Terms and Conditions

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Ceratech Terms and conditions for sale of goods – Business to Business


The Buyer’s attention is particularly drawn to Clause 12
Definitions

Seller means Ceratech Accuratus Ltd, Ceratech House, Unit 3 Grove Park, Mill Lane, Alton, Hants, GU34 2QG (Us)
Buyer the person who buys or agrees to buy the goods from the Seller. (You)
Conditions the terms and conditions of sale as set out in this document and any special terms and conditions agreed in writing by the Seller.
Goods the items which the Buyer agrees to buy from the Seller as set out in the Schedule.
Price the price for the Goods, excluding VAT and any carriage, packaging and insurance costs.
Force Majeure Event has the meaning set out in clause 11.

1. Conditions
These Conditions shall form the basis of the contract between the Seller and the Buyer in relation to the sale of Goods, to the exclusion of all other terms and conditions including the Buyer’s standard conditions of purchase or any other conditions which the Buyer may purport to apply under any purchase order or confirmation of order or any other document.

All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods from the Seller pursuant to these Conditions.

Acceptance of delivery of the Goods shall be deemed to be conclusive evidence of the Buyer’s acceptance of these Conditions.

These Terms and Conditions may not be varied except by the written agreement of the Seller.

These Conditions represent the whole of the agreement between the Seller and the Buyer. They supersede any other conditions previously issued (see Section 13).

2. Contract
These Terms and Conditions govern the sale of goods by us and will form the basis of the Contract between Us and you. Before making your Order, please ensure that you have read these Terms and Conditions carefully. If you are unsure about any part of these Terms and Conditions, please ask us for clarification.

Nothing provided by us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that we may, at our discretion, accept.

A legally binding contract between us and you will be created upon our acceptance or processing of your Order at which point the contract shall come into existence.

We shall ensure that the following information is given or made available to you prior to the formation of the Contract between Us and you save for where such information is already apparent from the context of the transaction:

The main characteristics of the Goods;
Our identity and contact details
The total Price for the Goods including taxes or, if the nature of the Goods is such that the Price cannot be calculated in advance, the manner in which it will be calculated;
Where applicable, all additional delivery charges or, where such charges cannot be calculated in advance, the manner in which they will be calculated;
Where applicable, the arrangements for payment, delivery and the time by which We undertake to deliver the Goods;
Our complaints policy;
We shall ensure that You are aware of Our legal duty to supply goods that are in conformity with the Contract;

Where applicable, details of after-sales services and commercial guarantees;

Where applicable, the functionality, including appropriate technical protection measures, of digital content; and

Where applicable, any relevant compatibility of digital content with hardware and software that we are aware of or might reasonably be expected to be aware of.

3. Orders
All Orders for Goods made by you will be subject to these Terms and Conditions.

You may change your Order at any time before we despatch the Goods by contacting us and subject to our agreement. Requests to change Orders do not need to be made in writing.

If your Order is changed we will inform you of any change to the Price in writing.

You may cancel your Order at any time before we despatch the Goods by contacting us and subject to our agreement. If you have already paid for the Goods under Clause 9, the payment will be refunded to you within three working days. If you request that your Order be cancelled, you must confirm this cancellation in writing.

We may cancel your Order at any time before we despatch the Goods in the following circumstances:
The Goods are no longer in stock and We are unable to re-stock (if, for example, the Goods are discontinued); or an event outside of Our control
If we cancel your Order and you have already paid for the Goods the payment will be refunded to you within three working days If We cancel your Order, the cancellation will be confirmed by us in writing

4. Description and Specification of Goods
We have made every reasonable effort to ensure that the Goods conform to illustrations, photographs and descriptions provided in our sales and marketing literature. We cannot, however, guarantee that all descriptions, illustrations and/or photographs will be precisely accurate due to discrepancies that may arise during the printing process OR differences in the colour reproduction of electronic displays.

If We find, or are made aware of, any typographical, clerical or other accidental errors or omissions in any sales and marketing literature, price lists or any other documents We will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible. If, as a result of any such error or omission, you have received the wrong Goods, you may return those Goods to us. If, as a result of any such error or omission, you have paid too much, we will refund the excess paid for the Goods.

We reserve the right to make any changes in the specification of the Goods that may be required to conform to any applicable safety or other legal or regulatory requirements without notice.

5. Availability and delivery
Your order will be fulfilled by the delivery date given by the Seller or, if no delivery date is specified, then within the time agreed by the Seller which is subject to change.

Delivery will be made to the address specified in your order.

Orders placed before the specified cut off time will be processed the same day and will be delivered in accordance with your delivery request.

Delivery charges are applicable for all goods unless agreed otherwise by the Seller.

Delivery of the Goods shall be made to the Buyer’s address. The Buyer shall make all arrangements necessary to take delivery of the Goods on the day notified by the Seller for delivery.

The Seller undertakes to use its reasonable endeavours to despatch the Goods on an agreed delivery date, but does not guarantee to do so. Time of delivery shall not be of the essence of the contract.

