Please read these Terms & Conditions of Sale carefully upon placing your order and retain a copy of these Terms & Conditions and your order for future reference.
1. Formation of Contracts
1.1 These terms of sale apply to all goods supplied by Monarch K9 Fabrications (Supplier/ Manufacturer)
1.2 No contract exists between you and us for the sale of any goods until we have received and accepted your order and we have received payment in full (in cleared funds). Once we have done so, there is a binding legal contract between you and us.
1.3 By way of clarification, an acknowledgement of your order will be sent to you in writing or by email to the address or email address you have given when you place your order, but acceptance of your offer to buy the goods will not take place until after your payment is taken and you receive our confirmation in writing to you by post or email. It is at this point that a binding legal contract is created, and any contract is subject to these Terms and Conditions.
1.4 We recommend that you check the order confirmation to ensure that the correct goods for your purposes are ordered. Please inform us as soon as possible of any errors or variations.
1.5 The contract is subject to your right of cancellation detailed in clause 6, save as regards special items/orders (i.e. where goods supplied have not been as our current catalogue or website specification but have been supplied or manufactured to your own special request or specification or where goods have been made to order e.g. Custom Size Dog Kennels, Dog Runs, Galvanised Panels or any optional extras that have been added etc.) where there is no right of cancellation. Monarch K9 Fabrications may at their discretion accept a cancellation, however a 20% cancellation fee will apply.
1.6 We may change these terms of sale without notice to you in relation to future sales.
2. Description and price of the goods
2.1 The description and price of the goods you order will be as shown on our web site at the time you place your order.
2.2 The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, we will inform you as soon as possible, and refund or recredit you for any sum that has been paid by you or debited from your credit card for the goods.
2.3 Every effort is made to ensure that prices shown on our web site are accurate at the time you place your order. If an error is found, we will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, we will refund or recredit you for any sum that has been paid by you or debited from your credit card for the goods.
2.4 In addition to the price you will be required to pay a delivery charge for the goods, as shown in the section of our web site about delivery.
2.5 The price of the goods and delivery charge are subject to VAT.
2.6 Any figures, statements, descriptions, illustrations, photographs, drawings, weights or any other matters contained in the seller's pamphlets, price lists or advertising literature are not guaranteed to be accurate and are intended merely to represent a general picture of the sellers' products and services and shall not form part of the Contract nor be regarded as a warranty or representation relating to the goods.
3. Title and ownership
3.1 Ownership of the goods shall not pass to you until they have been paid for in full (in cash or cleared funds).
.2 We shall be entitled to recover payment for the goods for which you have not paid (e.g. if a credit card payment is rejected or recalled or if a cheque is dishonoured) even though ownership of any of the goods has not passed from us
Payment for the goods and delivery charges can be made by any method shown in our current catalogue or shown on our website at the time you place your order. All goods shall be paid for in full at the time the order is placed. Goods may be paid for by Visa / Mastercard / Switch / Solo or by cheque. If payment is made by cheque 10 working days must be allowed for clearance prior to the goods being dispatched or collected. Payments made via credit cards are charged at 2.5% and must be registered to the purchasers delivery address upon ordering.
4.1 Any CAD Drawings/ Sketches requested by the you the customer prior to ordering will incur an £150.00 +vat fee which will then be deducted from the Total Price once the order is placed. If the order is not placed the £150.00 will be NON-Refundable.
5.1 We deliver Worldwide. Please consult our website before you place your order.
5.2 The goods you order will be delivered to the address you give when you place your order.
5.3 Acceptance of your order and completion of the contract between you and us will take place on agreement for delivery to you of the products ordered unless we have notified you that we do not accept the order or you have cancelled it
5.4 If delivery cannot be made to your address, we will inform you as soon as possible, and refund or recredit you for any sums that have been paid by you or debited from your credit card for delivery.
5.5 If there is no one at your address given who is competent to accept delivery of the goods or if your address is inaccessible, you will be notified of an alternative delivery date or a place to collect the goods from. You will be liable to pay all our additional costs and expenses in this regard.
5.6 Every effort will be made to deliver the goods as soon as possible after your order has been accepted and in any event within 30 days of your order provided all goods are available in stock. We will not be liable for any loss or damage suffered by you through any delay in delivery including where there is any delay in delivery made by a third-party courier, we also accept no liability or responsibility for any charges or costs you incur due to alternative housing or kennelling for your animals during this time. In this case, we will inform you as soon as possible of any delays.
5.7 Upon receipt of your order you will be asked to sign for the goods received in good condition. Please carefully check your order. If the package does not appear to be in good condition, then please refuse the delivery. All deliveries are insured against damages only if signed for as damaged. If your delivery is received damaged, please refuse delivery and note on paperwork what the damage is. You the customer will be held liable upon signing for damaged goods and then later returning, you will be inclined to pay the returns on the items.
Important! Claims for replacement goods can NOT be dealt with if goods are signed for in good condition. Monarch K9 Fabrications accept no responsibility if the goods are not correctly inspected and signed for in good condition.
Monarch K9 Fabrications accept no liability for late deliveries and cannot offer compensation under any circumstances.
If, at your request, the carriers do leave the goods without a signature, then you must take full responsibility for any subsequent loss, damage or theft of the goods.
5.8 Please notify us in writing or email as soon as possible of any damage or shortages.
5.9 (Subject to Clause 3.1 above) you will become the owner of the goods you ordered and responsible for risk of loss of or damage to them once they have been delivered to you.
