 |
Categories |
 |
|
 |
Manufacturers |
|
|
|
|
|
Quick Find |
|
|
|
Information |
|
|
|
| Delivery & Returns |
 |
|
|
- Delivery, Title and Risk
- Merlin Software shall use reasonable endeavours to
despatch goods by the date agreed with the customer, but does not accept
liability for failure to deliver within the stated time where this is caused by
circumstances beyond our reasonable control, such as delays caused by delivery
companies or manufacturer lead times. If a delay is likely, we shall contact
the customer and advise of the delay. A customer who is a Consumer shall be
entitled to cancel an order when advised of a delay if the revised delivery
date is not acceptable.
- In the case of a Business Customer, if Merlin Software is
unable to deliver the goods within 30 days of the agreed delivery date , the
Customer will, as its sole remedy, be entitled to cancel the order and require
any monies paid to Merlin Software in respect of that order to be refunded. In
order to cancel, the Customer must send written notice of cancellation to
Merlin Software after the above date but before delivery of the goods or
notification from Merlin Software that the goods are ready for delivery. This
Clause does not apply to Consumers.
- In the case of Business Customers, Merlin Software does
not accept liability for shortages or damage to deliveries unless the Customer
notifies Merlin Software of the shortage or damage in writing within 48 hours
of receipt of the delivery. Consumers should notify shortages or damage within
a reasonable period of becoming aware.
- Business Customers are required to be able to accept the
goods when they are ready for delivery within Normal Working Hours.
- Delivery is deemed to take place when the goods are
delivered to the Customer's nominated address, whereupon the risks of loss,
breakage and all damage and all other risks shall pass to the Customer.
- Title in the goods does not pass to the Customer until
payment is received in full by Merlin Software.
- If the Customer cannot accept delivery, Merlin Software
may at its option:
(a) store and insure the goods at the Customer's
expense and risk or
(b) sell the goods at the best price reasonably
obtainable and (after deducting reasonable storage insurance and selling costs)
pay to the Customer any excess over the sale price or charge the Customer for
any shortfall or
(c) re-arrange delivery provided that Merlin Software may
charge the Customer for the additional delivery costs incurred.
- The Customer may request a Proof of Delivery, provided
that this request is made in writing within 1 month of the date of delivery and
Merlin Software shall use reasonable endeavours to provide such proof.
Thereafter, delivery shall be deemed to have been successfully completed.
- Upon delivery of the goods, the Customer will be asked to
sign a Proof of Delivery to acknowledge safe receipt. It is the responsibility
of the Customer to ensure that the number of packages delivered corresponds
with the number stated on the delivery note. Where a discrepancy occurs or
where there is evident damage to the packaging, this should be noted on the
Proof of Delivery. Merlin Software shall not be liable for discrepancies or
damage evident on delivery where the Customer accepts delivery and signs the
Proof of Delivery without amendment.
- Our standard delivery time is 2-5 days, although for orders placed before 2.30pm we will endeavour to ship on a next day delivery. Delivery costs are as follows:
Up to 10Kg:
£9.95
Up to 20KG: £12.00
Up to 50Kg: £18.95
- Warranties and Returns
Please note that special
terms apply to Consumers who wish to return goods, which prevail over the
provisions of this Clause 8. Customers who are Consumers are referred to Clause
12 of our Conditions of Use.
- Merlin Software is committed to providing our customers
with the highest quality products and service. However, on rare occasions,
products may be found to be faulty or defective. In such cases we offer the
returns facilities described below.
- Unless otherwise stated in the manufacturer's
documentation, all goods delivered to a UK mainland address carry a 12-month
manufacturer's warranty.
- If you purchase goods in the course of your business, the
following provisions of this Clause shall apply. Other than the express
provisions set out in these terms and conditions, all other terms and the
implied terms or warranties relating to the supply of goods are excluded to the
fullest extent permitted by law. Goods are not tested or sold as being fit for
any particular application or for use under specific conditions, unless
expressly agreed in writing.
- If you purchase services in the course of your business,
the following provisions of this Clause shall apply. Merlin Software shall use
its skill and expertise to carry out any contracted works (the "Service(s)") to
a standard equivalent to that of a competent computer professional, and shall
warrant our work as free from defects, for a period of 30 days after
completion. In particular, we cannot be held responsible for any fault or
damage not caused by Merlin Software service engineers or its contracted
agents. In the event of a claim arising relating to the level of skill and
judgement applied in the course of providing Services, Merlin Software reserves
at its sole discretion the right to appoint an independent expert in the field
to appraise the work carried out in the execution of the Service(s).
Additionally, Merlin Software cannot be held responsible for equipment
installed or configured when the equipment has subsequently been altered or
configured by persons other than Merlin Software. Except as set out here, all
other express or implied terms or warranties relating to the Services are
excluded to the fullest extent permitted by law.
