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DEFINITIONS In these Conditions the following expressions shall have the following meanings: 1.1 “Buyer” means the person, firm or company with whom the Contract is made by the Company, whether directly or indirectly through an agent or factor who is acting for or instructed by or whose actions are ratified by such person firm or company; 1.2 “Company” means Elcometer Limited (company number: 01729726); 1.3 “Company’s Premises” means the premises mentioned in the Company’s quotation or other contractual document or if not so mentioned means the Company’s facilities at Edge Lane, Manchester, M43 6BU; 1.4 “Conditions” means the terms and conditions set out in this document; 1.5 “Contract” means the Company’s quotation for the sale or supply of the Goods and any document referred therein, these Conditions, the Company’s acknowledgement of the Buyer’s order for the Goods and the Buyer’s order for the Goods, and if there shall be any inconsistency between the documents comprising the Contract they shall have precedence in the order herein listed; 1.6 “Goods” means the articles or things or any of them described in the Contract; 1.7 “Order” means the Buyer’s purchase order form or the Buyer’s written acceptance of the Company’s quotation as the case may be; and 1.8 “Quotation” means an estimate of the cost of supply of the Goods given by the Company. 2. GENERAL 2.1 These Conditions alone shall govern and be incorporated in every Contract for the sale of Goods made by or on behalf of the Company. They shall apply in place of and prevail over any terms or conditions contained or referred to in any documentation submitted by the Buyer (including the Buyer’s terms and conditions of purchase), in correspondence or elsewhere, or implied by trade custom, practice or course of dealing. 2.2 Acceptance by the Buyer of delivery of the Goods shall be deemed to constitute unqualified acceptance of these Conditions. 2.3 A variation of these Conditions is valid only if it is in writing and signed by a director or authorised representative of the Company. 2.4 Each party shall comply with all laws, enactments, regulations, and all regulatory policies of any regulatory authority, in each case in whichever jurisdiction, in relation to sanctions or embargoes, in each case which are applicable to such party or which may be applicable to the sale, purchase, export or import of the Goods under the Contract (“Regulations”). 2.5 The Buyer shall not do any act or fail to do any act, which causes the Company to be in breach of the Regulations. 2.6 The Buyer shall not use Goods in relation to nuclear, biological or chemical weapons or for missiles capable of delivering such weapons, nor knowingly re-sell or otherwise provide (directly or indirectly) to third parties for use in relation to, or to re-sell to other parties for the use in relation to nuclear, biological or chemical weapons or for missiles capable of delivering such weapons. 2.7 The Company shall process any personal data you may provide in accordance with its privacy policy [Click Here]. The Buyer is responsible for advising any relevant individuals that their data has been shared with the Company and should direct them to this policy. The Buyer hereby acknowledges that personal data may be transferred outside the UK and the EEA as set out in the privacy policy. 3. ORDERS 3.1 Where the Company has issued a Quotation for the Goods to be provided by the Company prior to an Order being placed, that Quotation shall not constitute an offer. Any Quotation is given on the basis that no Contract shall come into existence until the Company despatches an Acknowledgement of Order (as defined below). The Company reserves the right to withdraw or revise a Quotation at any time prior to the Company’s acceptance of the Order. A Quotation shall only be valid for a period of 30 business days from its date of issue, unless withdrawn earlier by the Company. 3.2 Each Order or acceptance of a Quotation for Goods by the Buyer shall be deemed to be an offer by the Buyer to buy Goods subject to these Conditions. No Order shall be binding on the Company unless and until it has been accepted in writing by the Company. When the Order has been accepted by the Company, the Company will send to the Buyer an Acknowledgement of Order (“Acknowledgement of Order”). The Acknowledgement of Order will contain, amongst other things, the agreed price for the Goods and an estimated delivery date. 3.3 The Buyer shall ensure that the terms of its Order are complete and accurate. 3.4 Once an Order is accepted the Buyer may not vary or cancel an Order without a written request to obtain the Company’s prior written consent. If the Company, in its discretion, accepts a cancellation or variation, the Buyer shall pay the Company for all costs and expenses incurred by the Company in progressing the Order as at the time of cancellation. 