6. Your right of cancellation
6.1 To exercise your right of cancellation you must give written notice to us by post or email, at the address, or email address shown on the order confirmation, giving details of the goods ordered and (where appropriate) their delivery.
6.2 If you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to us at your own cost. The goods must be returned to the address shown on the order confirmation. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. Goods must be returned in unused, brand new condition if not you will only be entitled to PART REFUND.
6.3 Once you have notified us that you are cancelling the contract, we will refund or recredit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods less your original delivery price.
6.4 If you do not return the goods as required we may charge you a sum not exceeding the direct costs of recovering the goods.
6.5 Monarch Fabrications accept no liability for remote consequential losses, indirect consequential losses or damages to you the consumer. Neither Party shall be liable to the other Party for loss of use of any Works, loss of profit, loss of any contract or for any indirect or consequential loss or damage which may be suffered by the other Party in connection with the Contract.
7.1 All goods supplied by us are warranted free from defects for 12 months (unless otherwise stated) from the date of supply. This warranty does not affect your statutory rights as a consumer.
7.2 This warranty does not apply to any defect in the goods arising from fair wear and tear, failure to maintain them in good condition, wilful damage, misuse, accident, negligence by you or any third party, use otherwise than as recommended by us the manufacturer, failure to follow installation or other instructions, any alteration or repair carried out without our approval, or any destruction caused by any animal.
7.3 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 at the address, or email address on the order confirmation.
7.4 No Warranty claim can be accepted in respect to any goods unless they are returned to us for inspection or requested photographic proof is provided .
7.5 In the event that you would be entitled to damages against us for any breach Warranty we shall not be liable to pay damages but shall (subject to clause 7.2 above) in our sole discretion either repair the goods at our own expense or supply replacement goods free of charge or refund all (or where appropriate part) of the price paid for the relevant goods. This clause does not affect your statutory rights as a consumer.
7.7 No Warranty is given that the goods are suitable for the purposes for which you intend to use them.
7.8 Property Access
We require access to the site upon arrival and the time we are present to be clear and easily accessible for vehicles to deliver in an efficient manner. If this is not possible, we need to be made aware upon ordering to make suitable arrangements, failure to do so we reserve the right to refuse delivery if access is blocked, locked or deemed inappropriate and you will be charged a minimum fee of £35.00 for re-delivery.
Access regarding delivery and installation.
Vehicle Access – We require clear access to allow vehicles within 10metres of the site. If this is not possible, we must be made aware upon ordering to make suitable arrangements, failure to do so we reserve the right to refuse delivery and installation or we you may incur a surcharge calculated upon arrival to the site.
Personal Access – Due to Health and Safety onsite, personal access is required at all times to be clear of any obstructions. If this is not possible, we will require photographs of the site prior ordering as this will incur a surcharge upon installation. We also hold the right to refuse installation upon arrival if we deem access unsuitable to work in and the customer will be responsible and charge for re-delivery and installation fees.
Site Perimeters – We require a minimum of 900mm around the build area. If this is not possible it must be stated upon ordering. We reserve the right to refuse installation and the customer will be responsible and charged for re-delivery and installation fees.
Inadequate Access – Any delays caused by inadequate access, unsuitable and/or unsanitary working environment – such as loose dogs, electric fencing or any obstructions will be charged accordingly. We will not be held liable for any delays in this instance.
Timescale – Timescales of builds are given only as an estimate. This can change due to a number of unforeseen circumstances such as, Traffic, Injury on site, Electrical or Equipment Failure and any Adverse Weather Conditions. Monarch K9 will aim to complete the installation as efficiently as possible without compromise of quality. In any circumstances there maybe a delay in the build process or the timescale takes a longer period of time we will not be held accountable or liable for any charges or fees for any alternative housing for your animals during this time.
On Site –
Under no circumstances should any member of the public or customer be on the working site area whilst installation is taking place. The Monarch K9 Fabrications team will offer the customer correct PPE should there be anything that needs to be discussed during the build, this will only take place once all machinery, tools and work is at a stop. We hold no responsibility for any person or persons who are injured on site during the installation process.
Third Party Contractors:
Any third-party contractors that have been organised/hired by the customer will not start any works to the build until it has been complete, checked over and signed off along with a job satisfaction sheet to say the customer is happy with the build. We will not hold any responsibility of any costs that the customer may incur if the timescale of the job runs over and any third party contractor is then delayed.
7.9 Data Protection
8 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 unauthorized access to information given by you. we will use the information you provide about yourself for the purpose of fulfilling your order, unless you agree otherwise. We would like to notify you of products and offers that may be of interest to you from time to time, but if you do not wish to be notified of these, please tick the box below. You can correct any information about you, or ask for information about you to be deleted, by giving written notice to us at the address or email address shown below.
9. Applicable law
9.1 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, save that consumers resident in Scotland shall have the right to insist upon these terms being construed in accordance with the laws of Scotland and to submit to the jurisdiction of Scottish Courts.
10.1 The waiver by us of any breach or default of these Terms shall not be construed as a continued waiver of that breach or as a waiver of any subsequent breach of the same or any other provision.
10.2 If any clause or sub-clause of these Terms is held by a competent authority to be invalid or unenforceable the validity of the other clauses and sub-clauses of these Terms shall not be affected and they shall remain in full force and effect.
10.3 Nothing in this contract is intended to or will grant any right to any third party to enforce any terms of this contact whether expressed or implied.
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