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MASON TECHNOLOGY LIMITED WEBSITE TERMS OF SALE


1. GENERAL
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.

BY CLICKING THE “I AGREE” ICON, YOU (INCLUDING, FOR THE AVOIDANCE OF DOUBT, ANY ENTITY OR PERSON ON WHOSE BEHALF YOU ARE ACTING) AGREE TO THESE WEBSITE TERMS OF SALE AND OUR WEBSITE TERMS OF USE (FROM NOW ON CALLED “WEBSITE TERMS OF USE”) AND PRIVACY STATEMENT (FROM NOW ON CALLED “PRIVACY STATEMENT”), BOTH OF WHICH ARE HEREBY INCORPORATED INTO THESE WEBSITE TERMS OF SALE.

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.

3. AMENDMENT
Mason Technology Limited reserves the right to modify these Website Terms of Sale, the Privacy Statement and Website Terms of Use from time to time without notice to you.

Each time you access, view and/or use this website, you will be bound by the then current Website Terms of Use, Website Terms of Sale and Privacy Statement. For this reason, you should review each of them each time you access, view or use this website.

4. NON-CONSUMER
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.

5. REGISTRATION

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.

By registering, you (including, for the avoidance of doubt, any entity or person on whose behalf you are acting) agree to be bound by these Website Terms of Sale, our Website Terms of Use and Privacy Statement. Any person may discontinue their registration at any time by e-mailing Mason Technology Limited at info@masontec.ie

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 weborders@masontec.ie 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 weborders@masontec.ie 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. SUPPLY

The 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).

 


16. TITLE AND RISK
Property and title in goods delivered or collected shall not pass to the Customer until the Customer has paid all sums due to the Company: (i) in respect of the goods; (ii) on any other account; and (iii) in respect of interest payable in accordance with clause 3 or otherwise. The Customer shall be entitled to sell the said goods in the ordinary course of the Customer’s business (but not otherwise) during the time that they remain the property of the Company. In such event, the Customer shall be under a fiduciary duty to account to the Company for the proceeds of such sale to the extent of the total of all moneys owing by the Customer to the Company. The goods shall be at the risk of the Customer from time of delivery to the Customer or, in the case of goods collected by the Customer, the Customer shall assume risk in such goods on collection, notwithstanding that the title and property in the goods may not have passed to the Customer. This reservation of title clause shall not entitle the Customer to return the goods and refuse or delay payment on the grounds that title and property has not yet been passed. If the Customer fails to pay in full for goods delivered by the date for payment, the Company shall be entitled to bring an action for the price notwithstanding that title and property of the goods has not passed to the Customer, or at the Company’s option, to enter on the Customer’s premises to retake possession of any goods the subject of this clause 4.

 



17. WARRANTY & EXCLUSIONS OF LIABILITY
THE GOODS AND/OR SERVICES SUPPLIED PURSUANT TO THESE WEBSITE TERMS OF SALE CARRY ONLY THE WARRANTY (IF ANY) OF THE RELEVANT MANUFACTURER AND YOU ARE ONLY ENTITLED TO THE BENEFIT THEREOF TO THE EXTENT THAT MASON TECHNOLOGY LIMITED HAS THE POWER TO PASS THROUGH THE BENEFIT OF SUCH MANUFACTURER’S WARRANTY TO YOU.

SAVE AS EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MASON TECHNOLOGY LIMITED HAS NO LIABILITY WHATSOEVER FOR ANY DEFECT IN THE QUALITY OF THE GOODS OR SERVICES SUPPLIED OR THEIR FAILURE TO CORRESPOND TO ANY DESCRIPTION OR SAMPLE OR TO BE FIT FOR ANY PARTICULAR PURPOSE AND ALL OTHER TERMS, CONDITIONS, WARRANTIES, STIPULATIONS AND UNDERTAKINGS, WHETHER EXPRESS OR IMPLIED BY STATUTE OR COMMON LAW ARE EXCLUDED.

SAVE AS EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS AND WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, ALL TERMS, WARRANTIES AND CONDITIONS IMPLIED BY SECTIONS 13, 14 AND 15 OF THE SALE OF GOODS ACT 1893, AS AMENDED BY SECTION 10 OF THE SALE OF GOODS AND SUPPLY OF SERVICES ACT, 1980 ARE HEREBY EXCLUDED TO THE EXTENT THAT SUCH IS FAIR AND REASONABLE. ALL TERMS IMPLIED BY THE SALE OF GOODS AND SUPPLY OF SERVICES ACT 1980 ARE HEREBY EXCLUDED. FOR THE AVOIDANCE OF DOUBT, YOU CONFIRM THAT YOU HAVE ENTERED INTO THIS AGREEMENT IN THE COURSE OF YOUR BUSINESS AND NOT AS A CONSUMER.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER MASON TECHNOLOGY LIMITED, ITS ASSOCIATED COMPANIES NOR ANY OTHER RELATED PARTIES ARE LIABLE FOR ANY OF THE FOLLOWING:

