Web shop payment by credit card sales terms - UK
“We/our/us” means Renishaw UK Sales Limited.
“You/your” means either:
(a) the person who places the order on the Website if that person is a sole trader; or
(b) the employer of the person who places the order on the Website if that person is acting in the course of employment.
“Affiliate” means any of our subsidiary undertakings or parent undertaking from time to time, and any subsidiary undertakings of such parent undertaking from time to time.
“Brexit” means the United Kingdom ceasing to be a member state of the European Union.
"Conditions" means these terms and conditions.
“Goods” means the goods that you have ordered and which we agree to sell to you from the Website.
"Software" means programs for computers and/or other devices whether provided on physical media or made available for download and whether included as part of or in connection with the Goods or specified separately in an order made through this website (but excluded any programs licensed to you by a third party).
"Website" means the www.renishaw.com/shop website for the United Kingdom.
2.1 When you place an order to purchase Goods or Software from our Website we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase Goods or Software which is accepted by us when we dispatch the Goods or any Software supplied on physical media to you or you are provided with a link to download any Software which is not supplied on physical media.
2.2 We may choose not to accept an order for any reason, in which case we will refund any money that you have already paid to us for that order or we may contact you to discuss a variation to the order (including without limitation any variation to the applicable value added tax or equivalent sales tax prevailing at the date of delivery).
3.1 If we accept your order, Goods and Software supplied on tangible media will normally be despatched within 1 working day subject to availability. We will use reasonable endeavours to meet delivery estimates but in no circumstances shall we be liable for non-delivery or late delivery.
3.2 Goods and Software supplied on tangible media will normally be despatched by Royal Mail standard delivery to the delivery address stated in your order. We will only deliver Goods to an address in the United Kingdom.
3.3 In respect of any Software made available for download, you will be provided with a link to download the Software following acceptance of your order.
3.4 We shall be entitled to deliver the Goods and Software in one or more instalments. If we have insufficient stock, we may cancel the affected instalment(s) without any liability and refund the relevant portion of any payment made in advance. In all cases where delivery is made in one or more instalments, each instalment shall be deemed to be made under a separate contract and cancellation of any instalment shall not void or affect contracts as to other instalments.
3.5 Risk in the Goods and any Software supplied on tangible media will pass to you upon receipt of the Goods or Software by you. Title in the Goods will pass to you on the later of (i) when the Goods leave our premises and (ii) when you have fully paid for them.
3.6 Except for property in any tangible media on which Software is supplied, no title shall pass to you in respect of Software which is licensed and not sold to you. The licence terms and conditions relating to Software are included within the Software and you will be asked to accept such terms and conditions before use.
3.7 If we are prevented, hindered or delayed in or from delivering the whole or part of any Goods or Software or performing the whole or any part of any material obligation under these Conditions because of Brexit or any cause which is not reasonably within our control, then we shall not be liable in any way and (i) the time for delivery or performance shall be extended by a period equal to that during which the cause preventing, hindering or delaying delivery or performance exists; (ii) where applicable, we shall deliver and you shall take and pay for such part of the Goods and Software as we are able to deliver in accordance with these Conditions; and (iii) you shall be liable for and shall pay any arising applicable customs charges, levies, tariffs or storage costs associated with delayed delivery or non-performance. If this Condition applies and as soon as reasonably practicable after delivery or performance is prevented, hindered or delayed, we will inform you and we will negotiate in good faith to attempt to agree an amendment to these Conditions to alleviate the cause of the delay or non-performance, and if no such amendment is made to the Conditions within 30 days, we may terminate the portion of the order affected without liability immediately and refund the relevant portion of any payment made in advance for the Goods or Software which cannot be delivered.
4. Defective Goods
4.1 You must inspect the Goods as soon as is reasonably practicable after delivery. We shall not be liable for any defect in the Goods unless written notice is given to us within 7 days of receipt by you of the Goods and the Goods are returned to us at your risk and expense.
