MACHINE TOOL DIRECT (UK) LIMITED

Terms and Conditions of Business

Please read these terms and conditions carefully before using the machinetooldirect website. Access and use of this website means that you agree with, and are bound by them. If you disagree with them, you may not use the site.

Select the appropriate Article of Conditions from the list below.

Second-Hand Machinery Sales
Ex-Demonstration Machines
Machine Finance - Broker
Marketing Campaign
New Machine Sales
Subcontractor Advertising
Third Party Information
MTD news
Email marketing

Conditions of Business for the Advertising of Second-Hand Machinery - One Off Basis

Definitions and Interpretation:

1. In these terms the following words will have the following meanings:
1. 1.1. "Advertisement" means any Advertisement or Advertisements placed by the Customer on the Website also referred to as "the Advertisement" as may from time to time be altered
2. 1.2. "Approved" means consented to
3. 1.3. "Copy" means a draft Advertisement
4. 1.4. "Contract" means this contract for the sale and purchase of advertising space on the Website
5. 1.5. "Customer" means any person, firm or company to whom The Company provide their services
6. 1.6. "End Purchaser" means the customer who purchases the Advertised Product from the Customer
7. 1.7. "Intellectual Property Rights" means all patents, rights to inventions, utility models, copyright and related rights, trademarks, service rights, trade business and domain names, rights in trade address or get up rights in goodwill or sue for passing off, unfair competition rights, rights and designs, rights and computer software, database rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights and or similar or equivalent rights or forms of protection in any part of the world
8. 1.8. "Company" means Machine Tool Direct (UK) Limited also referred to as "the Company"
9. 1.9. "Price" means the price payable for the Advertisement
10. 1.10. "Product" means the machinery advertised by the Customer on the Website for a Price
11. 1.11. "Publishing" means the display of the Advertisement on the Website
12. 1.12. "Register" means the Customer signing up as a Customer of the Website by completing an online form. A Customer need only Register once at which time account details will be provided for continual and future use.
13. 1.13. "Services" means the Advertising of a Product on the Website
14. 1.14. "Submitted" means the information in the online form being sent to the Company electronically in anticipation of Publishing
15. 1.15. "Uploaded" means the transport of the Advertisement from the private sector of the Company into the public domain via the Website
16. 1.16. "User" means any person who has registered with the Website and has account details
17. 1.17. "VAT" means Value Added Tax chargeable under English Law for the time being and any similar additional tax
18. 1.18. "Website" means www.machinetooldirect.co.uk
19. 1.19. Conditions, schedules and paragraph headings shall not affect the interpretation of these conditions
20. 1.20. "Person" includes the natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person's legal and personal representatives successors and permitted assigns
21. 1.21. Words in the singular shall include the plural and vice versa
22. 1.22. Any reference to a statute or statutory provision is a reference to it as it is in force for the time being taking account of any amendment extension or re-enactment and includes any subordinate legislation for the time being in force made under it
23. 1.23. A reference to "writing" or "written" includes both faxes and e-mails
2. Commencement and Duration
1. 2.1. The Services supplied under this Contract shall be provided by the Company to the Customer for the period of months for which the Customer has paid for from the date of the Advertisement being Uploaded to the Website after which time the Advertisement will be removed from the Website and the Contract shall be deemed to have come to an end.
2. 2.2. The Customer will complete the online form to provide all the information to be included in the Advertisement. The information provided by the Customer will be included in the Advertisement unaltered by the Company.
3. 2.3. The Services supplied under this Contract shall be provided by the Company to the Customer for a minimum period of 1 month from the date of the Advertisement being Uploaded to the Website, and duration will be reflected by the Price paid, after which time the Advertisement will be removed from the Website and the contract shall be deemed to have come to an end.
4. 2.4. By submitting the online form the Customer is deemed to have Approved the Advertisement for Publishing
3. Obligations of The Company
1. 3.1. The Company will:
  1. 3.1.1. Maintain the Website
  2. 3.1.2. Use reasonable efforts to make sure the Website is up and running at all times
  3. 3.1.3. Exercise reasonable care in compiling the Website
  4. 3.1.4. Ensure that the Advertisement remains on the Website for the specified period of the Contract
4. Exclusion and Limitations
1. 4.1. The Company does not represent or warrant that access to the Website will be uninterrupted or reliable
2. 4.2. The Company will not be responsible for any inaccuracies in content where the Advertisement has been Approved
3. 4.3. The Company does not guarantee that there will be any response to any advert paced
5. Links to Other Sites
1. 5.1. Certain links including hyper-text links in the Website will give access outside the Website. Links are provided for convenience and inclusion of any link does not imply endorsement or Approval by MDT (UK) Limited of the link site its operator or its contents
2. 5.2. The Company is not responsible for the content of any website outside the Website
6. Customers Obligations
1. 6.1. The Customer shall:
  1. 6.1.1. Co-operate with the Company in all matters relating to the Advertisement
  2. 6.1.2. Include valid contact details for Publishing on the Website with the Advertisement so that any potential purchaser of the Product can contact the Customer direct
  3. 6.1.3. Ensure that it has Approved its Advertisement before it is Submitted to the Company to be Uploaded to the Website
  4. 6.1.4. Guarantee to the Company that it has good title to the Product being Advertised
  5. 6.1.5. To guarantee to provide the Product to the End Purchaser
  6. 6.1.6. Not to impugn the Website by using abusive or insulting language in any Advertisement
7. Removal of Advertisement
1. 7.1. An Advertisement may be removed from the Website by the Company for any of the following reasons without notice to the Customer:
  1. 7.1.1. The Contract has come to an end; or
  2. 7.1.2. has been found to be offensive and complaints have been received
8. Liability
1. 8.1 MDT (UK) Limited excludes liability (whether arising in contract tort or otherwise) for the following:
  1. 8.1.1. Defects in the Product being sold
  2. 8.1.2. Misrepresentation of the Product
  3. 8.1.3. Failed delivery by the Customer to the End Purchaser
  4. 8.1.4. Good title not being held to the Product
  5. 8.1.5. Non-Payment by an End Purchaser
  6. These are the responsibility of the Customer in full and such Customers should indemnify themselves accordingly
2. 8.2. The Company shall be under no liability whatsoever to any End Purchaser of goods from the Customer
3. 8.3. The Company accepts no liability for any matters so far as the Unfair Contract Terms Act 1977 allows exclusion
9. Intellectual Property Rights
1. 9.1. No Customer will place in an Advert any Intellectual Property Rights that it has no right to use
10. Access
1. 10.1. The Company reserves the right in its sole discretion to deny users access to the Website or any part of the Website without notice and to decline to provide its Services to any person that is in breach of its terms
2. 10.2. The Company reserves the right to decline publishing any Advertisement for any reason
11. Payment
1. 11.1. The price payable will be as advertised and provided in the up-to-date and relevant price list as set out in the relevant page of the site
2. 11.2. The Price from time to time may alter and such alteration will be advertised on the Website and sent by email to the customer and is deemed to have at that time been incorporated into this agreement
3. 11.3. Payment is to be made at the time the Advertisement is Submitted and shall be made by PayPal or Cheque
4. 11.4. No Advertisement will be Uploaded prior to payment clearing into the Company bank account
12. Termination
1. 12.1. The Customer may terminate the Contract at any time by written notice:
  1. 12.1.1. The Company will immediately remove the Advertisement from the Website upon notice being received
  2. 12.1.2. The Customer will not be entitled to a refund
2. 12.2. The Company may terminate the Contract with immediate effect for any abuse of the Website including but not limited to finding out that the Customer did not have good title to the goods advertised and has failed to deliver goods on more than three occasions
13. Use of Information
1. 13.1. The Company may from time to time use the information gathered relating to the Customer during the Register period to inform him of various offers
2. 13.2. The Customer will have the opportunity to opt out of receiving such information upon being notified of successful registration with the Website
3. 13.3. The information collected by the Company will not be passed on to any third party and will only be used in connection with marketing the Company's Services
4. 13.4. If the Company is sold or integrated with another business the Customers details may be disclosed to the Company advisors and any respective purchaser and their advisors and will be passed on to the new owners of the business
14. Invalidity
1. 14.1. The invalidity of any part of this agreement for any reason of any condition or part thereof shall not prejudice or other validity or enforceability of the remainder of that condition or the Contract
15. Waiver
1. 15.1. The waiver by either party of a breach or default of any provisions of the Contract by the other party shall not be construed as a waiver of any succeeding breach of the same or other provisions nor shall any delay or omission on the part of either party to exercise or avail itself of any right power or privilege that it has or may have hereunder operates as waiver of any breach or default by the other party
16. Variations
1. 16.1. The Company reserves the right at any time without notice to revise the contents of the Website and the Conditions. Any change to the Conditions will be posted on the Website and e-mailed to the Customer and continuing use will signify that the Customer agrees to be bound by the revised terms
17. Governing Law and Jurisdiction
1. 17.1. The Contract and any disclaimer arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the law of England and Wales
2. 17.2. The parties irrevocably agree that the Courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Contract or its subject matter