(I) LOSS OF ACTUAL OR ANTICIPATED PROFITS OR LOSS OF SALES;

(II) LOSS OF BUSINESS, BUSINESS OPPORTUNITY, INVESTMENT OR CUSTOMERS;

(III) LOSS OF ACTUAL OR ANTICIPATED REVENUE OR SAVINGS;

(IV) LOSS OF, DAMAGE TO, OR REDUCTION IN VALUE OF, GOODWILL OR REPUTATION;

(V) LOSS OF, OR LOSS OF USE OF, OR DAMAGE TO, ANY SOFTWARE OR DATA OR EQUIPMENT (INCLUDING COMPUTER EQUIPMENT);

(VI) LOSS AND/OR LIABILITIES ARISING UNDER OR IN RELATION TO ANY OTHER CONTRACT; AND/OR

(VII) INDIRECT, ECONOMIC, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES OR LOSSES.

NOTWITHSTANDING ANY OTHER PROVISION OF THESE WEBSITE TERMS OF SALE, THE AGGREGATE LIABILITY OF MASON TECHNOLOGY LIMITED AND ITS ASSOCIATED COMPANIES FOR OR IN RESPECT OF ALL BREACHES OF ITS CONTRACTUAL OBLIGATIONS UNDER THESE TERMS AND CONDITIONS AND ALL REPRESENTATIONS, STATEMENTS AND TORTIOUS ACTS OR OMISSIONS ARISING UNDER OR IN CONNECTION WITH THESE TERMS AND CONDITIONS SHALL IN NO EVENT EXCEED THE CHARGES FOR THE GOODS AND SERVICES PAID BY YOU TO MASON TECHNOLOGY LIMITED DURING THE CALENDAR QUARTER IN WHICH THE ALLEGED BREACH, REPRESENTATION, STATEMENT, TORTIOUS ACT OR OMISSION OCCURRED.

NOTHING IN THESE WEBSITE TERMS OF SALE OPERATES TO EXCLUDE LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE OR FRAUD.

18. PAYMENT
By making a unilateral offer via the Web Shop you agree and accept, if your offer is accepted by Mason Technology Limited, to purchase the products in respect of which your offer was made and to pay the amount quoted in any notification of acceptance issued by Mason Technology Limited or, if no acceptance is issued, the amount stipulated on the Web Shop at the time you submitted your offer.

All amounts on this website and in any communication issued in response to an offer made by you are, and are to be paid, in euro (€) and are exclusive of VAT and carriage applicable to the goods unless otherwise agreed by Mason Technology Limited in writing.

VAT will be paid by you to Mason Technology Limited unless you provide Mason Technology Limited with a valid exemption certificate acceptable to the relevant taxing authority.

 

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.


Mason Technology Limited reserves the right at its sole discretion to require payment prior to delivery. Full payment is due thirty (30) days from the date of dispatch of invoice and is to be received by Mason Technology Limited on or before the due date, unless advance payment is required under the terms of the dispatched invoice. Invoices will normally be issued on the date of delivery of the goods or completion of the services.

To the fullest extent permitted by applicable law, any invoice disputes must be raised by you within fifteen (15) days from date of dispatch of invoice or the invoice will be deemed to be accepted by you.

All purchase orders are subject to credit approval before shipment. If, in Mason Technology Limited’s sole judgement, your financial condition does not at any time justify payment terms as previously specified, Mason Technology Limited may cancel or suspend any unfulfilled contract and/or change the terms of payment.

If any payment is overdue, Mason Technology Limited will be entitled, without prejudice to any other right or remedy, to suspend all further deliveries or supplies to you without notice.

Mason Technology Limited reserves the right to alter the terms of payment in these Website Terms of Sale or to seek payment in advance of delivery if you are in default of your payment obligations or if Mason Technology Limited otherwise deems it appropriate. If Mason Technology Limited stipulates alternative payment conditions, you agree that you will fully comply with such payment conditions.

19. LATE PAYMENT
If any sum owed by you to Mason Technology Limited is overdue for payment, Mason Technology Limited may withhold any goods or services due for supply to you under any contract without prejudice to Mason Technology Limited.

The Company reserves the right to charge interest on sums paid late in accordance with the EC (Late Payment in Commercial Transactions) Regulations 2008.

