Terms of Service

TERMS & CONDITIONS

OVERVIEW

This website is operated by MDL Powerup Ltd. Throughout this website and these Terms & Conditions, the terms “MDL Powerup”, “we”, “us” and “our” refer to MDL Powerup Ltd.

MDL Powerup Ltd operates this website and online store, including the information, content, features, tools, products and services made available through it (the “Services”). Our online store is powered by Shopify.

These Terms & Conditions (“Terms”), together with any policies referred to within them, govern your use of our website and the purchase of goods and services from us.

Please read these Terms carefully before using our website or placing an order.

By accessing or using our website or purchasing goods or services from us, you agree to be bound by these Terms and any applicable policies.

Nothing in these Terms excludes, restricts or affects any statutory rights or liabilities which cannot lawfully be excluded or restricted.

SECTION 1 – ACCESS AND ACCOUNTS

You must use our website and Services only for lawful purposes.

When creating an account, making an enquiry, requesting advice or placing an order, you agree to provide information that is accurate, current and complete.

You are responsible for maintaining the confidentiality and security of your account credentials and for activity carried out using your account.

You must notify us promptly if you believe that your account or login details have been used without your authority.

We reserve the right to suspend or restrict access to our website or Services where we reasonably believe they are being misused or used unlawfully.

SECTION 2 – PRODUCTS, SPECIFICATIONS, DESCRIPTIONS & IMAGES

MDL Powerup Ltd makes every reasonable effort to ensure that product descriptions, specifications, dimensions, weights, capacities, prices and images displayed on our website are accurate at the time of publication. However, errors and omissions excepted (E&OE).

As part of our policy of continual product development and improvement, MDL Powerup Ltd reserves the right to alter product specifications, design, components, dimensions, weights, colours, finishes and appearance without prior notice, provided that any such change does not affect rights or liabilities which cannot lawfully be excluded or restricted.

Product photographs, videos, drawings, diagrams and other images are for illustrative purposes. The actual product supplied may differ slightly in colour, finish, appearance, decals, components or specification from that shown.

Colours displayed on a screen may also vary from the actual product due to photography, lighting, screen settings and manufacturing or production variations.

Specifications, designs and components may vary between models, production batches and model years.

Equipment shown attached to or alongside a product, including tractors, ATVs, UTVs, excavators, loaders, vehicles, tools and accessories, is not included unless expressly stated in the relevant product description, quotation or order confirmation.

Where a particular dimension, weight, colour, component, specification, tractor requirement, horsepower requirement, hydraulic requirement, PTO requirement, linkage requirement, mounting arrangement or compatibility requirement is important to your purchase or intended application, you should contact MDL Powerup Ltd before ordering to confirm the current specification and suitability.

We reserve the right to discontinue, replace or modify products and product variants from time to time.

Nothing in this section affects statutory rights, including any applicable rights relating to goods being of satisfactory quality, fit for a particular purpose made known to us, or as described.

SECTION 3 – PRODUCT SUITABILITY & COMPATIBILITY

Many products supplied by MDL Powerup are agricultural, forestry, groundcare or machinery attachments which require compatibility with the customer's tractor, ATV, UTV, excavator, loader, vehicle or other equipment.

It is the customer's responsibility to provide accurate and complete information when requesting compatibility or suitability advice.

This may include, where relevant:

  • make and model of the tractor, vehicle or machine;
  • engine horsepower;
  • PTO horsepower;
  • PTO speed and direction;
  • three-point linkage category;
  • front or rear mounting arrangement;
  • hydraulic flow and pressure;
  • hydraulic connections;
  • lifting capacity;
  • vehicle or machine weight;
  • electrical requirements;
  • dimensions; and
  • intended use or application.

Where you are unsure whether a product is suitable for your machine or intended application, you should contact us before ordering.

Any recommendation or compatibility advice provided by MDL Powerup is based on the information supplied by the customer and the manufacturer's or supplier's information reasonably available to us at the time.

