All orders are accepted by Dart Sensors Ltd. on these conditions of sale which supersede any other terms appearing in this or any previous publication or elsewhere, and, unless otherwise specifically agreed in writing on Dart Sensors documentation by a Director of Dart Sensors, these conditions of sale override and exclude any other terms stipulated or incorporated or referred to by the customer, whether in the order or during any negotiations or any course of dealing established between Dart Sensors and the customer, and constitute the entire understanding between Dart Sensors and the customer for the sale of products.
All descriptions and illustrations contained in Dart Sensors literature or web pages or any price list or otherwise communicated to the customer are intended merely to present a general idea of the products, and nothing contained in any of them shall form any part of the contract between Dart Sensors and the customer.
Prices of our products are provided on our website. Negotiated prices with a customer will be provided on a quotation or proforma invoice.
Orders may be placed by email, through our website, or by post. Payment of a proforma invoice indicates the customer’s acceptance of the terms in the proforma invoice.
Where a purchase order is provided to Dart Sensors with terms of purchase that override our terms of sale, no sale will be made until the terms are renegotiated to Dart Sensors’ satisfaction.
Dart Sensors reserves the right to decline to trade with any company or person. In addition, and not withstanding any other provisions of these conditions of sale, Dart Sensors may decline to accept any order, whether or not payment has been received, by giving notice of non-acceptance to the Customer by email, facsimile or telephone within 24 hours (excluding weekends and public holidays) of receipt by Dart Sensors of an order. In the event that Dart Sensors declines to accept an order in respect of which payment has been received, the full amount of such payment will be refunded.
All products are delivered by DHL insured and carriage paid unless otherwise agreed in advance. Import duties and other fees are the responsibility of the customer. Unless otherwise agreed, shipping costs will be billed to the customer.
At our discretion we may agree to use a customer’s account to ship goods (if requested), after confirming that suitable insurance has been obtained by the customer to cover loss of the goods. Payment will still be required in full for lost shipments sent under Incoterms that do not make Dart Sensors liable for loss (e.g. FCA).
Delivery to the Russian Federation requires a registered business address. Failure to provide a suitable destination address normally results in the package being rejected. Under these circumstances the shipping fee is non-refundable.
Delivery will normally only be made to the customer’s usual business address as notified to Dart Sensors.
The delivery period for our products depends on the products ordered and the quantity:
Orders of up to 500 are shipped with 3-5 days. Larger orders take a week per 1,000 sensors ordered. Calibrated sensors can take 2-3 weeks to ship due to the time it takes to remove offsets.
- Fuel cell wafers
Most orders can be shipped within 4 days of receipt of payment. If an infrequently ordered combination of size and electrolyte is ordered this can extend to 7-8 days.
- Calibration Standards
Certified liquid standards (if in stock) can be dispatched the same day as receipt of payment. Restocking occurs every 2 years on the expiry date of the existing batch, due to the certification cost. For this reason, unless you intend to order a large quantity (250+) it is unlikely a new batch will be made to satisfy your order.
Circuit boards and connector wires typically ship within 2 days of receipt of payment.
The customer must inspect the products as soon as is reasonably practicable after delivery and shall within 30 days of delivery give notice to Dart Sensors in detail of any defect in the products or of any other complaint which the customer may have in relation to the products. If the customer fails to give such notice, the products shall be presumed to be in accordance with the contract and free from any defect which would be apparent on reasonable examination, and the customer shall be deemed to have accepted the products accordingly.
In the event of a defect being found within this 30 day period the customer is entitled to refund, repair or replacement at their discretion subject to the return procedure being correctly followed.
Queries regarding shortages of products must be made within 30 days of the delivery date and must be accompanied by the despatch note. Queries regarding products invoiced but not delivered must be made within 30 days of invoice date and the invoice number must be quoted.