Conditions of Business for the Advertising of Machinery - Ex-Demonstration Machines

Definitions and Interpretation:

1. In these terms the following words will have the following meanings:
1. 1.1. "Advertisement" means any Advertisement or Advertisements placed by the Customer on the Website also referred to as "the Advertisement" as may from time to time be altered
2. 1.2. "Approved" means consented to
3. 1.3. "Copy" means a draft Advertisement
4. 1.4. "Contract" means this contract for the sale and purchase of advertising space on the Website
5. 1.5. "Customer" means any person, firm or company to whom The Company provide their services
6. 1.6. "End Purchaser" means the customer who purchases the Advertised Product from the Customer
7. 1.7. "Intellectual Property Rights" means all patents, rights to inventions, utility models, copyright and related rights, trademarks, service rights, trade business and domain names, rights in trade address or get up rights in goodwill or sue for passing off, unfair competition rights, rights and designs, rights and computer software, database rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights and or similar or equivalent rights or forms of protection in any part of the world
8. 1.8. "Company" means Machine Tool Direct (UK) Limited also referred to as "the Company"
9. 1.9. "Price" means the price payable for the Advertisement
10. 1.10. "Product" means the machinery advertised by the Customer on the Website for a Price
11. 1.11. "Publishing" means the display of the Advertisement on the Website
12. 1.12. "Register" means the Customer signing up as a Customer of the Website by completing an online form. A Customer need only Register once at which time account details will be provided for continual and future use.
13. 1.13. "Services" means the Advertising of a Product on the Website
14. 1.14. "Submitted" means the information in the online form being sent to the Company electronically in anticipation of Publishing
15. 1.15. "Uploaded" means the transport of the Advertisement from the private sector of the Company into the public domain via the Website
16. 1.16. "User" means any person who has registered with the Website and has account details
17. 1.17. "VAT" means Value Added Tax chargeable under English Law for the time being and any similar additional tax
18. 1.18. "Website" means www.machinetooldirect.co.uk
19. 1.19. Conditions, schedules and paragraph headings shall not affect the interpretation of these conditions
20. 1.20. "Person" includes the natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person's legal and personal representatives successors and permitted assigns
21. 1.21. Words in the singular shall include the plural and vice versa
22. 1.22. Any reference to a statute or statutory provision is a reference to it as it is in force for the time being taking account of any amendment extension or re-enactment and includes any subordinate legislation for the time being in force made under it
23. 1.23. A reference to "writing" or "written" includes both faxes and e-mails
2. Commencement and Duration
1. 2.1. The Services supplied under this Contract shall be provided by the Company to the Customer for the period of months for which the Customer has paid for from the date of the Advertisement being Uploaded to the Website after which time the Advertisement will be removed from the Website and the Contract shall be deemed to have come to an end.
2. 2.2. The Customer will complete the online form to provide all the information to be included in the Advertisement. The information provided by the Customer will be included in the Advertisement unaltered by the Company.
3. 2.3. The Services supplied under this Contract shall be provided by the Company to the Customer for a minimum period of 1 month from the date of the Advertisement being Uploaded to the Website, and duration will be reflected by the Price paid, after which time the Advertisement will be removed from the Website and the contract shall be deemed to have come to an end.
4. 2.4. By submitting the online form the Customer is deemed to have Approved the Advertisement for Publishing
3. Obligations of The Company
1. 3.1. The Company will:
  1. 3.1.1. Maintain the Website
  2. 3.1.2. Use reasonable efforts to make sure the Website is up and running at all times
  3. 3.1.3. Exercise reasonable care in compiling the Website
  4. 3.1.4. Ensure that the Advertisement remains on the Website for the specified period of the Contract
4. Exclusion and Limitations
1. 4.1. The Company does not represent or warrant that access to the Website will be uninterrupted or reliable
2. 4.2. The Company will not be responsible for any inaccuracies in content where the Advertisement has been Approved
3. 4.3. The Company does not guarantee that there will be any response to any advert paced
5. Links to Other Sites
1. 5.1. Certain links including hyper-text links in the Website will give access outside the Website. Links are provided for convenience and inclusion of any link does not imply endorsement or Approval by MDT (UK) Limited of the link site its operator or its contents
2. 5.2. The Company is not responsible for the content of any website outside the Website
6. Customers Obligations
1. 6.1. The Customer shall:
  1. 6.1.1. Co-operate with the Company in all matters relating to the Advertisement
  2. 6.1.2. Include valid contact details for Publishing on the Website with the Advertisement so that any potential purchaser of the Product can contact the Customer direct
  3. 6.1.3. Ensure that it has Approved its Advertisement before it is Submitted to the Company to be Uploaded to the Website
  4. 6.1.4. Guarantee to the Company that it has good title to the Product being Advertised
  5. 6.1.5. To guarantee to provide the Product to the End Purchaser
  6. 6.1.6. Not to impugn the Website by using abusive or insulting language in any Advertisement
7. Removal of Advertisement
1. 7.1. An Advertisement may be removed from the Website by the Company for any of the following reasons without notice to the Customer:
  1. 7.1.1. The Contract has come to an end; or
  2. 7.1.2. has been found to be offensive and complaints have been received
8. Liability
1. 8.1 MDT (UK) Limited excludes liability (whether arising in contract tort or otherwise) for the following:
  1. 8.1.1. Defects in the Product being sold
  2. 8.1.2. Misrepresentation of the Product
  3. 8.1.3. Failed delivery by the Customer to the End Purchaser
  4. 8.1.4. Good title not being held to the Product
  5. 8.1.5. Non-Payment by an End Purchaser
  6. These are the responsibility of the Customer in full and such Customers should indemnify themselves accordingly
2. 8.2. The Company shall be under no liability whatsoever to any End Purchaser of goods from the Customer
3. 8.3. The Company accepts no liability for any matters so far as the Unfair Contract Terms Act 1977 allows exclusion
9. Intellectual Property Rights
1. 9.1. No Customer will place in an Advert any Intellectual Property Rights that it has no right to use
10. Access
1. 10.1. The Company reserves the right in its sole discretion to deny users access to the Website or any part of the Website without notice and to decline to provide its Services to any person that is in breach of its terms
2. 10.2. The Company reserves the right to decline publishing any Advertisement for any reason
11. Payment
1. 11.1. The price payable will be as advertised and provided in the up-to-date and relevant price list as set out in the relevant page of the site
2. 11.2. The Price from time to time may alter and such alteration will be advertised on the Website and sent by email to the customer and is deemed to have at that time been incorporated into this agreement
3. 11.3. Payment is to be made at the time the Advertisement is Submitted and shall be made by PayPal or Cheque
4. 11.4. No Advertisement will be Uploaded prior to payment clearing into the Company bank account
12. Termination
1. 12.1. The Customer may terminate the Contract at any time by written notice:
  1. 12.1.1. The Company will immediately remove the Advertisement from the Website upon notice being received
  2. 12.1.2. The Customer will not be entitled to a refund
2. 12.2. The Company may terminate the Contract with immediate effect for any abuse of the Website including but not limited to finding out that the Customer did not have good title to the goods advertised and has failed to deliver goods on more than three occasions
13. Use of Information
1. 13.1. The Company may from time to time use the information gathered relating to the Customer during the Register period to inform him of various offers
2. 13.2. The Customer will have the opportunity to opt out of receiving such information upon being notified of successful registration with the Website
3. 13.3. The information collected by the Company will not be passed on to any third party and will only be used in connection with marketing the Company's Services
4. 13.4. If the Company is sold or integrated with another business the Customers details may be disclosed to the Company advisors and any respective purchaser and their advisors and will be passed on to the new owners of the business
