1.1 www.measomfreer.co.uk is a site operated by Measom Freer & Company Limited (we).  We are registered in England and Wales under company number 654605 and with our registered office at 37-41 Chartwell Drive, Wigston, Leicestershire, LE18 2FL.  Our VAT number is GB 115 647474.

By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts; and
(b) You are at least 18 years old.
 

3.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order.  Please note that this does not mean that your order has been accepted.  Your order constitutes an offer to us to buy Goods.  All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Goods have been dispatched (the Dispatch Confirmation).  The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.  

3.2 The Contract will relate only to those Goods whose dispatch we have confirmed in the Dispatch Confirmation.  We will not be obliged to supply any other Goods which may have been part of your order until the dispatch of such Goods has been confirmed in a separate Dispatch Confirmation.
 

4.1 If you are contracting as a consumer, you may cancel a Contract at any timeany time within seven working days, beginning on the day after you received the Goods.  In this case, you will receive a full refund of the price paid for the Goods in accordance with our refunds policy (set out in clause 9 below).  

4.2 To cancel a Contract, you must inform us in writing. You must also return the Good(s) to us immediately, in the same condition in which you received them, and at your own cost and risk.  You have a legal obligation to take reasonable care of the Goods while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

4.3 If you are not contracting as a consumer a Contract cannot be cancelled without our written consent and only then upon such terms as directed by us.  You will indemnify us against all losses incurred as a result of a cancellation by you of a Contract.  

4.4 Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation.  This provision does not affect your statutory rights.
 

Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within [30 days] OR [a reasonable time] of the date of the Dispatch Confirmation, unless there are exceptional circumstances. 

6.1 The Goods will be at your risk from the time of delivery.
6.2 Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of the Goods, including delivery charges.
 

7.1 We warrant that on delivery, and for a period of 12 months from the date of delivery (warranty period), the Goods shall:
(a) Conform in all material respects with their description;
(b) Be free from material defects in design, material and workmanship; and
(c) Be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).
7.2 Subject to clause 7.3, if:
(a) you give notice in writing to us during the warranty period within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 7.1; and 
(b) We are given a reasonable opportunity of examining such Goods; and
(c) You (if asked to do so by us) return such Goods to our place of business at your cost,
We shall, at our option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
7.3 We shall not be liable for Goods' failure to comply with the warranty set out in clause 7.1 if:
(a) you make any further use of such Goods after giving notice in accordance with clause 7.2; or
(b) The defect arises because you failed to follow our oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Goods or (if there are none) good trade practice; or
(c) The defect arises as a result of us following any drawing, design or specification supplied by you; or
(d) You alter or repair such Goods without our written consent; or
(e) The defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions.
7.4 Except as provided in this clause 7, we shall have no liability to you in respect of the Goods' failure to comply with the warranty set out in clause 7.1.
7.5 Except as set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
7.6 These Conditions shall apply to any repaired or replacement Goods supplied by the Supplier.
7.7 Any material supplied to us by a third party (Third Party Supplier) which forms part of the Goods product shall not be guaranteed to any greater extent than the guarantee given to us by the Third Party Supplier.
 

8.1 The price of any Goods will be as quoted on our site from time to time, except in cases of obvious error.  
8.2 These prices exclude VAT, costs of delivery, insurance and packaging, which will be added to the total amount due as set out in our Delivery Guide.  
8.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
8.4 Our site contains a large number of Goods and it is always possible that, despite our best efforts, some of the Goods listed on our site may be incorrectly priced.  We will normally verify prices as part of our dispatch procedures so that, where Goods correct price is less than our stated price, we will charge the lower amount when dispatching the Goods to you.  If Goods correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Goods, or reject your order and notify you of such rejection. 
8.5 We are under no obligation to provide the Goods to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing.
8.6 Payment for all Goods must be by credit or debit card.  We accept payment with MasterCard, Maestro, Visa and Switch. We will not charge your credit or debit card until we despatch your order.

