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1. Definitions
'Buyer' means the Individual, firm or company who agrees to buy or buys the goods from the seller.

‘Consumer’ shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;

‘Contract’ means the agreement between the buyer and the seller for the purchase and sale of goods incorporating these Terms and Conditions;

‘Goods’ means the items that the buyer agrees to purchase from the seller.

‘Seller’ means Millar West Ltd, 6 Marriott Close, City Trading Estate, Norwich, NR2 4Ux that operates and is the owner of the websites www.ergosmart.co.uk and www.millarwest.co.uk amongst others.

‘Terms and Conditions’ means the terms & conditions of sale laid out in this agreement and any special terms and conditions agreed in writing by the seller.

2. Conditions
These Terms & Conditions shall apply to all contracts for the supply of goods and services by the seller to the buyer and shall prevail over any other communication or documentation from the buyer.

Accepting the delivery of goods shall be conclusive evidence of the buyer’s acceptance of these Terms and Conditions.

Any variation to these Terms and Conditions including any special terms and conditions agreed between the parties shall be inapplicable unless agreed by the seller in writing.

These Terms and Conditions shall not affect the buyer’s statutory rights as a Consumer.


3. Prices and Payment
The price of the goods shall be that set out on the website plus VAT.

The price will include delivery charges to UK Mainland only. A separate quotation will be required for deliveries outside the UK Mainland

Non account holders will provide payment of the price and any delivery charges must be made in full before the goods are despatched.

Account holders will provide payment including any delivery charges within 30 days of the date of the invoice supplied by the seller. The invoice date will be the same or later than the delivery date of the goods. In the event that the buyer's procedures require that an invoice be submitted against a purchase order for payment purposes, the Buyer shall be responsible for issuing such purchase order before the goods and services are despatched. Failure to do this will not affect payment of invoices.

Overdue invoices may accrue interest which will commence from the date when payment becomes overdue. Interest on overdue payments will be charged at a rate of 2.5% above the base rate of the Bank of England
.

4. Order Cancellation and Return of Goods
If the buyer cancels an order, the buyer must return the goods during business hours, carriage paid and in perfect condition, to the seller. If the buyer fails to return the Goods within 30 days the seller can charge for the cost of returning the goods or for the cost of collecting the goods. The buyer must inspect goods immediately upon receipt and shall email the seller at sales@millarwest.co.uk to notify, within 7 days of delivery if goods do not comply with any the contract or are damaged. Failing to do so means the buyer shall be deemed to have accepted the goods.

Where a claim of damage/defect is made, our policy is to repair or send a replacement part. Where this is not possible, the goods shall be returned by the buyer to a location agreed with the seller. If the goods are found to be defective, the buyer shall be entitled to a full refund including any delivery costs and/or return postal charges. Goods must be securely sealed and returned in the original packaging. The buyer will be liable for the cost of repairing any damage when returned goods are found to be damaged through the fault of the buyer.

Should the buyer decide to cancel a non-standard goods order (such as ‘Adapt’ seating) for any reason the seller will charge a re-stocking fee of 20% of the order price. In the case of the order being cancelled within 24 hours of placement, no charges will be made. Non-standard goods cannot be returned after delivery. The above conditions will not affect your statutory rights when goods are faulty, or not as described.


5. Rights of Seller
The seller reserves the right to change prices on the website.

The seller reserves the right to remove any goods from the website and also change prices at any time and shall not be liable to anyone for withdrawing any goods from the website or for refusing to process an order.


6. Warranty
The seller warrants the goods and all their component parts, where applicable, are free from any defects in design, materials or construction, from the date of despatch for a minimum period of 12 months. Some products are supplied with longer warranty periods. This will normally be stated in the products description.

The manufacturer will only accept claims on goods from the original purchaser and against goods that have been used fairly and for their intended purpose. Claims will not be accepted against goods that have been altered or modified. The buyer must notify the seller via email to sales@millarwest.co.uk within 10 days of the discovery of a warranty related issue.


7. Delivery
Shipping Charges- UK mainland only
FREE SHIPPING ON ALL ORDERS OVER £50- UK MAINLAND ONLY Chairs are delivered by courier or via the Millar West delivery team and require a signature upon receipt. Please ensure you advise us of any damage, loss or faults within 24 hours in order to make a valid return claim. For orders outside the UK please contact us on 01603 617372

Delivery times vary. Times quoted are done so in good faith and are non-binding. To ensure a prompt delivery, despatches will be made direct from either the point of manufacture or distribution. The seller will not be liable for any losses incurred by the buyer or any other person as a result of delayed delivery of any part of the order for any reason.


The price will include delivery charges to UK Mainland only. A separate quotation will be required for deliveries outside the UK Mainland

Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. Please note that we reserve the right to pass on the courier costs for failed deliveries.

Products may be despatched from various regional distribution centres, therefore some orders with multiple items may not all arrive at the same time Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.


8. Force Majeure
The Seller shall not be liable for any default due to any act of God, War, Strike, Lockout, Industrial action, Fire, Flood, Drought, Tempest or other event beyond the reasonable control of either party.

9. Changes to Terms
The Seller can change these Terms and Conditions at any time but this will not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.

These Terms and Conditions shall be governed by and construed in accordance with English Law and the parties hereby submit to the exclusive jurisdiction of the English courts.


13. Disclaimer
Millar West Ltd make every effort to be sure the information within this website is correct and current, We have the right to alter any specification without prior notice and take no responsibility for any errors within this site.
 
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6 Marriott Close, City Trading Estate, Norwich, Norfolk NR2 4UX
t. Norwich: (01603) 617372 | Peterborough: (01733) 326333 | Ipswich: (01473) 744518
sales@ergosmart.co.uk
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Millar West Ltd Registered in England & Wales 6 Marriott Close, City Trading Estate, Norwich, NR2 4UX. Company's Registration Number 3669031
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