Date: August 2024

TERMS AND CONDITIONS


1                THESE TERMS


1.1          What these terms cover. These are the terms and conditions for the supply of products to you, on the Bosch Professional Power Tools online shop for power tools and spare parts located on the website https://www.bosch-professional.com/gb/en/] (“E-Shop”).

1.2         Why you should read them. Please read these terms carefully. These terms tell you who ModusLink are, how the products are provided to you, how to change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact ModusLink (details below) to discuss.

1.3         "Writing". In these terms and conditions, the words "writing" or "written" includes emails.

 

2         INFORMATION ABOUT MODUSLINK  

2.1         Who is ModusLink? When you purchase products from the E-Shop, a contract is created between you and ModusLink B.V. (a company incorporated in the Netherlands with company registration number 08055138, whose registered office is at Wapenrustlaan 11-32, 7321 DL, Apeldoorn, Netherlands with UK VAT ID GB674379003 (“ModusLink”). ModusLink is contracting with you it its own name and for the account of Robert Bosch Limited, a company incorporated in Scotland with company registration number SC013418, whose registered office is at c/o Bosch Rexroth, Viewfield Industrial Estate, Glenrothes KY6 2RD (“Bosch”).

2.2         For queries relating to the products you have ordered or their delivery, you should contact Bosch by telephoning the Bosch Online Shop Customer Service Team at 0344 892 0068 (available Monday to Friday between 9am and 5pm) or by writing an e-mail to the Online Shop Customer Service Team at boschukeshopsupport@uk.bosch.com or Robert Bosch Limited, P.O. Box 98, Uxbridge UB9 5HN. Bosch’s trading office address is Robert Bosch Limited, Broadwater Park, North Orbital Road, Denham, Uxbridge UB9 5HJ.

2.3         For queries relating to the processing of purchases on the E-Shop (including payment and order confirmation), you should contact Bosch according to clause 2.2.

2.4         These terms hereby incorporate of the Privacy Policy applicable to the  “E-Shop”  and as detailed under point 15 of these Terms.

 

3         IF YOU ARE A BUSINESS CUSTOMER

This clause 3 only applies if you are a business.

3.1          If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use the E-Shop to purchase products. You are responsible for all orders placed by your employees and ModusLink will not be bound by any individual order limit you may impose on your employees.

3.2          These terms and any documents expressly referred to in the terms constitute the entire agreement for the purchase of products on the E-Store and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings, whether written or oral, relating to its subject matter.

3.3          You acknowledge that in entering into this contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the terms, or any document expressly referred to in them.

3.4          You and ModusLink agree that neither you nor ModusLink shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement not contained in these terms and conditions.

 

4         CONTRACT WITH YOU

4.1         How ModusLink will accept your order. Acceptance of your order will take place when ModusLink emails you an order confirmation.

4.2         If ModusLink cannot accept your order. If ModusLink is unable to accept your order, ModusLink will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on resources which could not reasonably be planned for, because ModusLink have identified an error in the price or description of the product or because ModusLink are unable to meet a requested delivery date.

4.3         Your order number. Bosch will assign an order number to your order and tell you what it is when your order is accepted. Please provide the order number whenever you contact Bosch ( as per clause 2.2) about your order.

4.4         Products will be delivered only to  Great Britain (including the Scottish Highlands, excluding all offshore locations). The E-Shop is solely for the promotion and sale of Bosch products in Great Britain (including the Scottish Highlands, excluding all offshore locations). The availability of goods, the delivery times and charges may vary depending upon the destination.

4.5         Selected high-powered cordless products cannot be delivered to off shore locations in Great Britain (to include but not limited to, Isle of Wight and Shetland) or the Isle of Man. You will be notified during checkout if delivery cannot be arranged to the requested location.

 

5         PRODUCTS ON E-SHOP

5.1          Products may vary slightly from their pictures. The images of the products on E-Shop are for illustrative purposes only. Although every effort has been made to display the colours accurately, there is no guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

5.2          Product packaging may vary. The packaging of the product may vary from that shown on images on E-Shop.

5.3         Warehouse Products A Warehouse Product means a product that has not been used however the original retail packaging may be damaged (e.g. marked or scuffed). Alternatively the product may be supplied in a brown carton. Warehouse Products come with the same accessories, manuals and warranty conditions as the equivalent new product. Terms and conditions of supply are as per the equivalent new product.

