Terms & Conditions of Sale

General

1(a) - All contracts between Scales4Industry and the purchaser shall be subject to the following conditions of sale, which shall constitute all the terms of the contract between Scales4Industry and the Purchaser.

1(b) - These conditions shall supersede any earlier terms and conditions employed by Scales4Industry.

1(c) - Unless expressly agreed by Scales4Industry in writing, these conditions shall override any standard or other terms or other conditions stipulated, incorporated or referred to by the Purchase in negotiations or elsewhere.

1(d) - No variation or vaiver or addition to these conditions shall be effective unless confirmed in writing by Scales4Industry.

1(e) - When placing an order on Scales4Industry's website to purchase a product we will send an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we send e-mail confirmation to you that we have dispatched that product to you (the "Dispatch Confirmation E-Mail"). That acceptance will be complete at the time we send the dispatch confirmation e-mail to you. Any products on the same order, which we have not confirmed in a despatch confirmation e-mail to be despatched, do not form part of that contact.

Pricing and Availability

2(a) - All prices are including delivery to the UK mainland for delivery to the rest of the world please refer to our section on Delivery.

2(b) - Unless otherwise indicated in writing all prices are exclusive of all taxes, (including but not limited to VAT) and of all duties, levies and other charges all of which, where applicable, will be separately charged at the appropriate rates.

2(c) - In view of Scales4Industry's policy of continuous product improvement alterations in design and construction may be made by Scales4Industry without prior notice.

2(d) - We list availability information for products sold by us on this website, included on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, we will inform you by e-mail if any products you order turn out to be unavailable.

Payment

3(a) - Time for payment will be at the point of ordering the goods from Scales4Industry web site and only when authorization of payment has been received will the goods be despatched.

3(b) - Scales4Industry have a strict policy in the use of Bank recognised security clearing houses for all payment methods.

Delivery

4(a) - Whilst Scales4Industry will use all reasonable endeavours to deliver or despatch goods within the time stated, any time stated is an estimate only and the Purchaser shall be bound to accept goods when available. Scales4Industry shall not be liable for any loss or damage of any kind and howsoever arising caused by failure to deliver or despatch within the time stated.

4(b) - Should Scales4Industry be unable to make any delivery at the time provided therefore or perform it's obligations hereunder by reason of strike, lock-out, trade dispute, breakdown of plant, fire, accident, weather conditions, hostilities (whether or not war is declared), prohibition of export, shortage of labour, materials, power or transport, government order, act of God, or any cause whatsoever beyond the control of Scales4Industry delivery may be wholly or partly suspended and the period of delivery shall be extended by the period during which those conditions continue. If the said period exceeds three months Scales4Industry shall have the right to determine the contract without prejudice to rights accrued in respect of deliveries already made or any other rights acquired under the contract.

4(c) - Scales4Industry shall be deemed to have delivered the goods either when the goods are despatched from Scales4Industry warehouse. After delivery the goods shall be at the purchasers risk in respect of all loss, damage or injury arising from any cause whatsoever.

4(d) - In a case where at the Purchasers cost Scales4Industry concludes the contract of carriage and arranged for insurance of the goods for transit from Scales4Industry shall be deemed to be acting solely as agent for the Purchaser and sub-section 2 and 3 of section 32 of the Sales of Goods Act 1979 shall not be applicable.

4(e) - If goods are, upon delivery to the UK mainland only, found to be damaged then Scales4Industry shall not in any event be liable unless:
(i) - The Purchaser gives written notice to Scales4Industry and the carrier within three days of receipt of the goods.
(ii) - The Purchaser gives Scales4Industry a reasonable opportunity to arrange for inspection of the goods.
If Scales4Industry is satisfied that the damage was caused in transit, it shall replace or repair the goods as its option.

4(f) - If Scales4Industry is to replace or repair any goods pursuant to (e) above the Purchaser shall forthwith if requested to do so by Scales4Industry pack the goods in the same packaging as originally supplied but certainly in a manner that makes the packaging safe to be returned to Scales4Industry warehouse or to whom Scales4Industry shall direct at the Purchasers cost.

4(g) - Where goods are required outside the United Kingdom the Purchaser will be responsible for obtaining all consents and licences which are necessary to enable it to import and use the goods and for all necessary consents (including exchange control consent) to enable it to make payment for the goods.

Returns

5(a) - In the event that the Purchaser has ordered an incorrect product or service for their application Scales4Industry will exchange for a different model to forfil Purchasers requirement but only upon receipt of the original goods being returned to Scales4Industry in the original packaging and in an unused condition. Only then will replacement goods be dispatched.

5(b) - The cost must be borne by the Purchaser for returns.

5(c) - Differences in costs will be e-mailed to the Purchaser for confirmation upon receipt of acceptance will the product or service be implemented.

5(d) - Scales4Industry have a dedicated support team to assist the Purchaser shall the need arise.

Title

6(a) - The property of the goods shall not pass to the Purchaser until the Purchaser has paid in full all the sums owing to Scales4Industry. As legal ownership remains with Scales4Industry the Purchaser shall be bailees of the goods for Scales4Industry.

