BUSINESS TERMS & CONDITIONS


In using this website you are deemed to have read and agreed to the following terms and conditions:

Company
The following words have the meanings assigned to them:
Probuild: Probuild Transport Systems, Units 3a-3b Bourne Works, Collingbourne Ducis, Wiltshire, SN8 3EQ
Probuild is the owner of MAD-spring.co.uk
Products: Give the meaning of the MAD Springs or air suspension. In acceptance of an order to supply from Probuild to the Customer with the accordance of the terms and condition stated below.
The Customer: The person, firm or company purchasing the products from Probuild
T&C’s: The standard terms and conditions of sale set out below and (unless the context otherwise requires) including any terms and conditions agreed in writing between Probuild and the Customer.
Material: All information content of the web site Mad-springs.co.uk

Terms of use
All orders are made by email, telephone or in writing. Probuild accepts all verbal orders in compliance with the agreed price to the customer (See below payment) Unless otherwise agreed or the customer between the parties in writing all orders are deemed to have been made by the Customer and are accepted by Probuild subject to these Conditions which will govern the Contract to the exclusion of any other Terms and Conditions.
These Conditions shall not be capable of being varied, supplemented, qualified or interpreted by reference to any previous course of dealings.
No Probuild employee has power to vary or waive the T&C’s except the managing director doing so in writing to the customer.
Probuild shall not be liable for or as a consequence of any statement or representation (whether written or oral) made by any third party (including any agent, sub-contractor or employee of Probuild), unless confirmed in writing and signed by the managing director of Probuild.

Communication
Probuild e-mail addresses for MAD queries is sales@mad-spring.co.uk other contact information, can be found on our Contact Us link on our website or via Company literature.

Information about us
MADSpring.co.uk is a site operated by Probuild we are a COMPANY registered in England and Wales under registration number 5159385. Our registered office is Units 3a-3b Bourne Works Collingbourne Ducis. SN8 3EQ Our VAT number is 855 5673 86. Telephone number 01256 850085.

Disclaimers
The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, this Company:
excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
Probuild does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

Accessing our site
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

Intellectual property rights
Probuild is a licensee of all intellectual property rights in our site and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Web site changes regularly/ Risk
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material. This web site has a regular maintenance check which means that interruption on the site may occur when this web site is active and that Probuild cannot guarantee the web site to be error free.
All advertising on MAD-springs.co.uk is intended only for the United Kingdom market. Redistribution or republication of any kind in any media or any means of MAD-Spring.co.uk web site and content is prohibited, without the express written consent of the Managing Director

Prices Payment Terms
All prices will be discussed over the telephone to our sales team.
Packaging, insurance,vat and delivery charges will apply for all products from Probuild. These charges will appear as separate items on a Probuild / MAD invoices to the customer. Unless agreed otherwise between customer and managing director, which can also be confirmed in writing.
Delivery charge will start from £9 sterling, which can rise depending on what product the customer is ordering.
Before ordering is completed a customer will always be give the final quote including the final price of product including or excluding any discounts and delivery charge with the vat and conformed to that customer by email/writing.
Payment can be at time of order by the customer over telephone or at a later date by BACS if confirmed agreement with the managing director.
Order will only be place once payment has been fully received and verified at the agreed price by Probuild.
Customer with accounts must send a purchase order before products sent with invoice with the payment time of thirty day. Once agreed by the managing director and or in writing/email and signed.
Probuilds invoice to the customer will include price of the products agreed, packaging and delivery, before, during or after delivery. Probuilds dated invoice, plus the thirty days which shall be the due date for payment.
The time of payment of the price shall be of the binding agreement and essence of the T’s and C’s. When products are delivered /passes to the customer, the customer must properly store products separate from those of the Customer and keep the products protected and insured and identified as property to Probuild until full payment is verified.
Once full payment all products that have been verified within or at the thirtieth day the product then become the Customer property.
Once the products become the full property of the Customer, the customer can be entitled to resell or use the products as in the ordinary course of their business.
If the Customer fails to make payment on the due date then without prejudice to any other right or remedy available to Probuild have the right Cancel the Contract or suspends any further deliveries.
Monies that remain outstanding by the due date will incur late payment interest at the rate of 2% above the prevailing Bank of England's base rate on the outstanding balance until such time as the balance is paid in full and final settlement. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection Agencies and/or through the Small Claims Court in the event that the outstanding balance does not exceed £3000. In such circumstances, you shall be liable for any and all additional administrative and/or court costs.
A Price offer to a customer will last only to that customer for 24hours from first enquiry.
Receipt of purchase is available on request.

