This website, and the web shop (from now on called “Web Shop”) on this website, is provided by Mason Technology Limited which has its registered offices at 228, South Circular Road, Dublin 8, Ireland.
The website and the Web Shop are directed at businesses and, specifically, are not directed at general consumers, i.e. persons acting outside of their business, trade and/or profession.
2. YOUR ACCEPTANCE
Access to, viewing, and use of, this website and the Web Shop (including, without limitation, the purchase of goods from the Web Shop) is governed by, and subject to, the following terms and conditions (from now on called “Website Terms of Sale”).
PLEASE READ THESE WEBSITE TERMS OF SALE CAREFULLY AS THEY CONTAIN A NUMBER OF CONTRACTUAL PROVISIONS WHICH AFFECT YOUR RIGHTS INCLUDING, WITHOUT LIMITATION, EXCLUSIONS OF LIABILITY.
The terms and conditions set out below prevail over any terms and/or conditions put forward by you or any third party and none of the conduct of Mason Technology Limited or any other person will constitute acceptance of any terms and/or conditions put forward by you unless Mason Technology Limited expressly agrees to them in writing signed by its duly authorised agent.
If you do not agree, or are not comfortable, with any of these terms and conditions, your only option and remedy is to immediately discontinue use of this website.
By accepting these Website Terms of Sale, you agree and confirm that you are not dealing, and will not deal, as a consumer (i.e. that you are not acting, and will not act, outside of your business, trade and/or profession).
If you are a consumer, you may not order products from the Web Shop.
You are not required to register with the Web Shop if you simply want to browse through the content on this website.
However, registration is required to purchase goods from the Web Shop. Registration is at the sole discretion of Mason Technology Limited. Only entities or persons resident in Ireland and Northern Ireland who are not consumers (i.e. who are not persons acting outside of their business, trade and/or profession) may register with the Web Shop.
You will be asked to provide information such as your name, address, telephone number, company name, position in company, department in company and email address in order to register. All information supplied must be complete and accurate and up-to-date. Mason Technology Limited will provide you with a user ID and password.
If Mason Technology Limited accepts your application for registration, you will be provided with an individual account.
You are responsible for all actions taken under your individual account. You must keep your password and user ID safe and secure and not disclose them to any other unauthorised person or permit either directly or indirectly any other unauthorised person to utilise your user ID or password.
You may only use your own account and may not use or access any third party’s account without their prior express consent. You must immediately notify Mason Technology Limited of any unauthorised or suspected unauthorised use of your user ID and/or password.
Mason Technology Limited can terminate your registration without reason and/or prior notice at the sole discretion of Mason Technology Limited.
6. INVITATION TO MAKE A UNILATERAL BINDING OFFER ONLY
The content of this website and any prices set out on it do not constitute, and cannot be construed as, the terms of a contractual offer which may be accepted by you by completion of the ordering process. Rather, the completion of the order process by you only results in you making a unilateral and binding offer to purchase the relevant goods from Mason Technology Limited. Mason Technology Limited may, at its sole discretion, accept or reject any such unilateral offer in whole or in part by performance, non-performance or otherwise or make a counter-offer.
7. HOW TO MAKE AN OFFER
In order to make an offer, you must complete the ordering process in the manner explained on the website.
8. REVOCATION OF AN OFFER
Any purported revocation of an offer made by you will only be effective provided that it is communicated to Mason Technology Limited in writing and provided that Mason Technology Limited acknowledges receipt of the written revocation.
9. ACKNOWLEDGEMENT OF RECEIPT
Mason Technology Limited will endeavour to promptly acknowledge receipt of any offers made by you by sending you confirmation of safe receipt by e-mail or by phoning you.
However, Mason Technology Limited does not guarantee that it will issue, and is not responsible for the issue or non-issue of, confirmation of safe receipt of your offer and/or order and you agree, as a non-consumer, that Mason Technology is not obliged to issue any acknowledgement confirming safe receipt of any offer or order made by you.
If you do not receive confirmation that your offer has been safely received by Mason Technology Limited within two (2) business days, you should inquire by e-mail to email@example.com or by telephone to 00353 1 4534422.
10. COMMUNICATION OF ACCEPTANCE/REJECTION
Mason Technology will endeavour to notify you by e-mail whether it has accepted or rejected your unilateral binding offer in whole or in part or made a counter-offer. However, Mason Technology Limited reserves the right to accept any unilateral offer you make by performance.
Consequently, if Mason Technology Limited accepts any unilateral binding offer made by you, it may deliver products to you directly, and charge you for such products, without any separate acknowledgement or confirmation of acceptance.
If Mason Technology Limited makes a counter-offer, you will be required to confirm acceptance of such counter-offer within the timeline stipulated by Mason Technology Limited or, if no such timeline is stipulated, within a reasonable period.
If you do not receive confirmation that your offer has been accepted or rejected by Mason Technology Limited within two (2) business days, you should inquire by e-mail to firstname.lastname@example.org or by telephone to 00353 1 4534422.
11. SUBJECT TO AVAILABILITY
Offers are accepted by Mason Technology Limited and goods are delivered subject to availability and Mason Technology Limited accepts no responsibility and will not be liable in any way to you if the goods ordered are unavailable.
12. NON-APPLICATION OF E-COMMERCE REGULATIONS
It is agreed by you, as a non-consumer, and Mason Technology Limited that, in particular, Regulations 13(1), 13(2), 14(1)(a) and 14(2) of the European Communities (Directive 2000/31/EC) Regulations 2003 do not apply.