Guarantees, Warranties and Limitation of Liability

7(a) - Scales4Industry undertakes to repair or at their option replace or credit against the goods manufactured or supplied by Scales4Industry which are discovered by the Purchaser to be defective in materials or workmanship provided that an opportunity shall have been given to Scales4Industry to inspect such goods. Replaced goods or parts shall become Scales4Industry’s property.

7(b) - Scales4Industry shall not be liable to any claim under section 4 (e) unless:
(i) - Written notice of the defect is given to Scales4Industry within three days of receipt of the goods.
(ii) - The goods in question have not been subject to abnormal use or any modification prior to the defect occurring and
(iii) - The goods in question at Scales4Industry's request are returned to Scales4Industry in the same packaging at the Purchaser's expense.
Scales4Industry shall not be liable for any claim unless made within twelve calendar months from the date of delivery to the Purchaser.

7(c) - The warranty contained in (a) and (b) above is given in substitution for all conditions and warranties whether expressed or implied by common law, statue, custom of trade, course of dealing or otherwise and all such conditions are warranties and hereby excluded save where other side provided by statue.

7(d) - The Purchaser hereby confirms that the sale is not a consumer sale with the meaning of the Sales of Goods Act 2002.

7(e) - Scales4Industry shall not be liable in contract or part or otherwise for direct or consequential loss or damage or injury in connection with or arising out of possession, operation, use, malfunction or modification of the goods save as provided for in (c) above and the Purchaser shall indemnify Scales4Industry in respect of any claim for loss, damage or injury to any person or property or for any other loss directly or indirectly occasioned by or arising from the possession, operation or use of the goods or arising from the malfunction or modification of the goods.

7(f) - The Purchaser hereby confirms that there have been no representations made by or on behalf of Scales4Industry on the faith of which the Purchaser entered into the contract except and to the extent to which such representations are herein expressly set out. No service or agent of Scales4Industry has any authority to give any warranty to make any representation concerning the goods.

Trade Marks or Names

8(a) - All Trade Marks and or Names indicated on Scales4Industry's web site that are not owned by Scales4Industry are the property of their respective owners, who may or not be affiliated with, connected to, or sponsored by Scales4Industry.

8(b) - Scales4Industry's graphics, logos, page headers, button icons, scripts and service names are the trademark or trade dress of Scales4Industry and may not be used in connection with any other product or service that is not Scales4Industry's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Scales4Industry.

Descriptive Matter

9(a) - All descriptive matter (including but not confined to catalogues, advertisements, brochures, drawings, illustrations, specifications of dimensions) is approximate only given for general guidance and shall not form part of this contract.

9(b) - All technical documentation shall remain the intellectual property of Scales4Industry and may neither be copied nor re-produced nor brought to the knowledge of third parties in any manner whatsoever nor be used to manufacture the goods or any parts thereof. It may be used for maintenance and operation to the extent to which it has been marked to that effect by Scales4Industry.

Waiver

10(a) - No failure or delay in exercising any rights under these conditions shall operate as a waiver thereof or extend to or affect any other or subsequent event or impair any rights or remedies consequent thereon or in any way modify or diminish the rights of Scales4Industry under these conditions.

Severability

11(a) - In the event that any of these conditions shall become or shall be declared by any court or competent jurisdiction to be invalid or unenforceable in any way such invalidity shall in no way impair or affect any of the remaining conditions hereof all of which will remain in full force and effect.

Jurisdiction

12(a) - These conditions and this contract shall be governed, construed and enforced by the English courts in accordance with English law.

Copyright and Database Rights

13(a) - All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Scales4Industry, its affiliates or its content suppliers and is protected by United Kingdom and international copyright and database right laws. The compilation of all-content on this website is the exclusive property of Scales4Industry, our affiliates or our software suppliers and is protected by United Kingdom and internal copyright laws.

13(b) - You may not systematically extract and/or re-utilise parts of the contents of the website without Scales4Industry's express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether one or many times) for re-utilisation of any substantial parts of this website, without Scales4Industry's express written consent. You also may not create and/or publish your own database that features substantial (e.g. prices and product listing) parts of this website without Scales4Industry's express written consent.

Electronic Communications

14(a) - When you visit Scales4Industry.co.uk or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on our web site. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

Alteration of Service or Amendments to The Conditions

15(a) - We reserve the right to make changes to our website, policies, and these Conditions of Use and Sale at any time. You will be subject to the policies and Conditions of Conditions of Use and Sale in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

Access to Scales4industry Website

16(a) - We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introductions of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

Your Conduct on Scales4industry Website

17(a) - You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.

17(b) - You understand that you, and not Scales4Industry, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.

17(c) - You must not use the website for any of the following:

For fraudulent purposes, or in connection with a criminal offence or other unlawful activity.

To send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, policital campaigning, commercial solicitation, chain leter, mass mailing or any "spam".

To cause annoyance, inconvenience or needless anxiety.