4. DESCRIPTION OF GOODS 4.1 The quantity and description of the Goods shall be as set out in the Acknowledgement of Order. 4.2 Any representations about the Goods shall have no effect unless expressly agreed in writing and signed by a director or authorised representative of the Company. The Buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set out in the Contract. 4.3 All samples, drawings, designs, descriptive matter, specifications, particulars of weight and dimensions and advertising issued by the Company are issued to give an approximate idea of the Goods described in them. They shall not form part of the Contract and this is not a sale by sample. The Company accepts no responsibility for any errors, omissions or other defects in any drawings, designs or specifications not prepared by the Company. 4.4 It is the Buyer’s sole responsibility to ensure that the Goods are fit for purpose. The Company makes no representations or warranties that the Goods will be fit for any particular purpose. 5. PRICES 5.1 The price payable for Goods shall be the price set out in the Acknowledgement of Order, unless otherwise stated by the Company in writing and agreed on its behalf, and in the absence of either shall be the list price set out in the Company’s price list in force as at the date of despatch. 5.2 All prices are exclusive of Value Added Tax. This will be charged at the appropriate rate where applicable. 5.3 Unless otherwise agreed by the Company in writing the prices of the Goods are exclusive of the costs and charges of packaging, insurance and transport of the Goods, which shall be invoiced to the Buyer. 5.4 The Company may, by giving notice to the Buyer at any time up to 7 business days before delivery, increase or decrease the price of the Goods as stated in the Acknowledgement of Order to reflect any increase or decrease in the cost of the Goods that is due to (but not limited to) the following: 5.4.1 any factor beyond the Company’s control including but not limited to variations in wages, the cost of materials, exchange rate fluctuations, alterations of duties or tariffs and other costs since the date of the Company’s quotation or (if no quotation is issued) the Buyer’s Order; 5.4.2 any request by the Buyer to change the delivery date, quantities or types of Goods ordered, or the specification of those Goods; or 5.4.3 any delay caused by any instructions of the Buyer or failure of the Buyer to give the Customer adequate or accurate information or instructions. 6. TERMS OF PAYMENT 6.1 The Company may invoice the Buyer on or at any time after despatch of the Goods. 6.2 Unless otherwise stated by the Company in writing and recorded on the Acknowledgement of Order, payment shall be paid in pounds sterling within 30 days of the date of the invoice (“Payment Due Date”), save that payment shall become due in any event upon the occurrence of any of the events referred to in clause 12 (Termination) of these Conditions. 6.3 Time for payment of the invoice shall be of the essence of the Contract. No payment shall be deemed to have been received until the Company has received cleared funds. 6.4 The Buyer shall make all payments due under a Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Buyer has a valid court order requiring an amount equal to such deduction to be paid by the Company to the Buyer. The Company is entitled to offset any amount owing to it from the Buyer against any amount owed to the Buyer by the Company, under any Contract. 6.5 If the Buyer fails to make a payment due to the Company under the Contract by the Payment Due Date, then, without limiting the Company’s remedies under clause 12 (Termination), the Company reserves the right to charge the Buyer interest on the overdue sum from the Payment Due Date until payment of the overdue sum, whether before or after judgment. Interest under this clause 6.5 will accrue each day at 5% above the-then Current Base Rate of Lloyds Bank PLC from time to time but at 5% a year for any period when that base rate is 0%. 6.6 Any extension of credit allowed to the Buyer may be changed or withdrawn at any time and if, in the opinion of the Company, the credit-worthiness of the Buyer deteriorates before delivery of the Goods, the Company may require full or partial payment of the price prior to delivery or the provision of security for payment by the Buyer in a form acceptable to the Company. 