- Customer: The buyer of goods from Mike Percy.
- Website: means the website at https://mikepercy.uk
All orders for products on this website are subject to these terms and conditions. No other terms will apply unless agreed in writing, or expressly stated otherwise herein.
All product descriptions on the website or otherwise communicated to any purchaser (the “Customer”) are approximate only and shall not form any part of the contract.
Mike Percy shall not be responsible for any misrepresentations or mistakes contained in the website or advertisement. An invitation to purchase products on the website is not an acceptance of an offer; it only allows the Customer to make an offer.
When Mike Percy confirms pricing and delivery dates to the Customer in writing (via email or direct digital message), the contract will then come into existence between Mike Percy and the Customer.
Mike Percy has the right to change any price without prior notification at any time. Customer is informed that prices may change and accepts this.
The price of an ordered product will be as set out on the website at the time of order acceptance, except for products ordered for delivery at a future specified date (“forward orders”). The price for forward orders may be varied by Mike Percy after the date of order acceptance by written notice to the Customer.
The prices listed do not account for applicable local sales taxes, which Mike Percy will charge at the rate applicable at the time of order acceptance, depending on where the Customer resides.
Mike Percy reserves the right to decline to trade with any individual or entity. Mike Percy may decline to accept any order, whether or not payment has been received, by giving notice of non-acceptance to the Customer by telephone, email or digital message within a reasonable period of receipt of the order.
Mike Percy carries out orders to the Customer’s requirements but may provide substitute products where requested by the Customer, or where the product has been superseded by the latest version. If all orders are not able to be completely fulfilled by Mike Percy’s stock, the portion not fulfilled may, at the customer’s option, either be put on back order to be fulfilled when Mike Percy next has stock or be refunded to the customer.
The delivery prices are as set out on the website at the time of order or will be notified to the customer at the time of order. Delivery will be made to the Customer’s usual business address unless otherwise agreed in writing.
The information displayed on Mike Percy’s website is not meant to be a guarantee of delivery times or dates and is only to be considered an estimate. If a delay in delivery occurs, Mike Percy shall not be responsible.
Time for delivery shall not be a prerequisite for the order to proceed.
Delivery of products requiring special handling or custom development may (because of the nature of the products) take longer to be delivered.
6. Inspection, Delays and Non-Delivery
The Customer must inspect the products as soon as is reasonably possible after delivery or collection. The Customer shall, within 30 days of the date of delivery or collection give notice to Mike Percy in detail of:
a) Any defect in the product that is apparent on reasonable examination. In this case Mike Percy shall, at Mike Percy’s discretion, replace the products or refund the purchase price.
b) Any shortfall in products delivered. In this case Mike Percy shall, at its discretion, deliver the undelivered products or refund the price of the undelivered products;
c) Any delivery of products not in accordance with the order, Mike Percy shall, at Mike Percy’s discretion, replace the products or refund the purchase price;
d) Any non-delivery of the products (in which case the time limit is within 10 days of the estimated despatch date). In this case Mike Percy shall deliver the undelivered products or refund the price of the undelivered products.
If the Customer fails to give any such notice, the products shall be conclusively presumed to be, in all respects, in accordance with the order and free from apparent defects, and the Customer shall be deemed to have accepted the products accordingly.
Mike Percy’s record of delivery or collection will be deemed conclusive proof of satisfactory fulfilment.
If Mike Percy has not granted credit to the Customer, payment terms are cash with order (payment in full prior to order processing).
Credit terms (subject to satisfactory references and at Mike Percy’s absolute discretion) are available. If credit has been granted, on acceptance of a Customer’s order, Mike Percy will send an invoice to the Customer via email in PDF format, unless otherwise agreed between Mike Percy and the Customer. The Customer must pay for the product by the 20th day of the following month. No set-off, deduction or counterclaim may be applied.
If any sum is not paid on the due date for payment then, without prejudice to any other right or remedy, all sums then outstanding from the Customer will immediately become due and payable.
Mike Percy may also charge the Customer interest from the due date until payment is made in full (both before and after any judgement) on the amount unpaid at a rate which is 10 per cent of the invoiced goods, per calendar month. Mike Percy may stop accepting orders and/or suspend deliveries until payments are made in full.
8. Ownership and Risk
In the case of products to be delivered to the Customer’s property, the risk of loss of or damage to the products shall pass to the Customer on confirmation of delivery being provided to Mike Percy by the appointed courier. Where products which the Customer orders are to be collected from Mike Percy, risk of damage or loss to the products shall pass to the Customer at the time of collection.
Ownership of any product supplied shall not pass to the Customer until full payment of the purchase price of the products and of all other amounts owing to Mike Percy has been made (in cash or cleared funds). If the Customer is late in paying any sum, Mike Percy shall be entitled to the immediate return of all products where ownership has not passed to the Customer. The Customer authorises Mike Percy and its agents to recover any such products in such circumstance, and to enter any premises of the Customer for that purpose.
Demand for or recovery of the products by Mike Percy shall not of itself discharge either the Customer’s liability to pay the whole of the price and take delivery of the products or Mike Percy’s right to take reasonable action for the whole of the goods invoiced price.
