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Terms & Conditions

Terms & Conditions

Sunday 18th April 2010

This Website,, is owned and operated by Momentum Automation Ltd.
These Terms & Conditions apply to all online or telephone transactions placed via this Website and may be updated at any time.
The Terms & Conditions applicable to You are those that are published on this Website at the time of placing Your Order.
You will be asked to read and accept the Terms & Conditions each time You place your order.
It is recommended that You download and print or retain an electronic copy for future reference.

Contract means the contract between You and Us, to include these Terms and Conditions
Goods means the products and services that You have purchased from Our Website
Order means Your request for and purchase of Goods on Our Website
You / Your means the customer, person or company that places the Order with Us
We / Us / Our means the supplier of the Goods, Services and Delivery: Momentum Automation Ltd, registered in England & Wales company no. 06407217 the registered office of which is at The West Wing, The Old Rectory, Moccas, Herefordshire HR2 9LA, UK;  trading as

1    Format of the Contract

1.1    By placing Your Order with Us, you accept these Terms & Conditions.
1.2    No contract exists between You and Us for the sale of any Goods until We have     have received payment for Your Order in full. Once payment has cleared, there is a     binding legal contract between both parties.
1.3    By way of clarification: upon receipt of Your Order We will send via email an Order     acknowledgement confirming successful placement of Your Order and availability of     the Goods. This does constitute legal acceptance of Your Order. Acceptance of Your     Order     will only take place after payment for the Goods has cleared and You have     received from Us Your acceptance email. It is at this point when a binding legal     contract is created and any contract is subject to these Terms & Conditions.
1.4    You have the right, to cancel the Contract in accordance with the conditions as set     out in Section 7 (see below).
1.5    Equally, We reserve the right to decline all or part of Your Order for any reason up     to the point at which We dispatch the Goods regardless of You having already     received an Order confirmation email, in which case We will inform you via email or     telephone. You will receive a full refund of any payment made should cancellation of     Your Order occur under such circumstances.

2    Description and Availability of the Goods

2.1     The description of the Goods in Your order will be as shown on Our Website at the     time You place Your Order. Whilst We make every effort to be as accurate as     possible, all descriptions, including specifications, weights, dimensions and     measurements, given on Our Website are approximate.

2.2     All Goods are subject to availability. Should, upon receipt of Your Order, the Goods     be unavailable, We will contact You by email or telephone and You will have the     option to (a) wait until the Goods become available (b) replace the Goods in Your     Order with alternative Goods or (c) cancel Your Order.

2.3    All images of the Goods on this Website are for illustrative purposes only. Your     Goods may vary slightly, including the colour, from the image shown on this     Website and will not include any of the pictured accessories, unless stated in the     specification.

3    Pricing and Payment

3.1    All prices and charges displayed on this Website are in GBP (£) and include any     VAT payable, but exclude Delivery and Installation charges.

3.2    Whilst every effort is made to ensure that the prices shown for the Goods on Our     Website are accurate at the time You place Your Order, there maybe occasion     where the displayed price is erroneous. Should an error be discovered before     acceptance of Your Order, We will contact You by email or telephone and You will     have the option to (a) reconfirm Your Order with the revised pricing of the Goods (b)     replace the Goods in Your Order with alternative Goods or (c) cancel Your Order.     Should We not receive a new Order confirmation from You with 14 days of Us     notifying you of the error, We will automatically cancel Your Order ensuring that you     receive a full refund of any payment made.

3.3    In addition to the price of the Goods, you may be required to pay a delivery charge,     the price of which will be clearly displayed on Your Order.

3.4    Payment for the Goods and delivery charges can be made by any method shown     on the Website at the time You place Your Order and time for payment shall be of     the essence.

3.5    The Goods will not be dispatched for delivery until full payment is received and     funds are cleared.

4    Delivery

4.1    We deliver to addresses within mainland UK provided that there is safe and     reasonable access for the prompt delivery of the Goods. Unfortunately we do not     deliver to BFPO (British Forces Post Office) addresses or Northern Ireland.

4.2    The Goods will be delivered to the address specified by You at the time You placed     Your Order. It is Your responsibility to ensure that You or the person you have     nominated to accept delivery of the Goods are present, and should this not be the     case at the time of delivery, We will reserve the right to charge You an additional     redelivery charge to get the Goods to You on an alternative agreed date.