7. DELIVERY 7.1 All times or dates given for delivery or despatch of the Goods (or estimated lead times) in any Quotation, Acknowledgement of Order or elsewhere are approximate only and not of any contractual effect. The Company is not liable to the Buyer for failure to deliver on a particular date or dates. Time for delivery should not be of the essence of the Contract and shall not be made so by service of any notice. If no delivery dates are specified, delivery shall be within a reasonable time. 7.2 Subject to the other provisions of these Conditions, the Company shall not be liable for any failure to deliver on a particular date nor shall any delay entitle the Buyer to terminate or rescind a Contract unless such delay exceeds 60 days. 7.3 Costs for delivery will be as notified by the Company to the Buyer in writing and delivery shall be at the delivery address specified on the Acknowledgement of Order unless otherwise agreed by the Company in writing. Delivery outside the UK shall be EXW (Incoterms 2010) (or as otherwise confirmed by the Company in writing). 7.4 If for any reason the Buyer refuses or fails to take delivery of any of the Goods when they are ready for delivery or fails to take any action necessary on its part for delivery of the Goods (for example, collection of the Goods by the Buyer’s carrier), the Company is entitled to terminate the Contract with immediate effect, to dispose of the Goods as the Company may determine and to recover from the Buyer any loss or additional costs incurred as a result of such refusal or failure (including storage costs from the due date of delivery). 7.5 The quantity of any consignment of Goods as recorded by the Company upon despatch from the Company’s premises shall be conclusive evidence of the quantity received by the Buyer on delivery unless the Buyer can provide conclusive evidence proving the contrary. 7.6 Where the Goods are handed to a carrier for carriage to the Buyer or the United Kingdom port for export any such carrier shall be deemed to be an agent of the Company and not of the Buyer for the purposes of Sections 44, 45, and 46 of the Sale of Goods Act 1979. 7.7 The Buyer agrees that Section 32(3) of the Sale of Goods Act 1979 shall not apply to Goods sent by the Company. 7.8 The Company accepts no liability for: 7.8.1 non-delivery of Goods; 7.8.2 loss of or damage of the Goods occurring prior to delivery; or 7.8.3 any claim that the Goods are not in accordance with the Contract unless claims to that effect are notified in writing by the Buyer to the Company (and in the case of claims for non-delivery loss or damage, with a copy to the carrier if the Company’s own vehicles have not been used to deliver the Goods) within (i) 10 days of delivery for loss damage or non-compliance with the Contract or (ii) 10 days of the date of the invoice for non-delivery. In the case of damage during transit or on delivery, the Buyer shall provide sufficient evidence of damage to the Company to enable the Company to investigate. 7.9 In the event of a valid claim (with evidence, where appropriate) for non-delivery, loss, damage or non-compliance with the Contract, the Company’s liability shall be limited to the costs and expenses incurred by the Buyer in, at its option, either repairing the Goods or obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. The Supplier shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Customer's failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods. 7.10 The Company reserves the right to deliver the Goods in instalments, which shall be invoiced and paid for separately. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment. 7.11 If the Buyer shall fail to give notice in accordance with clause 7.8 above the Goods shall be deemed to be in all respects in accordance with the Contract. Without prejudice to earlier acceptance by the Buyer it shall be bound to accept and pay for the same accordingly. 7.12 The Buyer shall meet the cost of any special packaging, or special or expedited delivery requested by the Buyer or any packaging rendered necessary by delivery by any means other than the Company’s normal means of packaging and delivery. The Buyer shall, unless otherwise agreed, be solely responsible for the disposal of all packaging in accordance with all regulations (whether statutory or otherwise) relating to the protection of the environment. 7.13 The Buyer shall inspect and test the Goods immediately upon receipt and in any event prior to applying any process to, using, amending, treating or otherwise changing the Goods. In the event that the Buyer fails to inspect and test the Goods in accordance with this clause 7.13 then, notwithstanding any other terms in these Conditions, the Company shall be under no liability to the Buyer in respect of any defect whatsoever in the Goods. The time periods for notifying the Company of any defects are as set out in clause 7.8. 8. RETURNS Goods supplied in accordance with the Contract cannot be returned without the Company’s prior written authorisation. Duly authorised returns shall be sent to the Company’s Premises at the Buyer’s expense. 