20. INTELLECTUAL PROPERTY
Mason Technology Limited retains all rights, title and interest in and to, all intellectual property, data, text, images, software, information, content, materials, graphics, designs, trade marks, trade names, copyright materials, logos, selection, presentation, arrangement (including public domain information) and other elements displayed on or distributed from the website and the overall design and layout of this website (from now on called “Material” which includes any part thereof) unless otherwise expressly specified by Mason Technology Limited.

21. USE OF MATERIAL

You may not make alterations, copies, modifications, or additions to the Material on this site, or sell, copy, disseminate or licence it, or misuse the Material in any way. If you want to re-publish, reproduce, disseminate or otherwise use the Material you must contact Mason Technology Limited in advance for permission except if otherwise expressly provided in these Website Terms of Sale.

However, Mason Technology Limited permits users to print or save to disk a copy of the Privacy Statement, Website Terms of Use and/or Website Terms of Sale for private viewing and personal use only.

Dissemination by any person of the Material contained in this website is strictly prohibited. Mason Technology Limited and its associated companies, to the fullest extent permitted by applicable law, disclaim liability for any type of loss or damage which may be suffered by any person resulting from the dissemination or use of this website or the Material.

22. SUSPENSION/TERMINATION OF USE

Mason Technology Limited may at any time, without notice or reason, suspend or terminate your access to this website or any service forming part of this website. Mason Technology Limited is not liable to you or any third party for any suspension or termination of access to this website.

23. USE OF AGENT/PARTNER
Please note that Mason Technology Limited may use an agent or partner for the purposes of processing orders, billing, delivering products and any reasonably incidental purposes. You consent to the use of any such agent or partner in this manner. If you do not agree to such use, your only option and remedy is not to order any products from the Web Shop and to immediately discontinue use of this website.

24. ASSIGNMENT
Mason Technology Limited may assign, transfer or sub-contract all or any part of its rights and obligations under these Website Terms of Sale at any time and under these Website Terms of Sale you consent to this. You may not assign or transfer any of your rights or obligations, in whole or in part, without the prior written consent of Mason Technology Limited.

25. WAIVER
Any waiver or failure to act by Mason Technology Limited with respect to any breach of these terms and conditions by you or any other user does not constitute a general waiver of such term or condition or of any subsequent act contrary thereto and in no way effects the right of Mason Technology Limited to act with respect to that or any other breach.

26. SEVERABILITY
If any part of these Website Terms of Sale is found by a Court of competent jurisdiction or other competent authority to be invalid, unlawful or unenforceable then such part will be severed from the remainder of the Website Terms of Sale which will continue to be valid and enforceable to the fullest extent permitted by applicable law.

27. FORCE MAJEURE
Mason Technology Limited is not liable to you for any delay or non-performance of its obligations under these Website Terms of Sale arising from any cause or causes beyond its reasonable control including, without limitation, any of the following: act of God, governmental act, tempest, terrorism, war, fire, flood, explosion, civil commotion, industrial unrest of whatever nature or lack of or inability to obtain power, supplies or resources (from now on called “Force Majeure”). If the Force Majeure event continues for a period in excess of three (3) months, Mason Technology Limited and/or you will be at liberty to terminate, cancel or suspend the relevant order without incurring any liability whatever for any loss or damage arising therefrom.

28. ENTIRE AGREEMENT
These Website Terms of Sale (and other documents referred to in them) represent the entire of the understanding of you and Mason Technology Limited concerning the viewing, accessing and use of this website and the purchase of goods from the Web Shop and override and supersede all prior written or oral promises, representations, understandings, arrangements, agreements, statements (including statements in any brochure and/or promotional literature of Mason Technology Limited or on this website), concerning the same which are hereby revoked by mutual consent of both you and Mason Technology Limited.

29. MODIFICATION
These Website Terms of Sale may be modified by Mason Technology Limited in writing or by the publication of revised Website Terms of Sale on the website.

30. CONFLICT
If there is any conflict between the Website Terms of Use and the Website Terms of Sale, the Website Terms of Sale prevail.

31. NO LEGAL RELATIONSHIP
Except as expressly stated in these Website Terms of Sale, nothing in these Website Terms of Sale creates a partnership or legal relationship of any kind between the parties or authorises either party to act as agent for the other. Except as expressly stated in these Website Terms of Sale, neither party has authority to incur any liability or obligation, make representations or act in the name or on behalf of, or otherwise to, bind the other.

32. IRISH LAW APPLIES
This website is controlled and operated by Mason Technology Limited from Ireland.

33. WEEE Directive

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. 



34. IRISH LAW APPLIES
The website is provided according to, and is governed by, Irish law.