Terms
& Conditions of Business
WEBSITE
THESE TERMS AND CONDITIONS APPLY TO THE USE OF THIS WEBSITE AT
http://www.ktechsupplies.co.uk/.
BY ACCESSING THIS WEBSITE AND/OR PLACING AN ORDER, YOU AGREE TO
BE BOUND BY THESE TERMS AND CONDITIONS.
USING THIS WEBSITE
INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR
NOT YOU CHOOSE TO
REGISTER WITH US OR ORDER FROM US. IF YOU DO
NOT ACCEPT THESE TERMS, DO NOT USE
THIS WEBSITE.
http://www.ktechsupplies.co.uk/
website is operated by:
K-TECH SUPPLIES LTD, a company registered in England and Wales,
whose registered office is at 198, Harley Shute Road, St.
Leonards-on-Sea, TN38 9JH.
Our company registration number is
6755330.
Our VAT registration number is GB 943 4284 16.
Our contact details are as follows:
Trading address:
198, Harley Shute Road,
St. Leonards-on-Sea,
East Sussex,
TN38 9JH
United Kingdom.
General email:
enquiries@ktechsupplies.co.uk
Accounts email:
accounts@ktechsupplies.co.uk
Telephone number: +44 (0)7891 079 789
Fax number: +44 (0)7006 044 223
Introduction
You will be able to access most areas of this Website without
registering your details with us.
We may revise these terms and conditions at any time by updating
this posting. You should check this Website from time to time to
review the then current terms and conditions, because they are
binding on you. Certain provisions of these terms and conditions
may
be superseded by expressly designated legal notices or terms
located on particular pages of this Website. If you do not wish
to accept
any new terms and conditions after we have given
notice, you should not continue to use this Website.
Pricing
All prices are subject to VAT at the current rate.
Where we charge separately for packing, carriage and insurance
and other relevant charges, the appropriate rates are set out in
our quotations,
and also by request.
Our prices are reviewed periodically.
Cancellation and Returns Policy
If you wish to cancel your order:
(a) you can notify us by calling or e-mailing us before we have
dispatched the goods to you; or
(b) where goods have already been dispatched to you, by
returning goods to us in accordance with clause below. Notice of
return
must be within 7 days from receipt of goods.
All returns must be arranged by calling or e-mailing us as we
can not accept return requests by fax or post. The costs of
returning goods
to us shall be borne by you.
Upon receipt of the goods we will give you a full refund of the
amount paid or an exchange credit as required.
The rights to return the goods to us as referred to in the above
clause will not apply in the following circumstances: -
in the event that the product has been used
to any products that we have made or customised specifically for
you
precious metal targets, and other deposition
materials
process and deposition systems
The provisions of the above clause do not affect your statutory
rights.
If your goods are faulty we will accept a return as long as the
goods were purchased within the last 6 months. In the event of a
faulty return we will test the product to determine the fault
and should no fault occur then we reserve the right to refuse
credit and
if necessary charge for the collection.
If we have sent the wrong goods by mistake we will arrange a
return (at our cost) and arrange for the correct item to be sent
in its place.
Licence
You are permitted to print and download extracts from this
Website for your own use on the following basis:
(a) no documents or related graphics on this Website are
modified in any way;
(b) no graphics on this Website are used separately from
accompanying text; and
(c) any of our copyright and trade mark notices and this
permission notice appear in all copies.
Unless otherwise stated, the copyright and other intellectual
property rights in all material on this Website (including
without
limitation photographs and graphical images) are owned
by us or our licensors. For the purposes of these terms and
conditions,
any use of extracts from this Website other than in
accordance with the above clause for any purpose is prohibited.
If you breach any of the terms in these terms and conditions,
your permission to use this Website automatically
terminates and
you must immediately destroy any downloaded or printed extracts
from this Website.
Subject to above clause, no part of this Website may be
reproduced or stored in any other website or included in any
public or private
electronic retrieval system or service without
our prior written permission.
Any rights not expressly granted in these terms are reserved.
Service Access
While we endeavour to ensure that this Website is normally
available 24 hours a day, we will not be liable if for any
reason this Website
is unavailable at any time or for any
period.
Access to this Website may be suspended temporarily and without
notice in the case of system failure, maintenance or repair or
for reasons
beyond our control.
