Terms and Conditions
Terms & Conditions for the purchase of goods through the IM&M Ltd website
Information on any guarantees, warranties or after-sales services that we provide for the goods you buy is available on request.
1. General information about us
Our name: IM&M Limited
Our geographic address: Trident House, Baxter Road, Sheffield, S6 1JF
Our contact details: Telephone: +44 (0)114 285 3040
Email: sales@ im-m.co.uk
Our Company Registration No.: 3515496
Our VAT No.: 706483923
IM&M Ltd is certified to ISO 9001:2008 Quality Management standards, and is regularly audited by recognised and respected external Notified Bodies such as ISOQAR (Lloyds Register Quality Assurance) Group. In addition, IM&M Ltd products are also certified and CE marked to the PPE (Personal Protective Equipment), PED (Pressure Equipment Directive) MED (Marine Equipment Directive) and ATEX Directive.
2. How to conclude a contract with us using this website
These are the steps you need to take to conclude a contract with us:
a. Make sure you have read and understand our terms
b. Browse our information
This website contains information about our goods which you will need to know before you place your order including descriptions of our goods, current prices (including VAT) and delivery costs.
The information about the goods on our website constitutes an "invitation to treat" and is not a contractual offer from us which you may accept. This means that we reserve the right to correct any errors in that information without liability to you. It also means that in no circumstances will we be contractually bound to supply you with goods on the basis of any incorrect information, even if that information is repeated in your order.
c. Select the goods you wish to purchase
If ordering from the UK, you can select any items you wish to purchase by clicking on the "add to basket" button. You will be taken to your shopping basket whenever you add a new item, but you can also view the contents of your shopping basket by clicking on the "shopping basket" button. The shopping basket screen lists your current selection of items with description, price and current subtotal. You can edit the contents of your basket and remove any input errors by removing items or changing quantities.
d. Making a Purchase
To purchase the items in your basket and proceed with your order using our secure online purchasing facility, click on the "purchase online" button on the shopping basket screen. You will then be transferred to our secure server to complete your order.
If you would like to order goods from us but do not want to enter your credit/ debit card details on the web, you can pay for your order by cheque or over the phone by calling 00 44 (0)1142853040.Cheques should be made payable to IM&M Ltd. Your order reference number should be marked clearly on the reverse side of the cheque. Paying by cheque will slow down the ordering process, as we cannot process your order until your cheque has been received and cleared.
If you are an account customer, you will be required to enter your account details [when prompted]. You will be invoiced, your normal payment terms will apply and your invoice "Due Date" will be calculated on your invoice. Time for payment shall be of the essence. If you fail to pay the amount due on the Due Date, such amount shall bear interest from the Due Date until payment is made in full at 3% per annum over the HSBC Bank pic base rate from time to time.
You will also be asked to provide certain information we need to enable us to process your order such as your preferred delivery address and payment details. It is your responsibility to provide us with sufficient information to process you order.
We may acknowledge receipt of your order on our website or by email. This is not our acceptance of your order, but confirmation that it has been received.
e. Wait for acceptance of your order
You may not assume we have accepted your order until we send you an acceptance by email. Only if and when you receive our acceptance will we have a binding contract between us.
You may receive acknowledgement from our payment processor advising you whether or not your credit or debit card payment has been authorised. This acknowledgement relates to your payment only and is not our acceptance of your order.
We will be entitled to refuse to accept your order if in our sole discretion we consider it necessary. In particular (save in respect of account customers) we must receive payment of the whole of the price for the goods that you order before your order can be accepted. If we refuse your order we will let you know as soon as we can. If we accept your order we will inform you without undue delay.
Once we have entered into a contract with you we shall supply you with the items specified in your order in accordance with the terms of the contract.
3. Other information about the Contract
We can only conclude the contract with you in English and not in any other language.
[Unless we agree otherwise in writing with you prior to your order being submitted to us] the prices payable for goods that you order as well as any applicable VAT, packaging (as detailed at paragraph d below) and delivery charges are as set out in our website.
b. Your right to cancel your contract and our returns policy
[To cancel your contract you must notify us in writing by hand delivered notice, post, fax or email.]
[If you have received the goods before you cancel your contract then you must return the goods in their original condition to us at the address above at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us in their original condition to the address above at your own cost and risk as soon as possible.]
[Once you have notified us that you are cancelling your contract, any sum debited to us from your credit or debit card will be re-credited to your account as soon as possible and in any event within thirty (30) days of cancellation provided that the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you. ]
c. Our rights to cancel the contract
We may cancel the contract between us if:
- the goods you have ordered are unavailable for any reason;
- we do not deliver to your area; or
- one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
- your credit account with IM&M Ltd is in an overdue status, i.e. you have outstanding overdue invoices yet to be paid.
If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit or debit card as soon as possible but in any event within thirty (30) days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
Unless otherwise expressly stated in writing between the parties packing is included in the contract price and will not incur an extra charge by IM&M Ltd. IM&M Limited does not give any warranty as to fitness of any packing for storage purposes.
e. Delivery of goods to you
We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.
We will use all reasonable efforts to deliver the goods by the delivery dates or within the delivery timescales stated in the ordering web pages, or our standard delivery timescales stated on our web site, if a specific timescale has not been stated in the ordering web pages. However, delays are occasionally inevitable due to unforeseen factors beyond our control and therefore delivery times are not guaranteed. Subject to the provisions of conditions 7 and 10a (ii) below, if we do not deliver goods on the delivery date stated and we fail to deliver within a further thirty (30) days, then you may cancel the contract and obtain a refund of any amounts you have paid under the contract. This shall be our sole liability and your sole remedy for late or non-delivery.