- Subject to the right of Consumers to return goods for
refund under The Consumer Protection (Distance Selling) Regulations 2000 (see
Clause 12 of our Conditions of Use), Merlin Software does not sell products on
a trial basis. Customers are strongly advised to check suitability and
specifications of products before ordering. In some instances, Customers may
benefit from special price discounts issued by a manufacturer specifically for
their benefit. Such goods are not returnable to the manufacturer and may not be
sold to other customers. Accordingly, orders for such goods can not be
cancelled and Merlin Software can only accept a return of such Goods where they
prove to be defective and the Goods are returned for repair or replacement.
- In the event that Merlin Software, at its discretion
(unless the Consumer Protection (Distance Selling) Regulations 2000 apply, see
Clause 12 of our Conditions of Use), agrees to accept the return for credit of
unwanted products, the goods must be returned with Merlin Software's prior
written agreement within 14 days of delivery. The goods must be unopened and in
perfect re-saleable condition. All goods returned in these circumstances
(except where the Consumer Protection (Distance Selling) Regulations 2000
apply, see Clause 12 of our Conditions of Use) will be subject to a handling
fee of 15% of Merlin Software's sale price for the goods, or £20,
whichever is the greater.
- Subject to testing to verify any alleged fault, we will
accept the return of defective goods for full refund or replacement at our
option, if, but only if, the goods are returned within 14 days of delivery.
Consumers who wish to return defective products are not obliged to follow the
processes set out below, but are recommended to do so as this helps us to
provide a more efficient returns service.
a. Merlin Software's technical
support staff or Customer Support staff, as appropriate, will advise you of
which method of delivery to use to return the products. Depending on the nature
of the product purchased, we will either arrange a courier collection, or
request that you return the product directly to us. If the goods are found on
inspection to be defective, the cost of returning the item will be refunded to
you. Authorised product returns must be sent to: Merlin Software, Barnsley BIC,
Innovation Way, Barnsley, S75 1JL.
b. Merlin Software offers a "no charge"
collection, repair and delivery service (on the UK mainland only) for hardware
which is shown to be faulty provided that the fault is reported within 14 days
of delivery. If we have arranged for a courier collection of your product, we
are unable to specify the collection time, and it is your responsibility to
ensure that someone will be present at the collection address when the courier
arrives.
c. All returned goods (except those returned under Clause 12 of
our Conditions of Use) must be accompanied by Merlin Software's Returns
Authorisation number ('RMA Number') which can be obtained by contacting
Customer Support on 01226 202011. Returned goods will not be accepted without
an RMA Number. Do not write directly on the manufacturer's packaging. Please
write the RMA number on the address label provided with the Returns
Authorisation and attach it to the returned package. Any defacement of the
manufacturer's packaging or damage caused by inadequate packaging may result
in the rejection of the return or an additional restocking fee, at Merlin
Software's sole discretion.
d. Merlin Software cannot accept liability for
packages damaged during transit. It is the Customer's responsibility to wrap
the product adequately to prevent damage.
e. Proof of postage is not proof
of delivery and you are therefore strongly advised to send your package by
recorded delivery, registered post or courier, and to insure the goods for
their full value.
f. On receipt of the returned product, we will test it to
identify the fault you have notified to us.
g. If following the testing
process, the product is found to be in good working order without defect, we
will return the product to you, and the carriage costs of this return will be
your responsibility. Please note that if you have, in the meantime, required us
to provide you with a replacement product before completion of the testing
process, you will have to pay for this product also. This Clause does not apply
to Consumers returning goods pursuant to Clause 12 of our Conditions of Use.
h. Unless otherwise stated in the manufacturer's documentation, all goods
delivered to a UK mainland address carry a 12-month manufacturer's warranty.
Customers who wish to make a warranty claim must comply with the
manufacturer's instructions and warranty procedure. In order to resolve your
problem as quickly as possible, we may refer you to the product manufacturer
who will deal directly with the return. In these instances, we will provide you
with the contact information for the relevant manufacturer. If you are a
consumer, this does not affect your statutory rights.
i. This warranty
shall not apply if the goods have been worked upon, altered or damaged in any
way by the Customer or its employees or agents, or to goods not used in
accordance with the manufacturer's instructions.
j. No software on which
seals have been broken can be returned for credit. If any software discs are
faulty, the manufacturer will replace them. If you are a consumer this does not
affect your statutory rights. Please note Software Licences are non returnable
unless the software is materially non-compliant with its specification.
k.
Some manufacturers require goods to be returned within 14 days or less in order
to secure refund. In such instances the manufacturer's time limit will apply
and therefore Merlin Software will only accept a return within 14 days of
purchase or the manufacturer's time limit, if that limit is less than 14 days
this is clearly indicated on the particular product. We can only accept the
return of a defective product that does not meet the description, if they are
returned to us within 14 days. Beyond that period you will be deemed to have
accepted the goods and you must therefore check the goods promptly on receipt.
|
|
|
|
|
|
