful or unenforceable
to any extent, such term, condition or provision will to that extent be
severed from the remaining terms, conditions and provisions which will
continue to be valid to the fullest extent permitted by law.
(g) These terms and conditions and any document expressly referred to in
them represent the entire agreement between us in relation to the subject
matter of any contract and supersede any prior agreement, understanding
or arrangement between us, whether oral or in writing.
WARRANTY
Multivac UK our specialist UK Vacuum Packing Website VACIT.com VACIT.co.uk are proud of the reputation we have offering the best quality professional vacuum packing equipment.
All our Vacuum Packing Machines and Accessories offer a free 1 year manufacturers warranty covering parts and labour. Please see the terms and conditions of our Warranty for further information. In the unlikely event of any problems please contact us on vacit@multivac.co.uk or 01793 425800 for further information and we will arrange for its repair or replacement parts as appropriate. Please note this 1 Year Manufacturers Warranty does not cover:
• Consumable items such as Sealing Bar Tape, Sealing Bar Wires and
Vacuum Pump Oil
• Damage to Vacuum Pump caused by liquid contamination / spillage
in Vacuum Chamber
• Abnormal use, abuse or accidental damage
• Vacuum Bags / Pouches
EQUIPMENT WARRANTY
1. Multivac UK Ltd warrants that (subject to the other
provision of these conditions) upon delivery and for a period of 12 months
from the date of delivery, the Goods shall:
a) be of satisfactory quality and within the meaning of the Sale of Goods
Act 1979;
b) be fit for the purpose as set out in the specification.
2. Multivac UK Ltd shall not be liable for a breach of
any of the warranties in condition 1 unless:
a) you give us written notice of the defect; and
b) we are given a reasonable opportunity after receiving the notice of
examining such equipment and effecting repair or at our option replace
the equipment or again at our option refund the price of the equipment..
3. Multivac UK Ltd shall not be liable for a breach of
any of the warranties in condition 1 if :
a) you make any further use of such equipment after giving such notice
without our written agreement; or
b) the defect arises because you failed to follow our oral or written instructions
as to the storage, installation, commissioning, use or maintenance of the
equipment or (if there are none) good trade practice; or
c) you alter or repair such equipment without our written agreement.
4. Subject to condition 2 and condition 3 if the equipment does not conform with any of the warranties we shall repair the equipment.
5. The warranties contained in condition 1 shall not
apply to
a) consumable items such as sealing bar tape, sealing bar wires and vacuum
pump oil;
b) damage to vacuum pump caused by liquid contamination / spillage in vacuum
chamber;
c) abnormal use, abuse or accidental damage;
d) vacuum bags / pouches.
6. If we comply with condition 4 we shall have no further
liability for a breach of any of the warranties in condition 1 in respect of
such equipment.
7. The provisions of Multivac UK Ltd's Conditions of Sale apply to this warranty. This warranty does not affect a consumer’s statutory rights.
RETURNS
Due to the nature of the machinery, spares and consumables goods can only be returned if faulty or damaged on receipt, or under exceptional circumstance with the prior written agreement of Multivac UK. This does not affect your statutory rights.
Please notify us immediately if you have any problems with your order on vacit@multivac.co.uk or 01793 425800.
CANCELLATION POLICY
Order can be cancelled at any time up until the point the goods are dispatched. It is not possible to cancel the order after the goods have been dispatched.
PRIVACY POLICY
Multivac UK Limited ("We") are committed to protecting and respecting
your privacy.
This policy sets out the basis on which any personal data we collect from
you, or that you provide to us, will be processed by us. Please read the
following carefully to understand our views and practices regarding your
personal data and how we will treat it.
For the purpose of the Data Protection Act 1998 (the Act), the data controller
is Multivac UK Ltd of Multivac House, Rivermead Drive, Swindon, Wiltshire
SN5 7UY.
Information we may collect from you
We may collect and process the following data about you:
• Information that you provide by filling in forms on our site VACIT.com
and VACIT.co.uk (our site). This includes information provided at the time
of registering to use our site, placing an order, providing feedback or
requesting further information. We may also ask you for information when
you report a problem with our site.
• If you contact us, we may keep a record of that correspondence.
• We may also ask you to complete surveys that we use for research
purposes, although you do not have to respond to them.
• Details of transactions you carry out through our site and of the
fulfilment of your orders.
• Details of your visits to our site including, but not limited to,
traffic data, location data, weblogs and other communication data, whether
this is required for our own billing purposes or otherwise and the resources
that you access.
• Limited credit card transaction records and receipts for
any payments made by phone.
We do not hold or store
• Any customer credit card or other financial details for
any transactions conducted on this website.
IP addresses and cookies
We may collect information about your computer, including where available
your IP address, operating system and browser type, for system administration
and to report aggregate information to our advertisers. This is statistical
data about our users' browsing actions and patterns, and does not identify
any individual.
For the same reason, we may obtain information about your general internet
usage by using a cookie file which is stored on the hard drive of your
computer. Cookies contain information that is transferred to your computer's
hard drive. They help us to improve our site and to deliver a better and
more personalised service. They enable us:
• To estimate our audience size and usage pattern.
• To store information about your preferences, and so allow us to
customise our site according to your individual interests.
• To speed up your searches.
• To recognise you when you return to our site.
• You may refuse to accept cookies by activating the setting on your
browser which allows you to refuse the setting of cookies. However, if
you select this setting you may be unable to access certain parts of our
site and you will not be able to create a shopping basket. Unless you have
adjusted your browser setting so that it will refuse cookies, our system
will issue cookies when you log on to our site.
