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Conditions of Sale
General
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
Prices of products will be as set out in our quotation. For repeat business, if no new quotation is served, prices will be as agreed in the most recent quotation.
Ordering
Orders may be placed by email, fax or post. A written quotation will be supplied to the customer in respect of new business or repeat business in which the previous quotation no longer applies. The customer must sign and return the quotation before the order will be accepted.
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.
Delivery
All products are delivered by Parcelforce insured and carriage paid unless otherwise agreed in advance. Import duties etc. are the responsibility of the customer.
Delivery will normally only be made to the customer's usual business address as notified to Dart Sensors.
Inspection, Transit Delays and Non-delivery
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 conclusively presumed to be in all respects 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 that the customer establishes to Dart Sensors’ reasonable satisfaction that the products are not in accordance with the contract or are so defective, the customer's sole remedy in respect of such non-accordance or defects shall be limited as Dart Sensors may elect to the replacement of the products or refund of the purchase price or, where sums are owed by the customer to Dart Sensors, the issue of a credit note against return of the products.
Queries regarding shortages of products must be made within 10 days of the despatch date and must be accompanied by the despatch note. Queries regarding products invoiced but not delivered must be made within 10 days of invoice date and the invoice number must be quoted.
The customer must refuse parcels delivered in a damaged condition.
Except as set out above in no circumstances shall Dart Sensors be liable to compensate the customer in damages or otherwise for non-delivery or late delivery of the products or any of them for whatever reason or for any loss consequential or otherwise arising from non-delivery or late delivery.
Passing of Risk and Property
Risk of loss of or damage to the products shall pass to the customer at the time of delivery. 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, and until payment the following provisions of this paragraph shall apply. Except where full payment is made in cash, the whole of the price shall not be treated as paid until any cheque or other instrument of payment given by the customer has been met on presentation or otherwise honoured in accordance with its terms. If the customer defaults in the punctual 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.
Warranty
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,
provided that products or parts to which the claim relates are returned to Dart Sensors within that period
suitably packaged and carriage paid and, where relevant, in accordance with any particular instructions
which Dart Sensors may have notified to the customer at the time of supply. Returned products or
parts must be accompanied by an advice note stating the original invoice number in respect of the products
and the nature of any claimed defect, together with such further information as Dart Sensors may at
the time of supply have stipulated. 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 is, 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 provided for all products. Where these fall within the scope of Dart Sensors’ registration to BS EN ISO 9002, the statement will be in accordance with the conditions of registration and incorporated in the customer's despatch note.
Liability
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.
Payment
1. Credit terms (subject to satisfactory references) are available. 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.
2. Cash with order.
Please ensure that cheques are made out to Dart Sensors Ltd. and are crossed. All payments must be made without any set-off, deduction or counterclaim.
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.
Returns and Handling Charge
Products must be returned to Dart Sensors in their original condition and in their original packaging within 30 days of delivery (as on the delivery documentation) stating relevant despatch number in order for the customer to be eligible for any refund.
Where products are returned to Dart Sensors after expiry of this 30 day period then Dart Sensors reserves the right to levy a handling charge. Products accepted for return will be credited at invoice value and the appropriate handling charge (if any) applied. If invoice details are not quoted the credit will be based upon the lowest sales price.
All products are returned at the customer's risk and Dart Sensors accepts no responsibility for any loss or damage thereto.
Order Cancellations
Cancellations or part cancellation of an order can only be accepted after prior negotiation and agreement to terms which will indemnify us against any expense incurred. In the event of part cancellation we reserve the right to invoice for any difference in selling price applicable to the quantity dispatched up to the time of cancellation.
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.
Force Majeure
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.
Repair Conditions
Dart Sensors provides a repair facility and a corresponding charge when not eligible for claims under warranty, whether by reason of the time which has elapsed since purchase or for some other reason.
This service is subject to availability of parts and is only available if the product has suffered neither excessive physical nor electrical damage and is free from modifications other than such modifications as may be detailed in the literature supplied with the product.
Such products are accepted for repair subject to the following conditions:
1. For products purchased from Dart Sensors the provisions set out in the repair information/questionnaire supplied with the product in question must be complied with.
