Terms and Conditions

The Terms and Conditions of Use of www.e6cvd.com/uk

 

This page (together with the documents referred to on it) sets out the terms of use on which you may make use of our website http://e6cvd.com/uk/ (our site), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.


INFORMATION ABOUT US

http://e6cvd.com/uk/ is a site operated by Element Six Technologies Limited (we). We are a limited liability company registered in England and Wales under company number 08206603, and having our registered office at Global Innovation Centre, Fermi Avenue, Harwell, Didcot, Oxford, Oxfordshire, OX11 0QR, UK. Our VAT number is GB 156 343 706. Our main trading address (and contact address) is Element Six, Kings Ride Park, Ascot, Berkshire, SL5 8BP, UK.


ACCESSING OUR SITE

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms and that they comply with them.


INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our site and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.


RELIANCE ON INFORMATION POSTED

Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.


OUR SITE CHANGES REGULARLY

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.


OUR LIABILITY

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. So far as we are lawfully able, we, other members of our group of companies and third parties connected to us hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by law.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the use, inability to use, results of the use of, or reliance on our site, any websites linked to it and any materials posted on it including, without limitation any liability for any:

 

  • loss of income or revenue;
  • loss of business or business opportunity;
  • loss of profits or contracts;
  • loss of anticipated savings;
  • loss of data;
  • loss of goodwill or reputation;
  • wasted management or office time; and/or
  • other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

If you are a business user, please note in particular that we will also not be liable for any indirect or consequential loss or damage of any kind.

If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes and that our liability to you is limited as set out above.

Nothing in these terms excludes or limits our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.


INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

We process information about you in accordance with our Privacy Policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

Our site uses cookies to distinguish you from other users of our site and improve your browsing experience. If you continue to use our site, we will assume that you are happy to receive cookies on our site. You can change your browser's cookie setting at any time. To find out more about how we use cookies and how to manage your browser settings, please read our Cookie Policy. Your acceptance of our Cookie Policy is not required for your continued use of our site.


TRANSACTIONS CONCLUDED THROUGH OUR SITE

Contracts for the supply of goods formed through our site or as a result of visits made by you are governed by our Terms and Conditions of Sale for http://e6cvd.com/uk/.


VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.


LINKS FROM OUR SITE

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only and should not be interpreted as endorsement by us of those linked sites. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.


APPLICABLE LAW AND JURISDICTION

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. If you are a consumer resident in Northern Ireland, you may also bring proceedings in Northern Ireland, and if you are a consumer resident in Scotland, you may also bring proceedings in Scotland.


TRADE MARKS

"Element Six" and any trademarks relating to the products sold via our site are registered trademarks of Element Six Limited or our other group companies.


VARIATIONS

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we may have made as these terms and any such changes will be binding on you in respect of your use of our site. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site. If you do not agree to any changes we make to these terms, please refrain from using our site. If any part of these terms of use is held to be unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.


CONTACT

If you have any concerns about material which appears on our site, please contact technologies@e6.com.

Thank you for visiting our site.

 

 

 

For purchases from Element Six Technologies Limited the following terms apply:

 

This page (together with the documents referred to on it) sets out the terms and conditions on which we supply any of the products ("Products") listed on our website http://e6cvd.com/uk/ ("the website" or "our site") to you ("the Buyer" or "you"). Please read these terms and conditions carefully before ordering any Products from our site. You should understand that, by ordering any of our Products, you agree to be bound by these terms and conditions.

 

Please note that, where so specified in these terms and conditions, certain terms and conditions apply only to where you act as a consumer, by not placing your order wholly or mainly in the course of a trade, business, craft or profession (referred to as a "consumer"), and other terms and conditions apply to where you act as a business, by placing your order wholly or mainly in the course of a trade, business, craft or profession (referred to as a "business"). The remainder of these terms and conditions apply to you regardless of whether you are a consumer or a business.