Visitor Material and Conduct
Other than personally identifiable information, which is covered
under the Privacy Policy.
Privacy Policy
Any material you transmit or post to this Website will be
considered non-confidential and non-proprietary. We will have no
obligations
with respect to such material. We and our nominees
will be free to copy, disclose, distribute, incorporate and
otherwise use such material
and all data, images, sounds, text
and other things embodied therein for any and all commercial or
non-commercial purposes.
You are prohibited from posting or transmitting to or from this
Website any material:
(a) that is threatening, defamatory, obscene, indecent,
seditious, offensive, pornographic, abusive, liable to incite
racial hatred,
discriminatory, menacing, scandalous,
inflammatory, blasphemous, in breach of confidence, in breach of
privacy or which may cause
annoyance or inconvenience;
(b) for which you have not obtained all necessary licences
and/or approvals;
(c) which constitutes or encourages conduct that would be
considered a criminal offence, give rise to civil liability, or
otherwise be contrary
to the law of or infringe the rights of
any third party, in the UK or any other country in the world; or
(d) which is technically harmful (including, without limitation,
computer viruses, logic bombs, Trojan horses, worms, harmful
components,
corrupted data or other malicious software or
harmful data).
You may not misuse the Website (including, without limitation,
by hacking).
We will fully co-operate with any law enforcement authorities or
court order requesting or directing us to disclose the identity
or locate
anyone posting any material in breach of above
relevant clauses.
Links to and from other Websites
Links to third party websites on this Website are provided
solely for your convenience. If you use these links, you leave
this Website.
We have not reviewed all of these third party
websites and do not control and are not responsible for these
websites or their content
or availability. We therefore do not
endorse or make any representations about them, or any material
found there, or any results that
may be obtained from using
them. If you decide to access any of the third party websites
linked to this Website, you do so entirely at
your own risk.
If you would like to link to this Website, you may only do so on
the basis that you link to, but do not replicate, the home page
of this Website,
and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or
appearance of the the K-TECH SUPPLIES LTD logo and/or other
graphics
and images depicted;
(b) you do not create a frame or any other browser or border
environment around this Website;
(c) you do not in any way imply that we are endorsing any
products or services other than our own;
(d) you do not misrepresent your relationship with us nor
present any other false information about us;
(e) you do not otherwise use any K-TECH SUPPLIES LTD trade marks
displayed on this Website without our express written
permission;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful,
offensive or controversial, infringes any intellectual property
rights or other
rights of any other person or otherwise does not
comply with all applicable laws and regulations. We expressly
reserve the right to revoke
the right granted in this clause for
breach of these terms and to take any action we deem
appropriate.
You shall fully indemnify us for any loss or damage we or any of
our group companies may suffer or incur as a result of your
breach of
the above relevant clause.
Disclaimer
While we endeavour to ensure that the information on this
Website is correct, we do not warrant the accuracy and
completeness of the
material on this Website. We may make
changes to the material on this Website, or to the products and
prices described in it, at any time
without notice. The material
on this Website may be out of date, and we make no commitment to
update such material.
The material on this Website is provided "as is" without any
conditions, warranties or other terms of any kind. Accordingly,
to the
maximum extent permitted by law, we provide you with this
Website on the basis that we exclude all representations,
warranties,
conditions and other terms (including, without
limitation, the conditions implied by law of satisfactory
quality, fitness for purpose and the
use of reasonable care and
skill) which but for these terms and conditions might have
effect in relation to this Website.
Liability
We, any other party (whether or not involved in creating,
producing, maintaining or delivering this Website), and any of
our
group companies and the officers, directors, employees,
shareholders or agents of any of them, exclude all liability and
responsibility for any amount or kind of loss or damage that may
result to you or a third party (including without limitation,
any direct,
indirect, punitive or consequential loss or damages,
or any loss of income, profits, goodwill, data, contracts, use
of money,
or loss or damages arising from or connected in any
way to business interruption, and whether in tort (including
without limitation negligence),
contract or otherwise) in
connection with this Website in any way or in connection with
the use, inability to use or the results
of use of this Website,
any websites linked to this Website or the material on such
websites, including but not limited to
loss or damage due to
viruses that may infect your computer equipment, software, data
or other property on account of your
access to, use of, or
browsing this Website or your downloading of any material from
this Website or any websites linked to this Website.