5.4         Refurbished Products A Refurbished Product means products which may be scratched and may have been used. The product may not be in its original packaging and the packaging seal will have been broken. Promotional accessories may be missing. Refurbished Products have been fully tested and are supplied with instruction manuals. Refurbished Products have a 12-month warranty on provision of the original proof of purchase (online registration is not required and the warranty cannot be extended). All other terms and conditions of supply are as per the equivalent new product.

 

6         CHANGES TO THE PRODUCTS

6.1         Minor changes to the products. Minor changes may be made to the product:

(a)        to reflect changes in relevant laws and regulatory requirements; and

(b)        to implement minor technical adjustments and improvements. These changes will not affect your use of the product.

 

7         PROVIDING THE PRODUCTS

7.1         Delivery costs. The costs of delivery are as follows:

Standard delivery: Free for orders of £50* or more or £5.95* for orders less than £50* (*inc. VAT)

7.2         When ModusLink will provide the products.

(a)             Products will be delivered to you by Standard Delivery: delivery normally within two to five working days from acceptance of order *

 

*There are certain postcodes, usually in remote rural areas, where delivery cannot be guaranteed within the timescales stated, including, but not limited to, the Scottish Highlands. Please allow extra time for the items to arrive. A signature is required for all deliveries. An attempted delivery on the delivery date means that products have been delivered on time.

 

Please note that products will not be delivered where the address is not secure, for example, to a communal postal address or PO Box or where you are below the age limit to purchase under these terms. If this affects an order you place, you will be notified as soon as possible. Deliveries will not be made to BFPO addresses or construction or building sites unless otherwise agreed in writing. Where there is an express agreement in writing to deliver to a construction or building site, you must provide a precise location where you will be to sign for the delivery and your direct telephone number.

 

(b)             The delivery of products could be carried out by various service providers. ModusLink is not responsible for delays outside its control. If supply of the products is delayed by an event outside its control, then ModusLink (or its delivery service provider) will contact you as soon as possible to let you know and ModusLink will take steps to minimize the effect of the delay. Provided ModusLink does this, ModusLink will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact ModusLink to end the contract and receive a refund for any products you have paid for but not received.

 

(c)             If you are not at home when the product is delivered. If no one is available or aged 18 or over at your address to take delivery, a note will be left at your address informing you of how to rearrange delivery or collect the products from a local carrier collection point.

 

(d)             If you do not re-arrange delivery. If after a failed delivery to you, you do not rearrange delivery or collect them from a local carrier collection point, you will be contacted for further instructions, and you may be charged for storage costs and any further delivery costs. If, despite our reasonable efforts, you are unable to be contacted, ModusLink may end the contract.

 

(e)             Your legal rights if products delivered late. You have legal rights if products are delivered late. If the delivery deadline is missed for any products, then you may treat the contract as at an end straight away if any of the following apply:

i.                 ModusLink have refused to deliver the products; or

ii.                delivery within the delivery deadline was essential (taking into account all the relevant circumstances) and you told ModusLink that delivery within the delivery deadline was essential before your order was accepted.

 

(f)              Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 7.2(e), you can give ModusLink a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if the new deadline is not met.

 

(g)             Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 7.2(e) or clause 7.2(f), you can cancel your order for any of the products or reject products that have been delivered. If you wish, you can reject or cancel the order for some of those products (not all of them), unless splitting them up would significantly reduce their value. After that, ModusLink will refund any sums you have paid for the cancelled products and their delivery. If the products have been delivered to you, you must either post them back to Bosch (to the address given in the return label) or (if they are not suitable for posting) allow Bosch to collect them from you. ModusLink will pay the costs of postage or collection. Please call Bosch's Customer Service Team on 0344 892 0068 (available Monday to Friday between 9 am and 5 pm) or email at boschukeshopsupport@uk.bosch.com (mailto:boschukeshopsupport@uk.bosch.com) for a return label or to arrange collection.

 

(h)             When you become responsible for the product. The product will be your responsibility from the time the product is delivered to the address you gave in the order.

 

(i)              When you own goods. You own a product once ModusLink has received payment in full.

 

(j)              What will happen if you do not give required information with the order? Certain information is required from you so that the products can be supplied to you. If so, this will have been stated in the description of the products on E-Shop. If you do not give ModusLink this information within a reasonable time of being asked for it, or if you give incomplete or incorrect information, ModusLink may either end the contract or make an additional charge of a reasonable sum to compensate ModusLink for any extra work that is required as a result. ModusLink will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving the information needed within a reasonable time of being asked for it.

