|
1.0 Sale of goods, services
and supplied software are made according to the following
conditions:
1.1 Definitions
Buyer: Means the
person or company that accepts the quotation of the
seller for the sale of goods.
Goods: means the
goods, including any parts for them, or services for
their installation, which the seller is to supply in
accordance with these terms and conditions of sale.
Seller: Precision
Test Systems Ltd. Registered in the UK, registration
number 4177141.
2.0 Warranties and
limitation of warranty
2.1 Seller
warrants that the goods sold shall remain free from
defects in workmanship and material for one year. This
may be extended to three years under special
circumstances, when given in writing, by the seller.
2.2 The warranty
only applies if the goods are used in accordance with
the sellers’ instructions.
2.3 The warranty
only extends to the repair or replacement of defective
goods. Sellers’ liability shall not exceed the goods
sale price. Seller shall determine whether goods are
repaired or replaced. All transport charges for any
warranty repairs shall be borne by the buyer.
2.4 Software. Any
software supplied by the seller is used by the buyer at
the buyers’ risk. No warranty is made by the seller that
the software will work on every computer, or that it is
virus free. However, the seller will do all in its power
to remedy any buyer problems.
2.5 The warranty
only applies to the goods sold by the seller. No
consequential damages will be paid by Precision Test
Systems.
2.6 Disclaimer of
warranty. The seller disclaims all other warranties,
representations that are expressed, implied, statutory
or otherwise.
2.7 Any occurrence
of fire, theft, explosion, riot, strike or any other act
of god will not constitute any grounds for warranty
claims by the buyer.
3.0 Terms
3.1 Unless
otherwise stated, all sales shall be cash in advance of
delivery. If terms are granted by the seller to the
buyer, terms are 30 days net. If payment is made late,
any warranties will automatically be forfeited. Interest
at the rate of 2% per month may be charged on any
outstanding account.
3.2 Taxes
All prices quoted
are free of VAT, GST or any other tax, including customs
charges.
3.3 Delivery Dates
All delivery dates
are approximate. The seller will do its best to deliver
goods on time, but will not incur any liability if
delivery is late for any reason. Seller reserves the
right to deliver in part shipments.
3.4 Shipment Risk
of Loss
The buyer is
liable for any risk or damage to the goods once it
leaves the sellers premises. Therefore, the seller is
encouraged to take out insurance to cover them for this
loss.
3.5 Retention of
Tile
The goods only
become the property of the seller when the account is
paid in full, for the goods.
3.6 Rejection of
Goods by Buyer
The buyer may not
reject any goods unless any non-conformity is
substantial. Any non-conformity in one part of a
shipment shall not constitute the right of the buyer to
reject the whole batch. No rejections can be made by the
buyer, for any reason, if the goods are especially
designed for the buyer. Therefore any special designs
are for the entire risk of the buyer.
4.0 Order
Acceptance and cancellation
The buyer
automatically accepts these terms and conditions of sale
once an order is placed with the seller. All orders
received by the seller, whether verbal or written are
based on the sellers’ quotation or latest price list and
to all parts of this agreement. A cancellation fee may
apply if an order is cancelled within five days of it
being placed. No cancellation is allowed after five days
unless confirmed in writing by the seller. Any goods
especially designed by the seller for the buyer
(specials) cannot be cancelled for any reason.
5.0 Buyer
Insolvency
In the event of
the buyers’ insolvency, the seller reserves the right to
cancel any contracts, and recover any unpaid goods.
6.0 General
Provisions and Assumptions
6.1 The buyer is
not able to transfer the rights of this agreement to any
other entity without the written permission of the
seller.
6.2 Paragraph
headings are used for convenience only. They are not
intended to alter or affect the meaning of this
agreement.
6.3 The invalidity
of any one part of this agreement shall not affect the
invalidity of the whole agreement.
6.4 Communication
between the seller and the buyer shall be by post,
facsimile or email. Any such notice given by the seller
is deemed to have been received by the buyer within
three days of it being sent, unless a rejection notice
is received by the seller. No communication sent to the
seller is deemed to have been received unless the seller
acknowledges receipt, either by post, email or
facsimile.
6.5 The seller,
under its discretion, may relax any part of this
agreement. However, any relaxation does not mean any
other part of the agreement is relaxed.
6.6 This entire
agreement is subject to the laws of the United Kingdom
only.
Precision Test
Systems manufacturers Frequency Standards, Distribution
amplifiers,
Frequency
Counters, Spectrum Analyzers, Field Strength Meters,
Signal Generators and
other types of electronic test
and measurement equipment.
7.0
SOFTWARE
LICENSE AGREEMENT
The copyright in
the information stored on any supplied Disk ('the
Software') is owned by Precision Test Systems Ltd ('the
Owner'). You may not load the Software into any computer
or copy it without the license of the owner.
When software is
supplied by Precision Test Systems, it is offered to the
end user as a non-exclusive license as per the terms of
this Agreement.
7.1. License
You are permitted
to load the Software and use it on a computer, which is
owned by you at your premises.
7.2 You are not
permitted:
to sell, rent,
lease, sub-license, loan, copy, modify, adapt, merge,
translate, reverse engineer, decompile, disassemble or
create derivative works based on the whole or any part
of he Software or its associated documentation;
Except as
expressly provided in this agreement, to use, reproduce
or deal in the Software in any way.
7.3. Acceptance
You shall be
deemed to have accepted the terms of this agreement by
loading the Software into any computer.
7.4. Term
This license is
effective until you terminate it by destroying the
Software and its documentation together with all copies.
It will also terminate if you fail to abide by this
Agreement. Upon termination you agree to destroy all
copies of the Software and its documentation including
any Software stored on the hard disk of any computer
under your control.
7.5. Ownership
You only own the
Disk (or authorized replacement) on which the Software
is recorded. You may retain the disk on termination
provided the Software has been erased. The Owner shall
at all times retain ownership of the Software as
recorded on the original Disk and all subsequent copies
thereof regardless of form. This Agreement applies to
the grant of the license only and not to the contract of
sale of the Disk.
7.6. Use
You may only use
the Software for purposes of your own business.
7.7. Assignment
Your rights and
obligations set out in this license may not be assigned
or delegated without the Owner's prior written consent.
7.8 Liability
Whilst the Owner
has taken reasonable steps to ensure the correct
operation of the software, the Owner does not warrant
that the Software or any information contained in or
shown by the Software will meet your requirements or be
error-free or that the operation of the Software will be
uninterrupted or error-free or that defects in the
Software will be corrected. You shall load and use the
Software at your own risk and in no event will the Owner
be liable to you for any loss or damage of any kind
including loss of profits or other consequential loss
arising your use of or inability to use the Software or
from errors or deficiencies in it whether caused by
negligence or otherwise or arising from any use of the
Software in conjunction with any other software program.
7.9 Responsibility
It is your
responsibility to check the Software to your
satisfaction against the presence of computer viruses.
Whilst the Owner has taken precautions to avoid the
incorporation of any such virus, it is strongly
recommended that you check the Software with appropriate
high-quality virus-checking materials. The Owner accepts
no responsibility for any loss, damage or expense of any
kind arising from the presence of any such virus.
7.10 The express
terms of this Agreement are in lieu of all warranties,
conditions, undertakings, terms and obligations implied
by statue, common law, trade usage, course of dealing or
otherwise, all of which are hereby excluded to the
fullest extent permitted by law.
|