Please note that we sell Products on a wholesale basis only. We do not supply direct to consumers.
These Terms apply to the exclusion of any other terms and conditions you may propose. Please read them carefully before ordering any Products from our site. You will not be able to order Products without clicking the “Accept” button at the end of the Terms.
Please note that we may vary these Terms from time to time and any changes will apply to any Contract made between us after the date on which we publish the change on the site.
1. Information about us
1.1 We operate the website www.mechedirect.com. We are Procare UK Limited, a company registered in England and Wales under company number 4527914 and with our registered office at Unit 6 Lodge Causeway Trading Estate, Lodge Causeway Fishponds, Bristol, BS16 3JB. Our main trading address is as above. Our VAT number is 794350114.
1.2 To contact us, please see our Contact Us page https://mechedirect.com/contact/
2. Our Products
2.1 The images of the Products on our site are for illustrative purposes only. Please note that Products and packaging may vary from illustrations on our site.
2.2 All Products are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process any order made.
3. The contract
3.1 After you place an order, you will receive an e-mail from us acknowledging that we have received it. This does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 3.2 below.
3.2 If we are able to provide the Products we will confirm acceptance of your order by e-mail confirming the sale and the expected dispatch date (Dispatch Confirmation). The contract between us (Contract) will only be formed when we send the Dispatch Confirmation.
3.3 If we are unable to supply you with a Product, for example because it is not in stock or no longer available, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Product, we will refund you the full amount as soon as possible.
3.4 Once made, the Contract may not be cancelled or varied except by written agreement with the Company.
4. Price of products
4.1 Product prices will be as quoted on our site from time to time. We may change them from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
4.2 Prices quoted by the Company for Products exclude VAT the cost of delivery and are exclusive of VAT.
Any despatch date or time quoted in the Contract for the delivery of the Goods is provisional only and although we will do our best to keep you informed of the reason for and the expected length of any delay we shall not be liable for delays in despatch of the Products.
5. How to pay
5.1 You can only pay for Products using a debit card or credit card. We accept the following cards: VISA, MASTERCARD
5.2 Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.
6. Warranties and liability
6.1 Some of the Products we sell to you come with a manufacturer’s guarantee. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee provided with the Products.
6.2 We shall not have any liability for (and our responsibility under clause 7.4 shall not extend to) any defect in the Products arising from:
6.2.1 fair wear and tear;
6.2.2 wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
6.2.3 if you fail to use the Products in accordance with the user instructions.
6.3 Unless expressly incorporated in the Contract and save as otherwise required by law we make no representation or warranty:
6.3.1 as to the suitability of Products for any particular application or purpose; or
6.3.2 that the Products will be identical to any sample or description or illustration on our site.
6.4 Liability for Products damaged in transit will only be accepted where damage is reported in writing to us within three days from the date of delivery.
6.5 The Company will replace any Products which are shown to the Company’s reasonable satisfaction to be defective within a period of three calendar months from delivery.
6.6 We only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes.
6.7 Nothing in these Terms limit or exclude our liability for:
6.7.1 death or personal injury caused by our negligence;
6.7.2 fraud or fraudulent misrepresentation;
6.7.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession).
6.8 Subject to clause 6.7, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
6.8.1 any loss of profits, sales, business, or revenue;
6.8.2 loss of business opportunity;
6.8.3loss of anticipated savings;
6.8.4 loss of goodwill; or
6.8.5 any indirect or consequential loss.
6.9 Subject to clause 6.7 and clause 6.8 , our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price paid for the Products.
6.10 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.
7.1 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
7.2 Please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter.
8. Other important terms
8.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
8.2 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
8.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
8.4 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
8.5 These Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.