Cancellation
Probuild shall not be liable for any loss or damage whatever arising from such cancellation.

Availability
These products on this website are only available within the United Kingdom. Probuild may not have the full range of MAD spring or air suspensions available at any one time. With items out of stock am average 10 working days is the wait for availability for am average order of 10 products. Orders exceeding 10 of more may take longer for arrival. Customer will have am agreement for such large quantities of deliver in writing from the managing director.

Delivery
The option for any Customer can collect the products at Probuild, after Probuild has notified the Customer that the products are ready for collection is always available once the customer and Probuild have am agreed date and average time before closing hours to collect.
Delivery for in stock items can take an average of 2 working days. With items out not in stock am average 10 working days is the wait. For a delivery in 2 working days on items that in stock orders must be made before 12 mid day.
Dates quoted for the delivery of the products is approximate Probuild shall not be liable for any delay in delivery of the goods howsoever caused. If delivery is accentual then delivery can be created to a specified date yet this must first be agreed in writing / email to Probuild from the customer. This service is not standard to our delivery service; if the customer wants this service then there will be an added charge to the final bill.
Products may be delivered earlier then the quoted date. Customers will have prior notice to agree to the new delivery date.
When Products are to be delivered in instalments, an agreement or contract between Probuild and the customer on dates of the delivery and agreements to if any changed date of the delivery, with conformation in writing between both parties.
When Probuild is to deliver any one or more instalments in accordance with these Conditions or any claim by the Customer in respect of any one or more instalments shall not entitle the Customer to treat the Contract as a whole as repudiated.
If Probuild fails to deliver the products for any reason other than (any cause beyond its reasonable control or the customer), and Probuild is accordingly liable to the Customer, Probuild liability shall be limited to the excess (if any) over the price of the goods of the cost to the Customer (in the cheapest available market) of similar goods to replace those not delivered.
If the Customer fails to take delivery of the products or fails to give Probuild the correct delivery address at any time before the delivery of products (other than by reason of any cause beyond the Customer’s reasonable control or by reason of Probuilds fault) then, without prejudice to any right to the customer Probuild can use any remedy available. Remedy for a failure to take delivery or inadequate address from the customer then Probuild has the right to recharge the customer for redelivery of Probuild once the product have came back to Probuild.
Probuild can store the Products until actual delivery.