Nothing in these terms and conditions shall exclude or
limit our liability for (i) death or personal injury caused by
negligence
(as such term is defined by the Unfair Contract Terms
Act 1977); (ii) fraud; (iii) misrepresentation as to a
fundamental matter;
or (iv) any liability which cannot be
excluded or limited under applicable law.
If your use of material on this Website results in the need for
servicing, repair or correction of equipment, software or data,
you
assume all costs thereof.
You agree to indemnify us fully, defend and hold us, and our
officers, directors, employees and agents, harmless from and
against
all claims, liability, damages, losses, costs (including
reasonable legal fees) arising out of any breach of the terms
and conditions by you,
or your use of this Website, or the use
by any other person using your registration details.
Governing Law and Jurisdiction
These terms and conditions shall be governed by and construed in
accordance with English law. Disputes arising in connection
with
these terms and conditions shall be subject to the exclusive
jurisdiction of the English courts.
We do not warrant that materials/items for sale on the Website
are appropriate or available for use outside the United Kingdom.
It is prohibited to access the Website from territories where
its contents are illegal or unlawful. If you access this Website
from
locations outside the United Kingdom, you do so at your own
risk and you are responsible for compliance with local laws.
Miscellaneous
You may not assign, sub-license or otherwise transfer any of
your rights under these terms and conditions
If any provision of these terms and conditions is found by any
court of competent jurisdiction to be invalid, the invalidity
of
that provision will not affect the validity of the remaining
provisions which shall continue to have full force and effect.
Only the parties to these terms and conditions may seek to
enforce them under the Contracts (Rights of Third Parties) Act
1999.
_______________
GENERAL
The following terms govern any agreement between K-TECH SUPPLIES
LIMITED or associated company (“the Company”)
and any customer
(“the Customer”) for the supply of goods by the
Company.
No officer or employee of the company has the
authority
to alter or waiver any of the following terms save a director of
the company who may do so in writing.
These terms shall prevail over any other terms of the
agreement which are inconsistent, whether directly or
indirectly, with these terms,
and the Company supplies goods
only on a basis that these terms override any other terms
referred to by the Customer.
Description
In the absence of a written undertaking to the contrary, the
Company may vary or modify the design specification of finish of
the
goods with out prior
notice to the customer.
Prices
Unless otherwise stated all prices are exclusive of VAT,
customers, dock or harbour dues, consular or any other taxes or
charges not specifically quoted by the company.
In addition to the quoted price the Customer will be
liable to meet any
additional cost of the Company resulting from
change in market conditions between the date of quotation and
the date
of supply, including but not limited to the increase in
the cost of labour, materials and transport.
Where supply by the
Company involves export from the UK the
goods will be sold ex warehouse and the Customer will pay the
cost of
packing and any other charges accruing at the time of despatch.
Where the total order value
is
less than £30
the
Company may require payment of a (small) handling charge
(not exceeding 10% order value). Our prices are periodically
reviewed and revised.
Ordering
We will send you an order acknowledgement, detailing the
products you have ordered.
Our acceptance of an order
takes place when we despatch the
order. When we despatch the order the purchase contract will be
made even if your
payment has been processed
immediately, unless we have notified you that we do not accept
your order or you have
cancelled your order.
We may refuse to accept an order:(a) where goods are not available;(b) where we cannot obtain
authorisation for your payment;(c) if there has been a pricing or product description error; or(d) if you do not meet any
eligibility criteria set out in our
terms and conditions.
Details about our delivery costs, delivery times and other
delivery related information are available by request at enquiry
stage and shall be included, where known, at quotation
stage.
Delivery and Performance
All dates quoted for delivery or the performance of service are
estimates only, and time shall not be of the essence of the
contract.
The
Company shall not be liable for any loss or damage directly or
indirectly through delay in delivery. In the event of
deferment
or non-acceptance of delivery after notification to the Customer
that the goods are ready for despatch, the
Company may levy a
demurrage charge of 2.5% invoice value per month and charge for
any delivery costs.
Risk
Where delivery of the contract goods is ex the Company’s works,
the risk shall pass to the Customer at the commencement of
loading onto any vehicle transporting the goods from such works.