9. PASSING OF TITLE AND RISK 9.1 The risk in the Goods shall pass to the Buyer on completion of delivery. 9.2 Title to the Goods shall not pass to the Buyer until: 9.2.1 the Company receives payment in full (in cash or cleared funds) for the Goods in respect of which payment has become due; and 9.2.2 if applicable, the Buyer resells the Goods, in which case title to the Goods shall pass to the Buyer at the time specified in clause 9.4. 9.3 Until title to the Goods has passed to the Buyer, the Buyer shall: 9.3.1 store the Goods separately from all other goods held by the Buyer so that they remain readily identifiable as the Company’s property; 9.3.2 not remove, deface or obscure any identifying mark or packaging on or relating to the Goods; 9.3.3 maintain the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery; 9.3.4 notify the Company immediately if it becomes subject to any of the events listed in clause 12; and 9.3.5 give the Company such information as the Company may reasonably require from time to time relating to: (i) the Goods; and (ii) the ongoing financial position of the Buyer. 9.4 Subject to clause 9.5, the Buyer may resell or use the Goods in the ordinary course of its business (but not otherwise) before the Company receives payment for the Goods. However, if the Buyer resells the Goods before that time: (i) it does so as principal and not as the Company’s agent; and (ii) title to the Goods shall pass from the Company to the Buyer immediately before the time at which resale by the Buyer occurs. 9.5 At any time before title to the Goods passes to the Buyer, the Company: (i) may by notice in writing, terminate the Buyer’s right under clause 9.4 to resell the Goods or use them in the ordinary course of its business; and (ii) require the Buyer to deliver up all Goods in its possession that have not been resold, or irrevocably incorporated into another product and if the Buyer fails to do so promptly, enter any premises of the Buyer or of any third party where the Goods are stored in order to recover them. 10. QUALITY 10.1 Subject to clauses 10.2 and 10.3, the Company warrants that on delivery, and for a period of 12 months from the date of delivery unless such other warranty period is agreed with the Company or an extended warranty is successfully applied for by the Buyer (“warranty period”), the Goods shall: (i) conform with their description and any applicable specification; and (ii) be free from material defects in design, material and workmanship. 10.2 Subject to clause 10.3, if: 10.2.1 the Buyer gives notice in writing to the Company during the warranty period within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 10.1; 10.2.2 the Company is given a reasonable opportunity of examining such Goods; and 10.2.3 the Buyer (if asked to do so by the Company) returns such Goods to the Company's place of business at the Buyer’s cost, the Company shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full. Where the Goods have been repaired or replaced, the Company will return them to the Buyer free of charge. This is the Buyer’s only remedy under the warranty. 10.3 The Company shall not be liable for the Goods' failure to comply with the warranty set out in clause 10.1 in any of the following events: 10.3.1 the Buyer makes any further use of such Goods after giving notice in accordance with clause 10.2; 10.3.2 the defect arises because the Buyer failed to follow the Company's oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Goods or (if there are none) good trade practice regarding the same or applying applications, equipment, processes or tolerances not agreed upon with the Company in writing; 10.3.3 the defect arises as a result of the Company following any drawing, design or specification supplied by the Buyer; 10.3.4 the Buyer alters or repairs such Goods without the written consent of the Company; 10.3.5 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal or incorrect storage or working conditions; or 10.3.6 the Goods differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements and the warranty in clause 10.1 does not extend to parts, materials or equipment not manufactured by the Company, in respect of which the Buyer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to the Company and which the Company hereby assigns to the Buyer only so far as it is able and provided that the Goods have been accepted and paid for. 10.4 Except as provided in this clause 10, the Company shall have no liability to the Buyer in respect of the Goods' failure to comply with the warranty set out in clause 10.1. 