Warranties and Liability
All springs have a life time warranty to the original/first buyer.
(Once purchased the springs/suspension customer must hold onto the warranty card with your invoice in the event of a claims you must return both parts.)
This warranty applies to M.A.D components, which fail due to faulty material or manufacturing process. Validity is limited to countries in which M.A.D is officially represented and only if fitted by a professional dealer of workshop according to enclosed mounting instructions. The warrantee is only valid when the vehicle is operated under normal conditions according the specification laid down by the vehicle manufacture. Overloading is not permitted. Claimed parts will become the possession of the M.A.D distributor after warranty replacement. Within one year of the purchase date labour cost of fitting a replacement M.A.D kit or component will be refunded. Labour will be calculated by using M.A.D standard times at an average workshop hourly tariff. Claims for refund or repair can only be forwarded via the dealer or workshop together with this warranty card (fully filled out with stamp) and original invoice. M.A.D and its distributor are liable for any other claims and costs. The loss of use of time, inconvenience, commercial use or consequential damage are not covered other than those legally dictated.
Nothing contained in these warranty terms affects statutory consumer protection legislation in the country of purchase.
With standard use of the vehicle as indicated in the manufactures type approval. Therefore, damages resulting from exceeding the vehicle’s maximum load is exempt from this warranty. The parts claimed under warrantee are to be send free of charge to the M.A.D importer, if deemed necessary by M.A.D. When the claimed is acknowledged, the part(s) will be replaced free of any charge. The claimed parts become property of M.A.D. Within 1 year after purchase and installation of set garages wages are compensated in case of replacement, conform to the time indicated by M.A.D and by the national averages garage hour wage. Claims for the compensation can exclusively be done through a garage or car dealership with submittal of this warrantee (completely filled out with stamp) en original purchase invoice M.A.D and its distributor are exempt from all other claims and expenses, as not indicated by law.
All warrantee claims are valid undiminished all other rights en claims that law awards to the buyer. Directive 1999/44/EG (book 7 Civil code)
Probuild warrants that the products at the time of delivery correlate to the description given by Probuild.
Probuild shall not have any liability with defect arising from fair wear and tear, damage by the customer, negligence, abnormal working conditions, failure to maintain and/or service the Products and not following Probuilds instructions by oral or in writing, misuse, alteration or repair of the Products without Probuild or MAD approval. Probuild is not liable if a customer loses the product after collection.
Probuild will not be liable under the above warranty and any other warranty, condition or guarantee if the total price for the Products has not been paid in full by the due date for payment;
This guarantee is only valid for mad auxiliary spring and air suspension by M.A.D, Distributed by Probuild. The Guarantee does not include any other products/part or services that Probuild provides.
These conditions and except where the products are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977) all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent that is reasonable and permitted by law.
To make a claim please call probuild on 01256850085
Where Products are sold under a consumer transaction as defined by the Consumer Transactions (Restrictions on Statements) Order 1976 the statutory rights of the Customer are not affected by these Conditions.

Refunds Policy
If you change your mind about your purchase, please return the unused and unopend products to us with the original receipt,invoice or proof of purchase within 7 days and we will offer you an exchange or a credit note. This does not affect your usual consumer rights, including your right to claim a refund, replacement, repair and/or compensation where the products are faulty or misdescribed.'
In the case were the customer has faulty or misdiscribed products Probuild will arrange collection from the customer with agreements.
If a customer makes a mistake and orders the wrong product, Probuild will not be held liable for this action by the customer.
Where Products are sold under a consumer transaction as defined by the Consumer Transactions (Restrictions on Statements) Order 1976 the statutory rights of the Customer are not affected by these Conditions.
All claims by the Customer based on any defect in the quality or condition of the products or the products failure to correspond with the specification shall (whether or not delivery is refused by the Customer) be notified to Probuild within 7 days from the date of delivery or within a reasonable time after discovery of the defect or failure.
If delivery is not refused, and the Customer does not notify Probuild accordingly, the Customer shall not be entitled to reject the products and Probuild shall have no liability for such defect or failure and the Customer shall be bound to pay the price as if the products had been delivered.

Complaints
All complaints can be made to Probuild at 01264 830085. Completes are documented. No information will be copied of sold relating and in accordance with the data protection act 1998.

Insolvency of Customer
This applies when a customer with an account becomes subject to administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation for any reason, an stake holder or receiver is appointed of any of the property and assets or the customer ceases or threatens to cease to carry on business.
If any of the events above do come into affect Probuilds will, then without prejudice to any other right or remedy available, Probuild will be entitled to suspend any further delivery or cancel contract without liability to the customer. When products have been delivered to the customer yet payment is still outstanding Probuild will be due payment immediately.

Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or manmade eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

General
The Contract shall be deemed to have been made at Wiltshire, England.
The laws of England and Wales govern these terms and conditions. By accessing this website [and using our services/buying our products] you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.
These terms and conditions form part of the Agreement between the Customer and probuild. Your accessing of this website and/or undertaking of a order or agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.
© Probuild Transport Systems - All Rights Reserved

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