We cannot be responsible for incompatibility resulting from inaccurate, incomplete or misleading information supplied to us by the customer, except to the extent that liability cannot lawfully be excluded.

The customer is responsible for ensuring that the towing or carrying vehicle, tractor or other machine has sufficient capacity and is suitable for the equipment being fitted or used.

Products must only be installed, operated, transported, maintained and stored in accordance with the applicable operator's manual, safety instructions and intended use.

SECTION 4 – ORDERS

When you place an order with us, you are making an offer to purchase the goods or services shown in your order.

Receipt of an automated order acknowledgement does not necessarily constitute acceptance of your order.

A contract is formed when we accept your order.

We reserve the right to decline or cancel an order where reasonably necessary, including where:

  • a product is unavailable;
  • an obvious pricing or description error has occurred;
  • payment cannot be authorised;
  • fraudulent activity is suspected;
  • delivery cannot reasonably be arranged; or
  • we are otherwise unable to fulfil the order.

If we are unable to accept an order for which payment has already been taken, any amount due to you will be refunded.

Please check your order carefully before submitting it.

If you need to amend or cancel an order, please contact us as soon as possible. Whether an order can be changed or cancelled may depend upon whether processing, manufacture, assembly, preparation or dispatch has already begun and upon any applicable statutory rights.

Returns, refunds and cancellations are also subject to our published Refund Policy and applicable law.

SECTION 5 – PRICES, VAT & PAYMENT

Prices may change without notice.

The price applicable to your purchase will normally be the price displayed or quoted when your order is placed, subject to correction of obvious errors.

Unless clearly stated otherwise, prices displayed to consumers on our website include VAT at the applicable rate.

Delivery, installation, assembly or other additional charges may apply and will be displayed, quoted or agreed separately where applicable.

We reserve the right to correct genuine pricing, typographical or calculation errors.

If an obvious pricing error affects an order you have already placed, we may contact you to give you the opportunity to proceed at the correct price or cancel the affected order, subject to applicable law.

You agree to provide accurate and complete billing and payment information and confirm that you are authorised to use the payment method provided.

Ownership of goods will not pass to the customer until payment has been received in full, except where otherwise required by law or expressly agreed by us in writing.

SECTION 6 – DELIVERY

Delivery dates and times are estimates unless we expressly agree otherwise in writing.

We will make reasonable efforts to deliver within the estimated timeframe, but delays may occur due to carriers, weather, manufacturing, availability, customs, access restrictions, supply-chain disruption or other circumstances outside our reasonable control.

Customers must provide accurate delivery information.

For machinery, pallets and other large goods, customers should inform us before dispatch of any access restrictions which may affect delivery.

The customer may be responsible for ensuring that suitable access and, where required, suitable unloading facilities or equipment are available at the delivery location.

Risk and ownership of goods will pass in accordance with applicable law and any specific delivery terms agreed with you.

Any visible transport damage should be reported to us as soon as reasonably possible. Where practical, damage should also be recorded on the carrier's delivery documentation and photographed.

Nothing in this section affects statutory rights.

SECTION 7 – INSTALLATION, OPERATION & SAFETY

Agricultural, forestry and groundcare machinery can cause serious injury or property damage if incorrectly installed, operated or maintained.

The customer is responsible for ensuring that machinery is operated only by suitably competent persons and in accordance with the operator's manual, safety instructions and applicable legal requirements.

Before use, the operator should carry out all checks required by the relevant operator's manual.

Safety guards, covers, shields and protective devices must not be removed, bypassed or modified except where expressly required for authorised maintenance and reinstated before operation.

Machinery must not be operated where a known fault, abnormal vibration, unusual noise, damaged safety component or other potentially unsafe condition exists.

The customer is responsible for ensuring that machinery is maintained appropriately and that replacement components used are suitable for the relevant equipment.

SECTION 8 – WEAR PARTS & CONSUMABLE COMPONENTS

Machinery contains components which are subject to wear during normal operation.