The Seller shall not be liable to the Buyer for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the Goods. If short delivery does take place, the Buyer may not reject the Goods but shall accept the Goods delivered as part performance of the contract, and a pro-rata adjustment to the Price shall be made.

If the Buyer fails to take delivery of the Goods on the agreed delivery date or, if no specific delivery date has been agreed, when the goods are ready for despatch, the Seller shall be entitled to store and insure the Goods and to charge the Buyer the reasonable costs of so doing.

6. Acceptance of the Goods
The Buyer shall be deemed to have accepted the Goods three days after delivery to the Buyer.

6.1 The Buyer shall carry out a thorough inspection of the Goods within three days and give notice in writing to the seller after discovering that some or all of the goods do not comply with the Warranty above, the Buyer must return the Goods to the Seller at the Buyer’s cost and the Seller shall, at its option, repair or replace any Goods that are defective, or refund the price of such defective Goods.

6.2 Where the Buyer has accepted, or has been deemed to have accepted, the Goods the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.

7. Payment and Interest
7.1 Payment of the Price, Delivery and VAT shall be due within 30 days of the date of the Seller’s invoice.

7.2 Interest on overdue invoices shall accrue from the date when payment becomes due calculated on a daily basis until the date of payment at the rate of 2% per annum above the Bank of England base rate from time to time in force. Such interest shall accrue after as well as before any judgment.

7.3 The Buyer shall pay all accounts in full and not exercise any rights of set-off or counter-claim against invoices submitted by the Seller.

8. Our Returns policy
A full copy of our Returns Policy is available on our website.

When you return a Product to us:

We will examine the returned Product and if you are entitled, we will notify you of our intentions to either repair, replace or refund via e-mail within a reasonable period of time. We will usually process your repair, replacement or refund as soon as possible and, in any case, within 30 days of receiving the defective Product. If you elect a refund of a Product returned by you because of a defect it will be refunded as per our refunds policy, including a refund of the part of the delivery charge which related to that defective Product for sending the item to you and the cost incurred by returning the defective Product to us. If you are entitled to a repair or replacement of a defective Product we will not charge you for redelivery of the repaired or replaced Product.

Any Orders that are over 6 months old and the Product has been confirmed to be defective and a refund is due, the refund will be calculated based on the age of the Order and you will be refunded a proportionate amount of the original purchase price of the product. This does not include the carriage cost of the original Order which will not be refunded.

Refunds of any money received from you will be made using the same payment method originally used by you to pay for your purchase and paid back into the same account.

The Seller warrants that for a period of one year commencing on the date of delivery of the Goods (Warranty Period), the Goods shall:
conform with their description;
be of satisfactory quality with the meaning of the Sale of Goods Act 2015;
and be fit for any purpose held out by the Seller.
Should you need to return a faulty product, please call technical support on 01420 85470 and they will issue a RMA number for the goods to be returned.

9. Title and risk
9.1 Risk shall pass on delivery of the Goods to the Buyer’s address.

9.2 Notwithstanding the earlier passing of risk, title in the Goods shall remain with the Seller and shall not pass to the Buyer until the amount due under the invoice for them (including interest and costs) has been paid in full.

9.3 Until title passes the Buyer shall hold the Goods as bailee for the Seller and shall store or mark them so that they can at all times be identified as the property of the Seller.

9.4 The Seller may at any time before title passes and without any liability to the Buyer:

9.4.1 repossess and dismantle and use or sell all or any of the Goods and by doing so terminate the Buyer’s right to use, sell or otherwise deal in them; and

9.4.2 for that purpose (or determining what if any Goods are held by the Buyer and inspecting them) enter any premises of or occupied by the Buyer.

9.5 The Seller may maintain an action for the price of any Goods notwithstanding that title in them has not passed to the Buyer.

10. Force Majeure
10.1 For the purposes of this Contract, Force Majeure Event means an event beyond the reasonable control of the Seller including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the Seller or any other party), failure of a utility service or transport network, act of God, war, terrorism, riot, civil commotion, interference by civil of military authorities, national or international calamity, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, earthquake, epidemic or similar events, or default of suppliers or subcontractors.

10.2 The Seller shall not be liable to the Buyer as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event.

10.3 If the Force Majeure Event prevents the Seller from providing any of the Goods for more than two weeks, the Seller shall, without limiting its other rights or remedies, have the right to terminate this Contract immediately by giving written notice to the Buyer.

11. Limitation of Liability: THE BUYER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
11.1 Nothing in these Conditions shall limit or exclude the Seller's liability for:

11.1.1 death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;

11.1.2 fraud or fraudulent misrepresentation;

11.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or

11.1.4 defective products under the Consumer Protection Act 1987.

11.2 Subject to clause 11.1:

11.2.1 the Seller shall under no circumstances whatever be liable to the Buyer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and

11.3 After the Warranty Period, the terms implied by sections 13 to 15 of the Sale of Goods Act 2015 are, to the fullest extent permitted by law, excluded from the Contract.

11.4 This clause 11 shall survive termination of the Contract.

12. General
12.1 Notices.

12.1.1 Any notice or other communication given to a party under or in connection with this Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally or sent by prepaid first-class post or other next working day delivery service, or by commercial courier, fax [or e-mail].