Transit Delays and Non-Delivery
Except as set out in these terms and conditions in no circumstances shall Dart Sensors be liable to compensate the customer in damages or otherwise for non-delivery or late delivery of products or for any loss consequential or otherwise arising from non-delivery or late delivery.
When the decision has been made to provide a refund, it will normally be issued within 14 days.
Customers with a credit account will receive a credit note, and may opt to have the funds transferred to their bank account or used against future orders.
If sums are owed by the customer to Dart Sensors a refund may be credited against these sums.
Card payments will be refunded directly to the card where possible.
Passing of Risk and Property
Risk of loss of or damage to the products shall pass to the customer at the time of delivery as determined by the Incoterms governing the contract. The property in the products shall not pass to the customer until all sums due or owing to Dart Sensors by the customer on any account have been paid. If the customer defaults in the payments of any sum owing to Dart Sensors, then Dart Sensors shall be entitled to the immediate return of all products sold by Dart Sensors to the customer in which the property has not passed to the customer. Demand for or recovery of the products by Dart Sensors shall not of itself discharge either the customer’s liability to pay the whole of the price and take delivery of the products or Dart Sensors’ right to sue for the whole of the price.
Dart Sensors warrants that it will, at its option, replace products supplied by Dart Sensors in which under proper use defects appear, or repair the same, or refund the purchase price thereof, subject to the claim being made in writing to Dart Sensors within 12 months after despatch, or such other period as may be indicated by Dart Sensors for specific products from time to time. This warranty is dependent on the correct return procedure being followed. Any products or parts which are replaced by Dart Sensors shall become the property of Dart Sensors. This warranty shall be in lieu of any warranty or condition implied by law as to the quality or fitness for any particular purpose of the products except any implied by law which by law cannot be excluded.
Product and Availability Information
Dimensions and other physical characteristics are subject to normal commercial tolerances. The customer shall be responsible for ensuring the fitness of the product for the customer’s application.
Dart Sensors reserves the right without prior notice to discontinue any product or to make design changes as part of its continuous programme of product improvement, or to assist product availability.
Dart Sensors will be pleased to advise the customer in these and other matters related to the use of the products.
The information contained in Dart Sensors literature and web pages was, as far as Dart Sensors was aware, correct at the time of publication.
Where the customer intends to supply the products to any other person, the customer shall all ensure that all warnings, labels, instructions, manuals and other information in respect of the products or their use which are supplied with the products are not lost or damaged in any way while the products are in his possession or under his control and that they are supplied with the products when he releases them from his possession or control.
Quality Conformance Statement
A statement of quality conformance is available for all products. Please contact us to obtain one if needed.
Dart Sensors shall not be under any liability for damage, loss or expense resulting from the failure to give advice or information or the giving of incorrect advice or information whether or not due to Dart Sensors’ negligence or that of its employees, agents or sub-contractors.
These conditions set out Dart Sensors’ entire liability in respect of the products and Dart Sensors’ liability under these conditions shall be in lieu and to the exclusion of all other warranties, conditions, terms and liabilities express or implied statutory or otherwise in respect of the quality or the fitness for any particular purpose of the products or otherwise howsoever except any implied by law which by law cannot be excluded. Save as provided in these conditions and except as aforesaid Dart Sensors shall not be under any liability, whether in contract, tort or otherwise, in respect of defects in the products or failure to correspond to specification or sample or for any injury, damage or loss resulting from such defects or failure.
In no event shall any breach of contract on the part of Dart Sensors or tort (including negligence) or failure of any kind on the part of Dart Sensors or that of its employees, agents or sub-contractors give rise to any liability for loss of revenue or any consequential or indirect loss or damage arising from any cause whatsoever. Dart Sensors’ liability (if any) whether in contract, tort or otherwise in respect of any defect in the products or of any duty owed to the Customer in connection herewith shall be further limited in the aggregate to £500,000.