9. Product and Availability Information
Mike Percy reserves the right, without notice, to discontinue any product or to make design changes as part of its continuous programme of product improvement, or to assist product availability, and such changes may take place during the life of any product on the Mike Percy website.
Unless otherwise confirmed in writing, nothing on the website is to be taken as a representation of the source of origin, manufacture, or production of the products or any part of them.
10. Warranties and Remedies
Mike Percy warrants that no product purchased from Mike Percy is materially defective. If a product is materially defective and meets the provisions of clause 5 (Delivery) around defects visible on delivery, Mike Percy (at its discretion) will replace or repair the product, or refund the purchase price.
These warranties shall not apply to any defect which arises from improper use, failure to follow the product instructions, or any repair or modification made without the consent of Mike Percy. The remedies set out in this clause shall be the Customer’s sole remedies for any breach of warranty and in respect of the supply or non-supply of products.
Where the Customer returns defective products otherwise than in accordance with these provisions, Mike Percy may refuse such products and return them to the Customer at the Customer’s cost.
Mike Percy shall not be liable (whether arising in tort (including negligence), contract or breach of any duty or otherwise) for any of the following:
(a) indirect or consequential loss or damage;
(b) loss of revenue;
(c) loss of profits;
(d) loss of productivity;
(e) loss of production;
(f) loss of business or expected future business;
(g) economic loss; or
(h) damage to reputation or goodwill.
12. No-fault Cancellations and Returns
Mike Percy may, at its discretion and in writing, allow an order to be cancelled where there is no fault with the product subject to Mike Percy recovering from the Customer the costs incurred, which may include an administrative fee of up to 30% of the value of goods.
In the event of cancellation of a partial order, Mike Percy may invoice the Customer any difference in selling price per unit applicable to the quantity despatched, up to the time of cancellation compared to the quantity ordered.
For Customers other than Consumers, an administrative charge may apply in respect of all products returned other than due to defects.
Customers may only return products and receive a credit, refund or replacement on the following conditions:
a) The Customer should contact Mike Percy to notify intent to return goods.
b) Returns must be made within 30 days of the date of delivery or collection of such product(s).
c) Products must be returned to Mike Percy in their original condition & packaging, in a condition which will enable them to be immediately fit for re-sale;
d) The Customer must follow any specific instructions which appear on the website with any product regarding its return;
e) Products must be returned adequately packed and clearly labelled.
Where the Customer returns products to Mike Percy not in accordance with the above (for example, after the period for returns has expired or in an unfit state), Mike Percy may refuse to accept the return and send the products back to the Customer at the Customer’s expense, or apply a handling charge which relates to the actual cost of reprocessing.
This no-fault returns policy excludes software and digitally downloaded products..
Mike Percy accepts no responsibility for any loss of or damage to products in transit from Customer to Mike Percy where Mike Percy has not provided the collection services.
13. Force Majeure
A force majeure event is any event beyond the reasonable control of Mike Percy (including but not limited to a pandemic, strikes, epidemic, crisis or outbreak, governmental measures, traffic congestion, the downtime of any external line, or Mike Percy’s inability to procure materials or articles required for the performance of the contract).
If Mike Percy is prevented or restricted from carrying out all or any of its obligations under these terms and conditions because of any force majeure event, then Mike Percy, during the period that such event continues, and until such time as the event ceases, such obligation shall be relieved of its consequence.
If the force majeure event continues for a period longer than fourteen days, Mike Percy may cancel the affected order, with no liability assigned to either party.
14. Intellectual Property Rights
The Customer acknowledges that Mike Percy and its licensors own the intellectual property rights on the website and that whole or partial reproduction without Mike Percy’s prior written consent is prohibited.
Mike Percy does not warrant or give any assurance to the Customer that any 3rd party products supplied do not infringe the intellectual property rights of any third party.
The Customer (and persons representing or associated with it) shall comply with all applicable laws, statutes and regulations relating to anti-bribery and anti-corruption and will:
a) not (directly or indirectly) induce any employee, agent or subcontractor of Mike Percy to make any concession to or confer any benefit on the Customer, refrain or withhold from doing any act, in return for any gift, money, or another inducement;
b) not do or omit to do any act that will cause or lead Mike Percy to be in breach of laws, statutes or regulations, and
c) promptly report to Mike Percy any request or demand for any undue financial or another advantage of any kind received by the Customer in connection with these terms and conditions.
Any breach of this clause will be a material breach of these terms and conditions which is incapable of remedy.
The failure to enforce any right or provision of these terms and conditions or of law at any time does not waive that or other rights or provisions, nor shall it operate to bar the enforcement or exercise of it or another at any time subsequently.
Any waiver of any breach of these terms and conditions shall not be deemed to be a waiver of any subsequent breach.
No variation of these terms and conditions shall be valid unless it is in writing and signed by or on behalf of each party.
No term is enforceable under the Contracts (Rights of Third Parties) Act 1999 by any person who is not first-party to it. No interpretation made by a third party will be held valid.
Law and Jurisdiction
The contract between Mike Percy and the Customer based on these terms and conditions shall be governed by and interpreted in accordance with English Law and the Customer submits to the exclusive jurisdiction of the English courts, but Mike Percy may enforce the contract in any court of competent jurisdiction.
Published: 1st April 2021.
Last updated: 21st May 2022.