Terms & Conditions

All orders are accepted by Electroserv (TC&S) Limited subject to the Terms and Conditions of Sale set out below:

1. General

All orders for products and services on the Electroserv+ website are accepted by Electroserv (TC&S) Limited ('ETCSL') subject to these terms and conditions of sale. No other terms will apply to the supply of products and services by ETCSL unless agreed in writing by an authorised signatory of ETCSL or expressly stated otherwise in these terms and conditions of sale.

All descriptions of the products and services contained in the ETCSL website or otherwise communicated to the Customer are approximate only and shall not form any part of the contract between ETCSL and the Customer. ETCSL shall not be liable to the Customer for any errors or omissions in its catalogue. The advertising of products and services in the ETCSL website is not an offer capable of acceptance; it merely constitutes an invitation by ETCSL for the Customer to make an offer to purchase products and services.

These terms and conditions do not apply to export transactions, to which separate terms and conditions of sale apply.

ETCSL is a business-to-business supplier. The ETCSL website is intended for use by business customers and not by consumers or private individuals. Notwithstanding the foregoing, nothing in these terms and conditions of sale shall affect the statutory rights of a Customer who deals as a consumer.

2. Prices

The prices of the products and services are as set out in the ETCSL website that is current at the date of despatch of the ordered products or the date of provision of the ordered services. Products which are not stocked by ETCSL will be sold at the prices set out in the relevant quotation supplied by ETCSL. All prices exclude VAT, which ETCSL will add at the rate applicable at the date of order despatch. ETCSL reserves the right to change prices without prior notice at any time.

The prices of Extended Range products are as set out in the ETCSL website, unless agreed in writing with an authorised representative of ETCSL. Discounts given by ETCSL in relation to ETCSL standard stocked products or any other ETCSL offer will not apply to Extended Range products. Extended Range products will be invoiced separately from standard stocked product.

3. Ordering

ETCSL reserves the right to decline to trade with any company or person. In addition, ETCSL may decline to accept any order, whether or not payment has been received, by giving notice of non-acceptance to the Customer by telephone, facsimile or email within a reasonable period of receipt by ETCSL of the order.

ETCSL executes orders to the Customer's requirements, and does not substitute one product for another unless requested by the Customer, or unless the product has been superseded by the latest version. To the extent that orders cannot be fulfilled completely from stock, the unfulfilled balance will (at the Customer's option) either be put on back order to be fulfilled when ETCSL next has available stock or be cancelled.

The Customer must submit orders using the ETCSL stock numbers and the priced units used on the ETCSL website or via the quotation provided and must specify which delivery option is required. If the Customer confirms telephone, fax or internet orders, the confirmation must be marked 'CONFIRMATION ONLY' to avoid duplication. If the Customer orders the wrong product or number of products, or duplicates orders, the provisions of clause 12 will apply.

4. Delivery

ETCSL will aim to deliver products in accordance with the Customer's order. The Customer's delivery options, and the prices for them, are set out in the ETCSL website current at the date of order or will be notified to the Customer at the time of order. Delivery prices apply per order, irrespective of the number of products ordered. Delivery will be made to the Customer's usual business address, unless otherwise agreed in writing.

Times and dates for delivery quoted in the ETCSL website or by ETCSL's employees are approximate only and ETCSL shall not be liable for the consequences of any delay in delivery. Time for delivery shall not be of the essence. Delivery of products marked on the website as requiring special handling may (because of the nature of the products) take up to 72 hours after acceptance of the Customer's order. Some products are not held in stock or are 'made to order' and will incur additional lead times. These times will be indicated on the description page of the item or communicated via ETCSL in a quotation.

If any delivery is late, the Customer must notify ETCSL, and ETCSL will endeavour to ascertain if the product has been delivered or the expected delivery time of the product to the Customer. ETCSL may also, at its discretion, refund the total delivery charge to the Customer. If a revised delivery time is not acceptable ETCSL may also, at its discretion, offer an alternative delivery option. These are the Customer's exclusive remedies for late delivery.