For the avoidance of doubt, time for delivery shall not be of the essence
You will become the owner of the goods you have ordered when we are in receipt of full payment of the price in cleared funds. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
a. We hereby warrant that we shall replace or repair any product or part of a product of IM&M Limited is proved to have been defective at the time of delivery in material or workmanship, provided such part or product is returned to IM&M Ltd, Trident House, Baxter Road, Sheffield, S6 1JF within twelve (12) Months from the date of delivery. This obligation will not apply where the defect should be apparent on reasonable inspection and you have failed (in accordance with condition 8a) to notify us within 10 working days of delivery.
b. In the case of any product not manufactured by us but supplied by us, in place of the warranty in (a) above we will pass on to you, the customer any benefit received by them under any guarantee or warranty from the makers.
c. Except as set out in (a) and (b) above IM&M Limited will not be liable in contract or in tort or otherwise for any loss injury or damage either direct or indirect or consequential sustained by reason of any defect in any goods supplied or services performed by us or of anything done or omitted by reason of the negligence of any person or otherwise and the warranties set out in (a) and (b) above will be accepted in place of any condition or warranty expressed or implied by law or otherwise.
5. Return of Goods
a. In all circumstances (save for those set out at conditions 4a and 8a) IM&M Limited reserve the right to refuse the return of goods which were originally shipped to any Customer against a bespoke specification provided by the Customer OR against a Standard Sales Orders
b. Goods which were originally shipped against a bespoke Customer specification or via a Standard Sales Order will incur a handling charge to the Customer if the reason for return is deemed to be outside the control of IM&M Limited (i.e. wrong product ordered by the Customer).The goods must be returned within thirty (30) days of invoice date. Thehandling charge incurred will be the greater of £40 or 25% of the original purchase price of the goods returned ("the Handling Charge"). [Under all circumstances a minimum charge of £40 will be imposed].
c. Any goods returned to IM&M Limited after thirty (30) days but before ninety (90) days will incur the Handling Charge and an exchange of goods - not a credit.
d. IM&M Limited will not accept any goods returned after ninety (90) days
e. All returned goods originally purchased from us must be returned to IM&Ms UK address (IM&M Ltd, Trident House, Baxter Road, Sheffield, S6 1JF, and be in a re-saleable condition.
6. Intellectual Property
The Intellectual Property in all goods supplied by us is owned by IM&M Limited or our licensors. If any goods to be supplied by us are to be made in accordance with the Customer's specifications or instructions the Customer will indemnify IM&M Limited against all damages, penalties, costs and expenses to which we may become liable or which we may incur through complying with any such specifications or instructions, involving a threatened or actual infringement of Copyright, Patent, Registered or Unregistered Design, or Trade Mark.
7. Damage to Goods in Transit
Goods shall be checked, inspected and accepted by the Customer promptly on delivery and the delivery note signed. Claims for damage in transit of the goods will only be considered if the carriers and IM&M Limited receive written notification of such damage within two (2) working days of delivery. Where the Customer has been told of the date of consignment of the Goods you must notify us if you have not received such delivery within twenty one (21) days of the date of consignment.
8. Our liability to you
a. Your remedy for defective or erroneous goods
Save as otherwise expressly provided by these terms and conditions, if the goods we deliver are not what you ordered or contain a defect (which should be apparent on reasonable inspection) or the delivery is of an incorrect quantity, you must notify us in writing at our contact address of the problem within ten (10) working days of the delivery of the goods in question. Otherwise you will have no right to any of the remedies set out below.
If you notify a problem to us, we will, at our option:
- make good any shortage or non-delivery; or
- replace or repair, at our option, any goods that are defective; or
- refund to you the whole or part of the amount paid by you for the goods in question in whatever way we choose.
b. Limitations on our liability to you
(i) Except as set out at conditions 3e, 4, 8a and 8b (ii) and (iv) to the extent that the law permits us to do so, we exclude all our liability to you for any direct, indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem relating to the goods you buy from us.
(ii) Except as set out at conditions 3e, 4, 8a and 8b(i) and 8b(iv) to the fullest extent permissible in law, we exclude all conditions, warranties and stipulations express (other than set out in these terms and conditions) or implied, statutory, customary or otherwise which, but for such exclusion would or might subsist in favour of the Customer.
(iii) If a court does decide we are liable to pay you compensation, unless otherwise directed by the court, that compensation will be limited to the amount paid by you for the goods in question.
(iv) Please note that nothing in this section of these terms and conditions (or in any other section) is intended to limit any rights you might have as a consumer or other statutory rights that may not be excluded by law, nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence of for fraudulent misrepresentation.
We may suspend further supply or delivery, stop any goods in transit or terminate our contract by notice in writing to you if you are in breach of any terms of this contract or you become unable to pay your debts when they fall due or proceedings are commenced by or against you alleging bankruptcy or insolvency. Upon termination, your indebtedness to us becomes immediately due and payable and we shall be under no further obligation to supply goods to you
10. Things you should know
a. Events beyond our control
(i) If this contract or any part of it shall become impossible to perform or otherwise frustrated we shall be entitled to a fair and reasonable proportion of the price in respect of the work done up to to the date of such impossibility or frustration and for this purpose any moneys previously paid by the Customer shall be retained by us as against the sum due to us under this provision, any balance to be repaid to the Customer or as the case may be any deficiency to be paid to us by the Customer, we may dispose of the goods as they may think fit, due allowance being made to the Customer for the net proceeds thereof.
(ii) We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion, acts of God, acts of terrorism or accident.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
d. Third party rights
A person who is not a party to this contract has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
e. Conditions precedent
Condition 4 above is deemed to be incorporated in all contracts made between IM&M Limited and you, the Customer, and all other conditions or clauses which may be inconsistent therewith shall be treated as void to the extend of such inconsistency.
f. Governing law
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
g. Entire agreement
Date: May 2014