10.5 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract. 11. LIMITATION OF LIABILITY 11.1 The restrictions on liability in this clause 11 apply to every liability arising under or in connection with the Contract including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise. 11.2 Nothing in the Contract limits any liability which cannot legally be limited, including liability for: (i) death or personal injury caused by negligence; (ii) fraud or fraudulent misrepresentation; (iii) breach of the terms implied by section 12 of the Sale of Goods Act 1979; or (iv) defective products under the Consumer Protection Act 1987. 11.3 Subject to clause 11.2, the Company's total liability to the Buyer shall not exceed a sum equivalent to the price of the Goods that give rise to the liability. 11.4 Subject to clause 11.2, the following types of loss are wholly excluded: (i) loss of profits; (ii) loss of sales or business; (iii) loss of agreements or contracts; (iv) loss of anticipated savings; (v) loss of use or corruption of software, data or information; (vi) loss of or damage to goodwill; and (vii) indirect or consequential loss, howsoever caused. 11.5 This clause 11 shall survive termination or expiry of the Contract howsoever caused. 12. TERMINATION 12.1 The Company may terminate the Contract at any time by giving written notice to the Buyer if: or 12.1.1 the Buyer is in breach of clause 2.4, 2.5 or 2.6; 12.1.2 the Buyer is in material breach of an obligation under this Agreement and fails to remedy that breach within 7 days of being asked to remedy it by the Company; 12.1.3 the Company considers that performance of its obligations under the Contract will or may cause the Company, its officers or employees or any subsidiary of the Company, to breach any Regulation; 12.1.4 the Buyer passing a resolution for its winding up or a court of competent jurisdiction making an order for the Buyer’s winding up or dissolution; 12.1.5 the making of an administrative order in relation to the Buyer or the appointment of a receiver over, or an encumbrancer taking possession of or selling, an asset of the Buyer; 12.1.6 the Buyer making an arrangement or composition with its creditors generally or making an application to a court of competent jurisdiction for protection from its creditors generally; or 12.1.7 the Buyer becoming unable to pay its debts when they fall due. 12.2 Upon termination of a Contract pursuant to clause 12.1 any indebtedness of the Buyer to the Company becomes immediately due and payable and the Company is relieved of any further obligation to supply Goods to the Buyer pursuant to that Contract. 13. INTELLECTUAL PROPERTY RIGHTS 13.1 All right, title and interest in and to any patents, trade marks, designs, applications for any of those rights, trade and business names, copyrights, know-how, rights in designs and inventions, rights in databases and any other similar rights (“Intellectual Property Rights”) created by or on behalf of the Company during the design, manufacture and supply of the Goods and all renewals and extensions thereof shall be the property of and vest in the Company (unless otherwise agreed in writing), and the Buyer assigns, including by way of present assignment of future rights, such Intellectual Property Rights to the Company with full title guarantee and free from all encumbrances and other rights of whatever nature exercisable by any third party, together with the right to take action for any past, present and future damages and other remedies in respect of any infringement or alleged infringement of such Intellectual Property Rights. The Buyer waives any moral rights in relation to the Intellectual Property Rights. 13.2 All right, title and interest in and to any Intellectual Property Rights owned by or licensed to a party prior to the Contract is and shall remain the exclusive property of the party owning it (or, where applicable, the third party from whom it’s right to use such Intellectual Property Rights has derived). 14. LIABILITY TO THIRD PARTIES 14.1 The Buyer shall indemnify the Company against all losses, liabilities, costs, expenses and damages which the Company incurs as a result of the carrying out of any work required to be done on or to the Goods in accordance with the requirements or specifications of the Buyer involving any infringement of the rights of any third party (including infringement of Intellectual Property Rights). 14.2 The Buyer shall notify the Company immediately of any claim made or action brought or threatened alleging infringement of the rights of any third party. The Company shall have control over and conduct any such proceedings in such manner as it shall determine. The Buyer shall provide all such reasonable assistance as the Company may request. The cost of any such proceedings shall be borne in such proportions as the parties shall determine. 15. REPRESENTATIONS No statement, description, information, warranty, condition or recommendation contained in any website, catalogue, price list, advertisement or communication, or made verbally by any of the agents, distributors or employees of the Company shall be construed to enlarge, vary or override in any way any of these conditions. 