ETCSL will aim to deliver Extended Range products in accordance with the lead times published for them on the ETCSL website. All such lead times are approximate only, and no other delivery options are available for Extended Range products. ETCSL may, following Customer's order, notify the Customer if ETCSL will be unable to fulfil any order for Extended Range products within that published lead time, and will provide alternative options.

Orders are subject to an additional shipping and handling charge as published on the ETCSL website, or quoted at the time of order (currently £10 per item weighing less than 5kg, but subject to change). These shipping and handling charges apply per order, irrespective of the number of products ordered.

5. Inspection, Delivery Delays and Non-Delivery

The Customer must inspect the products as soon as is reasonably possible after delivery and shall, within 10 days of the date of delivery or, in the case of clause 4, the due date for delivery, give notice to ETCSL in detail of:

  1. Any defect in the product that is apparent on reasonable examination. In this case ETCSL shall, at ETCSL's discretion, replace the products or refund the purchase price. In any event the Customer must refuse parcels delivered to it in a damaged condition;
  2. Any shortfall in products delivered. In this case ETCSL shall, at its discretion, deliver the undelivered products or refund the price of the undelivered products;
  3. Any delivery of products not in accordance with the order. In this case ETCSL shall, at ETCSL's discretion, replace the products or refund the purchase price;
  4. Any non-delivery of the products (in which case the time limit is within 10 days of the estimated despatch date). In this case ETCSL shall deliver the undelivered products or refund the price of the undelivered products.

If the Customer fails to give any such notice, the products shall be conclusively presumed to be, in all respects, in accordance with the order and free from apparent defects, and the Customer shall be deemed to have accepted the products accordingly. ETCSL's record of the products despatched (including the quantity) shall be conclusive evidence of the products received by the Customer, unless proved otherwise by the Customer.

The remedies set out above are the Customer's exclusive remedies for non-delivery or short delivery of products, or for apparent defects in the products or delivery of products not in accordance with the order. ETCSL shall not be liable for any losses, consequential or otherwise, or for costs (including legal costs), expenses, liabilities, injuries, loss of profits, business or economic loss, depletion of goodwill, damages, claims, demands, proceedings, judgments or otherwise arising from these circumstances.

6. Payment

If ETCSL has not granted credit to the Customer, payment terms are cash with order.

Credit terms (subject to satisfactory references and at ETCSL's absolute discretion) are available. If credit has been granted, the Customer shall pay the price of the product or service by the 20th day of the month following the month in which the products are despatched. All payments must be made without any set-off, deduction or counterclaim.

If any sum is not paid on the due date for payment then, without prejudice to any other right or remedy:

  1. All sums then outstanding from the Customer will immediately become due and payable notwithstanding that such sums would not otherwise be due until a later date, and
  2. ETCSL may apply a compensation charge as an estimate of administrative and other wasted costs incurred by ETCSL to the Customer of £50 for outstanding sums up to £999.99: £100 for outstanding sums between £1,000 and £9,999.99 and £150 for outstanding sums of £ 10,000 or more; and
  3. ETCSL may also charge the Customer interest from the due date until payment is made in full (both before and after any judgement) on the amount unpaid at a rate which is 8 per cent per annum above the Bank of England base rate as set at 31 December for the period 1 January to 30 June inclusive in the following year and as set at 30 June for the period 1 July to 31 December inclusive, compounded monthly.

7. Risk and Ownership

Risk of loss of or damage to the products shall pass to the Customer on delivery. Ownership of the products shall not pass to the Customer until all sums due to ETCSL from the Customer for those products have been received by ETCSL (in cash or cleared funds). If the Customer is late in paying any sum to ETCSL, then ETCSL shall be entitled to the immediate return of all products where the ownership has not passed to the Customer. The Customer authorises ETCSL and its agents to recover the products, and to enter any premises of the Customer for that purpose. Demand for or recovery of the products by ETCSL shall not of itself discharge either the Customer's liability to pay the whole of the price and take delivery of the products or ETCSL's right to sue for the whole of the price.