13. RETURN OF DAMAGED OR UNSUITABLE GOODS
No goods may be returned to the Company without its prior written authorisation (which may be withheld in the sole discretion of the Company). Prior written authorisation of the Company to return damaged goods must be requested within 3 days of delivery to the Customer and the return or replacement of such goods will be at the discretion of the Company. Prior written authorisation to return goods deemed unsuitable by the Customer must be requested within 3 days of the date of delivery to the Customer and the return or replacement of such goods will be at the discretion of the Company. If the return of unsuitable goods is approved, a reasonable restocking fee shall be applied by the Company at 15% of the order value on orders up to a value of €20,000 and 20% of the order value on orders exceeding €20,000 by way of liquidated damages, if by no fault of Mason Technology Ltd.
Goods must be returned to the Company at the Customer’s expense within 30 days of initial delivery. Damaged or unsuitable goods must be returned in the original packaging supplied by the Company and the Company shall not be obliged to accept goods not so returned.
14. CANCELLATION OF AN ORDER
No order may be cancelled or altered by you except with the prior written agreement of Mason Technology Limited and upon terms and conditions acceptable to Mason Technology Limited.
Cancellation of an order (with or without Mason Technology Limited’s prior written consent) prior to delivery of the goods and/or services may incur a fee to cover all reasonable costs incurred by Mason Technology Limited in relation to the cancelled order. Unless otherwise agreed in writing by Mason Technology Limited, if you cancel any order, you will be liable for the reasonable costs of all work done and materials purchased or provided up to the time of cancellation. A reasonable restocking fee will be applied by Mason Technology Limited at 15% of the order value on orders up to a value of €20,000 and 20% of the order value on orders exceeding €20,000 by way of liquidated damages. You acknowledge that the amount of liquidated damages provided herein is fair and reasonable and represents on the basis of the information communicated by Mason Technology Limited to you a fair and genuine pre-estimate of any resulting loss or expense of Mason Technology Limited. It is further agreed by you that this is without prejudice to any other right or remedy whatever (including, without limitation, a right to recover additional damages) available to Mason Technology Limited. If goods have been shipped to you in the event of a cancellation, you will return the goods promptly, at your sole expense, to Mason Technology Limited, in the same condition as shipped.
Where the customer has ordered an IQOQ and cancels the IQOQ after receipt of the preapproval protocol IQOQ documentation, the customer shall pay 50% of the cost of the IQOQ as set out in the PO for the IQOQ to cover the cost of the preapproval protocol IQOQ documentation.
15. SUPPLYThe Company reserves the right at its sole discretion to accept or reject any Customer Purchase Order without reason. Any dates specified by the Company for the delivery of goods and/or for the performance of services are estimates only. The Company will use reasonable efforts to supply goods and/or services within the time requested in the Purchase Order and in any event within a reasonable period. It is agreed that the Customer shall not be entitled to terminate this contract by reason of the Company’s failure to supply goods and/or services by the estimated supply date and that the Company shall not be liable to the Customer for any losses whatsoever caused by such failure. The goods and/or services may be supplied by the Company in advance of the estimated supply date. Unless otherwise expressly agreed in writing, the Company may affect delivery of the goods and/or provision of the services in one or more installments. Should the Company be delayed in or prevented from supplying the goods or services due to war, terrorism, lock-outs, fire, floods, explosion, labour disturbances, trade disputes or shortages in raw material or due to any other cause whatsoever beyond the reasonable control of the Company, the Company shall be at liberty to terminate, cancel or suspend the Purchase Order without incurring any liability whatsoever for any loss or damage arising therefrom. The Company shall not be liable for any damages, discrepancy or shortage or excess in the goods supplied unless the Customer notifies the Company within three (3) days of delivery of the goods. Purchase Orders are accepted and goods are delivered / services are provided subject to availability and the Company accepts no responsibility and shall not be liable in any way to the Customer if the goods and / or services ordered are unavailable. If the Customer refuses or fails to take delivery of the goods and / or facilitate provision of the services in accordance with these Terms & Conditions or fails to take any action necessary on its part for delivery of the goods and / or provision of the services , the Company is entitled to terminate the relevant Purchase Order with immediate effect, dispose of the goods as the Company may determine at its sole discretion and recover from the Customer any loss and additional costs incurred as a result of such refusal or failure (including, without limitation, transport and storage costs from the due date of delivery).
Mason Technology Ltd will invoice 100% of the total order on despatch of equipment including all IQOQ/ Service elements associated with the customers purchase order.
The Company will accept a returned product under the WEEE Compliance Scheme (Article 18 of the Waste Management Regulations 2005 (the “WEEE Regulation”). Under the WEEE Regulation, the Company is legally obliged to accept returned products placed on the market prior to 13th August 2005 which are replaced by /with new equivalent products or with new products fulfilling the same function. Products distributed to the market since this date regardless of being replaced will be facilitated. Under Article 21 and 22 of the WEEE Regulation, the Company is legally obliged to ensure that the ‘Treatment of waste electrical and electronic equipment’ and ‘Recovery of waste electrical and electronic equipment’ is conducted in accordance with the Waste Management Regulations 2005. It is the responsibility of the Company to dispose of these products, ensuring adherence to the above mentioned Articles 21 and Article 22, which requests records on the disposals of these products to be retained by the vendor of the products. The Customer will contact the Company at the end of any product’s useful life to dispose of the product(s) in accordance with the WEEE Regulation. The financial liability of the return and recycle of the goods will remain the Customer’s responsibility, and this cost shall be quoted separately on request of return of the Product to the Company.