TERMS & CONDITIONS 2010

Definitions

The Seller shall mean ‘ETEK Europe Ltd’
The Buyer shall mean the Person, Firm or Company to whom the Invoice or Purchase Order is addressed
The Goods shall mean the Materials, Fabricated Products, or Supply of Services covered by the Invoice or Purchase Order issued by the Seller. The Price shall mean the Price referred to in the Invoice or Purchase Order issued by the Seller.

Payment

Terms are 30 days net from date of delivery unless otherwise agreed and stated in the invoice. All prices given by the Seller are for guidance only and subject to confirmation by written quotation. Prices are exclusive of VAT, which, where applicable, shall be paid by the Customer.

Unless otherwise expressly agreed in writing by the Seller  invoices for goods and, services will be issued by the Seller on or after delivery  or completion, as appropriate and payment of invoices is due in full within 30 days of the date of receipt by the Customer and time for payment shall be of the essence of the contract; If the Customer fails to pay, the Seller any amount on the due date, the Seller shall have the right

(a) Impose a fixed Late Payment Penalty this could be as much as £100.00 depending on the outstanding Invoice. 

(b) to charge interest at a rate of 8% p.a. above Bank of England Base Rate from the due date both before as well as after judgment on any outstanding sum and have the right to be reimbursed in full by the Customer for its reasonable costs of taking action to recover the debt.

Ref: Late Payment of Commercial Debts (Interest) Act 1998 & Late Payments of Commercial Debts Regulations 2002 (SI 2002 No 1674)

The goods remain the property of ETEK Europe Ltd until Full payment has been received.
Issues relating to product quality must be reported within 5 business days of receipt
Buyer shall report any discrepancy in shipment quantity or damage within five (5) business days after receipt, supplying appropriate photographic evidence of product and/or packaging where necessary.
Equipment, parts, options, upgrades sold as custom/specials that are designed/modified to Buyers specifications that are not part of ETEK Europes’ product offering, cannot be returned for credit.
No deductions from invoices for claims against the carrier will be allowed.

Returned goods

Shall not be returned without the Seller’s written consent
Returned Products must be in original manufacturer's shipping cartons complete with all packing materials and contents.
Products for return shall be returned freight prepaid
If returned Products are claimed to be defective, a complete description of the nature of the defect must be included (with photographic evidence) with the returned Products.
Items returned and found to be in working order will not be credited.

Cancellation

Buyer may cancel firm orders for Products upon payment of a fee based on a percentage of the Sterling (£) value of the order in accordance with the following schedule:

For orders of  Machine spares parts purchases, consumable items and Services, order cancellation will result in a charge of 50% of the Sterling (£) value of the Purchase Order or line item plus were appropriate, a restocking fee of £150.00

For Capital Equipment purchases (deemed to be greater than £2500, order cancellation will result in a Sterling (£) charge in accordance with the following schedule

0-30 calendar days prior to schedule delivery date - 60%
31-60 calendar days prior to scheduled delivery date - 30%
More than 60 days prior to scheduled delivery day  - 10%
Orders for Equipment, parts, options, upgrades sold as custom/specials that are designed/modified to Buyers specifications that are not part of ETEK Europes’ product offering, cannot be cancelled.   

Warranties

Warranties issued by ETEK Europe Ltd will be detailed and agreed under the terms of the quotation.

ETEK-Europe will abide by these warranty support agreements for the time period stated. Unless pre-agreed with the Seller, these warranties commence when the machine has been received by the Buyer – not upon completion of installation.

After the warranty time period has elapsed, The Seller will make every endeavour to assist the Buyer by acting as an intermediary with the OEM, to resolve outstanding issues.

Confidentiality

Information (such as proposals, drawings, diagrams, prices, specifications, materials, etc.) shall belong to ETEK-Europe Ltd.

Delivery

Unless otherwise stated, all shipments shall be ex-works ETEK Europe, Scotland UK. The buyer shall be responsible for payment of all federal, State, local taxes in their territory.

All delivery dates are estimated and are not guaranteed and do not form a term of this contract. The Seller undertakes to make every endeavour to adhere to the delivery schedule but will not accept cancellation of contract for, or liability for, any direct or indirect losses which may arise from late delivery.

Delivery of goods within ten (10) days of the scheduled delivery date shall constitute timely delivery by the Seller. The Seller accepts no responsibility for damage or loss of goods in transit. All deliveries will be via a courier chosen by the Seller. The buyer may opt to arrange an alternative carrier at their cost provided this is state d on their Purchase Order stating details of the carrier and service. The Buyer will  accept all liabilities arising from lost or damaged consignments

Spare Parts Delivery

Unless stated otherwise in the Quotation, all orders will be subject to a Standard Delivery charge. Faster deliveries than Standard next-day, deliveries to non mainland UK destinations and express deliveries of non-stocked items will be subject to higher delivery premiums. All deliveries will be via a courier chosen by the Seller.   The buyer may opt to arrange an alternative carrier at their cost provided this is state d on their Purchase Order stating details of the carrier and service. The Buyer will  accept all liabilities arising from lost or damaged consignments

Exclusions

ETEK Europe Ltd's obligation to provide the services hereunder is contingent upon the Buyer's proper use of the Equipment. ETEK Europe Ltd shall not be obligated to provide the services hereunder, if repair or adjustment is required because of repair, adjustment or modifications, were made or attempted by personnel other than authorized representatives of ETEK Europe Ltd; failure of the Buyer to provide suitable installation environment; use of computing equipment or operating systems which do not meet ETEK Europe Ltd’s compatibility specifications; misuse or accident including but not limited to unusual physical or electrical stress; improper programming or improper installation by Buyer;
relocation of the Equipment without ETEK Europes’ prior approval; damage caused by accessories, alterations, attachments or other devices neither furnished nor maintained by ETEK Europe Ltd;
failure of air conditioning, electrical power, or humidity control; Damages to equipment or injuries to personnel  because of a  failure of  the customer to follow/understand ETEK-Europe Ltd documentation;
a Force Majeure event; see below. A lack of adherence to the manufacturers recommended maintenance schedule.

If any service call is made by ETEK Europe Ltd as a result of the causes stated above, such call shall be Invoice in accordance with ETEK Europe Ltd’current service rates for labour and materials.
ETEK Europe Ltd shall not be required to maintain any alterations, attachments or accessories not supplied by ETEK Europe Ltd. If, in the sole opinion of ETEK Europe Ltd, such modifications adversely affect ETEK Europe Ltd’s ability to provide maintenance service for the Equipment, ETEK Europe Ltd reserves the right to immediately terminate this Agreement in its entirety.

Force Majeure

Seller shall not be liable for failure to fulfil its obligations herein or for delays in delivery due to causes beyond its reasonable control, including, but not limited to acts of God, natural disasters, acts or omissions of other parties, acts or omissions of civil or military authority, Government priorities, changes in law, material shortages, fire, strikes, floods, epidemics, quarantine restrictions, riots, war, acts of terrorism, delays in transportation or inability to obtain labour or materials through its regular sources. Seller's time for performance of any such obligation shall be extended for the time period of such delay or Seller may, at its option, cancel any order or remaining part thereof without liability by giving notice of such cancellation to Buyer.

Governing Law

Contracts shall be governed by Scottish Law and any dispute arising out of it , or in connection with it, shall be justifiable only in the Courts of Scotland.