You should print a copy of these terms and conditions for future reference. These terms and conditions are only in the English language.


Please tick the button marked "I have read and accept the Element Six Terms and Conditions of Sale" (or similar wording) if you accept these terms and conditions. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.



1. Scope 

 

In these conditions the “Seller” means Element Six Technologies Limited whose registered office is at Global Innovation Centre, Fermi Avenue, Harwell Campus, Didcot, Oxfordshire OX11 0QR. The Seller is a member of the Element Six group of companies (the “Group”) and the Seller may perform any of its obligations or exercise any of its rights hereunder by itself or through any other member of the Group. The “Buyer” means the person or entity whose order for goods is accepted by the Seller.  The following terms apply to all, including future, sale of goods, as far as not modified or excluded by the Seller’s express written agreement.  These terms are accepted by the Buyer when placing an order with the Seller.  Any terms and conditions contained in the documentation of the Buyer, including but not limited to the Purchase Order, shall not be binding on the Seller.  This applies despite knowledge by the Seller of existing contradictory terms and conditions 

 

2. Basis of Sale 

2.1 The Seller shall sell and the Buyer shall purchase the goods by written order of the Buyer which is accepted by the Seller, in the form of an Order Confirmation.

 

2.2 The Seller’s employees or agents are not authorised to make any representations concerning the goods, unless confirmed by the Seller in writing.  In entering into the Contract the Buyer acknowledges that it does not rely on, and waives any claim for breach of any such representations which are not so confirmed.

 

2.3 Any advice or recommendation given by the Seller or its employees or agents to the Buyer including any advice as to the storage, application or use of the goods, which is not confirmed in writing by the Seller, is followed or acted upon entirely at the Buyer’s own risk, and accordingly, the Seller shall not be liable for any such advice or recommendation which is not so confirmeds.

 

2.4 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.

 

3. Order and Specifications 

3.1. The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order, including any applicable specification, submitted by the Buyer, and for giving the Seller any necessary information relating to the goods within a sufficient time to enable the Seller to perform the Contract in accordance with its terms.

 

3.2 If the goods are to be manufactured or any process is to be applied to the goods by the Seller in accordance with a specification submitted by the Buyer, the Buyer shall indemnify the Seller against all loss, damages, costs and expenses awarded against or incurred by the Seller in connection with or paid or agreed to be paid by the Seller in settlement of any claim for infringement of any patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person which results from the Seller’s use of the Buyer’s specification.

 

3.3 No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in writing of the Seller. For the avoidance of doubt, in respect of any Order cancelled in accordance with this clause, Buyer shall be responsible and liable for, and Seller may invoice the Buyer for, all and any costs incurred by Seller in respect of that Order.

 

 

4. Price of the Goods 

4.1 The price of the goods shall be the Seller’s quoted price or, where no price has been quoted (or a quoted price is no longer valid), the price listed in the Seller’s standard price list (the “List Price”) current at the date of acceptance of the order.  This price shall be quoted on the Order Confirmation accepting the Buyer’s order.

 

4.2 Except as otherwise stated under the terms of any quotation and unless otherwise agreed in writing between the Buyer and the Seller, all prices are given by the Seller on an ex works basis.

 

4.3 The price is exclusive of any applicable value added tax, which the Buyer may be additionally liable to pay to the Seller, as well as any freight or insurance costs incurred on delivery. Customs duties, clearance charges or equivalent duties shall be for the account of the Buyer.

 

4.4 While the Seller will try to ensure that the price stated in the Order Confirmation is accurate, errors may occur.  If the Seller discovers an error in the price of the goods which the Buyer has ordered, the Seller will inform the Buyer as soon as possible.  The Buyer may cancel its order within two working days of being informed of an increase in the price of the goods from the price that was indicated on the Order Confirmation.  If the Buyer does not exercise this right of cancellation within two working days, the Buyer shall be bound by the new price.