Where we store your personal data
The data that we collect from you may be transferred to, and stored at,
a destination outside the European Economic Area ("EEA"). It
may also be processed by staff operating outside the EEA who work for us
or for one of our suppliers. Such staff maybe engaged in, among other things,
the fulfilment of your order, the processing of your payment details and
the provision of support services. By submitting your personal data, you
agree to this transfer, storing or processing. We will take all steps reasonably
necessary to ensure that your data is treated securely and in accordance
with this privacy policy.
Where we have given you (or where you have chosen) a password which enables
you to access certain parts of our site, you are responsible for keeping
this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not
completely secure. Athough we will do our best to protect your personal
data, we cannot guarantee the security of your data transmitted to our
site; any transmission is at your own risk. Once we have received your
information, we will use strict procedures and security features to try
to prevent unauthorised access.
Uses made of the information
We use information held about you in the following ways:
• To ensure that content from our site is presented in the most effective
manner for you and for your computer.
• To provide you with information, products or services that you request
from us or which we feel may interest you, where you have consented to
be contacted for such purposes.
• To carry out our obligations arising from any contracts entered
into between you and us.
• To allow you to participate in interactive features of our service,
when you choose to do so.
• To notify you about changes to our service.
We may also use your data to provide you with information about goods and
services which may be of interest to you and we or they may contact you
about these by post or telephone.
If you are an existing customer, we will only contact you by electronic
means (e-mail or SMS) with information about goods and services similar
to those which were the subject of a previous sale to you.
If you are a new customer, we (or they) will contact you by electronic
means only if you have consented to this.
If you do not want us to use your data in this way, or to pass your details
on to third parties for marketing purposes, please tick the relevant box
situated on the form on which we collect your data (the order form). Alternatively,
send an email to vacit@multivac.co.uk stating
this.
Disclosure of your information
We may disclose your personal information to any member of our group, which
means our subsidiaries, our ultimate holding company and its subsidiaries,
as defined in section 736 of the UK Companies Act 1985.
We may disclose your personal information to third parties:
• In the event that we sell or buy any business or assets, in which
case we may disclose your personal data to the prospective seller or buyer
of such business or assets.
• If Multivac UK Ltd or substantially all of its assets are acquired
by a third party, in which case personal data held by it about its customers
will be one of the transferred assets.
• If we are under a duty to disclose or share your personal data in
order to comply with any legal obligation, or terms and conditions of supply
and other agreements; or to protect the rights, property, or safety of
Multivac UK Ltd, our customers, or others. This includes exchanging information
with other companies and organisations for the purposes of fraud protection
and credit risk reduction.
Your rights
You have the right to ask us not to process your personal data for marketing
purposes. We will usually inform you (before collecting your data) if we
intend to use your data for such purposes or if we intend to disclose your
information to any third party for such purposes. You can exercise your
right to prevent such processing by checking certain boxes on the forms
we use to collect your data. You can also exercise the right at any time
by contacting us at vacit@multivac.co.uk.
Our site may, from time to time, contain links to and from the websites
of our partner networks, advertisers and affiliates.If you follow a link
to any of these websites, please note that these websites have their own
privacy policies and that we do not accept any responsibility or liability
for these policies. Please check these policies before you submit any personal
data to these websites.
Updating your details
If any of the information that you have provided to us changes, for example,
if you change your email address or if you wish to remove yourself from
any mailing, please let us know by sending an email to vacit@multivac.co.uk or
by sending a letter to us as Multivac House, Rivermead Drive, Swindon,
Wiltshire SN5 7UY.
Changes to our privacy policy
Any changes we may make to our privacy policy in the future will be posted
on this page and, where appropriate, notified to you by e-mail.
Contact
Questions, comments and requests regarding this privacy policy are welcomed
and should be addressed to vacit@multivac.co.uk
DELIVERY POLICY
Multivac UK & our specialist UK Vacuum Packing Website VACIT.com & VACIT.co.uk is a UK based specialist Vacuum Packing and Sous- Vide Site selling:
• Vacuum Packing Equipment
• Vacuum Packing Bags
• Associated Spares and Accessories
For delivery to the UK Mainland and Northern Ireland Only. Delivery on any orders for the Channel Islands, Isles of Scilly, Isle of Man, Inner and Outer Hebrides, Orkney Islands and Shetlands Islands are by special arrangement please contact us on vacit@multivac.co.uk or 01793 425800 for further information.
We are unable to sell any Vacuum Packing Equipment, Vacuum Packing Bags, Machine Spares or Accessories to Republic of Ireland, Europe or other countries or territories around the world however we can put you in touch with your local Multivac Dealer who may be able to assist you.
We are committed to ensuring a simple, cost effective, prompt delivery on all our customers orders.All VACIT.com orders have a fixed charge of £12 for packing and delivery to the UK Mainland and Northern Ireland Only no matter how many items you order (please note this special offer is not applicable to agents or 3rd party vendors).
Where an order is received by Midday subject to availability we will endeavour to process your order and ship out by specialist courier the next day. Most areas of Mainland UK will receive their orders within 48 hours for orders received Monday to Thursday. Friday orders will usually be delivered Tuesday the following week. All deliveries for Northern Ireland and more remote parts of Great Britain may take slightly longer.
PLEASE ENSURE YOU CHECK ALL DELIVERIES ON RECEIPT. In the event of any queries about your order or delivery, or in the event of any goods being received damaged in transit please contact us immediately on vacit@multivac.co.uk or 01793 425800 for further information.