Terms of Service
This website is operated by Mako Precision Engineering Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Mako Precision Engineering Ltd. Mako Precision Engineering offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Mako Precision Engineering Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Mako Precision Engineering Ltd. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Unit 3, Hare Street, Bilston, Wolverhampton, UKM, WV14 7DX, United Kingdom.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com.
Terms of Purchase
1. LEGAL CONSTRUCTION
In the event of any inconsistency between these conditions and the terms and/or conditions of the order placed by the Purchaser these conditions shall prevail unless otherwise agreed in writing by Mako Precision Engineering Limited (“the Company”). Rights and obligations of the parties arising under this contract shall be determined and the terms and conditions there of shall be construed according to English law. The Company supplies goods to the trade only and the Purchaser acknowledges and warrants that it is not “dealing as a consumer” within the meaning of the Unfair Contract Terms Act 1977.
Prices refer to those in effect at the time of quotation. The Company reserves the right to charge prices ruling at the date of despatch of goods.
Prices quoted are exclusive of Value Added Tax which will be charged at the rate in operation at the relevant tax point.
4. PAYMENT TERMS
The Company reserves the right to ask for payment in advance. Otherwise payment terms are 30 days from date of invoice. Non-compliance with these terms may constitute a breach of contract on the part of the Purchaser and entitle the Company to take any action deemed necessary, including the right to
(i) Refuse to supply more goods;
(ii) Terminate the contract;
(iii) Initiate legal proceedings to recover any monies due to the Company.
The Company reserves the right to charge interest on the outstanding amount at the ‘statutory interest’ rate, currently 8%, plus the Bank of England’s base rate, per month and any costs incurred in relation to the recovery of any sums outstanding shall be charged to the customer.
5. SMALL ORDER CHARGE
We reserve the right to levy such a charge as may be deemed necessary at the Company’s option on orders of less than £100.
Claims for non-delivery, shortage or incorrect goods must be made to the Company IN WRITING within 7 days of the delivery date, time to be of the essence. Goods damaged in transit must be notified in writing to both the carrier and the Company within 3 days of receipt thereof, time to be of the essence. The Company reserves the right to refuse any claims made outside the time limits set out above.
Returns will not be accepted unless previously agreed in writing by the Company. In cases where goods have been correctly supplied by the Company and the return is to be accepted a minimum handling charge of 20% of sales value may be levied. Any returns are made at the Purchaser’s own cost.
Cancellation of order will only be accepted with the consent of the Company and on terms which indemnify it against all loss. This may result in a cancellation charge being levied.
Any delivery date quoted is an estimate only although every endeavour is made to adhere to it. The Company however shall not be liable for any delay in delivery.
The goods are at the Purchaser’s risk from physical delivery to the Purchaser or Purchaser’s Carrier or other bailee for transmission to the Purchaser, whichever is the earlier.
11. RETENTION OF TITLE
11.1 Notwithstanding delivery and passing of risk, title in the Goods shall not (unless otherwise agreed in writing by the Company in relation to specified Goods) pass to the Purchaser until whichever shall be the first to occur of the following:
11.1.1 full payment for the Goods (including any interest) being received by the Company and no other amount then being outstanding from the Purchaser to the Company;
11.1.2 the sale of the Goods by the Purchaser in accordance with these conditions in which case title to the Goods shall pass to the Purchaser immediately prior to delivery of the Goods to the Purchaser’s customer.
11.2 Until title to the Goods passes the Purchaser will hold the Goods as fiduciary agent and bailee for the Company. The Goods shall, subject to paragraph
11.1.2, be kept separate and distinct from all other property of the Purchaser and of third parties and in good repair and condition and stored, identified and insured (at the Purchaser’s cost) as the Company’s property.
11.3.1 Until payment the Purchaser is licensed by the Company to use or to sell the Goods in the ordinary course of its business;
11.3.2 The Company may at any time revoke this power of sale and use by notice to the Purchaser to take immediate effect;
11.3.3 This power of sale and use shall automatically cease on the happening of any event, commencement of any proceedings (in any jurisdiction) or taking of any action (whether by the Purchaser or any other person or body) which calls into question the solvency of the Purchaser;
11.3.4 Upon determination of this power of sale and use, whether by notice or automatically, the Purchaser shall immediately place any of the Goods still in existence and unsold at the disposal of the Company who shall be entitled to enter upon any premises of the Purchaser to remove such Goods.
We guarantee that we will, at our option, replace faulty goods supplied by the Company or repair the same or refund the purchase price thereof, subject to the Purchaser being in strict compliance with the manufacturer’s instructions and the claim being made in writing to us within 14 days after the delivery or such other period as may have been dictated by the Company, time to be of the essence. The Company’s obligations to refund, repair or replace the Goods is the sole liability of the Company as regards the quality fitness or description of the Goods and their correspondence with sample or specification. All other representations, warranties, conditions, terms and statements express or implied are excluded. Responsibility for ensuring the Goods comply with the laws of any Country outside the U.K. rests with the Purchaser. We shall not be liable for any direct or indirect loss or damage to property or persons howsoever arising from the sale, use or installation of the goods or from any defect in the goods otherwise than provided by the law. In no event shall any failure of any kind on the part of the Company give rise to any liability for loss of revenue or any other consequential loss or damage arising from any reason
13. FORCE MAJEURE
If the contract shall become impossible to perform in whole or in part by any means whatsoever outside the control of the Company, including war, invasions, act of foreign enemy, hostilities, civil war, rebellion, civil strife, force majeure, government action, strikes or industrial action, or failure of supplier the Company may rescind the contract.
14. PATENTS AND COPYRIGHTS
The sale of goods and publication of data does not imply freedom from patent or other protective rights.
15. CHANGES OF PRODUCT SPECIFICATION
The Company policy is one of continuous product development. The Company therefore reserves the right to make reasonable changes to product specifications at its discretion without prior notice.
16. ORIGIN OF GOODS
The Company makes no representation and gives no warranty in respect of the sources or origin of manufacture or production of the Goods or any part thereof.
The parties will attempt in good faith to resolve any dispute or claim relating to this contract failing which they will attempt to resolve the dispute through an alternative dispute resolution procedure as recommended by the Centre for Dispute Resolution. If the parties fail to resolve the dispute after 3 months then the dispute will be referred to arbitration to be carried out by a single arbitrator agreed by the parties or recommended by the President of the Chartered Institute of Arbitrators according to the provisions of the Arbitration Act 1996 and the decision of the arbitrator shall be final and binding on the parties.
18. THIRD PARTY RIGHTS
The Parties to this Contract do not intend any term of this Contract to be enforceable by a third party pursuant to the Contracts (Rights of Third Parties) Act 1999.