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TERMS AND CONDITIONS

BACKGROUND:

This agreement applies as between you, the User of this Website or Purchaser and PCI Instruments Ltd, the owner(s) of this Website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.

No part of this Website is intended to constitute a contractual offer capable of acceptance. The Purchaser’s order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a despatch email to the Purchaser indicating that the order has been fulfilled and has been despatched.

        1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

“Account”

means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;

“Carrier”

means any third party responsible for transporting purchased Goods from our Premises to customers;

Content

Despatch

means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;

Means when the goods are sent to the Purchaser by or on behalf of PCI from PCI’s premises or elsewhere pursuant to an Order by the Purchaser or otherwise

“Goods”

means any products that PCI advertises and / or makes available for sale through this Website;

PCI

means PCI Instruments Ltd Unit 7 Slaidburn Southport PR9 9YF;

Service

means collectively any online facilities, tools, services or information that PCI makes available through the Website either now or in the future;

“Payment Information”

means any details required for the purchase of Goods from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;

“Purchaser”

means any person or business that buys Goods from PCI from this Website;

“Purchase Information”

means collectively any orders, invoices, despatch notes, receipts or similar that may be in hard copy or electronic form;

“Premises”

Means our place(s) of business located at Unit 7 Slaidburn Southport PR9 9YF;

System

means any online communications infrastructure that PCI makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

“User” / “Users”

means any third party that accesses the Website and is not employed by PCI and acting in the course of their employment; and

“Website”

means the website that you are currently using (http://www.pci-instruments.com/) and any sub-domains of this site unless expressly excluded by their own terms and conditions.

            2. Business Customers

These Terms and Conditions apply to business customers only.

            3. International Customers

If Goods are being ordered from outside PCI’s country of residence, import duties and taxes may be incurred once the Goods reach their destination. PCI is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If a Purchaser buying internationally, they are advised to contact their local customs authorities for further details on costs and procedures. The Purchaser of the Goods will also be the importer of record and as such should ensure that the purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and PCI gives no guarantee that the packaging of the Goods will be free of signs of tampering.

            4. Intellectual Property

4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of PCI, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

4.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by PCI.

            5. Third Party Intellectual Property

5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

5.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.

            6. Fair Use of Intellectual Property

Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

            7. Links to Other Websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of PCI or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

            8. Links to this Website

Those wishing to place a link to this Website on other sites may do so only to the home page of the site http://www.pci-instruments.com/ without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of PCI. To find out more please contact us by email at sales@pci-instruments.com or or by calling 01704 509090.

            9. Use of Communications Facilities

9.1 When using the enquiry form or any other System on the Website you should do so in accordance with the following rules:

9.1.1 obscene or vulgar language must not be used;

9.1.2 Content that is unlawful or otherwise objectionable must not be submitted. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

9.1.3 Content that is intended to promote or incite violence must not be submitted;

9.1.4 it is advised that submissions are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;

9.1.5 the means by which Users identify themselves must not violate these Terms and Conditions or any applicable laws;

9.1.6 Users must not impersonate other people, particularly employees and representatives of PCI or our affiliates; and

9.1.7 our System must not be used for unauthorised mass-communication such as “spam” or “junk mail”.

9.2 You acknowledge that PCI reserves the right to monitor any and all communications made to us or using our System.

9.3 You acknowledge that PCI may retain copies of any and all communications made to us or using our System.

9.4 You acknowledge that any information you send to us through our System or post on the any connected forum / chat system may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.

            10. Cancellation

10.1 Once an Order is placed a Customer may not terminate and full payment will remain due even if the Customer cancels delivery / despatch of the goods ordered.

10.2 PCI reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and despatch.

10.3 If purchases are cancelled by PCI for any reason prior to despatch Purchasers will be refunded any monies paid in relation to those purchases.

            11. Payment

11.1 Any and all invoices are due for payment on the date shown on the invoice, unless alternative arrangements have been agreed between the Purchaser and PCI.

11.2 All goods must be paid for in FULL before despatch.

11.3 In the event for any reason goods are despatched before payment in full then Interest will be charged from the date of despatch on a daily basis, commercial interest at 8%% above the base rate of the Bank of England obtaining at the time.

            12. Goods, Pricing, Sutiability and Availability

12.1 Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from PCI correspond to the actual Goods, PCI is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 15.1 for incorrect Goods.

12.2 Where appropriate, you may be required to select the required size model colour number and or other features of the Goods that you are purchasing.

12.3 PCI does not represent or warrant that such Goods will be available. Stock indications are not provided on the Website

12.4 Any pricing information on the Website is correct at the time of going online. PCI reserves the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated as and when necessary;

12.5 In the event that prices are changed during the period between an order being placed for Goods and PCI processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;

12.6 Any prices on the Website do not include VAT. .

12.7 Customers are solely responsible for establishing that Goods are suitable for their particular use / purpose and PCI accepts no responsibility or liability in the event the Goods are found unsuitable by the Customer or any ThirdParty;

12.8 Any Certification requirements MUST be notified in writing in advance of placing an Order and also on the order itself.

            13. Property, Risk and Account of Profits

13.1 Title in Goods will not pass to the Purchaser until the full purchase price for those Goods has been received by PCI. Title remains with PCI until payment is complete.