4.3    Subject to 4.5, if someone other than You or the nominated person at the specified     address accepts and / or signs for delivery of the Goods, We will deem this to be     acceptance by You. It is your responsibility to ensure that You, or the nominated     person, signs for the correct number of Goods delivered.

4.4    Subject to 4.5 you will be asked to sign for delivery of Goods. The Goods MUST be     inspected upon receipt and should any damage be found, delivery of the Goods     must be 'REFUSED'. If You are unable to inspect the Goods upon receipt, the     parcel / s must be signed for as 'UNCHECKED'. Failure to notify Us of any visible     damage may result in the refute of a claim / s after the item has been signed for.     Any visible damage should be identified to the delivery personnel and noted on their     delivery note at the time the delivery is 'REFUSED'.

4.5    Orders of Goods totaling a maximum of £50.00 GBP to be delivered using the 'free     service option' selected by You at the time You place Your Order, will be delivered     via a non-signed for service unless We receive full payment for the additional     charges incurred for an insured and signed-for delivery service, our liability     for delivering orders this way ends with us sending with royal mail, all proof of     postage is retained.

4.6    If delivery to the address specified by You cannot be executed for reasons under     Our control We will inform You as soon as possible.

4.7    If You deliberately fail to accept delivery of the Goods other than the reasons given     in 4.4 and 4.6  then without prejudice to any other right or remedy available to the     Us, We may:

    4.7.1    store the goods until actual delivery and charge You for reasonable costs         (including insurance) of storage; or

    4.7.2    sell the goods at the best readily obtainable price and (after deducting all         reasonable storage and selling expenses) account to You for any excess         over the price You agreed to pay for the Goods or charge You for any         shortfall below the price You agreed to pay for the Goods.

4.8     Should you fail to accept delivery as a result of canceling your Contract under the     Distance Selling Regulations, You will receive a full refund of any payment made by     You less any expenses incurred for failed delivery.

4.9     Whilst every effort is made to to deliver the Goods on or before the agreed date, all     delivery dates and times are approximate and We shall not be liable for any losses,     costs, damages, charges or expenses suffered by You through reasonable or     unavoidable delay in Delivering the Goods.

Risk / Title

5.1    The Goods are at Your risk from the time of delivery.

5.2    Ownership of the Goods shall not pass to You until We have received cleared     payment in full all sums due to it in respect of:

    5.2.1    the Goods; and

    5.2.2    all other sums which are or which become due to the Us from You on any         account.

5.3    We shall be entitled to recover payment for the Goods notwithstanding that     ownership of any of the Goods has not passed from Us.

6.    Title for Business Customers

6.1    Until ownership of the goods has passed to You, You must:

    6.1.1    store the goods (at no cost to Us) separately from all Your other Goods and         Goods of any third party in such a way that they remain readily identifiable as         Our property;

    6.1.2 not destroy, deface or obscure any identifying mark or packaging on or         relating to the Goods; maintain the Goods in satisfactory condition and keep         them     insured on Our behalf for their full price against all risks to the         reasonable satisfaction of Us. On request You shall produce the         policy of insurance to Us; and

    6.1.3    hold the proceeds of the insurance referred to in condition 6.1.2 on trust for         the Us and not mix them with any other money, nor pay the proceeds         into an overdrawn bank account.

6.2    Your right to possession of the goods shall terminate immediately if:
    6.2.1    You have a bankruptcy order made against You or make an arrangement or         composition with Your creditors, or otherwise take the benefit of any statutory         provision for the time being in force for the relief of insolvent debtors, or         (being a body corporate) convene a meeting of creditors (whether formal or         informal), or enter into liquidation (whether voluntary or compulsory) except a         solvent voluntary liquidation for the purpose only of reconstruction or         amalgamation, or have a receiver and / or manager, administrator or         administrative receiver appointed of its undertaking or any part thereof, or a         resolution is passed or a petition presented to any court for Your winding up         or for the granting of an administration order in respect of You, or any         proceedings are commenced relating to Your insolvency or possible         insolvency; or

    6.2.2    You suffer or allow any execution, whether legal or equitable, to be levied on         Your property or obtained against You or You are unable to pay Your debts         within the meaning of section 123 of the Insolvency Act 1986 or you cease to         trade; or

    6.2.3    You encumber or in any way charge any of the Goods.

7    Your Right of Cancellation

7.1    Under the Distance Selling Regulations, You have the right to cancel the Contract at     any time up to the end of 7 working days after the Goods have been delivered to     You (see below).