(k)          Reasons ModusLink may suspend the supply of products to you. ModusLink may have to suspend the supply of a product to:

i.                 deal with technical problems or make minor technical changes;

ii.                update the product to reflect changes in relevant laws and regulatory requirements;

iii.              make changes to the product as notified by ModusLink to you (see clause 6).

(l)           Your rights if ModusLink suspends the supply of products. You will be contacted in advance to tell you that ModusLink will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact ModusLink to end the contract for a product if ModusLink suspends it, or tells you it is going to suspend it, in each case for a period of more than two weeks and ModusLink will refund any sums you have paid in advance for the product in respect of the period after you end the contract. Please call Bosch's Online Shop Customer Service Team on 0344 892 0068 (available Monday to Friday between 9 am and 5 pm) or email boschukeshopsupport@uk.bosch.com (mailto:boschukeshopsupport@uk.bosch.com) for a return label or to arrange collection.

 

8         YOUR RIGHTS TO END THE CONTRACT

8.1         Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how ModusLink is performing and when you decide to end the contract:

(a)             If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11;

(b)             If you want to end the contract because of something ModusLink has done or has told you it is going to do, see clause 8.2; and

(c)             If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions.

8.2         Ending the contract because of something ModusLink has done or is going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and ModusLink will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

(a)             You have been told about an upcoming change to the product or these terms which you do not agree to;

(b)             You have been told about an error in the price or description of the product you have ordered and you do not wish to proceed;

(c)             there is a risk that supply of the products may be significantly delayed because of events outside of Modulink’s control;

(d)             the supply of the products has been suspended for technical reasons, or you have been notified that the supply of the products may be suspended for technical reasons, in each case for a period of more than two weeks; or

(e)             you have a legal right to end the contract because of something ModusLink has done wrong (including because the product was delivered late (see clause 7.2(g)).

8.3             Exercising your right to change your mind if you are a consumer (under Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms below.  If you are consumer and wish to exercise your right to change your mind, Schedule 1 contains a template cancellation form you can use.

 

8.4             Goodwill guarantee. Please note, these terms benefit and reflect the goodwill guarantee as stated below, offered to customers in Great Britain, which is more generous than your legal rights under the Consumer Contracts Regulations 2013 in the ways set out below. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed products (see clause 11.2):

 

Right under the Consumer Contracts Regulations 2013

How Bosch's goodwill guarantee is more generous

Consumer to pay costs of return

Consumer does not pay costs of return


 

8.5             When you don't have the right to change your mind. You do not have a right to change your mind in respect of   

 

a.               products that have been used; or

 

b.               any products which become mixed inseparably with other items after their delivery.

 

 

8.6             How long do I have to change my mind? You have 14 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.

 

9         YOUR RIGHTS TO END THE CONTRACT

9.1         To end the contract, please let ModusLink know by doing one of the following:

(a)             Phone or email. Call 0344 892 0068 (available Monday to Friday between 9 am and 5 pm) or email boschukeshopsupport@uk.bosch.com. (mailto:boschukeshopsupport@uk.bosch.com) Please provide your name, home address, order number, phone number and email address. Schedule 1 contains a template cancellation form if you are consumer and wish to exercise your right to change your mind. ModusLink will co-ordinate with Bosch as needed to address your cancellation.

(b)             Online. Excludes spare parts.  Complete the form at the end of these terms.[PM(G4] [AT(E5] [RE(G6] 

(c)              By post. The most efficient and recommended method to end your contract is via phone, email or online (as described above). However, if you wish to end your contract via post simply write to ModusLink , c/o Robert Bosch Limited, Broadwater Park, North Orbital Road, Denham, Uxbridge UB9 5HJ stating your name, home address, order number, phone number and email address. On receipt of your letter and validation, you will be contacted to arrange the return of the product. Please do not post the product at this stage. Schedule 1 contains a template cancellation form if you are consumer and wish to exercise your right to change your mind. ModusLink will co-ordinate with Bosch as needed to address your cancellation.

9.2          Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to Bosch as stated herein. You must either post them back using the return label provided to you or (if they are not suitable for posting) arrange collection. Please call the Bosch Online Shop Customer Services Team on 0344 892 0068 (available Monday to Friday between 9 am and 5 pm) or email at boschukeshopsupport@uk.bosch.com (mailto:boschukeshopsupport@uk.bosch.com), for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling ModusLink you wish to end the contract. ModusLink will co-ordinate with Bosch as needed to address your return of products after ending the contract.