14. Invalidity
1. 14.1. The invalidity of any part of this agreement for any reason of any condition or part thereof shall not prejudice or other validity or enforceability of the remainder of that condition or the Contract
15. Waiver
1. 15.1. The waiver by either party of a breach or default of any provisions of the Contract by the other party shall not be construed as a waiver of any succeeding breach of the same or other provisions nor shall any delay or omission on the part of either party to exercise or avail itself of any right power or privilege that it has or may have hereunder operates as waiver of any breach or default by the other party
16. Variations
1. 16.1. The Company reserves the right at any time without notice to revise the contents of the Website and the Conditions. Any change to the Conditions will be posted on the Website and e-mailed to the Customer and continuing use will signify that the Customer agrees to be bound by the revised terms
17. Governing Law and Jurisdiction
1. 17.1. The Contract and any disclaimer arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the law of England and Wales
2. 17.2. The parties irrevocably agree that the Courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Contract or its subject matter
2. Application of Conditions
1. 2.1. These conditions shall:
  1. 2.1.1. apply to and be incorporated into the Contract; and
  2. 2.1.2. prevail over any inconsistent terms or conditions contained or referred to in any quotation, confirmation or order or other document supplied or given by either the Company or Customer or implied by law trade custom practice or course of dealing
3. Commencement and Duration
1. 3.1. The Customer is required to Register with the Website and be a User before an Advertisement may be placed
2. 3.2. The Customer will supply the Company with a photograph and details that they wish to be included in the Advertisement for the purpose of the Company to provide a copy for Approval to the Customer
3. 3.3. The Company will provide a copy for Approval within a reasonable time of instructions being received and Approval will be required before the Advertisement is Uploaded to the Website for Publishing
4. 3.4. The Services supplied under this Contract shall be provided by the Company to the Customer for the period of 1 month from the date of the Advertisement being Uploaded to the Website after which time the Advertisement will be removed from the Website and the contract shall be deemed to have come to an end
5. 3.5. By submitting the online form the Customer is deemed to have Approved the Advertisement for Publishing
4. Obligations of The Company
1. 4.1. The Company will:
  1. 4.1.1. Maintain the Website
  2. 4.1.2. Use reasonable efforts to make sure the Website is up and running at all times
  3. 4.1.3. Exercise reasonable care in compiling the Website
  4. 4.1.4. Ensure that the Advertisement remains on the Website for the specified period of the Contract
5. Exclusion and Limitations
1. 5.1. The Company does not represent or warrant that access to the Website will be uninterrupted or reliable
2. 5.2. The Company will not be responsible for any inaccuracies in content where the Advertisement has been Approved
3. 5.3. The Company does not guarantee that a response will be received to the Advertisement Published
6. Links to Other Sites
1. 6.1. Certain links including hyper-text links in the Website will give access outside the Website. Links are provided for convenience and inclusion of any link does not imply endorsement or Approval by the Company of the link site its operator or its contents
2. 6.2. The Company is not responsible for the content of any website outside the Website
7. Customers Obligations
1. 7.1. The Customer shall:
  1. 7.1.1. Co-operate with the Company in all matters relating to the Advertisement
  2. 7.1.2 Give Approval so that its Advertisement shall be Published on the Website
  3. 7.1.3. Include valid contact details for Publishing on the Website with the Advertisement so that any potential purchaser of the Product can contact the Customer direct
  4. 7.1.4. Guarantee to the Company that it has good title to the Product being Advertised
  5. 7.1.5. To guarantee to provide the Product to the End Purchaser
  6. 7.1.6. Not to abuse the Website by using abusive or insulting language in any Advertisement
8. Removal of Advertisement
1. 8.1. An Advertisement may be removed from the Website by the Company for any of the following reasons without notice to the Customer:
  1. 8.1.1. The Contract has come to an end
  2. 8.1.2. Part of the Advertisement has been found to be offensive and complaints have been received
9. Liability
1. 9.1. MDT (UK) Limited excludes liability (whether arising in contract tort or otherwise) for the following:
  1. 9.1.1. Defects in the Product being sold
  2. 9.1.2. Misrepresentation of the Product
  3. 9.1.3. Failed delivery by the Customer to the End Purchaser
  4. 9.1.4. Good title not being held to the Product
  5. 9.1.5. Non-Payment of the Product
  6. These are the responsibility of the Customer in full and such Customers should indemnify themselves accordingly
2. 9.2. The Company shall be under no liability whatsoever to any End Purchaser of goods from the Customer
3. 9.3. The Company accepts no liability for any matters so far as the Unfair Contract 1977 allows exclusion
10. Intellectual Property Rights
1. 10.1. No Customer will place in an Advertisement any Intellectual Property Rights that it has no right to use
11. Access
1. 11.1. The Company reserves the right in its sole discretion to deny users access to the Website or any part of the Website without notice and to decline to provide its Services to any person that is in breach of its terms
2. 11.2. The Company reserves the right to decline publishing any Advertisement for any reason
12. Payment
1. 12.1. The price payable will be as advertised and provided in the up-to-date and relevant price list as set out in the relevant page of the site
2. 12.2. The Price from time to time may alter and such alteration will be advertised on the Website and sent by email to the customer and is deemed to have at that time been incorporated into this agreement
3. 12.3. The Customer will be invoiced at the date of Approval and payment will be due within 30 days of the date of the invoice
4. 12.4. Payment will be accepted by cheque, PayPal and telegraphic transfer
5. 12.5. Payment will not be deemed to be effective until the money has cleared into the Company bank account
13. Termination
1. 13.1. The Customer may terminate the Contract at any time by written notice:
  1. 13.1.1. the Company will immediately remove the Advertisement from the Website upon notice being received
  2. 13.1.2. The Customer will not be entitled to a refund
2. 13.2 The Company may terminate the Contract with immediate effect for any abuse of the Website including but not limited to finding out that the Customer did not have good title to the goods advertised and has failed to deliver goods on more than three occasions
14. Use of Information
1. 14.1. The Company may from time to time use the information gathered relating to the Customer during the Register period to inform him of various offers
2. 14.2. The Customer will have the opportunity to opt out of receiving such information upon being notified of successful registration with the Website
3. 14.3. The information collected by the Company will not be passed on to any third party and will only be used in connection with marketing the Company's Services
4. 14.4. If the Company is sold or integrated with another business the Customers details may be disclosed to the Company advisors and any respective purchaser and their advisors and will be passed on to the new owners of the business
15. Invalidity
1. 15.1. The invalidity of any part of this agreement for any reason of any condition or part thereof shall not prejudice or other validity or enforceability of the remainder of that condition or the Contract
16. Waiver
1. 16.1. The waiver by either party of a breach or default of any provisions of the Contract by the other party shall not be construed as a waiver of any succeeding breach of the same or other provisions nor shall any delay or omission on the part of either party to exercise or avail itself of any right power or privilege that it has or may have hereunder operates as waiver of any breach or default by the other party
17. Variations
1. 17.1. The Company reserves the right at any time without notice to revise the contents of the Website and the Conditions. Any change to the Conditions will be posted on the Website and e-mailed to the Customer and continuing use will signify that the Customer agrees to be bound by the revised terms
18. Governing Law and Jurisdiction
1. 18.1. The Contract and any disclaimer arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the law of England and Wales
2. 18.2. The parties irrevocably agree that the Courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Contract or its subject matter