Depending on the product, these may include:

  • flails;
  • blades;
  • knives;
  • belts;
  • bearings;
  • bushes;
  • skids;
  • cutting edges;
  • chains;
  • hoses;
  • tyres;
  • rollers;
  • pins;
  • filters;
  • oils and lubricants; and
  • other components subject to normal operational wear.

Unless otherwise required by law or expressly covered by an applicable warranty, a component is not considered defective merely because replacement is required as a result of normal use and wear.

Warranty coverage does not extend to normal wear and tear or damage resulting from misuse, impact damage, incorrect adjustment, inadequate maintenance, unsuitable operating conditions or operation outside the product's intended use, subject always to applicable statutory rights and the terms of the relevant warranty.

SECTION 9 – WARRANTY

Qualifying products may be supplied with an MDL Powerup warranty.

The applicable warranty period, coverage, exclusions and claim procedure are set out in our separate Warranty Terms & Conditions.

Any commercial warranty provided by MDL Powerup is additional to, and does not replace or restrict, statutory rights which apply to the purchase.

Customers making a warranty claim may be required to provide reasonable evidence including proof of purchase, product identification, photographs, video, service or maintenance information and a description of the fault.

Customers should not continue operating equipment where doing so could reasonably cause further damage after a fault has become apparent.

SECTION 10 – RETURNS, REFUNDS & CANCELLATIONS

Returns, refunds and cancellations are governed by our published Refund Policy and applicable law.

Consumer customers may have statutory cancellation and return rights depending upon the circumstances and nature of the purchase.

Different rights may apply where goods are:

  • made to order;
  • personalised;
  • modified to customer requirements;
  • specially sourced; or
  • purchased wholly or mainly for business purposes.

Nothing in these Terms removes any cancellation, refund or other rights which cannot lawfully be excluded.

SECTION 11 – INTELLECTUAL PROPERTY

Unless otherwise stated, the content of this website, including text, photographs, videos, graphics, logos, product information, manuals and other materials, is owned by or licensed to MDL Powerup Ltd and is protected by applicable intellectual property laws.

You may use our website for personal use or legitimate business purchasing purposes.

You must not reproduce, distribute, republish or commercially exploit our website content without our prior permission except where permitted by law.

The MDL Powerup and Powerup names, logos and associated branding may not be used without our prior permission.

Third-party trademarks and branding remain the property of their respective owners.

SECTION 12 – THIRD-PARTY SERVICES & LINKS

Our website may contain links to or integrations with third-party websites, payment providers, finance providers and other services.

Third-party services are subject to their own terms and privacy policies.

We are not responsible for the content or operation of third-party websites or services which are outside our control.

Where finance or credit facilities are offered, separate eligibility requirements, terms and regulatory information may apply and will be provided in connection with the relevant finance product.

SECTION 13 – SHOPIFY

Our online store is hosted using Shopify, which provides the ecommerce platform that enables us to offer products and services online.

Purchases made from MDL Powerup are transactions between the customer and MDL Powerup Ltd, not Shopify.

Shopify may process information in connection with the operation of our online store in accordance with its applicable terms and privacy policies.

SECTION 14 – PRIVACY

Personal information collected through our website is handled in accordance with our Privacy Policy and applicable data protection law.

Please refer to our published Privacy Policy for information about how personal information is collected, used, stored and shared.

SECTION 15 – REVIEWS, COMMENTS & FEEDBACK

Where you submit a review, photograph, video, comment or other feedback to us, you confirm that you have the right to provide that content and that it does not infringe the rights of another person.

You must not submit content that is unlawful, defamatory, abusive, misleading, obscene or otherwise inappropriate.

Subject to applicable law, we may use genuine reviews, photographs and feedback for purposes connected with operating and promoting our business and products.

SECTION 16 – ERRORS, INACCURACIES & OMISSIONS

From time to time, information on our website, advertising, documentation or other materials may contain typographical errors, inaccuracies or omissions.

