Terms & Conditions

1 About us

We are Imperial Machine Company Limited (“we”, “us” or “our”). We are registered in England and Wales (CRN: 00147034) and have our registered office at c/o Lincat, Whisby Road, Lincoln LN6 3QZ. Our main trading address is at Unit 1, Abbey Road, Wrexham Industrial Estate, Wrexham, LL13 9RF.

2 The contract between you and us

2.1 We must receive payment of the whole of the price for the goods that you order before your order can be accepted.

2.2 Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us.

2.3 By placing an order with us, you warrant that: (a) you are legally capable of entering into binding contracts; (b) if you are a consumer, you are at least 18 years old; (c) the information you provide to us during the process of placing an order is accurate, complete and not misleading; (d) you have read and understand these terms and conditions and agree to be bound by them.

2.4 Each order for goods by you to us will be deemed to be an offer by you to purchase goods subject to these terms and conditions. Each order placed by you to us for goods and accepted by us will constitute a separate contract.

2.5 You must ensure that the terms of your order and any applicable specification are complete and accurate.

2.6 These terms and conditions will be incorporated into the contract between you and us to the exclusion of all other terms and conditions. They supersede all prior dealings, negotiations, representations or agreements between us in respect of the subject-matter of the contract whether written or oral.

2.7 No variation or amendment of the contract between you and us will be valid unless in writing and signed by you and our authorised representative.

3 Price

3.1 The prices payable for goods that you order are as set out in our website from time to time except in cases of obvious error.

3.2 The prices may be altered at any time without notification to take into account any increase in our costs (including but not limited to the cost of materials, labour, transport or other overheads, any tax, duty or variation in exchange rates).

3.3 We list prices exclusive of VAT. All prices are exclusive of any other sales tax or duty that may be applicable which will be payable in addition to the price unless otherwise stated.

3.4 You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are itemised before you check out and pay.

3.5 You acknowledge that we stock a large number of goods. It is always possible that, despite our best efforts, some prices may be incorrectly listed. We are under no obligation to provide goods to you at an incorrect, lower price, even after we have acknowledged your order or despatched the goods, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mistake.

4 The goods

4.1 All specifications, drawings, catalogues, particulars, shapes, descriptions and illustrations, application guides and information, price lists and other advertising matter are intended only to present a general idea of the goods described in them.

4.2 We reserves the right to deliver goods of a modified design provided that any difference does not make the goods unsuitable for any purpose you have made known to us. 4.3 The goods will conform in all material respects with any specification provided to and accepted by us. We reserve the right to amend any design or specification without prior notification provided that it does not adversely affect the performance of the goods.

4.4 We retain all copyright and title to all documentation relating to goods delivered to you by us. This documentation may only be used for the purposes intended and not for any other purpose without our permission. It must be returned on demand.

4.5 Technical specifications are approximations unless specifically stated otherwise.

4.6 You will not remove, alter, deface, obfuscate or tamper with any of the trade marks, names or numbers affixed to or marked on the goods nor allow any one else to do so.

4.7 If the Goods are manufactured in accordance with any design or specification provided or made by you, you will compensate us in full on demand for all claims, expenses and liabilities of any nature in connection with them, including any claim, whether actual or alleged, that the design or specification infringes the rights of any third party.

5 Right for you to cancel your contract

Please note: this paragraph 5 only applies if you are buying goods from us as a consumer (i.e. other than in the course of a business, trade or profession) and does not apply to any goods personalised or made to your specification. 5.1 You may cancel your contract with us for the goods you order at any time up to the end of the seventh working day from the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.

5.2 To cancel your contract you must notify us in writing.

5.3 If you have received the goods before you cancel your contract then unless, under clause 5.2, you do not have a right to cancel you must send the goods back to our contact address 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 at our contact address at your own cost and risk as soon as possible.

5.4 Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order 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.

5.5 Nothing in this clause affects your statutory rights.

6 Cancellation by us

6.1 We reserve the right to cancel the contract between us if: (a) we have insufficient stock to deliver the goods you have ordered; (b) we do not deliver to your area; or (c) 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 on the website.

6.2 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 card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.

7 Delivery of goods to you and storage of goods by you

7.1 We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.

7.2 Time of delivery will not be of the essence and any delivery date is an estimate only. We will use all reasonable endeavours to avoid late deliveries. Delivery will be made as soon as possible after your order is accepted.

7.3 You will become the owner of the goods you have ordered when they have been delivered to you. 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.

Paragraphs 7.4 and 7.5 only apply if you buying goods in the course of business or trade (i.e. not as a consumer)

7.4 You shall: (a) be responsible for the collection, treatment, recovery and environmentally sound disposal of all waste electrical and electronic equipment ("WEEE") as defined in the Waste Electrical and Electronic Equipment Regulations 2006 ("WEEE Regulations") as arising or deriving from the goods; (b) comply with all additional obligations placed upon you by the WEEE Regulations by virtue of you accepting the responsibility set out in paragraph 6.4(a) above; and (c) provide our WEEE compliance scheme operator with such data, documents, information and other assistance as such scheme operator may from time to time reasonably require to enable such operator to satisfy the obligations assumed by it as a result of our membership of the operator’s compliance scheme.

7.5 You shall be responsible for all costs and expenses arising from and relating to your obligations in paragraph 7.4.

Paragraph 7.6 does not apply unless you are purchasing goods as a consumer (i.e. other than in the course of a business, trade or profession)

7.6 Where you are buying replacement electrical and electronic equipment (“Replacement EEE”) as a consumer we have certain obligations under the WEEE Regulations to take back WEEE without charge. Where you are buying Replacement EEE through our website as a consumer, you can return WEEE to us by returning your old item to us at Unit 1, Abbey Road, Wrexham Industrial Estate, Wrexham, LL13 9RF. All returns are to be at your cost and are to be made within 28 days of purchase of the Replacement EEE.

7.7 Our obligations to take back WEEE only apply to household users of electrical items. If you are not a consumer you will need to find a local collector or waste company to dispose of your waste.

7.8 Further information on the environmental impact of WEEE and the WEEE Regulations can be found at http://www.environment-agency.gov.uk/business/topics/waste/32084.aspx

8 Liability

8.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 working days of the delivery of the goods in question.

8.2 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods.

8.3 If you notify a problem to us under this condition, our only obligation will be, at your option: (a) to make good any shortage or non-delivery; (b) to replace or repair any goods that are damaged or defective; or (c) to refund to you the amount paid by you for the goods in question in whatever way we choose.

8.4 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979 (as amended)) are, to the fullest extent permitted by law, excluded from the contract between you and us.

8.5 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, income, revenue or business or depletion of goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 8.3(c) above.

8.6 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.

8.7 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

9 Notices

Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at Unit 1, Abbey Road, Wrexham Industrial Estate, Wrexham, LL13 9RF and all notices from us to you will be displayed on our website from to time.

10 Events beyond our control

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 or accident.

11 Invalidity

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.

12 Privacy

You acknowledge and agree to be bound by the terms of our privacy policy.

13 Third party rights

Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

14 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.

15 Entire agreement

These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.