13.2 If the Purchaser sells the Goods on to its own customers in any form, either as purchased from PCI or forming a component part of a larger Good, and any amount of the purchase price payable to PCI remains outstanding, the Purchaser must account to PCI for the proceeds of such a sale. The Purchaser is then required to hold such proceeds on trust for PCI until payment has been received in full by PCI.

13.3 PCI reserves the right to trace all proceeds under the principles of Re Hallett’s Estate (1880) 13 Ch D 696. Once the payment date has passed, if any sums remain outstanding, PCI has the right to enter the Purchaser’s premises and remove any Goods which, by virtue of sub-Clause 14.1, remain the property of PCI.

13.4 Risk / Liability regarding the goods and delivery passes to the Purchaser on despatch (when the goods leave PCI’s premises or the premises of any third party supplier who is supplying goods direct to the Purchaser at the direction of PCI).

            14. Delivery

14.1 PCI will notify you by way of email when your goods are to be despatched to you. The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you.

14.2 If PCI receives no communication from you, within 7 days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.

14.3 PCI shall not be responsible for any delay in despatch of the goods.

           15. Returns Policy

PCI aims to always provide high quality Goods that are fault free and undamaged. On occasion however, goods may need to be returned. Returns are governed by these Terms and Conditions.

15.1 Goods may not usually be returned except in exceptional circumstances and at the sole discretion of PCI. PCI does not accept refunds / returns of goods no longer required;

15.2 If the PCI accept a return, provided the goods are accompanied by a note explaining the reasons for return and a returns number from PCI the Purchaser should effect such return at its own expense making its own arrangements at its own risk regarding carriage within 10 working days of agreement to return by PCI. PCI is not responsible for paying shipment costs or any other expenses including but not limited to for example import / export duties. Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, PCI will use its reasonable endeavours to supply reasonably approximate replacement goods (without an obliation to effect identical replacement if it is not in PCI’s opinion possible to do so) within a reasonable period of time.

15.3 If any Goods purchased have faults when they are delivered and which are accepted by PCI and which faults have not occurred during transit, the Purchaser should contact PCI within 28 working days to arrange collection and return. PCI IS NOT responsible for paying shipment costs or any other expenses including but not limited to for example import / export duties. Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, PCI will use its reasonable endeavours to supply reasonably approximate replacement goods (without an obliation to effect identical replacement if it is not in PCI’s opinion possible to do so) within a reasonable period of time. .

15.4 If any Goods develop faults within their warranty period, the Purchaser is entitled to a repair or replacement under the terms of that warranty.

15.5 If Goods are damaged in transit and the damage is apparent on delivery, the Purchaser should sign the delivery note to the effect that the goods have been damaged. In any event, such damage should be reported to PCI within 10 working days. The Purchaser may then arrange for replacement at its own expense and subject to payment in full for any replacement items in advance. PCI IS NOT responsible for paying shipment costs or any other expenses including but not limited to for example import / export duties.. Upon receipt of the returned Goods which must be returned in their original condition with all packaging and documentation and subject thereto, PCI will use its reasonable endeavours to supply reasonably approximate replacement goods (without an obliation to effect identical replacement if it is not in PCI’s opinion possible to do so) within a reasonable period of time..

15.6 If the Goods have been despatched or have reached you, but the Purchaser decides that they are no longer required, PCI will NOT effect a refund. See clause 15.1.

15.7 PCI reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:

15.7.1 Any use or enjoyment that you may have already had out of the Goods;

15.7.2 Any characteristics of the Goods which may cause them to deteriorate or expire rapidly;

15.7.3 The fact that the Goods consist of audio or video recordings or computer software and that the packaging has been opened;

15.7.4 Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.

            16. Such discretion to be exercised only within the confines of the law.Privacy

16.1 Use of the Website is also governed by our Privacy Policy<<Privacy Policy [add html code to make this into a link]>> which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the link above.

            17. Disclaimers

17.1 PCI makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.

17.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

17.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.

17.4 Whilst PCI uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.

            18. Changes to the Service and these Terms and Conditions

PCI reserves the right to change the Website, its Content or these Terms and Conditions at any time. Users and Purchasers will be bound by any changes to the Terms and Conditions from the first time the Website is used by them following the changes. If PCI is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by Purchasers in the future.

            19. Availability of the Website

19.1 The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

19.2 PCI accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

            20. Limitation of Liability

20.1 To the maximum extent permitted by law, PCI accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.

20.2 Nothing in these Terms and Conditions excludes or restricts PCI’s liability for death or personal injury resulting from any negligence or fraud on the part of PCI.

20.3 Nothing in these Terms and Conditions excludes or restricts PCI’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Website.

20.4 Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

            21. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

            22. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

            23. Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and PCI.

            24. Notices

24.1 All notices / communications shall be given to us either by post to our Premises (see address above) or by email to sales@pci-instruments.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

24.2 PCI may from time to time send you information about our products and/or services. If you do not wish to receive such information, please sales@pci-instruments.com.

            25. Law and Jurisdiction

These Terms and Conditions and the relationship between you and PCI shall be governed by and construed in accordance with the Law of England and Wales and PCI and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.