9.1 When you return Goods to us:
(a) Because you have cancelled the Contract between us within the fourteen-day cooling-off period (see clause 4.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Goods in full, including the cost of sending the item to you.  However, you will be responsible for the cost of returning the item to us. 
(b) For any other reason (for instance, because have notified us in accordance with paragraph 20 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Goods is defective), we will examine the returned Goods and will notify you of your refund via e-mail within a reasonable period of time.  We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Goods. Goods returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.  
9.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase. 
 

10.1 We warrant to you that any Goods purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which Goods of the kind are commonly supplied.  
10.2 Our liability for losses you suffer as a result of us breaking this agreement including deliberate breaches is strictly limited to the purchase price of the Goods you purchased.
10.3 This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987; 
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
10.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:
(a) Loss of income or revenue
(b) Loss of business
(c) Loss of profits or contracts
(d) Loss of anticipated savings
(e) Loss of data
(f) Loss of data, or
(g) Waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable;
provided that this clause 10.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 10.1 or clause 10.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (g) inclusive of this clause 10.4.
 

11.1 If you order Goods from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination.  You will be responsible for payment of any such import duties and taxes.  Please note that we have no control over these charges and cannot predict their amount.  Please contact your local customs office for further information before placing your order.

11.2 Please also note that you must comply with all applicable laws and regulations of the country for which the Goods are destined.  We will not be liable for any breach by you of any such laws.

You shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are disclosed to you, your employees, agents or subcontractors, and any other confidential information concerning our business, our products or services which you may obtain. You shall only disclose such confidential information to those of your employees, agents or subcontractors who need to know the same for the purpose of discharging your obligations under the Contract, and shall ensure that such employees, agents or subcontractors shall keep such information confidential.

You shall not possess, represent, warrant or undertake that it has any rights in or title to the intellectual property rights relating to the Goods and you represent, warrant and undertake that you shall not, whether by act or omission, allow our rights to be impaired with regard to the intellectual property rights in relation to the Goods (or otherwise howsoever).

Applicable laws require that some of the information or communications we send to you should be in writing.  When using our site, you accept that communication with us will be mainly electronic.  We will contact you by e-mail or provide you with information by posting notices on our website.  For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.  This condition does not affect your statutory rights.

All notices given by you to us must be given to Measom Freer & Company Limited at 37-41 Chartwell Drive, Wigston, Leicestershire, LE18 2FL.  We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 12 above.  Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter.  In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, thatmail that such e-mail was sent to the specified e-mail address of the addressee.

16.1 The contract between you and us is binding on you and us and on our respective successors and assigns. 

16.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. 

16.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any timeany time during the term of the Contract.

17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event). 

17.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

(a) Strikes, lock-outs or other industrial action.

(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.

(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.

(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

(e) Impossibility of the use of public or private telecommunications networks.

(f) The acts, decrees, legislation, regulations or restrictions of any government.

17.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.  We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

18.1 If we fail, at any timeany time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

18.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

18.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 15 above.

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

20.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any Contract.
20.2 We each acknowledge that, in entering into a Contract, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty (Representation) of any person (whether a party to that Contract or not) other than as expressly set out in these terms and conditions.
20.3 Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these terms and conditions.
20.4 Nothing in this clause shall limit or exclude any liability for fraud.

21.1 We have the right to revise and amend these terms and conditions from time to time.  
21.2 You will be subject to the policies and terms and conditions in force at the time that you order Goods from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Goods).
 

Contracts for the purchase of Goods through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law.  Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales. 

Company policy of continual product improvement may result in technical, dimensional and other specifications being subject to change without notice. It is strongly recommended that users should establish for themselves the suitability of any product for their application. Freedom under patents, copyright and registered designs cannot be assumed.

Please inform us if you need our products manufactured in specific materials, to comply with legislation or, for example, a pharmaceutical grade, so that we may source the correct material for your products.