The following payment methods are available:
- Credit terms (subject to satisfactory references). Payment is due within 30 days of receipt of goods. If any sum is not paid on the due date for payment, all sums then outstanding from the customer will immediately become due and payable notwithstanding that such sums would not otherwise be due until a later date.We understand and will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to agreed credit terms.
- Credit or debit card through Sagepay
- Direct bank transfer.
Country of Origin
Unless otherwise confirmed, nothing in Dart Sensors’ literature or web pages is to be taken as a representation of the source of origin, manufacture, or production of the products or any part thereof.
Please note that goods damaged by the customer are not eligible for return. This includes breaking the PCB off a sensor, or snapping connector wires – these faults are only eligible for return if received by the customer in this state. Any attempt to repair the goods by the customer will also make them ineligible for return.
If you suspect that a product you have purchased from Dart Sensors is faulty, please contact us to obtain an RMA.
Please provide the following information:
Batch number and quantity of the product
Our order reference for the purchase of the product
Details of the fault
For us to provide an RMA the product will need to be in warranty, and the fault must be a valid reason for return. We will not replace product that has been damaged through expected wear and tear from use.
Please ensure that you have marked your RMA number clearly on the outside of the package. Ensure that the goods are securely and carefully packed. Items that are not packed correctly will be rejected and your entitlement to a replacement or refund will be void. For international returns please ensure the commercial invoice is marked “CPC 6123F01”.
Products must be returned to Dart Sensors in their original condition and in their original packaging within 30 days of issuing the RMA or your request will be cancelled.
Please note that returned items are tested for the faults that are indicated within your fault description and for basic operation of the product. If these faults are not found, then the product will be returned to you and a carriage/handling fee will be charged.
Returned items confirmed as faulty will be replaced by an identical product (or a product of similar specification), sent for repair or credited depending on the age, condition and status of the product and the availability of an appropriate replacement.
Replacement items will be sent under DAP terms.
Products returned that are out of warranty will either be returned to the customer at the customer’s expense or recycled and credited to the customer at scrap value (if any).
All products are returned at the customer’s risk and Dart Sensors accepts no responsibility for any loss or damage thereto.
Minimum Age Policy
Dart Sensors only supplies products to customers aged 18 or over.
- Your right to cancel
Your right to cancel an order for goods starts the moment you place your order and ends 14 days from the day you receive your goods.
If your order consists of multiple goods, the 14 days runs from when you get the last of the batch.
This 14 day period is the time you have to decide whether to cancel, you then have a further 14 days to actually send the goods back.
The cost of returning the goods is the responsibility of the customer.
- Your right to a refund
You should get a refund within 14 days of either Dart Sensors receiving the goods back, or you providing evidence of having returned the goods (for example, a proof of postage receipt from the post office), whichever is the sooner.
A deduction may be made if the value of the goods has been reduced as a result of you handling the goods more than was necessary.
Perishable items such as Liquid Standards are non-returnable if the security seal has been broken.
Any modification made to delivered products may make the product ineligible for refund.
This policy applies only to consumers, not businesses.
Copyrights and Patents
Products are offered for sale subject to any patent, trade mark, registered design, copyright, topography right or other right of any person.
If Dart Sensors is hindered or prevented from performing any contract owing to any cause beyond the reasonable control of Dart Sensors or by its inability to procure services, materials or articles required for the performance of the contract except at enhanced prices, Dart Sensors may at its sole option delay the performance of, or cancel the whole or any part of the contract, and Dart Sensors shall not be held responsible for such delay or cancellation or any inability to deliver. In particular, although Dart Sensors will use all reasonable endeavours to deliver back orders by the date stated by Dart Sensors, Dart Sensors shall not be held responsible for any delay in the delivery of, or inability to deliver, such orders.
Choice of Law
All contracts between Dart Sensors and the customer shall be governed by and interpreted in accordance with English Law and the customer submits to the jurisdiction of the High Court of Justice in England, but Dart Sensors may enforce any such contract in any court of competent jurisdiction.
05 March 2015