Conditions of Business for Machine Finance - Broker

Definitions and Interpretation:

1. In these terms the following words will have the following meanings:
1. 1.1. "Contract" means this Contract for the sale and purchase of the Information pursuant to these conditions
2. 1.2. "Company" means Machine Tool Direct (UK) Limited
3. 1.3. "Finance Broker" means any person firm or company to whom the Company supplies the Information
4. 1.4. "Information" means the Information supplied in accordance with this Agreement from the Company to the Purchaser
5. 1.5. "Information Provider" means any person who submits their Information on the Website to Machine Tool Direct (UK) Limited under the "Machine Finance" section
6. 1.6. "Price" means the price payable as per the relevant price list on the website
7. 1.7. "Set" means the details of one Information Provider
8. 1.8. "VAT" means Value Added Tax chargeable under English law for the time being and any similar additional tax
9. 1.9. "Website" means www.machinetool-direct.co.uk and www.machinetool-direct.com
10. 1.10. Headings should not affect the interpretation of these conditions
11. 1.11. "Person" includes the natural person, corporated or unincorporated body (whether or not having separate legal personality) and that person's legal or personal representatives successors and permitted assignees
12. 1.12. Words in the singular shall include the plural and vice versa
13. 1.13. A reference to a statute or statutory provisions is a reference to it as it is in force for the time being taking account of any amendment extension or re-enactment and includes any subordinate legislation for the time being in force made under it
2. Application of Conditions
1. 2.1. These conditions shall:
  1. 2.1.1. Apply to and be incorporated into the Contract; and
  2. 2.1.2. Prevail over any inconsistent term or conditions contained in any specification or other document supplied by the Company or the Purchaser or implied by legal or trade custom practice or course of dealing
3. Commencement and Duration
1. 3.1. The Information supplied under this Agreement shall be provided by the Company to the Purchaser from the date of this Agreement for the initial period of twelve months
2. 3.2. The Information supplied under this Agreement shall continue to be supplied for a period of twelve months and after that shall continue to be supplied unless the Agreement is terminated by one of the parties giving to the other not less than one months' notice unless this Agreement is terminated in accordance with condition 9
4. Basis of Sale
1. 4.1.The acceptance of the Finance Broker to be provided with the Information by the Company will constitute the Contract
2. 4.2. The Company gives no guarantee that it will supply Information on a regular basis
3. 4.3. The Information to be provided will include:
  1. 4.3.1. Name and address of the Information Provider, including but not limited to, email address and telephone number;
  2. 4.3.2. Details of the amount of finance sought;
  3. 4.3.3. Details of the type of machine to be purchased.
5. Price
1. 5.1. The Price for receiving Sets of Information is laid out in the price list on the relevant website page and may from time to time be updated and incorporated into this Contract by notice to the Purchaser via email and posting on the Website
2. 5.2. Unless otherwise stated all prices exclude VAT
6. Payment
1. 6.1. Payment shall be due upon receipt of an invoice from the Company to the Finance Broker. Payment of all invoices are due within 30 days of the issue date
2. 6.2. If payment is late the Company may charge interest on unpaid amounts at the annual rate of 4% above the base rate of HSBC Bank plc from time to time in force
3. 6.3. The Finance Broker may not withhold or set off any amounts for any reason against the Price due under the Contract
4. 6.4. Payments received by cheque or other credit transfer shall not be deemed to be paid until they have been honoured and credited to the Company bank account
7. The Company's Obligations
1. 7.1. The Company shall provide the Information on an ad hoc basis for a fixed period of twelve months from the date of this Agreement
2. 7.2. The Company is under no obligation to provide a set amount of Information Sets per month
3. 7.3. The Company shall when providing Information make sure that it is as accurate and as fully detailed as possible for the purposes it is purchased for.
8. Finance Broker's Responsibilities
1. 8.1 The Finance Broker shall:
  1. 8.1.1. Co-operate with the Company in all matters relating to the Information
  2. 8.1.2. Agree to make payment on time
  3. 8.1.3. Not provide the information to any third party except for the purpose of securing finance for the purchase of a machine and then shall do so only on the basis of strict confidentiality
9. Cancellation by the Company
1. 9.1. The Company reserves the right to cancel the Contract between itself and the Finance Broker if:
  1. 9.1.1. for any reason the Website and/or the Company close down or are sold
  2. 9.1.2. the Information provided to the Company is found to be fraudulent
2. 9.2. If the Company does cancel the Contract the Company will notify the Finance Broker in writing
3. 9.3. The Company will not be obliged to offer any refund or additional compensation for disappointment suffered
10. Use of Information
1. 10.1. The Information supplied under this Contract is for the use of the Finance Broker only and is not to be sold to any third party
2. 10.2. The Information purchased under this Contract is supplied to the Finance Broker for the sole intention of obtaining quotations for machine tool finance and shall not be used in any other manner
3. 10.3. The Finance Broker agrees not to store any of the information on its own database without the prior consent of the Information Provider
11. Liability
1. 11.1. The Company will not be liable for any inaccurate Information provided
2. 11.2. The Company will not be liable for any Information provided that does not lead to business for the Finance Broker
3. 11.3. The Company will not be liable for any loss to the Finance Broker that arises out of direct contact between the Finance Broker and the Information Provider
12. Privacy
1. 12.1. The Finance Broker acknowledges the Privacy Policy of Machine Tool Direct (UK) Limited and agrees to observe and perform its requirements
13. Variation
1. 13.1. The Company reserves the right at any time without notice to revise the contents of its Website and its terms
14. Governing Law and jurisdiction
1. 14.1. This Agreement and any dispute or claim arising out of or in connection with it or its subject matters shall be governed by and construed in accordance with the law of England and Wales
2. 14.2. The parties irrevocably agree that the Courts of England and Wales shall have exclusive jurisdiction to settle any disputes or claims that arise out of or in connection with this Agreement or its subject matter

