Orders are accepted subject to the Conditions of Sale set out below.
1. GENERAL. The "Company" means SMART PROCESS & CONTROL LTD. The "Contract" means the contract agreed between persons or a Company whose order is accepted by the Company. The "Customer" means the person placing the order in their own right or on behalf of a Company.
All quotations are written and all orders are accepted subject to the following terms and conditions. Variations and additions can only be accepted in writing.
2. PRICES. Prices exclude value added tax which will be added to each order at the current UK rate where applicable. Every effort will be made to adhere to prices published in £ Sterling but the Company reserves the right to change prices without notice at any time. Prices of imported goods may be subject to currency exchange fluctuations. Delivery charges will be at cost unless by prior agreement.
3. PAYMENT. Payment if by invoice must be within 30 days of receipt of goods unless otherwise agreed previously.
4. ORDERS. The Company reserves the right to refuse to supply any person or Company. Catalogues, price lists and other advertising matter are an indication of the goods offered and no particulars therein shall be binding on the Company. Responsibility for ensuring that Goods are suitable for a particular application is the Customer's unless stated in writing. To avoid duplication of verbal orders any confirmation by post, facsimile or e-mail must clearly indicate 'Confirmation only'. Cancellation or partial cancellation of orders for non standard, special build items can only be cancelled by prior negotiation and agreement to indemnify the Company against expense incurred.
5. INSPECTION, SHORTAGES, DEFECTS. The goods or services supplied must be inspected on receipt and written notice of any defects or discrepancies given within 7 days. Risk or damage to or loss of Goods will pass to the Customer when signed for on receipt from the appointed Courier. Software supplied must be checked for computer viruses before use.
6. LIABILITY. The Company shall not be liable for any 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 the negligence of the Company, its employees agents or subcontractors. These Conditions of Sale set out the entire liability of the Company to the Customer in respect of the Goods and shall be in lieu and to the exclusion of all other warranties, conditions, and other terms implied by statute or common law save for any implied terms which by law cannot be excluded. Nothing in these Conditions of Sale excludes or limits the liability of the Company for death or personal injury caused by the Company's negligence or fraudulent misrepresentation. The Company's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise shall be limited to repairing, replacing or at the Company's option refunding monies already paid in respect of the Goods. The Company shall not be liable to the Customer for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise) costs, expenses or other claims for consequential compensation whatsoever (whether caused by the negligence of the Company, its employees, agents or subcontractors) which arise out of or in connection with any Contract.
7. GUARANTEE. The Company will transfer to the Customer the benefit of any warranty or guarantee given by the Manufacturer
8. COURIER DELIVERY. Provided the Customer can prove late or non-delivery beyond the control of the Company then the Customers account will be credited with the delivery cost.
9. LEGAL CONSTRUCTION. All contracts shall be governed by and interpreted in accordance with English Law.
10. FORCE MAJEURE. If the Company is prevented from adhering to the contract due to reasons beyond control of the Company then the Company may delay or cancel the contract and shall not be responsible for the delay or inability to deliver. Every effort will be made to complete the contract but the Company shall not be held responsible for delay or inability to deliver.
11. RETURNS POLICY. We will accept returns for all items in original condition up to 7 days after receipt of delivery (subject to standard markings). If the product needs to be returned through no fault of Smart Process & Control LTD then a 25% handling charge will be applied to the overall order unless otherwise negotiated in writing with a member of staff. Software cannot be returned therefore will not be refunded.
12. Refunds. Refunds will be given within 14 days of receipt of returned goods. Faulty /incorrect items will only be replaced if Smart Process is informed within 7 days from receipt of delivery. Cost of carriage for the returns in error will be the sole responsibility of the buyer/customer. If order is cancelled and goods have not been dispatched payment will be refunded within 14 days direct to card issuer. If order is cancelled and goods have been dispatched please refer to the returns policy above.