3. Dart Sensors may at its absolute discretion either repair a product which it accepts for repair or replace it with a substitute product.
4. In house turn-round target in respect of products accepted by Dart Sensors for repair is 7 working days from receipt to despatch but Dart Sensors shall be under no liability if it fails to comply with such target.
5. Any part of any substitute product supplied by Dart Sensors under its service is supplied subject to the conditions of sale current at the date the repaired or substituted product is dispatched by Dart Sensors, save that any warranty claims made in respect of any such product must be made within 12 months of the date of the invoice in respect of the repair, or such other periods as may be indicated by Dart Sensors for specified products from time to time.
6. (a) Dart Sensors warrants that it will at its option rectify defective repair work performed under this repair facility or supply to the customer free of charge a substitute product in place of the defectively repaired product subject to the customer submitting to Dart Sensors both a written claim specifying the defect and the repaired product in question being received by Dart Sensors within 12 months of the date of the invoice in respect of the repair or such other periods as may be indicated by Dart Sensors for specific products from time to time. This warranty shall be in lieu of any warranty or condition implied by law in relation to repair work under this repair facility except any implied by law which cannot by law be excluded.
(b) Save as provided in paragraph (a) above Dart Sensors shall not be under any liability whether in contract, tort or otherwise and whether or not resulting from the negligence of Dart Sensors or of its employees, agents or sub-contractors in respect of defective repair work or for any damage or loss resulting therefrom or from the failure to give advice or information or the giving of incorrect advice or information.
(c) 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 or Dart Sensors or of its employees, agents or sub-contractors give rise to any liability for loss of revenue or any consequential or indirect loss of damage arising from any cause whatsoever.
(d) Dart Sensors’ liability (if any) whether in contract, tort or otherwise in respect of any matter arising from or in connection with the repair facility for products or of any duty owed to the customer in respect thereof shall be further limited in the aggregate to £100,000.
7. Repair charges are subject to V.A.T. (UK customers only).
Calibration Conditions
For certain products purchased from Dart Sensors, Dart Sensors provides a calibration service for which there is a corresponding charge. Products accepted for recalibration under this service will be checked for compliance with the published specification at appropriate points, using working standards which are periodically verified and which are traceable to National Standards and a dated and signed certificate of test will be issued giving details of the measurements made. If the product requires more than minor adjustment appropriate to a normal recalibration routine the product will either be returned to the customer or on receipt of the appropriate order will be repaired, subject to the repair conditions, before further recalibration. In this case the repair charge will be payable by customers in addition to the recalibration charge.
Such products are accepted from customers for the recalibration service subject to the following conditions:
1. The product must be free from manifest, physical and electrical damage and from modifications other than such modifications as may be detailed in the literature supplied with the product.
2. The recalibration charge must be paid to Dart Sensors no later than the date of receipt of the product by Dart Sensors except that customers with an authorised account who enclose a properly authorised written order requesting recalibration with the product may pay through such account and will be invoiced in due course.
3. Turn round target in respect of products accepted by Dart Sensors under the recalibration service is 7 working days from receipt to despatch but Dart Sensors shall be under no liability if it fails to comply with such target.
4. By request Dart Sensors will undertake to advise a customer when a specified product is due for recalibration. A request for the recalibration must be made in writing and must specify the product concerned by type and serial number. Receipt and acceptance of the request will be indicated by written acknowledgement from Dart Sensors. Dart Sensors shall be under no liability if it fails for any reason to advise the customer of any due recalibration.
5. (a) Dart Sensors shall not be under any liability whether in contract, tort or otherwise and whether or not resulting from the negligence of Dart Sensors or of its employees, agents or sub-contractors in respect of defective calibration work or for any damage or loss resulting therefrom or from the failure to give advice or information or the giving of incorrect advice or information.
(b) 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 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.
(c) Dart Sensors liability (if any) whether in contract, tort or otherwise in respect of any matter arising from or in connection with the calibration service for products or of any duty owed to the customer in respect thereof shall be further limited in the aggregate to £100,000.
6. Recalibration charges are subject to V.A.T. (UK customers only).
ISSUE No. 1
15 March 2002
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