Conditions of Business for Marketing Campaign

Definitions and Interpretation:

1. In these terms the following words will have the following meanings:
1. 1.1. "Approval" means express approval given by the Customer to Upload the Advertisement to the Website or in the absence of any obligation to the Advertisement being notified within seven days of the Advertisement being produced to the Customer, Approval will be deemed to have been given
2. 1.2. "Campaign" means the Marketing of Services or Products of the Customer via a single Mail Shot
3. 1.3. "Contract" means this Contract for the Marketing of a Service or Product of the Customer
4. 1.4. "Company" means Machine Tool Direct (UK) Limited
5. 1.5. "Customer" means any person firm or company for whom the Company carries out Marketing
6. 1.6. "Marketing" means the promotion of a Service or Product by the Company for the Customer
7. 1.7. "Service" means a specific Service or range of Services offered by the Customer
8. 1.8. "Price" means the price payable to the Company for the Marketing and Company Services of the Company
9. 1.9. "Product" means a specific Product or range of Products sold by the Customer
10. 1.10. "Mail Shot" means email sent only to a group of Registered Users or Information Providers of the Website containing Marketing details
11. 1.11. "Registered User" means a user of the Website with an account number
12. 1.12. "Information Provider" means a person who has provided personal details for the purpose of obtaining finance for the purchase of a machine
13. 1.13. "Company Services" means services offered by the Company
14. 1.14. "VAT" means Value Added Tax chargeable under English law for the time being and any similar additional tax
15. 1.15. "Website" means www.machinetooldirect.co.uk
16. 1.16. "Intellectual Property Rights" means all patents, rights to inventions, utility models, copyright and related rights, trademarks, service rights, trade business and domain names, rights in trade address or get up rights in goodwill or sue for passing off, unfair competition rights, rights and designs, rights and computer software, database rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights and or similar or equivalent rights or forms of protection in any part of the world
17. 1.17. Headings shall not affect the interpretation of these conditions
18. 1.18. "Person" includes the natural person, corporated or unincorporated body (whether or not having separate legal personality) and that person's legal or personal representatives successors and permitted assignees
19. 1.19. Words in the singular shall include the plural and vice versa
20. 1.20. A reference to a statute or statutory provisions is a reference to it as it is in force for the time being taking account of any amendment extension or re-enactment and includes any subordinate legislation for the time being in force made under it
2. Application of Conditions
1. 2.1. These conditions shall:
  1. 2.1.1. Apply to and be incorporated into the Contract; and
  2. 2.1.2. Prevail over any inconsistent term or conditions contained in any specification or other document supplied by the Company or the Purchaser or implied by legal or trade custom practice or course of dealing
3. Commencement and Duration
1. 3.1. The Company shall provide Marketing to the Customer under this contract for a single Campaign
2. 3.2. The Customer will provide details of the Products and Services for Marketing and the Company will provide a copy of the Mail Shot for Approval
3. 3.3. The Company will provide a copy Mail Shot for Approval within a reasonable time of instructions being received and Approval will be required by the Customer before the Mail Shot is distribution
4. Obligations of the Company
1. 4.1. The Company will:
  1. 4.1.1. Format the Mail Shot for effective distribution
  2. 4.1.2. Ensure that the Mail Shot is sent
  3. 4.1.3. Exercise reasonable care in compiling the Mail Shot
5. Exclusions and Limitation
1. 5.1. The Company does not represent or warrant that all Mail Shots will be effectively received by the intended recipient
2. 5.2. The Company will not be responsible for any inaccuracies in content where the Mail Shot has been Approved
3. 5.3. The Company does not guarantee that the Customer will benefit from the Marketing Campaign
4. 5.4. The Company does not accept any responsibility for the failure of external links used in the Mail Shot
6. Customer Obligations
1. 6.1. The Customer shall:
  1. 6.1.1. Co-operate with the Company in all matters relating to the Mail Shot
  2. 6.1.2. Provide all relevant details, including contract details for inclusion in the Marketing Campaign
  3. 6.1.3. Approve the Mail Shot before it is distributed
  4. 6.1.4. Not impugn the name of the Company by using abusive or insulting language in any Mail Shot
7. Liability
1. 7.1. The Company excludes all liability (whether arising in contract, tort or otherwise) for the following:
  1. 7.1.1. Misrepresentation of a Product or Service
  2. 7.1.2. Incorrect details being included in the Mail Shot
8. Intellectual Property Rights
1. 8.1. No Customer will use or attempt to use Intellectual Property Rights that it has no right to use
9. Price
1. 9.1. The Price for Marketing Campaigns is detailed in the relevant section of the website
2. 9.2. Unless otherwise stated all prices exclude VAT
10. Payment
1. 10.1. Payment shall be due upon receipt of an invoice from the Company to the Customer. Payment of all invoices are due within 30 days of the issue date.
2. 10.2. If payment is late the Company may charge interest on unpaid amounts at the annual rate of 4% above the base rate of HSBC Bank plc from time to time in force
3. 10.3. The Customer may not withhold or set off any amounts for any reason against the Price due under the Contract
4. 10.4. Payments received by cheque or other credit transfer shall not be deemed to be paid until they have been honoured and credited to the Company bank account
11. Invalidity
1. 11.1. The invalidity of any part of this agreement for any reason of any condition or part thereof shall not prejudice or effect the validity or enforceability of the remainder of that condition or Contract
12. Waiver
1. 12.1 The waiver by either party of a breach or default of any provisions of the Contract by the other party shall note be construed as a waiver of any succeeding breach of the same or other provisions nor shall any delay or omission on the apart of either party to exercise or avail itself of any right power or privilege that it has or may have hereunder operates as a waiver of any breach or default by the other party
13. Variations
1. 13.1 The Company reserves the right at any time without notice to revise the contents of these conditions. Any changes will be e-mailed to the Customer and continuing instruction will signify that the Customer agrees to be bound by the revised conditions
14. Governing Law and jurisdiction
1. 14.1. This Agreement and any dispute or claim arising out of or in connection with it or its subject matters shall be governed by and construed in accordance with the law of England and Wales
2. 14.2. The parties irrevocably agree that the Courts of England and Wales shall have exclusive jurisdiction to settle any disputes or claims that arise out of or in connection with this Agreement or its subject matter