8. Product and Availability Information

ETCSL reserves the right, without prior notice, to discontinue any product or to make design changes as part of its continuous programme of product improvement, or to assist product availability, and such changes may take place during the life of any ETCSL website.

Unless otherwise confirmed, nothing in any ETCSL website is to be taken as a representation of the source of origin, manufacture, or production of the products or any part of them.

9. Warranty

For new products purchased from ETCSL: ETCSL warrants that if any product is defective, it will replace or repair the product or refund the purchase price. This warranty is subject to a claim being made in writing to ETCSL within 12 months of the original date of despatch, or such other longer period as may be indicated by ETCSL for specific products from time to time in writing.

This warranty shall not apply to any defect which arises from improper use, failure to follow the product instructions, or any repair or modification made without the consent of ETCSL. The Customer must return or dispose of the products, or make them available for collection by ETCSL, in accordance with ETCSL's instructions and suitably packaged.

The Customer must contact ETCSL to notify ETCSL of the return of any products prior to returning any products and obtain a returns number, which is to be quoted on all paperwork. Returned products must be accompanied by an advice note stating the original invoice number in respect of the products and the nature of any claimed defect. Where the Customer returns products otherwise than in accordance with these warranty provisions, ETCSL may refuse such products and return them to the Customer at the cost of the Customer.

Any products which are replaced by ETCSL shall become the property of ETCSL. Title to replacement products shall pass to the Customer on delivery, and the period of the replacement product's warranty shall be the unexpired period of the defective product's warranty. The remedies set out above shall be ETCSL's sole liability and the Customer's sole remedy for any breach of warranty and in respect of the supply or non-supply of products and/or services.

The Customer shall have no remedy in respect of any untrue statement made to it upon which it relied in ordering products and/or services (unless such untrue statement was made knowing that it was untrue) other than any remedy it may have set out expressly in these terms and conditions of sale. Save as expressly provided in these terms and conditions of sale, all implied warranties, terms and conditions (whether statutory or otherwise) concerning the supply or non-supply of products and/or services are excluded to the fullest extent permitted by law (including, without limitation, the implied terms of satisfactory quality, fitness for purpose and provision of services with reasonable care and skill). ETCSL will not be liable to the Customer for any loss, damage or liability of any kind whatsoever which arises out of the breach of implied warranties, terms or conditions (statutory or otherwise) or breach of any other duty of any kind imposed on ETCSL by operation of law. The Customer acknowledges that it is responsible for ensuring that the products and services it orders are fit for the purposes for which it intends to use them.

10. Limitations of Use

Products sold by ETCSL are not recommended or authorised for use in life support, surgical implantation, nuclear or aircraft applications or for any use or application in which the failure of a single component could cause substantial harm to persons or property.

11. Liability

ETCSL shall not be under any liability for damage, losses (whether direct, indirect or consequential), expenses, liabilities, injuries, loss of profits, business or economic loss, depletion of goodwill, costs (including legal costs), claims, demands, proceedings, judgments or otherwise resulting from the failure to give advice or information or the giving of incorrect advice or information (including through the ETCSL technical helpline) whether or not due to its negligence or that of its employees, agents or sub-contractors.

ETCSL shall not be liable for economic loss, punitive damages, loss of revenue, loss of profits or expected future business, damage to reputation or goodwill, loss of any order or contract or any consequential or indirect loss or damage, all as may result from, or be connected with: (i) any express or implied terms of the contract between ETCSL and the Customer, or of any order accepted by ETCSL; (ii) any duty of any kind imposed on ETCSL by law arising out of or in relation to the contract between ETCSL and the Customer or order; (iii) any defect in the products or services; (iv) intellectual property rights infringement; or (v) any other loss whatsoever arising out of these terms and conditions of sale.