These may relate to matters including:

  • product descriptions;
  • specifications;
  • dimensions;
  • weights;
  • photographs and illustrations;
  • compatibility information;
  • pricing;
  • VAT;
  • promotions;
  • availability;
  • delivery charges; and
  • delivery times.

Errors and omissions excepted (E&OE).

We reserve the right to correct errors, inaccuracies or omissions and to update information where necessary.

Where an error materially affects an order already placed, we will deal with the matter in accordance with applicable law and contact the customer where appropriate.

SECTION 17 – BUSINESS CUSTOMERS: LIABILITY & CONSEQUENTIAL LOSS

This section applies where goods or services are purchased wholly or mainly for business, agricultural, contracting, professional, commercial or trade purposes rather than as a consumer.

Nothing in these Terms excludes or limits any liability which cannot lawfully be excluded or limited, including liability for:

  • death or personal injury caused by our negligence;
  • fraud or fraudulent misrepresentation; or
  • any other liability which cannot legally be excluded or limited.

Subject to the above and to the fullest extent permitted by law, MDL Powerup Ltd shall not be liable to a business customer for:

  • loss of profit;
  • loss of revenue;
  • loss of business;
  • loss of contracts;
  • loss of anticipated savings;
  • loss of production;
  • loss of crops;
  • loss of use of any tractor, vehicle, machine, equipment or attachment;
  • business interruption;
  • downtime;
  • operator or labour downtime;
  • cost of hiring or obtaining substitute or replacement machinery or equipment;
  • loss or additional costs arising from delay in completing work;
  • penalties or liabilities owed by the customer to a third party;
  • loss of opportunity;
  • loss of goodwill; or
  • any indirect, special or consequential loss or damage,

whether arising in contract, tort (including negligence), breach of statutory duty or otherwise and whether or not such loss was foreseeable.

Subject to liability which cannot lawfully be limited or excluded, MDL Powerup Ltd's total aggregate liability to a business customer arising out of or in connection with the supply of any particular product shall not exceed the price actually paid to MDL Powerup Ltd for that product, unless a different limitation has expressly been agreed by us in writing.

MDL Powerup Ltd shall not be responsible, to the extent permitted by law, for loss, damage, failure, additional costs or consequential loss resulting from:

  • misuse, abuse or operation outside the intended purpose of the product;
  • incorrect installation, assembly, adjustment or maintenance;
  • failure to follow an operator's manual, safety instruction or maintenance requirement;
  • use with an unsuitable or incompatible tractor, ATV, UTV, excavator, loader, vehicle or other machine;
  • insufficient or excessive tractor horsepower, PTO power or PTO speed;
  • insufficient or excessive hydraulic flow or pressure;
  • insufficient lifting, towing or carrying capacity;
  • incorrect hydraulic, electrical or mechanical connections;
  • unauthorised modification or alteration;
  • unauthorised or unsuitable repair;
  • use of unsuitable or non-approved replacement components;
  • normal wear and tear;
  • accidental or impact damage;
  • continued operation after a fault, abnormal vibration, unusual noise, damage or defect becomes apparent; or
  • inaccurate or incomplete information supplied by the customer concerning compatibility or intended use.

Any advice concerning compatibility or suitability is based upon information supplied to us by the customer and information reasonably available to MDL Powerup Ltd at the time.

The customer remains responsible for ensuring that machinery is suitable for its intended application and is installed, operated and maintained safely by suitably competent persons.

Any limitation or exclusion contained in these Terms is subject to applicable law and, where required, any applicable test of reasonableness.

SECTION 18 – CONSUMER CUSTOMERS & STATUTORY RIGHTS

Where you purchase goods wholly or mainly for purposes outside your trade, business, craft or profession, you may be purchasing as a consumer.

Nothing in these Terms is intended to exclude or restrict your statutory consumer rights.

In particular, nothing in these Terms excludes or restricts rights or remedies which cannot lawfully be excluded relating to matters including goods being:

  • of satisfactory quality;
  • fit for a particular purpose made known to us where applicable; and
  • as described.