4.2 Subject to Conditions 4.1 and 4.3 we will make good, by repair or, at our option, by the supply of a replacement, defects which under proper use appear in the Goods within a period of twelve (12) months after the Goods have been delivered and which arise solely from faulty materials or workmanship.
4.3 We are not liable for any defect if after delivery the Goods have been:
- 4.3.1 used for any purpose other than that for which they were designed;
- 4.3.2 installed, used or stored otherwise than in accordance with our instructions for use;
- 4.3.3 used with equipment for which the Goods are not intended;
- 4.3.4 damaged, misused, neglected, not properly cleaned and stored after use or had any of their identification marks or numbers altered or removed;
- 4.3.5 modified or altered in any way without our prior written authorisation; or
- 4.3.6 damaged as a result of use or operation after any defect in them has become apparent.
4.4 Our decision on all matters governed by this Condition 4 and in particular (but without limitation) as to the nature and cause of any defect or malfunction, shall be conclusive and binding on you.
4.5 Any defects in respect of Software shall be governed by the terms and conditions that are included with the Software and the provisions of this Condition 4 shall not apply.
5. Limitation of Liability
NOTE - THE FOLLOWING PROVISIONS SET OUT OUR ENTIRE FINANCIAL LIABILITY FOR ANY BREACH OF CONTRACT AND ANY REPRESENTATION OR NEGLIGENCE UNDER THE CONTRACT.
5.1 Except as expressly stated in Condition 4, all warranties, conditions and terms, whether express, implied, statutory or otherwise, are excluded to the fullest extent permitted by applicable law.
5.2 Nothing in these Conditions excludes or limits our liability for (a) fraud, (b) death or personal injury caused by our negligence, or (c) any other liability which cannot be excluded or limited by applicable law.
5.3 We are not liable for any delay or failure to comply with our obligations under these Conditions if the delay or failure arises from any cause which is beyond our reasonable control.
5.4 Subject to Conditions 5.1 to 5.3 above our total liability in contract, tort (including but not limited to negligence and breach of statutory duty), misrepresentation or otherwise arising in connection with any order for Goods is limited to £50,000. In addition, and subject to such total liability:
5.4.1 our liability for breach of obligations under Condition 4.2 is limited to the price of the relevant part of the Goods in question;
5.4.2 our liability for damage to tangible property is limited to making good or replacing damaged property;
5.4.3 we are not liable for any special, indirect or consequential loss or damage (including but not limited to loss of data, profits, business, goodwill or otherwise) or any claims of third parties; and
5.4.4 we are not liable for any claim unless full details of the claim have been given to us within one month of you becoming aware of the matters giving rise to the claim.
5.5 Where you resell the Goods by incorporation into your products you shall indemnify us against any third party claims arising out of defects in your products. This does not apply where the defect is caused by the Goods.
5.6 Our liability in relation to purchase of any licenses to Software shall be governed by the terms and conditions that are included with the Software and the provisions of this Condition 5 shall not apply.
6. Governing law and jurisdiction
These Conditions are governed by English law. You agree to submit to the exclusive jurisdiction of the English courts.
We may alter these Conditions at any time, but this shall not affect the Conditions accepted by you upon placing an order.
8. Export control
8.1 If you intend to export or re-export any Goods or Software after receipt from us (including deemed exports), you shall request and obtain all necessary licences for the use and/or export of said items.
8.2 In complying with applicable export controls we and our suppliers may need to seek an export licence and/or make a rating enquiry to the applicable government(s), which may delay a shipment. You agree that in such cases we are not liable for such delay.
9.1 We may at any time assign, transfer, subcontract, delegate in whole or in part to an Affiliate or deal in any other manner with any or all of our rights and obligations under these Conditions without your prior written consent.
9.2 If any of these Conditions are found to be invalid, unenforceable or illegal, the other provisions shall remain in full force and effect.
9.3 No failure or delay by us to exercise a right or remedy shall constitute a waiver.
9.4 These Conditions and the licence for the Software constitute the entire agreement between the parties and supersede all previous agreements and representations, whether written or oral, relating to its subject matter.