If, notwithstanding any other provisions in these terms and conditions of sale including without limitation clauses 1, 2 and 3, any liability attaches to ETCSL, ETCSL's liability to the Customer arising out of or in connection with these terms and conditions of sale or any order whether in contract, tort or otherwise in respect of one or more of (i) any express or implied terms of the contract between ETCSL and the Customer, or of any order accepted by ETCSL; (ii) any duty of any kind imposed on ETCSL by law arising out of or in relation to the contract between ETCSL and the Customer or the order; (iii) any defect in the products or services; (iv) intellectual property rights infringement; or (v) any other loss whatsoever arising out of these terms and conditions of sale shall be limited in the aggregate to £100,000 or the total value of the order, whichever is greater.

Nothing in these terms and conditions of sale (including without limitation this clause 4) shall exclude or limit the liability of ETCSL for death or personal injury caused by the negligence of ETCSL or its employees, agents or sub-contractors, or for fraud.

12. Cancellations and Returns

The Customer may not cancel orders once accepted by ETCSL. ETCSL may, at its discretion and in writing, allow an order to be cancelled subject to ETCSL recovering from the Customer the costs incurred by ETCSL. In the event of cancellation of part of any order only, ETCSL may invoice the Customer any difference in selling price per unit applicable to the quantity actually despatched up to the time of cancellation compared to the quantity ordered.

The customers may only return products to ETCSL, and receive a credit or refund, on the following conditions:

  1. The Customer must contact ETCSL prior to the return of any products and obtain the prior consent of ETCSL and obtain a returns number (to be quoted on all returned paperwork)
  2. Return must be made within 30 days of the date of delivery (as stated on the delivery documentation). Products must be returned to ETCSL in the ETCSL original condition and packaging and in a condition which will enable them to be immediately fit for re-sale. Products must be returned to ETCSL adequately packed and despatched freight prepaid, clearly labelled to: CUSTOMER RETURNS DEPARTMENT, Electroserv (TC&S) Limited, 6 Short Street, Macclesfield, Cheshire, SK11 6JY.
  3. The Customer must follow any specific instructions which are provided by ETCSL or with any product regarding its return to ETCSL;
  4. The Customer must quote the invoice details or the ETCSL reference number on the ETCSL Customer Returns Form from the original despatch note, otherwise any credit given for the returned products will be based upon the lowest sales price; and
  5. For products returned due to Customer error or no longer required and returned in accordance with 1 - 3 above a handling charge will be applied. This handling charge is available on request.
  6. Where the Customer returns products to ETCSL not in accordance with 1 - 3 above (for example, after 30-days from the date of despatch or in an unfit state) ETCSL will refuse delivery and return the products at the Customer's expense or may apply a handling charge which relates to the actual cost of reprocessing (subject to the minimum charge set out in the ETCSL website).
  7. ETCSL accepts no responsibility for any loss of or damage to products in transit from Customer to ETCSL or for any items received by ETCSL with them."

13. Services

ETCSL offers the following services in respect of products: REPAIR, CALIBRATION. ETCSL may quote a turnaround time target for these services, but ETCSL shall be under no liability if it fails to comply with such target. Except in respect of the REPAIR service, the product must be free from physical and electrical damage and from modifications (other than modifications detailed in the literature supplied with the product). The conditions which apply to each of these services are set out below. The product must be supplied to ETCSL with a completed de-contamination certificate; Failure to supply a completed de-contamination certificate will result in the equipment being returned to the customer at the customer's expense.

REPAIR: The REPAIR service is subject to the availability of parts and is only available if the product has not suffered excessive physical or electrical damage and is free from modifications (other than modifications detailed in the literature supplied with the product). Any instructions set out in the repair information/questionnaire supplied with the product in question must be complied with. ETCSL may at its absolute discretion either repair the product or replace it with a substitute product. Any Customer-generated software returned with a product will be erased or otherwise destroyed on receipt and ETCSL shall not be under any liability whatsoever in respect of any data contained in such software.

CALIBRATION: ETCSL will check the product for compliance with the published specification at appropriate points, using working standards which are periodically verified and which are traceable to National Standards. The full details of the CALIBRATION service are as set out in the ETCSL website.