5. Terms of Payment

5.1 The Seller shall be entitled to invoice the Buyer for the price of the goods on or at any time after delivery of the goods, unless the Buyer wrongfully refuses to take delivery of the goods, in which event the Seller shall be entitled to invoice the Buyer at any time after the Seller has tendered delivery of the goods.

 

5.2 The Buyer shall pay the price of the goods purchased in full within an agreed number of days of the date of the Seller’s invoice, notwithstanding that delivery may not have taken place and the property in the goods has not passed to the Buyer. The time of payment of the price shall be of the essence of the Contract.

 

5.3 Payment shall be made in United States dollars or such currency as may be agreed by the Parties.

 

5.4 If the Buyer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to:

5.4.1 cancel the contract or suspend any further deliveries to the Buyer;

 

5.4.2 appropriate any payment made by the Buyer to such of the Goods as the Seller may think fit;  and

 

5.4.3 charge the Buyer interest (both before and after any judgment) on the amount unpaid at the rate of 2 percent per annum above LIBOR (London Inter-Bank Offer Rate) from time to time, until payment in full is made.

5.5 Notwithstanding any other term or condition herein and in particular notwithstanding any period of credit extended to the Buyer under any agreement made pursuant to clause 5.2 herein, where the balance on the Buyer’s account with the Seller (being the value of invoices charged to the Buyer for which the Seller has not received payment) equals or exceeds the Buyer’s agreed credit limit, the Seller may, in its sole discretion, refuse to accept further orders from the Buyer or refuse to make further shipments or sales to the Buyer. Further the Seller may, in its sole discretion, refuse to accept orders from the Buyer or make sales to the Buyer where the value of the Goods ordered by the Buyer, would, if invoiced to the Buyer’s account, cause the balance on the said account to equal or exceed the said credit limit.  Any decision made by the Seller in the exercise of its sole discretion as provided for in this sub-clause shall not, and shall not be deemed to, prejudice, limit, hamper or affect any subsequent exercise by the Seller of its sole discretion.

6. Delivery  

6.1 Any claim for shortage in delivery must be notified to the Seller in writing within 3 days of the date of receipt of the Goods by the Buyer.

 

6.2 Any dates quoted for delivery of the goods are approximate only and the Seller shall not be liable for any delay in delivery of the Goods howsoever caused.  The goods may be delivered by the Seller in advance of the quoted delivery date upon giving reasonable notice to the Buyer.  Time for delivery shall not be of the essence unless previously agreed by the Seller in writing.

 

6.3 Where the goods are to be delivered in installments, each delivery shall constitute a separate contract and failure by the Seller to deliver any one or more of the installments in accordance with these Conditions or any claim by the Buyer in respect of any one or more installments shall not entitle the Buyer to treat the Contract as a whole as repudiated

 

6.4 In the case of Products to be delivered otherwise than at the Seller's premises, at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Products, the time when the Seller has tendered delivery of the Products.

 

7. Risk and Property 

 

7.1 Risk of damage to or loss of the Goods shall pass to the Buyer:

7.1.1n the case of goods to be delivered to the Buyer at the Seller’s place of business or delivered to a carrier at the Seller’s place of business, at the time when the Seller notifies the Buyer that the Goods are available for collection or that the goods have been dispatched with a carrier;  or

 

7.1.2in the case of goods to be delivered otherwise than at the Seller’s premises, at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, the time when the Seller has tendered delivery of the goods.

 

7.1.3 charge the Buyer interest (both before and after any judgment) on the amount unpaid at the rate of 2 percent per annum above LIBOR (London Inter-Bank Offer Rate) from time to time, until payment in full is made.