Conditions of Business for the Advertising of New Machinery - Yearly Basis

Definitions and Interpretation:

1. In these terms the following words will have the following meanings:
1. 1.1. "Advertisement" means any advertisement or advertisements placed by the Customer on the Website and "Advertising" shall have the appropriate related meaning
2. 1.2. "Approval" means express approval given by the Customer to Upload the Advertisement to the Website or in the absence of any obligation to the Advertisement being notified within seven days of the Advertisement being produced to the Customer, Approval will be deemed to have been given
3. 1.3. "Copy" means a draft Advertisement
4. 1.4. "Contract" means this contract for the sale and purchase of advertising space on the Website
5. 1.5. "Customer" means any person, firm or company to whom the Company provide their services
6. 1.6. "End Purchaser" means the customer who purchases the Product from the Customer
7. 1.7. "Intellectual Property Rights" means all patents, rights to inventions, utility models, copyright and related rights, trademarks, service rights, trade business and domain names, rights in trade address or get up rights in goodwill or sue for passing off, unfair competition rights, rights and designs, rights and computer software, database rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights and or similar or equivalent rights or forms of protection in any part of the world
8. 1.8. "Company" means Machine Tool Direct (UK) Limited also referred to as "the Company"
9. 1.9. "Price" means the price payable for the Advertisement
10. 1.10. "Product" means the machinery advertised by the Customer on the Website for a price
11. 1.11. "Publishing" means the display of the Advertisement on the Website
12. 1.12. "Register" means the Customer signing up as a Customer of the Website by completing an online form. A Customer need only Register once at which time account details will be provided for continual and future use
13. 1.13. "Services" means the Advertising of a Product on the Website
14. 1.14. "Uploaded" means the transport of the Advertisement from the private sector of the Company into the public domain via the Website
15. 1.15. "User" means any person who has registered with the Website and has account details
16. 1.16. "VAT" means Value Added Tax chargeable under English Law for the time being and any similar additional tax
17. 1.17. "Website" means www.machinetooldirect.co.uk and www.machinetool-direct.com
18. 1.18. Conditions, Schedule and paragraph headings shall not affect the interpretation of these conditions
19. 1.19. "Person" includes the natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person's legal and personal representatives successors and permitted assigns
20. 1.20. Words in the singular shall include the plural and vice versa
21. 1.21. Any reference to a statute or statutory provision is a reference to it as it is in force for the time being taking account of any amendment extension or re-enactment and includes any subordinate legislation for the time being in force made under it
22. 1.22. A reference to "writing" or "written" includes both faxes and e-mails
2. Commencement and Duration
1. 2.1. The Customer is required to Register with the Website and be a User before an Advertisement may be placed
2. 2.2. The Services supplied under this Contract shall be provided by the Company to the Customer for the initial period of six months from the date of Approval by the Customer in accordance with Condition 3.3
3. 2.3. The Customer will supply the Company with a photograph and details that they wish to be included in the Advertisement to enable the Company to provide a Copy for Approval
4. 2.4. The Company will provide a Copy for Approval within a reasonable time of instructions being received and Approval will be required from the Customer before the Advertisement is Uploaded to the Website
3. Obligations of The Company
1. 3.1 The Company will:
  1. 3.1.1. Maintain the Website
  2. 3.1.2. Use reasonable efforts to make sure the Website is up and running at all times
  3. 3.1.3. Exercise reasonable care in compiling the Website
  4. 3.1.4. Ensure that the Advertisement remains on the Website for the specified in clause 2.2
4. Exclusion and Limitations
1. 4.1. The Company does not represent or warrant that access to the Website will be uninterrupted or reliable
2. 4.2. The Company will not be responsible for any inaccuracies in content where the Advertisement has been Approved
3. 4.3. The Company does not guarantee that there will be a response to any Advertisement placed
5. Links to Other Sites
1. 5.1. Certain links including hyper-text links in the Website will give access outside the Website. Links are provided for convenience and inclusion of any link does not imply endorsement or Approval by the Company of the link site its operator or its contents
2. 5.2. The Company is not responsible for the content of any website outside the Website
6. Customers Obligations
1. 6.1. The Customer shall
  1. 6.1.1. Co-operate with the Company in all matters relating to the Advertisement
  2. 6.1.2. Provide relevant and up to date contact details for inclusion on the Advertisement so a prospective purchaser can make direct contact with the Customer
  3. 6.1.3. Approve the Advertisement before it is Uploaded to the Website
  4. 6.1.4. Guarantee to the Company that it has good title to the Product being advertised
  5. 6.1.5. To guarantee to provide the Product to the End Purchaser
  6. 6.1.6. Not impugn the Website by using abusive or insulting language in any Advertisement
7. Removal of Advertisement
1. 7.1. An Advertisement may be removed from the Website by the Company for any of the following reasons without notice to the Customer:
  1. 7.1.1. The Contract has come to an end; or
  2. 7.1.2. The Advertisement or any part thereof has been found to be offensive and complaints have been received
8. Liability
1. 8.1. The Company excludes liability (whether arising in contract tort or otherwise) for the following:
  1. 8.1.1. Defects in the Product being sold
  2. 8.1.2. Misrepresentation of the Product
  3. 8.1.3. Failed delivery by the Customer to the End Purchaser
  4. 8.1.4. Good title not being held to the Product
  5. 8.1.5. Non-payment by an End Purchaser
  6. These are the responsibility of the Customer in full and such Customers should indemnify themselves accordingly
2. 8.2. The Company shall be under no liability whatsoever to any End Purchaser of goods from the Customer
3. 8.3. The Company accepts no liability for mistakes on the Website as far as the Unfair Contract Terms Act 1977 allows exclusion
9. Intellectual Property Rights
1. 9.1. No Customer will place in an Advertisement any Intellectual Property Rights that it has no right to use
10. Access
1. 10.1. The Company reserves the right in its sole discretion to deny users access to the Website or any part of the Website without notice and to decline to provide its Services to any person that is in breach of its terms
2. 10.2. The Company reserves the right to decline Publishing any Advertisement for any reason
11. Payment
1. 11.1. The price payable will be as advertised and provided in the up-to-date and relevant price list as set out in the relevant page of the site
2. 11.2. The Price from time to time may alter and such alteration will be advertised on the Website and sent by email to the customer and is deemed to have at that time been incorporated into this Contract
3. 11.3. Payment is to be made in equal instalments every month for the duration of the Contract except where clause 12.5 applies
4. 11.4. Should the Contract be terminated prior to the expiration of the six months for any reason including breach by the Customer but excluding breach by the Company then the Customer will be liable to pay the outstanding fees on the pro rata basis for the remaining part of the period
5. 11.5. With regard to 12.2 and 12.3 above the exception to payment being made in this manner is where a one off payment is made at the commencement of the Contract. There shall be no reduction in payment for this method
12. Termination
1. 12.1. The Customer may terminate the Contract at any time with thirty days written notice within which period the Company will send a final invoice based on the amount of time left to run on the Contract to the Customer which will be due for payment within 30 days from the date of issue
2. 12.2. The Company may terminate the Contract with immediate effect for any abuse of the Website and the Customer will be liable to settle all outstanding payments due
3. 12.3. Should the Customer not give notice to terminate the Contract prior to the expiry of the sixth month then the Contract will be deemed to be renewed for a further six month period
13. Invalidity
1. 13.1. The invalidity of any part of this agreement for any reason of any condition or part thereof shall not prejudice or other validity or enforceability of the remainder of that condition or the Contract
14. Waiver
1. 14.1. The waiver by either party of a breach or default of any provisions of the Contract by the other party shall not be construed as a waiver of any succeeding breach of the same or other provisions nor shall any delay or omission on the part of either party to exercise or avail itself of any right power or privilege that it has or may have hereunder operates as waiver of any breach or default by the other party
15. Variations
1. 15.1 The Company reserves the right at any time without notice to revise the contents of the Website and the Conditions. Any change to the Conditions will be posted on the Website and e-mailed to the Customer and continuing use will signify that the Customer agrees to be bound by the revised terms
16. Governing Law and Jurisdiction
1. 16.1. The Contract and any disclaimer arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the law of England and Wales
2. 16.2. The parties irrevocably agree that the Courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Contract or its subject matter