9.3             When ModusLink will pay the costs of return. ModusLink will pay the costs of return:

(a)             if the products are faulty or misdescribed; or

(b)             if you are ending the contract because you have been told of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something ModusLink have done wrong.

9.4          How ModusLink will refund you. ModusLink will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, ModusLink may make deductions from the price, as described below.

9.5          Deductions from refunds. If you are exercising your right to change your mind:

(a)             ModusLink may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. See Bosch's Eshop returns page at https://eshop.bosch-professional.com/gb/en/boschprof/proshop/return for information about what handling is acceptable and examples. If ModusLink refunds you the price paid before ModusLink is able to inspect the goods and later discovers you have handled them in an unacceptable way, you must pay ModusLink an appropriate amount as reasonably determined by ModusLink.

 

(b)             The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method ModusLink offers. For example, if ModusLink offers delivery of a product within two to five working days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then ModusLink will only refund what you would have paid for the cheaper delivery option.

 

(c)             If the products are goods and ModusLink has not offered to collect them, your refund will be made within 14 days from the day on which the product is received back from you or, if earlier, the day on which you provide ModusLink with evidence that you have sent the product back to Bosch. For information about how to return a product to Bosch, see https://eshop-stage.bosch-professional.com/gb/en/return  ( https://eshop-stage.bosch-professional.com/gb/en/return ).

9.6          When your refund will be made. ModusLink will make any refunds due to you as soon as possible. If you are exercising your right to change your mind, then your refund will be made within 14 days of you telling ModusLink you have changed your mind.

 

10       MODUSLINK'S RIGHTS TO END THE CONTRACT

10.1       ModusLink may end the contract if you break it. ModusLink may end the contract for a product at any time by writing to you if:

(a)             you do not make any payment to ModusLink when it is due;

(b)             you do not, within a reasonable time of ModusLink asking for it, provide ModusLink with information that is necessary for ModusLink to provide the products to you; or

(c)             you do not, within a reasonable time, allow ModusLink to deliver the products to you.

 

11       IF THERE IS A PROBLEM WITH THE PRODUCT

11.1        If you have any questions or complaints about the product, please contact Bosch.  You can telephone Bosch's Customer Services Team at 0344 736 0109 or write to Bosch at boschukeshopsupport@uk.bosch.com , and for all queries at Robert Bosch Limited, P.O. Box 98, Uxbridge UB9 5HN. Bosch will co-ordinate with ModusLink as needed to address your questions or complaints.

11.2       Summary of your legal rights as a consumer. See the information below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.

Summary of your key consumer legal rights

This is a summary of your key consumer legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

If your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your product your legal rights entitle you to the following:

•                 up to 30 days: if your item is faulty, then you can get a refund;

•                 up to six months: if your faulty item can't be repaired or replaced, then you're entitled to a full refund, in most cases; and

•                 up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn't work, some of your money back.

Your obligation to return rejected products. If you wish to exercise your legal rights to reject products, you must post them back to the address given to you on the return label or (if they are not suitable for posting) allow them to be collected from you. ModusLink will pay the costs of postage or collection. Please call Bosch customer services on 0344 892 0068 (available Monday to Friday between 9 am and 5 pm) or email Bosch at Bosch Professional UK queries: boschukeshopsupport@uk.bosch.com or contact Bosch by post at Robert Bosch Limited, P.O. Box 98, Uxbridge UB9 5HN for a return label or to arrange collection. Bosch will co-ordinate with ModusLink as needed to address your return of products.

 

12       PRICE AND PAYMENT

12.1       ModusLink will issue invoices and receipts for payments by you.

12.2       Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. ModusLink will use their best efforts to ensure that the price of the product advised to you is correct. However please see clause 12.4 for what happens if an error is discovered with the price of the product you order.

12.3       ModusLink will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date the product is supplied to you, ModusLink will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

12.4       What happens if ModusLink got the price wrong? It is always possible that, despite best efforts, some of the products sold on the E-Shop may be incorrectly priced. ModusLink will normally check prices before accepting your order so that, where the product's correct price at your order date is less than the stated price on the E-Shop at your order date, you will be charged the lower amount. If the product's correct price at your order date is higher than the price stated, ModusLink will contact you for your instructions before it accepts your order. If ModusLink accepts and processes your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, ModusLink may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

12.5       When you must pay and how you must pay. ModusLink accept payment via major payment methods, including Visa, MasterCard, American Express, PayPal. For goods, you must pay for the products before they are dispatched to you. ModusLink will not charge your credit or debit card until the products are dispatched to you.