16. FORCE MAJEURE 16.1 The Company shall not be in breach of the Contract nor liable for its delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure results from or is otherwise connected to events, circumstances or causes beyond its reasonable control. In such circumstances the Company shall be entitled to: (i) a reasonable extension of the time for performing such obligations; (ii) reduce the amount of Goods delivered; or (iii) cancel the Contract immediately by giving written notice to the Buyer, if it is prevented from, hindered from or delayed in manufacturing, obtaining or delivering the Goods by normal route or means of delivery. 16.2 For the purposes of this clause 16, circumstances beyond the Company’s reasonable control include but are not limited to: strikes, terrorist attack, civil war, civil commotion or riots, threat of or preparation for war, armed conflict, pandemics or epidemics (including any impact of the Covid-19 pandemic), imposition of sanctions and/or embargo (including impacts of BREXIT), or breaking off of diplomatic relations, any law or any action taken by a government or public authority (including without limitation those laws and guidelines introduced by the Covid-19 pandemic, imposing an export or import restriction, quota or prohibition, or failing to grant a necessary licence or consent to either party), lock-outs, accidents, war, fire, reduction in or unavailability of power at manufacturing plant, breakdown of plant or machinery or shortage or unavailability of raw materials from normal source of supply (a Force Majeure Event). 17. GENERAL 17.1 In these Conditions: 17.1.1 headings are for identification and indexing purposes only and they shall not affect the construction or interpretation of these Conditions; 17.1.2 words importing the singular meaning shall include the plural meaning and vice versa; 17.1.3 references to a person shall include natural persons, corporate or unincorporated bodies (whether or not having separate legal personality) and that person’s legal and personal representatives, successors and permitted assigns and references to a party shall mean either the Company or the Buyer as the context requires and parties shall mean both of them; and 17.1.4 the word including, include, includes and for example will be construed without limitation unless inconsistent with the context and business days are all days other than Saturdays, Sundays or English public holidays. 17.2 The Company may at its discretion sub-contract any of its obligations under this Agreement to any person. 17.3 Unless otherwise stated in these Conditions, a Contract (and any documents referred to in it) constitutes the entire understanding between the parties in relation to its subject matter and supersedes all prior representations, communications, negotiations and understandings concerning the subject matter of the Contract. No party has relied on any warranty or representation except as expressly set out in the Contract. 17.4 The Buyer may not assign or transfer or purport to assign or transfer any of its rights or obligations under a Contract without first having obtained the Company’s written consent. The Company may assign a Contract or any part of it to any person. 17.5 If any clause of a Contract, (or part of a clause), is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other clauses shall remain in force. 17.6 If any invalid, unenforceable or illegal clause of a Contract would be valid, enforceable or legal if some part of it were deleted, the clause shall apply with whatever modification is necessary to give effect to the commercial intention of the parties. 17.7 Nothing in a Contract is intended to confer on any person any right to enforce any clause of a Contract which that person would not have had but for the Contracts (Rights of Third Parties) Act 1999. 17.8 The failure by the Company to exercise or delay by the Company in exercising any right, power or remedy provided by a Contract or by law does not constitute a waiver of such right, power or remedy or a waiver of any other rights, powers or remedies. No single or partial exercise of a right, power or remedy provided by a Contract shall prevent any further exercise of the right, power or remedy or the exercise of another right, power or remedy. 17.9 Each right or remedy of the Company under a Contract is without prejudice to any other right or remedy of the Company whether under the Contract or not. 17.10 A Contract is governed by, and shall be construed in accordance with, the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to hear and decide any suit, action or proceedings, and to settle any disputes, which may arise out of or in connection with a Contract. 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