14. Force Majeure

A force majeure event is any event beyond the reasonable control of ETCSL (including strikes, traffic congestion, the downtime of any external line, or ETCSL's inability to procure services, materials or articles required for the performance of the contract except at enhanced prices). If ETCSL is prevented or restricted from carrying out all or any of its obligations under these terms and conditions of sale by reason of any force majeure event, then ETCSL shall be relieved of its obligations during the period that such event continues, and shall not be liable for any delay and/or failure in the performance of its obligations during such period. If the force majeure event continues for a period longer than fourteen days, ETCSL may cancel the affected order or cancel the whole or any part of these terms and conditions of sale, without any liability to the Customer.

15. Law and Jurisdiction

The contract between ETCSL and the Customer based on these terms and conditions of sale as applicable to each Customer order shall be governed by and interpreted in accordance with English Law and the Customer submits to the non-exclusive jurisdiction of the High Court of Justice in England, but ETCSL may enforce the contract in any court of competent jurisdiction.

Usage Policy

Legal Notice

As a user of the Electroserv (TC&S) Limited website ('www.electroserv.co.uk'), you are bound by the following terms and conditions. Accordingly, you should review them in relation to all or part(s) of the website.

Licence

By allowing you to access the website, Electroserv (TC&S) Limited grants to you a licence. By accessing the website, you accept the terms and conditions of this licence.

Pursuant to this licence and subject to the absolute right of Electroserv (TC&S) Limited to vary access to all or any part(s) of the website, you acquire a non-exclusive right to:

  • View the material in the website
  • Access material contained in the website
  • Use the website strictly in accordance with the provisions of this licence

If you wish to download and use any material contained in the website for a temporary purpose (such as viewing offline), you may do so.

However, downloading material contained in the website for reproduction by you may only be done upon receipt of prior written consent from Electroserv (TC&S) Limited, and upon payment of any fee required by Electroserv (TC&S) Limited to be paid by you for that use.

Your Obligations

You hereby undertake the following obligations:

  • To not copy or translate for commercial use, reproduce, adapt, vary or modify any material in the website without the express consent of Electroserv (TC&S) Limited, except as expressly authorised by this licence;
  • To ensure your employees, subcontractors and other agents (if any) who have authorised access to the website are made aware of the terms and conditions of this licence;
  • To not provide or otherwise make available any material in the website in any form to any person other than employees, subcontractors and other agents (if any) without the
  • To not use the material in the website for, or in connection with, a service bureau operation.

Warranties

Electroserv (TC&S) Limited does not warrant that the material in the website is accurate, complete or up to date. The existence of inaccurate, incomplete or superseded material in the website will not cause Electroserv (TC&S) Limited to be in breach of the terms of this licence.

Electroserv (TC&S) Limited reserves the right to change, add or remove any material in or from the website without notice.

Electroserv (TC&S) Limited does not warrant that the functions contained in the website or third-party websites will be uninterrupted or without error, that defects will be corrected, or that electronic material in the website and other third-party websites are free of viruses or other harmful components.

To the extent permitted by law, all implied terms are excluded. If any statute implies terms into this licence, which cannot be lawfully excluded, such terms will apply to this licence, save that the liability of Electroserv(TC&S) Limited for breach of any such implied term will be limited, at the option of Electroserv (TC&S) Limited, to any one or more of the following:

  • The replacement of goods or services to which the breach relates or the supply of equivalent goods or services;
  • The repair of such goods or services;
  • The payment of the cost of replacing the goods or services or of acquiring equivalent goods or services; and
  • The payment of the cost of having the goods repaired or the services performed again.

Electroserv (TC&S) Limited will not be liable for any indirect or consequential losses arising out of a breach of this licence, or arising out of the supply of a defective program or incorrect materials.

When deciding to visit the website, you acknowledge that you have exercised your independent judgment and have not relied on any representation made by Electroserv (TC&S) Limited which has not been stated expressly in this licence or upon any descriptions or illustrations or specifications contained in any document including catalogues or publicity material produced by Electroserv (TC&S) Limited (which material may be out of date or superseded).