7.2    To exercise Your right to cancel the Contract as per 7.1, You must give Us written     notice by (a) letter (b) using the designated online Returns form on Our Website or     (c) email. Notification by phone is not sufficient.

7.3    Should You choose to cancel the Contract, You must have taken reasonable care of     the Goods. The Goods must be complete and in 'as new' condition. Should You     have opened the packaging of the Goods in order to facilitate inspection, You must     have done so without damaging or marking the Goods or packaging in any way.     The Goods must not have been used or installed nor data inputted. The Goods     must be returned with the original box and packaging, in addition to any     manuals,     accessories, free gifts or any other components You received. Media such as     DVDs, CDs, computer and console games, software, minidiscs or memory cards     must still be sealed.

7.4    You will be responsible for returning the Goods to the Us at Your own cost. The     Goods must be returned to Our address shown below. You must also take     reasonable care to ensure the Goods are not damaged in the meantime or in     transit.

7.4    Provided that You have followed the above (7.1 - 7.4) once, We will refund     or re-credit you for any sum that has been paid by You for the Goods within 30     days after We have been notified by You of the cancellation of Your Contract.

7.5    We will inspect the Goods upon receipt to ensure all manuals, accessories, free     gifts and any other components are within the returned package and that You have     taken reasonable care of the Goods as per 7.3. Should We receive Goods that You     have not taken reasonable care of, We shall charge You a fee equivalent to the     reduction in their value. Should the Goods have manuals, accessories, free gifts     and any other components, We shall charge You the cost of these missing items.     These costs will be deducted from any refund that is due from Us to You.

7.6    You do not have the right to cancel the Contract if the order is for DVDs, CDs,     computer and console games, software, minidiscs or memory cards computer     software which has been unsealed by you, or for consumable goods which, by their     nature, cannot be returned.

8    Warranty

8.1    All goods supplied by Us are warranted free from defects for 12 months from the     date of supply (unless otherwise stated). This warranty does not affect Your     statutory rights as a consumer.

8.2    This warranty does not apply to any defect in the Goods arising from fair wear and     tear, willful damage, accident, negligence by You or any third party, use otherwise     than as recommended by Us or the manufacturer, failure to follow Our instructions,     or any alteration or repair carried out without Our or manufacturer approval.

8.3    If the Goods supplied to You are damaged upon delivery, You should notify Us in     writing via the email address or fax number shown below within 7 days or receipt.

8.4    If the Goods supplied to you develop a defect while under warranty or You have any     other complaint about the Goods, You should notify Us in writing via the            email     address or fax number shown below, as soon as possible, but in any event     within 7 days of the date You discovered or ought to have discovered the damage,     defect or complaint.

9    Limitation of Liability

9.1    Our total liability in Contract, tort (including negligence or breach of statutory duty),     misrepresentation, restitution or otherwise, arising in connection with the     performance or contemplated performance of this agreement shall be limited to the     price paid for the Goods.

9.2    Nothing in these conditions excludes or limits the liability of Us for death or personal     injury caused by Our negligence or fraudulent misrepresentation.

9.3    As a consumer there are numerous rights that the law says You have. As a result,     We are content to honour all of those rights, plus all those representations that are     made about the Goods on this Website. Other than that, We exclude all other     warranties (express or implied) to the extent permissible by law.

9.4 If you are a business customer We shall not be liable to You for any indirect or     consequential loss or damage (whether for loss of profit, loss of business, depletion     of goodwill or otherwise), costs, expenses or other claims for consequential     compensation whatsoever (howsoever caused) which arise out of or in connection     with this agreement.

9.5    We cannot accept liability for any consequential loss of profit or indirect losses.

10     Data Protection

    We will take all reasonable precautions to keep the details of Your Order and     payment secure but unless We are negligent, We will not be liable for unauthorised     access to information supplied by You.

11    Applicable Law

    These terms of sale and the supply of the goods will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from the contract.

Momentum Automation Ltd Trading as
The West Wing, The Old Rectory, Moccas, Herefordshire HR2 9LA, UK
Tel: 08444 872 848
Fax: 08444 142 412