Conditions of Business for the Advertising of Machinery - Subcontractors

Disclaimer

Employment of a Subcontractor by any user of this Website is a contract between the user and the Subcontractor. Machine Tool Direct (UK) Limited accept no liability for the performance by either party to that contract of their obligations to the other party.

Definitions and Interpretation:

1. In these terms the following words will have the following meanings:
1. 1.1. "Advertisement" means any advertisement or advertisements placed by the Customer on the Website and "Advertising" shall have the appropriate related meaning
2. 1.2. "Approval" means express approval given by the Customer to Upload the Advertisement to the Website or in the absence of any obligation to the Advertisement being notified within seven days of the Advertisement being produced to the Customer, Approval will be deemed to have been given
3. 1.3. "Contract" means this contract for the sale and purchase of advertising space on the Website
4. 1.4. "Company" means Machine Tool Direct (UK) Limited
5. 1.5. "Company Services" means the advertising of a Service on the Website
6. 1.6. "Copy" means a draft Advertisement
7. 1.7. "End Purchaser" means the customer who purchases the Advertised Service from the Subcontractor
8. 1.8. "Intellectual Property Rights" means all patents, rights to inventions, utility models, copyright and related rights, trademarks, service rights, trade business and domain names, rights in trade address or get up rights in goodwill or sue for passing off, unfair competition rights, rights and designs, rights and computer software, database rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights and or similar or equivalent rights or forms of protection in any part of the world
9. 1.9. "Package" means the level of the Company's Services being provided
10. 1.10. "Price" means the price payable for the Advertisement
11. 1.11. "Publishing" means the display of the Advertisement on the Website
12. 1.12. "Register" means the Subcontractor completing an online form on the Website to enable Advertisements to be place. A Subcontractor need only Register once at which time account details will be provided for continual and future use.
13. 1.13. "Service" means the Service Advertised by the Subcontractor on the Website for a price
14. 1.14. "Subcontractor" means any person, firm or company to whom the Company provides the Company's Services
15. 1.15. "Submitting" means the Advertisement being sent to the Company after Approval for Publishing
16. 1.16. "Uploaded" means the transport of the Advert from the private sector of the Company into the public domain via the Website
17. 1.17. "VAT" means Value Added Tax chargeable under English Law for the time being and any similar additional tax
18. 1.18. "Website" means www.machinetool-direct.co.uk and www.machinetool-direct.com
19. 1.19. Conditions, Schedule and paragraph headings shall not affect the interpretation of these conditions
20. 1.20. "Person" includes the natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person's legal and personal representatives successors and permitted assigns
21. 1.21. Words in the singular shall include the plural and vice versa
22. 1.22. Any reference to a statute or statutory provision is a reference to it as it is in force for the time being taking account of any amendment extension or re-enactment and includes any subordinate legislation for the time being in force made under it
23. 1.23. A reference to "writing" or "written" includes both faxes and e-mails
2. Application of Conditions
1. 2.1. These conditions shall:
  1. 2.1.1. apply to and be incorporated into the Contract; and
  2. 2.1.2. prevail over any inconsistent terms or conditions contained or referred to in any quotation, confirmation or order or other document supplied or given by either the Company or Customer or implied by law trade custom practice or course of dealing
3. Commencement and Duration
1. 3.1. The Subcontractor will Register and obtain an account with the Company before any Advertisement is placed
2. 3.2. The Subcontractor will complete the online form to provide all the information for the Advertisement. The information provided by the Subcontractor will be published on the Website unaltered by the Company.
3. 3.3. The Subcontractor accepts that by Submitting the online form he is deemed to have Approved the Advertisement for Publishing
4. 3.4. The Company's Services supplied under this Contract shall be provided by the Company to the Subcontractor for the initial period of twelve months from the date of being Uploaded
4. Obligations of The Company
1. 4.1. The Company will:
  1. 4.1.1. Maintain the Website
  2. 4.1.2. Use reasonable efforts to make sure the Website is up and running at all times
  3. 4.1.3. Exercise reasonable care in compiling the Website
  4. 4.1.4. Ensure that the Advertisement remains on the Website for the specified period of the Contract
5. Exclusion and Limitations
1. 5.1. The Company does not represent or warrant that access to the Website will be uninterrupted or reliable
2. 5.2. The Company will not be responsible for any inaccuracies in content where the Advertisement has been Approved
3. 5.3. The Company does not guarantee that there will be a response to any Advertisement placed
4. 5.4. The Company does not accept any liability to the Subcontractor for any obligation of the End Purchaser to the Subcontractor. Privity of contract is between the Company and Subcontractor alone.
6. Links to Other Sites
1. 6.1. Certain links including hyper-text links in the Website will give access outside the Website. Links are provided for convenience and inclusion of any link does not imply endorsement or Approval by the Company of the link site its operator or its contents
2. 6.2. The Company is not responsible for the content of any website outside the Website
7. Subcontractor's Obligations
1. 7.1. The Subcontractor shall:
  1. 7.1.1. Co-operate with the Company in all matters relating to the Advertisement
  2. 7.1.2. Ensure that it has Approved its advertisement before it is submitted to the Company to be Uploaded to the Website
  3. 7.1.3. To guarantee to the Company that it has the expertise to offer the Services advertised
  4. 7.1.4. To guarantee to provide the Service to the End Purchaser
  5. 7.1.5. Not to impugn the Website by using abusive or insulting language in any Advertisement
8. Removal of Advertisement
1. 8.1 An Advertisement may be removed from the Website by the Company for any of the following reasons without notice to the Customer:
  1. 8.1.1. The Contract has come to an end; or
  2. 8.1.2. The Advertisement or any part thereof has been found to be offensive and complaints have been received
9. Liability
1. 9.1. The Company excludes liability (whether arising in contract tort or otherwise) for the following:
  1. 9.1.1. Defects and/or poor workmanship in the Services being provided
  2. 9.1.2. Misrepresentation of the Services
  3. 9.1.3. Failed delivery of the Services by the Subcontractor to the End Purchaser
  4. 9.1.4. Non-Payment by an End Purchaser
  5. These are the responsibility of the Customer in full and such Customers should indemnify themselves accordingly
2. 9.2. The Company shall be under no liability whatsoever to any End Purchaser for Services purchased from the Subcontractor