Nothing in these Terms excludes or limits our liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability which cannot legally be excluded.

Where any provision of these Terms conflicts with a mandatory consumer right, the applicable statutory right will prevail.

SECTION 19 – WEBSITE AVAILABILITY & INFORMATION

We aim to keep our website and online Services available and accurate but cannot guarantee uninterrupted or error-free access.

We may temporarily suspend, withdraw, modify or restrict website functionality for maintenance, security, technical or operational reasons.

Information made available through the website is intended to assist customers in evaluating our products but does not replace product-specific operator manuals, safety instructions or professional advice where these are required.

Nothing in this section excludes or limits liability where it would be unlawful to do so.

SECTION 20 – EVENTS OUTSIDE OUR REASONABLE CONTROL

We will not be responsible for delay or failure to perform an obligation where this results from circumstances outside our reasonable control.

Such circumstances may include, without limitation:

  • severe weather;
  • flooding;
  • fire;
  • transport disruption;
  • industrial action;
  • supply-chain disruption;
  • shortages of components or materials;
  • epidemic or pandemic;
  • governmental action;
  • import, export or customs delays;
  • war or civil disturbance;
  • interruption to utilities or communications networks; or
  • failure or delay by suppliers or carriers caused by circumstances outside our reasonable control.

Where such circumstances occur, we will take reasonable steps appropriate to the situation.

Nothing in this section affects rights or liabilities which cannot lawfully be excluded.

SECTION 21 – PROHIBITED USES

You must not use our website:

  • for unlawful or fraudulent purposes;
  • to infringe another person's intellectual property or other legal rights;
  • to introduce viruses, malware or other harmful material;
  • to interfere with the security or operation of the website;
  • to collect personal information unlawfully;
  • to impersonate another person or organisation; or
  • to use automated systems to access, copy or extract website content in a manner which is unlawful or materially disrupts our Services.

We may restrict or terminate access where we reasonably believe our website or Services are being misused.

SECTION 22 – SEVERABILITY

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be treated as modified or removed to the minimum extent necessary.

The validity and enforceability of the remaining provisions will not be affected.

SECTION 23 – WAIVER & ENTIRE AGREEMENT

If we do not immediately exercise or enforce a right under these Terms, this does not mean that we have waived that right.

These Terms, together with any applicable policies, quotations, order documentation and terms expressly incorporated into them, form the agreement governing use of our website and purchases made through it.

Nothing in this section excludes liability for fraud or fraudulent misrepresentation.

SECTION 24 – ASSIGNMENT

You may not transfer your rights or obligations under these Terms without our prior written consent except where applicable law gives you the right to do so.

We may transfer our rights and obligations where permitted by law, provided that doing so does not reduce any rights you have under your contract with us.

SECTION 25 – GOVERNING LAW & JURISDICTION

These Terms and any contract between you and MDL Powerup Ltd are governed by the laws of England and Wales, subject to any mandatory rights you may have under the laws applicable to you.

If you are a consumer resident elsewhere in the United Kingdom, you may also have the right to bring proceedings in the courts applicable to the part of the United Kingdom in which you live.

For customers purchasing wholly or mainly for business, agricultural, contracting, professional or trade purposes, unless otherwise agreed in writing, the courts of England and Wales shall have exclusive jurisdiction, subject to applicable law.

SECTION 26 – CHANGES TO THESE TERMS

We may update these Terms from time to time, including to reflect changes to our business, products, website, operating practices or applicable law.

The current version will be published on our website.

Changes will not retrospectively remove statutory or contractual rights which have already arisen.

SECTION 27 – CONTACT & COMPANY INFORMATION

Questions regarding these Terms & Conditions should be sent to:

MDL Powerup Ltd
1B Barras Lane
Carlisle
Cumbria
CA5 7NY
United Kingdom

Telephone: 01228 712121
Email: info@mdlpowerup.com

Company Registration Number: 07135552
VAT Registration Number: GB 991 859 847