7.2 Notwithstanding delivery and the passing of risk in the goods, or any other provision of these Conditions, the property in the goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the goods and all other goods agreed to be sold by the Seller to the Buyer for which payment is then due.  Until such time as the property or the goods passes to the Buyer, the Buyer shall hold the goods as the Seller’s fiduciary agent and bailee and shall keep the goods separate from the goods of the Buyer and third parties, and shall keep the Seller’s goods properly stored, protected and insured and identified on the Buyer’s property, but shall be entitled to use the goods in the ordinary course of business.  The Buyer hereby irrevocably authorises the Seller or its representatives to enter upon the Buyer’s premises where the goods are stored, or are thought to be stored, for the purpose of repossessing them and, if the Seller so chooses, subsequently reselling them.

 

8. Warranties and Liabilities 

8.1 Subject as expressly provided in these Conditions, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

 

8.2 Any claim by the Buyer which is based on any defect in the quality or condition of the goods or their failure to correspond with specification shall (whether or not delivery is refused by the Buyer) be notified to the Seller within 7 days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within 7 days after discovery of the defect or failure.  If delivery is not refused and the Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the goods and the Seller shall have no liability for such defect or failure and the Buyer shall be bound to pay the price of the goods as if the goods had been delivered in accordance with the contract.

 

8.3 Where any valid claim in respect of any of the goods which is based on any defect in the quality or condition of the goods or their failure to meet Seller specification is notified to the Seller in accordance with these Conditions, the Seller shall be entitled to replace the goods (or the part in question) free of charge for the replacing items or, at the Seller’s sole discretion, refund to the Buyer the price of the goods (or a proportionate part of the price), but the Seller shall have no further liability to the Buyer.

 

8.4 The Seller is liable only for defects which appear under the conditions of operation provided for in the contract and under the proper use of the goods.

 

8.5 Except in respect of death or personal injury caused by the Seller’s negligence, the Seller shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer, except as expressly provided in these Conditions.

 

8.6 Neither party shall be liable or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the obligations in relation to the goods, if the delay or failure was due to any cause beyond their reasonable control, including, but not limited to any Act of God, explosion, fire, acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority, war, civil commotion, insurrection, international sanctions or boycotts, import or export regulations or embargoes, difficulties in obtaining raw materials, labour, fuel, parts or machinery, power failure or breakdown in machinery, labour disputes of whatever nature whether involving employees of the Seller or Buyer or of any third party

 



9.Cancellations

9.1 If the Buyer makes any voluntary arrangement with its creditors, becomes subject to an administration, or goes into liquidation, or if an encumbrancer takes possession of assets or a receiver is appointed; or if the Buyer ceases to, or threatens to cease to, carry on business; or the Seller takes the reasonable view that any of the events mentioned above is likely to occur and notifies the Buyer accordingly, then without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the contract without any liability to the Buyer, and if goods have been delivered but not paid for, they shall become due and payable immediately.

 

9.2 If the Buyer and the Seller agree to the sale and purchase of a product, which is not supplied under the Seller’s existing product range but is outlined in the Buyer’s specifications, then the Seller shall be entitled to cancel the contract without any liability whatsoever to the Buyer if the Seller is unable to manufacture the requested product in accordance with the supplied specification.

 

10. General

10.1 The subject matter of the Contract between the Parties shall be treated as confidential by the Buyer and shall not be disclosed or used other than by the Buyer in performing under this Contract.

 

10.2 The Buyer shall be responsible for complying with any legislation or regulations governing the importation of the goods into the country of destination and for the payment of any duties thereon.

10.3 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.

 

10.4 No waiver by the Seller of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.

 

10.5 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.



10.6 Any dispute arising out of, under or in connection with these Conditions or the sale of the goods shall be referred to and settled exclusively by final and binding arbitration under the Rules of Conciliation and Arbitration of the International Chamber of Commerce, by a single arbitrator appointed by agreement or (in default) nominated, on the application of either party, by the President for the time being of the Law Society of England. The place of arbitration shall be London.

10.7 The Contract and the rights and obligations of the parties hereunder shall be governed by and construed in accordance with the laws of England..