3. 9.3. The Company accepts no liability for mistakes on the Website as far as the Unfair Contract Terms Act 1977 allows exclusion
10. Intellectual Property Rights
1. 10.1. No Customer will place in an Advertisement any Intellectual Property Rights that it has no right to use
11. Access
1. 11.1. The Company reserves the right in its sole discretion to deny users access to the Website or any part of the Website without notice and to decline to provide its Services to any person that is in breach of its terms
2. 11.2. The Company reserves the right to decline publishing any Advertisement for any reason
12. Payment
1. 12.1. The price payable per Package will be as advertised and provided in the up-to-date and relevant price list as set out in the relevant page of the site
2. 12.2. The Price from time to time may alter and such alteration will be advertised on the Website and sent by email to the customer and is deemed to have at that time been incorporated into this agreement
3. 12.3. Payment is to be made in equal instalments monthly for the twelve month duration by PayPal except where clauses 12.5 and 12.6 apply
4. 12.4. Should the Contract be terminated prior to the expiration of the twelve months for any reason including breach by the Customer but excluding breach by the Company then the Customer will be liable to pay the outstanding fees on the pro rata basis for the remaining twelve month period
5. 12.5. With regard to clauses 12.3 and 12.4 above the exception to payment being made in this manner is where a one off payment is made at the commencement of the Contract for a reduced fee as set out in the relevant section of the website
6. 12.6. Clauses 12.3 and 12.4 will not apply where a Steel Package is Purchased. In this case payment will be required upfront by cheque, telegraphic transfer or PayPal
7. 12.7. Payment will not be deemed to be made until the funds are cleared in the Company bank account
13. Termination
1. 13.1. The Subcontractor may terminate the Contract at any time with thirty days written notice within which period the Company will send a final invoice to the Customer which will be due for payment within 30 days from the date of issue
2. 13.2. The Company may terminate the Contract with immediate effect for any abuse of the Website
3. 13.3. Should the Subcontractor not give notice to end the Contract prior to the expiry of the twelfth month he will be deemed to have renewed the contract for a further twelve month period
14. Use of Information
1. 14.1. The Company may from time to time use the information gathered relating to the Subcontractor during the Register period to inform him various offers
2. 14.2. The Subcontractor will have the opportunity to opt out of receiving such information upon being notified of successful registration with the Website
3. 14.3. The information collected by the Company will not be passed on to any third party and will only be used in connection with marketing the Company's Services
4. 14.4. If the business is sold or integrated with another business the Sub-Conractor details may be disclosed to the Company advisors and any respective purchaser and their advisors and will be passed on to the new owners of the business
15. Invalidity
1. 15.1. The invalidity of any part of this agreement for any reason of any condition or part thereof shall not prejudice or other validity or enforceability of the remainder of that condition or the Contract
16. Waiver
1. 16.1. The waiver by either party of a breach or default of any provisions of the Contract by the other party shall not be construed as a waiver of any succeeding breach of the same or other provisions nor shall any delay or omission on the part of either party to exercise or avail itself of any right power or privilege that it has or may have hereunder operates as waiver of any breach or default by the other party
17. Variations
1. 17.1. The Company reserves the right at any time without notice to revise the contents of the Website and the Conditions. Any change to the Conditions will be posted on the Website and e-mailed to the Subcontractor and continuing use will signify that the Customer agrees to be bound by the revised terms
18. Governing Law and Jurisdiction
1. 18.1. The Contract and any disclaimer arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the law of England and Wales
2. 18.2. The parties irrevocably agree that the Courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Contract or its subject matter

Third Party Information

Any party wishing to submit information to our company shall do so knowing this information maybe broadcast to other parties with suitable solutions to the request.

At no such time will our company broadcast information to parties that have no possible or reasonable answer to the request.

It is the responsibility of the visitor to our website to make our company aware they do not wish to have their enquiry request forward to our solution providers, this can be achieved by simply stating - do not forward our details to a third party.

Our company also operates a telemarketing service, here we try to match potential purchases with suppliers, in the event you are contacted buy our company, our practice will include asking you if you wish to have your requirement broadcast to fitting suppliers. All enquiries will then be distributed to a small collective of companies who can match your needs.

MTD news

Machine tool direct provides news to the industry, most commonly this is written by the company it relates to or by a free lance news writer. At no point is MTD responsible for the content of these news articles or their submission. MTD purely lists them for the benefit of their readers. If an article appears and is factually incorrect or in anyway offensive to the reader, please contact MTD and we will remove the item in question. These news articles may also have been sourced from other areas on the world wide web which MTD deam suitable to their readers, if after submission it is bought to our attention that an article was not released for general internet cosumption, again MTD will remove it upon request but not accept any further action.

Email marketing on MTD

Machine tool direct provides an online emarketing service, we have an extensive e-database and use this to broadcast our message. We do also use this database to broadcast our suppliers message making sure we offer the recipient the option to not receive further information from or about this business. Your name may be removed from the entire 'MTD' database if you wish, simply send us an email stating 'please remove me from all current and future mailing lists'.

MTD is not responsible for the content of clients email, MTD is simply used as a broadcast method and will not under any circumstances be held responsible for clients content and any complaints. If within an agreement we supply a client with information relating to delivered campaigns, this information is for the benefit of the client only and not to be used or traded with any other parties. If we merge clients data with MTD's at any point during a contract term, this data will be for that clients use only during the contract term, once a contract concludes MTD will have full rights and continued ownership of any datalists.

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