12.6       ModusLink can charge interest if you pay late. If you do not make any payment to ModusLink by the due date, ModusLink may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of Barclay’s Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay ModusLink interest together with any overdue amount.

12.7          What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact Bosch according to the clause 2.2.

 

12.8          Electronic invoices. You agree that invoices will be provided to you in electronic format.

 

13       RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU AS A CONSUMER

This clause 13 only applies if you are a consumer.

13.1       ModusLink are responsible to you for foreseeable loss and damage caused by ModusLink. If ModusLink fails to comply with these terms, ModusLink are responsible for loss or damage you suffer that is a foreseeable result of ModusLink's breaking this contract or ModusLink's failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both ModusLink and you knew it might happen, for example, if you discussed it with ModusLink during the sales process.

13.2       ModusLink are not liable for business losses. If you use the products for any commercial, business or re-sale purpose then the provisions of clause 14 apply.

 

14       RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU AS A BUSINESS

This clause 14 only applies if you are a business customer.

14.1       Internal business use only. ModusLink only supply the products for internal use by your business, and you agree not to use the products for any resale purposes.

14.2       Liability which is not limited or excluded. Nothing in these terms limits or excludes ModusLink's liability for:

a)     death or personal injury caused by ModusLink's negligence;

b)               fraud or fraudulent misrepresentation;

c)               breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or

d)               any matter in respect of which it would be unlawful for us to exclude or restrict liability.

14.3        Liability which is excluded. Subject to clause 14.2, ModusLink will under no circumstances whatever be liable for any:

a)               loss of profits (whether direct or indirect) whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these terms;

b)               indirect or consequential loss whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these terms; or

c)               ex gratia or other compensatory payments made to a third party by you or on your behalf, arising under or in connection with these terms.

14.4       Limit on liability. Subject to clauses 14.2 and 14.3, ModusLink's total liability to you in respect of all other losses (including indemnified losses) arising under or in connection with these terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the price paid for the goods.

14.5          Exclusion of implied terms. Except as expressly stated in these terms, ModusLink does not give any representation, warranties or undertakings in relation to the products. Any representation, condition or warranty which might be implied or incorporated into these terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, ModusLink will not be responsible for ensuring that the products are suitable for your purposes.

 

15       HOW BOSCH MAY USE YOUR PERSONAL INFORMATION

15.1        ModusLink complies with all data protection laws and will use data which could be used to directly or indirectly identify you personally (“Personal data”) only as instructed by Bosch. ModusLink therefore act as so-called data processor on behalf of Bosch which acts as so-called data controller. Further information of our processing of personal data is set out in the Privacy https://www.bosch-pt.com/ptlegalpages/gb/rbgb/en/proshop/privacy/ (gb/rbgb/en/proshop/privacy/)

 

16       OTHER IMPORTANT TERMS

16.1       ModusLink may transfer this agreement to someone else. ModusLink may transfer its rights and obligations under these terms to another organization. ModusLink will contact you to let you know if it plans to do this. If you are unhappy with the transfer, you may contact ModusLink to end the contract within 14 days of ModusLink telling you about it and ModusLink will refund you any payments you have made in advance for products not provided.

16.2       You need ModusLink's consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if ModusLink agrees to this in writing. However, you may transfer the guarantee at clause 8.4 to a person who has acquired the product. ModusLink may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property.

16.3       If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

16.5       Even if ModusLink delays in enforcing this contract, ModusLink can still enforce it later. If ModusLink do not insist immediately that you do anything you are required to do under these terms, or if ModusLink delays in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent ModusLink taking steps against you at a later date. For example, if you miss a payment and ModusLink do not chase you but continue to provide the products, ModusLink can still require you to make the payment at a later date.

16.6       Which laws apply to this contract and where you may bring legal proceedings?

a)               If you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

b)               If you are a business. The contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the contract or its subject matter or formation (including non-contractual disputes or claims).

 

August 2024

 

 


 

THE SCHEDULE 1

MODEL CANCELLATION FORM FOR CONSUMER CUSTOMERS

 

(Complete and return this form only if you wish to withdraw from the contract)

To ModusLink,

c/o Robert Bosch Limited, Broadwater Park, North Orbital Road, Denham, Uxbridge UB9 5HJ.

Telephone: [●]

EMAIL: [●]

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate

 

Employee Specific Terms

Employee Terms & Conditions