Intellectual Property Rights

You acknowledge that the material in the website is the subject of copyright and that it is the subject of other intellectual property and legal rights (including third-party rights).

You must not, during or at any time after the expiry or termination of this licence, permit any act which infringes any of those rights and, without limiting the generality of the foregoing, you specifically acknowledge that you may not copy the material in the website, except as otherwise expressly authorised by this licence.

Trademarks

Electroserv (TC&S) Limited and all associated trademarks (including without limitation all trademarks of the subsidiary companies of Electroserv (TC&S) Limited) are trademarks of Field and Black Limited and its subsidiaries and their related bodies corporate.

Subscription Services

Subscribers to services of the website may store in digital format in computer terminals, databases or other repositories material which is supplied in the normal course of a subscription.

Password access is restricted to a single subscriber. Passwords and user names must not be distributed to any other person, body or corporation. Subscribers must take due care to protect the copyright of materials from unauthorised use, copying, reproduction, lending, reselling, manipulation, disassembly, distribution or publication. In the event that a subscriber breaches this duty, or if it is found that a subscriber's conduct violates applicable law, Electroserv (TC&S) Limited may immediately suspend or terminate a subscriber's subscription without notice.

Indemnity

You must indemnify and keep Electroserv (TC&S) Limited indemnified fully against all liabilities, damages, claims, losses, costs and expenses, which Electroserv (TC&S) Limited may incur to a third party or you as a result of your breach of the provisions of this licence.

This website may contain hyperlinks to other websites operated by third parties. You accept that Electroserv (TC&S) Limited has no control over, and is not responsible for, any material contained on any third-party websites. You may be required to comply with all requirements of any third party over the conditions of use of that third party's website.

Users are prohibited from placing a link to the website without the prior written consent of Electroserv (TC&S) Limited and on terms satisfactory to Electroserv (TC&S) Limited.

Disclaimer

You accept that Electroserv (TC&S) Limited takes no responsibility for any error or omission relating to the material contained in the website. You accept that Electroserv(TC&S) Limited makes no undertakings to provide access to the website at any particular time, or for any particular length of time. You agree that Electroserv(TC&S) Limited will not be held liable for any lapse in the website's accessibility or any consequences whatsoever that flow from the unavailability of the website.

Terms of Licence

This licence commences upon your accessing the website and is granted in perpetuity. However, the licence may be terminated without notice by Electroserv (TC&S) Limited if you are in breach of any terms of this licence.

Upon termination, you or your representative must destroy any copies, electronic and printed, of material obtained from the website that you have in your possession or under your control or otherwise return or dispose of such material in the manner directed by Electroserv (TC&S) Limited.

Termination pursuant to this clause shall not affect any rights or remedies, which Electroserv (TC&S) Limited may otherwise have under this licence or at law.

Amendments To This Licence

These are the current terms and conditions of the licence.

Electroserv (TC&S) Limited may at any time vary and amend the terms and conditions of this licence by publishing the varied Terms and Conditions of Use on the website. You accept that by doing this, Electroserv(TC&S) Limited has provided you with sufficient notice of the variation and amendment.

It is your responsibility to familiarise yourself with the current terms and conditions each time you visit the website.

Waiver

Failure or neglect by Electroserv (TC&S) Limited to enforce at any time any of the provisions of this licence shall not be construed or deemed to be a waiver of the rights of Electroserv (TC&S) Limited under this licence.

Jurisdiction

This licence shall be governed by and construed according to the laws of the England and Wales.

Definitions

'Hyperlink' means any mechanism of providing a link from one location on the Internet (or a web page) to another location on the Internet (or a different web page, or a different location on the same web page), and includes any mechanism for linking to, or providing access to, files via the Internet.

'Intellectual Property' means all intellectual property rights as defined by Article 2 of the World Intellectual Property Organisation Convention of 1967, in any inventions, designs, trademarks, trade names, circuit layouts, plant varieties, business and domain names, logos and get-up, confidential information, matter, materials or works accessible on or via the Electroserv (TC&S) Limited websites.