SWIFT-CUT AUTOMATION LTD | Terms and Conditions - Effective from 1st January 2017
1. These terms and conditions and the contract of sale shall be construed in accordance with the Law of England and Wales. We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website (see date at the top) and it is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.
2. Certain website services will require registration and subsequent access to those services will be subject to an approved login name and password. Information that you provide on this website must be accurate and complete. All password details are accepted and may be withdrawn at our sole discretion and are exclusive to you and non-transferable and must be treated as strictly confidential at all times. In the event that you may have any concerns or become aware of any misuse then you must notify us immediately by emailing our Customer Services at firstname.lastname@example.org.
3. These general terms and conditions shall apply to all contracts any variations must be agreed in writing between the parties.
1. The Prices payable for the items that you order are clearly set out on the web site. All prices are subject to VAT and a Delivery charge. Prices may change and the Seller will ensure that revised prices are notified to the Buyer as soon as reasonably possible.
1. The risk in the product shall remain with the company until it shall be delivered to the delivery address whereupon the risk shall pass to the Buyer. All goods must be signed for by an adult aged 18 years or over on delivery.
2. An estimated delivery date will be provided as a good faith estimate and the company shall not be liable for any variations or delays in delivery. Time is not of the essence in respect of this contract and may only be made of the essence upon service of notice requiring delivery within 30 days of the date of such notice.
3. The company will use its best endeavours to deliver on the estimated delivery date and to keep the Buyer advised of any revision to the estimated delivery date explaining the reasons for the revision and provide updated information.
The Buyers Obligations at installation
An installation guide and specification together will be provided to the Buyer including an agreed layout drawing and it will be the Buyers responsibility to deal with any additional requirements specified in those documents.
To operate reliably an electricity supply needs to be available which does not have voltage fluctuations of plus or minus 5%. The company will not be liable under the terms of any warranty specific or implied should the electricity supply not fall within these parameters. A clean earth/earth stake may be required to reduce electrical noise.
Operation of the Product after Installation
The Buyer is responsible for ensuring the safe operation of the product after installation including the provision of all safety guarding so that the same shall comply with all regulations and legislation applying in the jurisdiction of the Buyer’s place of installation and shall indemnify the company in respect of any claim arising from failure of a duty of care for safe operation of the product.
We accept payment by credit or debit cards registered to a UK address. We accept the following cards: Maestro, Visa Debit, Visa Electron, MasterCard, Solo and Visa Credit.
To ensure that your credit or debit card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third part databases. By accepting these terms and conditions you content to such checks being made. We confirm that any Personal Information which you provide to us and any User Information from which we can identify you, is strictly held in accordance with the registration we have with the Data Commissioner's Office.
We will take all reasonable care to keep your order and payment details secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from our website.
1. The Company will warrant for the period of one year from the date of delivery that the product will perform in accordance with its specification and we will replace all defective parts and cover the costs of labour for repairs provided that the product shall have been operated in a normal manner and/or in accordance with The Operating Manual and it shall not have had any unauthorised or additional modifications or repairs carried out nor shall it have been damaged by other machinery,weather,fire, or a normal insured risk.
2. The Buyer must notify the company as soon as the Buyer is aware of a defect with the product and follow any instructions given by the Company as to ongoing future use.
3. The company agrees to use its best endeavours to rectify any fault or defect arising during the Warranty period as soon as reasonably possible.
4. The company shall not be liable to the Buyer for any damages how so ever arising from a breakdown or defect or failure of any part unless the same shall be caused by the company’s negligence.
Intellectual Property Rights
1. The company retains all intellectual Property Rights in the product including rights in the course of acquisition or acquired in the future including copyright registered design code trademark and patent.
2. The Buyer agrees not to provide access to the product to any third party who may wish to replicate its design or aspects thereof OR to allow the product to be displayed at any exhibition or public event without the company’s written consent.
Save for Death or Personal Injury or where prevented by Law the maximum amount of damages recoverable from the company under this contract shall not exceed the price.
Without prejudice to the generality of any of these conditions, the Seller shall not be liable for any loss or damage caused by the non-performance or delay in the performance of any of its obligations hereunder if the same is occasioned by any cause whatsoever which is beyond the Seller’s control. Should any such event occur the Seller may cancel or suspend this contract without incurring any liability for any loss or damage thereby occasioned.