Where delivery of the contract goods is to designated place,
the
risk shall pass to the Customer upon arrival at such place
immediately prior to unloading.
The Company will replace or
repair at its option any
goods damaged in transit provided that the Customer give written
notice of damage within 3 days of
receipt of goods. The Company
will not have any further liability of any nature whatever in
respect of goods damaged in transit.
Payment
Unless otherwise specified by the Company in writing payment is
due for account customers
strictly within 30 days from the
date of invoice.
Some orders may be subject to stage payments, including full or
part payment at time of ordering.
Overdue
payment of invoices may result in excess charges being levied
upon the customer, and the account being placed on stop,
preventing further delivery of goods until the account is
settled in full. Account status may be revoked at any time
subject to continual abuse of payment procedures.
Customers without an account must pay
COD or against proforma invoice.
Title
Title in any goods supplied by the Company shall remain vested
in the Company until the Customer has paid in full
(a) for such
goods (b) for any other goods which have been delivered to the
Customer at any time by the Company.
The Customer may not resell any goods supplied by the
Company before payment in full to the Company, and in the
event
that the goods are resold before such payment has been made by
the Customer shall not hold the proceeds of the
sale of such
goods on trust for the Company.
Warranty and Liability
Provided that the Customer has paid in full for the goods not
later than the dates due for payment hereunder, and has properly
maintained the goods in accordance with any instructions given
by the Company, and has allowed full access to the goods
for
inspection and testing, the Company will replace without charge
any goods of its manufacture which have become faulty
by reason
of defective materials or workman ship within 12 months of
delivery to the Customer.
The Company shall not in any
circumstances be liable for any
consequential loss occasioned by any use of or defect in the
goods supplied and shall have
no liability under the third party
liability clause, agreed in writing to such purchase in advance.
The Company shall not
be responsible for damage or loss of any
kind whatsoever to any property or persons howsoever arising
from the use
of the goods or otherwise in connection with the
installation or erection of the goods.
Third Party Liability
The Customer is responsible for effecting insurance to cover any
injury to persons or damage to property caused whatever reason
by the goods or by the uses of the customer or any other
persons, and will indemnify the Company in full against any
claim
brought against it by any person (including the Customer)
in respect of personal injury or damage to property so caused.
For the purposes of the Contracts (Rights of Third Parties) Act
1999 and notwithstanding any other provisions of this agreement
this agreement is not intended to, and does not, give any person
who is not a party to it any right to enforce its provisions
Default
Should the Customer default in paying any monies due to the
Company (a) the Customer shall be liable to pay interest on the
unpaid balance of such monies at 4% above National Westminster
Bank base rate during such period as the monies remain unpaid
and (b) the Company shall be entitled to suspend all further
deliveries of goods to the Customer until all sums outstanding
have
been paid or cancel any contract between it and the
Customer not then executed in full.
Patent and other
Rights
Where work is carried out by the Company to the Customer’s
specifications the Customer shall indemnify the company against
all claims in respect of which the Company may be liable and all
costs and expenses incurred by the Company in respect of
such
claims arising out of an infringement or alleged infringement of
any patent, registered design or other intellectual property
right.
Force Majeure
The Company shall be relieved of all its obligations to the
Customer the
fulfilment
of which is prevented or impeded by: (a) war,
invasion, act of
foreign hostility (whether declared or not), civil insurrection,
riot, disturbance or unrest; or (b) any statute, rule or
regulation,
order or requisition issued by any competent
authority; or (c) any strike, lockout, breakdown or plant; or
(d) any caused beyond the Company’s control.
Headings
All headings are for ease of reference only and shall not affect
the construction of this contract.
Severance
Any provision of this contract which is or may be void
or unenforceable shall to the extent of such invalidity or
unenforceability be
deemed severable and shall not affect any
other provision of this contract.
Waiver
No waiver or forbearance by the Company
(whether express
or implied) in enforcing any of its rights under this contract
shall prejudice its right to do so in the future.
Proper Law
The supply of any goods by the Company shall be subject to
English Law and the courts of England or Wales shall have
exclusive jurisdiction in respect of any dispute or whatever
nature arising in respect of such supply.
|