a. MRTC shall mean MRTC Ltd, its branches, agents and representatives.
b. ‘Service’ shall mean the repair, maintenance and/or refurbishment of equipment and shall include work carried out by way of installation of equipment and Preventative Maintenance Inspection of equipment under any current maintenance agreement.
c. ‘Hire’ shall mean temporary loan of equipment for the period stated.
d. ‘Customer’ shall mean any Company or its representative, private individual or organisation to which MRTC provides any or all of its services, (i.e. Sales, service, hire).
e. ‘Equipment’ shall mean any apparatus, material or equipment (including all accessories supplied either as part of a kit or as standard with the main unit) as set out in the Order.
2. Quotations and Estimates.
a. An estimate provided by MRTC, at the request of a prospective customer, shall be based on available cost information at the time, and will be for budgetary purposes only.
b. Quotations provided by MRTC will be based on prices and/or charges current at the time of quotation and shall be valid for a period of 30 days from the date of quotation unless otherwise stated. Extensions must be agreed in writing by MRTC.
3. Customer Orders - Companies/Organisations or their representatives.
a. Customer orders for purchases, service or hire of equipment to be supplied by MRTC are to be made in writing on official headed paper bearing the customers full company details. Such orders should clearly state the full requirements, payment terms, delivery instructions etc. and be signed by an authorised signatory of the company. Alternatively, a signed and official company stamped quotation may be attached to a covering acceptance email.
b. Preliminary verbal orders will be accepted by MRTC, however, no actions to complete such orders will be taken prior to receipt of written confirmation from the customer, as in paragraph 3a above.
c. Written orders in the form of an email or letter are acceptable provided such orders meet with the terms set out in paragraph 3a above, and will constitute a legally binding agreement between MRTC and the customer concerned.
4. Credit/Account Facilities - Companies and Organisations.
a. Credit/Account facilities may be offered by MRTC or requested by customers after a short period of time conducting business together. Approval of any such facility will be at MRTC’s discretion.
b. For new customers, payment for any work carried out prior to clearance and acceptance for credit facilities will be by cash, credit card or bank transfer.
c. All requests for credit and/or account facilities may be subject to credit clearance checks and procedures by MRTC prior to acceptance and commencement of such facilities.
d. All invoices for account holders are to be settled at the end of the month following the date of invoice, unless other specific terms are stated and agreed. Failure to do so may result in the credit/account facility being withdrawn.
e. MRTC reserves the right to reject any applications for credit/account facilities without explanation or prejudice.
f. Payment in respect of purchases will only be accepted in the form of a recognised acceptable credit card (subject to clearance), bank transfer (subject to clearance) or cash.
g. Credit facilities are not normally extended to private individuals.
5. Delivery of Equipment to the Customer.
a. Equipment purchased, serviced, or hired under agreement from MRTC will be delivered to the customer address indicated on the order, unless otherwise stated in writing.
b. Equipment for customers without credit/account facilities will only be released on settlement of all charges under the terms of the order for any such equipment, purchased from, hired or loaned under a hire agreement, or serviced by MRTC.
c. Delivery will be made by any means MRTC considers appropriate, and shall be charged to the customer, such charges to be included as part of the appropriate invoice.
d. MRTC accepts no responsibility for loss, damage or delay in delivery however caused outside their direct control.
e. Any damage or loss detected to a delivered consignment and/or equipment is to be notified to MRTC and the delivery agent, in writing, within 2 days of receipt and all original packaging material is to be retained to assist with any subsequent investigation of such loss or damage.
6. Non-Receipt of Equipment.
a. Following the date of despatch, if known, non-receipt of despatched equipment must be notified to MRTC and the delivery agent within 2 working days if within the UK/EU and within 4 days outside of Europe.
7. Return of Equipment to MRTC.
a. Full responsibility and liability for loss, damage and/or non-delivery of any equipment returned to MRTC rests with the customer until such time as the said equipment is received at MRTC’s premises. Proof of such receipt will be by signature of an authorised representative of MRTC only. The onus to provide such proof of receipt by MRTC rests with the customer in all cases of dispute.
b. Should the method of return of equipment to MRTC be by any means which precludes proof of delivery by signature, as in the case of normal post which is not Recorded Delivery then the customer shall accept full responsibility in the event of non-delivery and be liable for the full replacement costs of such equipment.
c. The customer shall ensure that any equipment returned to MRTC is adequately covered by insurance (or other means) for its full MRTC sales value in the event of loss or damage.
d. MRTC accepts no responsibility or liability for loss or damage to any equipment returned to MRTC by whatever means.
e. A customer will be liable for any charges or costs incurred by MRTC for whatever reason, through loss or damage, however caused, to any equipment returned from hire under a hire agreement.
f. Equipment returned to MRTC for warranty repair or replacement is to be packaged securely in its original packing and insured against loss or damage for its full MRTC sales value.
8. Equipment on loan/hire to a Customer.
a. Any equipment owned by MRTC which is loaned/hired to a customer for whatever reason is to be insured by that customer against loss or damage however caused, for its full MRTC Sales value.
b. The customer is liable for any charges or costs incurred by MRTC in rectifying any fault, failure or damage to any equipment on loan/hire caused through neglect, mishandling, or abuse of such equipment. MRTC reserves the right to take whatever action is necessary to recover such costs or charges from the customer.
c. MRTC reserves the right to apply hire charges for any equipment from the time it leaves MRTC’s premises until it is terminated at the end of the previously agreed period of hire and the items are returned, or (if damaged) repaired, or (if lost or damaged beyond repair) replaced, whichever is the later, provided that the amount of any additional hire charge payable as a direct result of accidental loss or damage to equipment shall not exceed 13 weeks rental. Continuing charges after the contract completion date will only be applied to the affected items and not the entire order.
9. Notification of Completion.
a. When customer’s equipment that has been serviced by MRTC is ready for despatch/collection, MRTC will (in the absence of any other customer’s instructions) inform the customer accordingly. For all non-account customers, invoices will have to be settled prior to preparation of the order.
b. Disposal on default:
(1) In the case of non-account customers, if payment has not been made and collection or delivery of the equipment has not taken place within 28 days of the notification of completion date, then MRTC reserves the right to reassign any such equipment to their best advantage in order to recover any costs/charges involved.
(2) MRTC accepts no responsibility or liability for any outstanding costs and/or charges owing to any third party connected with, or in any way pertaining to, any such equipment which is not collected and/or delivered, which is reassigned under the terms of paragraph 9b (1) above.
(1) Invoices pertaining to Government radio licences are due on presentation.
(2) All other invoices are to be settled according to the terms stated on the invoice, unless prior agreement on settlement has been obtained in writing from MRTC.
(3) Failure to abide by paragraphs 10a (1) and (2) above may lead to refusal of account facilities and MRTC pursing whatever action is deemed necessary in order to recover all monies due, together with all charges incurred by MRTC in pursuance of such settlement.
(1) Payment from customers with no account facilities is to be made prior to commencement or work on the relevant order.
11. Legal Title.
a. For sale items, all equipment supplied by MRTC shall remain the Property of MRTC by way of Legal Title until such time as all outstanding monies (including installation charges etc) are remitted and the funds cleared through the bank, only then shall legal title revert to the customer.
b. For hire items, equipment supplied by MRTC shall remain, at all times, the Property of MRTC by way of Legal Title.
12. Amendments and charges.
a. MRTC reserves the right to amend, update or otherwise change these terms and conditions without prior notice.