Terms & Conditions
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IMPORTANT: Please read the wording of this Agreement carefully as it contains the terms and conditions ("the Conditions") upon which Sulis Limited ("Us"/"We"/"Our") contracts with you ('You"/"Your'/'Yourself) for the sale of the Goods. In this Agreement "Goods" means the goods which We supply to You in accordance with the Conditions. All orders are accepted by Us subject to the following Conditions:
1 Order 1.1 You shall make an order by telephone, facsimile, post, email or website. 1.2 We will notify of Our acceptance of Your order.
2 Payment 2.1 Payment is due at the time of submitting the order. 2.2 If you fail to make any payment when it is due We have the right to charge interest on all outstanding balances, calculated on a daily basis 2% above the current Bank of England base rate. 2.3 Prices quoted are exclusive of VAT and are current at the time of going to print. We reserve the right to effect changes without prior notice (including, in particular, the event of exchange rate variations). 2.4 If a sum of money is due from you, the same may be deducted from any sum then due or which at any time becomes due to you under this or any other agreement between Us and You.
3 Ownership of the Goods 3.1 Ownership of the Goods delivered or to be delivered by Us will only be transferred to You when You have paid cash or cleared funds in payment of all sums owing to us in respect of the goods. 3.2 Until ownership has been passed to You We retain full legal and beneficial title to the Goods and reserve the right at any time to require You to deliver up the Goods to Us and, if You fail to do so forthwith upon Our request, to enter upon any of Your premises or of any third party where the Goods are stored and repossess the Goods.
4 Dispatch of Goods and Delivery 4.1 Goods are normally dispatched as soon as your payment has been cleared. Carriage is charged at the stated rate. 4.2 Time for delivery shall not be the essence of this Agreement. We shall use reasonable endeavors to deliver as soon as possible, but We shall be under no liability whatsoever for the delay in delivery or the consequence thereof. You hereby waive irrevocably all Your rights and remedies (if any) in respect of loss or damage suffered or incurred directly or indirectly as a result of late delivery of the Goods. 4.3 If there are shortages or damages to the Goods occurring in transit You must notify us 7 days from the date of delivery giving full details of any such shortages / damages and You must return the Goods to Us together with all packaging. Within that time all parcels delivered to You in a damaged condition should be returned to Us forthwith. Where We accept there has been a shortage in goods dispatched or the goods have been damaged in transit, we shall replace such goods at the previously invoiced price 4.4 Order Cancellation Cancellation of an order can only be accepted after prior negotiation and agreement. On no account can cancellation be accepted for items ordered specially by Us on behalf of You.
5 Copyrights 5.1 Products offered by Us are subject to design right and copyright.
6 Guarantee 6.1 Unless otherwise specified and subject to clauses 6.2 and 6.3 below, the MK2 is guaranteed free from defect caused by faulty materials or workmanship for a period of twelve months from the date of dispatch (the "Guarantee"). The MK3 is guaranteed for 36 months. 6.2 The Guarantee in clause 6.1 above is given provided that: (a) We are promptly notified in writing upon discovery by You that the Goods are defective due to faulty materials or workmanship; (b) the Goods in question to which the claim refers are returned to Us within 12 months from the date of dispatch (the "Guarantee Period") suitably packed, carriage prepaid and accompanied with proof of purchase (copy of your guarantee) and details of the nature of the defect: and (c) (c) examination by Us of the Goods in question confirms that the alleged defect has not been caused by misuse, neglect, method of storage, mishandling, testing or repair, by alteration or accident or by any other cause listed in clause 6.3(b)(i) to (iv) below. 6.3 We are not liable under this Guarantee: (a) if the total price for the Goods has not been paid: or (b) for any defect arising from: (i) fair wear and tear, willful damage, negligence, misuse, repair of the Goods without Our approval: (ii) any use of or dealing with the Goods in a manner which could not reasonably be expected having regard to their normal purpose: (iii) any use of or dealing with the Goods in conjunction with any other item where such item causes or gives rise to the alleged defect; or (iv) any use of the Goods which is not in accordance with Our operating or user instructions. This guarantee shall not be affected by and no obligation or liability shall result from providing technical advice or service in connection with Your order for the Goods. 6.6 Our liability under the guarantee shall be limited to repairing or replacing any goods returned within the guarantee period.
7 Limitation of Liability 7.1 Subject to clauses 7.3 and 7.4 below and as otherwise expressly provided in this Agreement, all warranties, conditions or other terms whether express or implied by statute or common law or otherwise are excluded to the fullest extent permitted by law. In particular We make no representation or warranty that the Goods are either of satisfactory or merchantable quality or fit for any purpose or that they conform to any description. You acknowledge and agree that You have relied upon Your own skill and judgment in selecting the Goods. 7.2 Subject to clauses 7.3 and 7.4 and to the Guarantee given in accordance with clause 7 and to the full extent permitted by law We exclude all liability for any loss, damage or expense howsoever suffered or incurred by You as the direct indirect or consequential result of the Goods either not being of satisfactory or merchantable quality, or fit for any purpose, or conforming to any description and You hereby irrevocably waive all rights and/or remedies (if any) which You may have had in respect of such loss, damage or expense and/or in respect of any breach or default of any warranty implied by statute, equity or common law concerning the quality, fitness or description of the Goods. 7.3 Clauses 7.1 and 7.2 do not apply where You deal as a Consumer in accordance with section 12 of the Unfair Contracts Terms Act 1977 and to the extent that such exclusion is not permitted in accordance with the provisions of that Act. Your statutory rights remain unaffected by anything in these Conditions. 7.4 Nothing in these Conditions shall limit Our full liability in respect of death or personal injury caused by Our own negligence or under Part 1 of the Consumer Protection Act 1987. 7.5 We shall not be liable for incidental or consequential damages for any breach hereof, including but not limited to costs of removal and re-installation of Goods, loss of goodwill, loss of profits or loss of use.
8. Export 8.1 Freight and insurance is charged at the prices displayed on our website and may be subject to updating or change at our discretion. 8.2 You are responsible at your own expense to obtain any import or export license or any other documentation deemed necessary by any compliant authority.
9 Miscellaneous 9.1 We reserve the right to discontinue any product, or make design changes, changes to product specifications, without prior notice, as part of Our continuous process of product and service improvement, or to improve product availability. 9.2 If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or part the validity of the other provisions of this Agreement and the remainder of the provision in question shall not be affected. 9.3 We shall not be liable to You for any delay or failure to perform any of Our obligations hereunder which is due to causes or circumstances beyond Our reasonable control, including (without limitation) acts of civil or military authority, national emergencies, fire or flood, acts of God, war or riots, actions or omissions of third parties. 9.4 No delay, neglect or forbearance on the part of either party in enforcing its rights or any of them against the other shall be construed as a waiver or in any way prejudice any of its rights hereunder. 9.5 This Agreement shall be governed by and construed in accordance with the laws of England and Wales whose courts shall have exclusive jurisdiction in connection with any dispute arising out of or in connection with it. 9.6 Goods are supplied to customers in North America (U.S.A. and Canada) exclusively for their own research purposes