12.1.2 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action

12.2 Waiver. A waiver of any right under the Contract or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

12.3 No partnership or agency. Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, nor constitute either party the agent of another party for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.

12.4 Third parties. A person who is not a party to the Contract shall not have any rights to enforce its terms.

12.5 This Contract contains the entire agreement and understanding of the parties relating to the subject matter of this Contract and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between the parties, whether written or oral.

12.6 Variation. Except as set out in these Conditions, no variation of the Contract, including the introduction of any additional terms and conditions shall be effective unless it is agreed in writing and signed by the Seller.

12.7 Governing law. This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

12.8 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).

12.9 Data Protection
Any and all personal information that we may collect will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights and our obligations under that Act.
We may use your personal information to:
Reply to any communications you send to Us;
Send you an important notice
We will not pass on your personal information to any third parties.

13. Changes to these Terms and Conditions
We may alter these Terms and Conditions at any time. If we do so, details of the changes will be highlighted at the top of this page. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.

In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

14. Contacting Us
To contact us, please email us at sales@ceratech.co.uk or using any of the methods provided on our contact page at www.ceratech.co.uk\articles.asp?ID=57.

15. Communications from Us
If we have your contact details, we may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes and changes to these Terms and Conditions.

Any and all marketing emails sent by us include an unsubscribe link. If you opt out of receiving emails from us at any time, it may take up to 30 business days for your new preferences to take effect.

For questions or complaints about communications from us (including, but not limited to marketing emails), please contact us at sales@ceratech.co.uk

16. Transfer of rights and obligations
The contract between you and us is binding on you and us and on our respective successors and assigns.

You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time

17. Severability
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.



Ceratech’s Consumer Terms & Conditions Of Supply (B2C)


These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, www.ceratech.co.uk (“Our Site”). Please read these Terms and Conditions carefully and ensure that you understand them. Your agreement to comply with and be bound bythese Terms and Conditions is deemed to occur upon your first use of Our Site and You may be required to read and accept these Terms and Conditions when signing up for an Account. If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our Site immediately.

1. Information about us
Our Site, www.ceratech.co.uk is owned and operated by Ceratech Accuratus Ltd, a private limited company registered in England under 09085204, whose registered is 1 Omega Park, Wilsom Road, Alton, Hants, GU34 2QE and whose trading address is Ceratech House, Unit 3 Grove Park, Mill Lane, Alton, Hants, GU34 2QG. Our VAT number is GB 190 777 669

2. Access to Our Site
Access to Our Site is free of charge. It is your responsibility to make any and all arrangements necessary in order to access Our Site.
Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

3. Accounts
Certain parts of Our Site (including the ability to purchase goods from us) may require an Account in order to access them.
You may not create an Account if you are under 18 years of age. If you are under 18 years of age and wish to use the parts of Our Site that require an Account, your parent or guardian should create the Account for you and you must only use the Account under their supervision.

When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up to date.

We recommend that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers and symbols. It is your responsibility to keep your password safe. You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact us immediately. We will not be liable for any unauthorised use of your Account.You must not use anyone else’s Account without the express permission of the User to whom the Account belongs.

Any personal information provided in your Account will be collected, used, and held in accordance with your rights and our obligations under the Data Protection Act 1998, as set out in Clause 12.

If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information. Closing your Account will also remove access to any areas of Our Site requiring an Account for access.
If you close your Account, any reviews, comments etc you have created on Our Site will be deleted.

4. Contract
These Terms and Conditions govern the sale of goods by us and will form the basis of the Contract between Us and you. Before placing your Order, please ensure that you have read these Terms and Conditions carefully. If you are unsure about any part of these Terms and Conditions, please ask us for clarification.

Any sales and marketing literature, price lists and other documents provided by us do not constitute a contractual offer capable of acceptance. Your Order constitutes a contractual offer that we may, at our discretion, accept.

A legally binding contract between us and you will be created upon our acceptance of your Order, indicated by Our Order Confirmation. Order Confirmations will be provided in writing.

We shall ensure that the following information is given or made available to you prior to the formation of the Contract between Us and you, save for where such information is already apparent from the context of the transaction:-

4.1 The main characteristics of the Goods.

4.2 Our identity and contact details.

4.3 The total Price for the Goods including taxes or, if the nature of the Goods is such that the Price cannot be calculated in advance, the manner in which it will be calculated.

4.4 Where applicable, all additional delivery charges or, where such charges cannot be calculated in advance, the manner in which they will be calculated.

4.5 Where applicable, the arrangements for payment, delivery and the time by which We undertake to deliver the Goods.

4.6 Our complaints policy.

4.7 We shall ensure that you are aware of Our legal duty to supply goods that conform to the Contract.

4.8 Where applicable, details of after-sales services and commercial guarantees.

4.9 Where applicable, the functionality, including appropriate technical protection measures, of digital content.

4.10 Where applicable, any relevant compatibility of digital content with hardware that We are aware of or might reasonably be expected to be aware of.

5. Orders
All Orders for Goods made by you will be subject to these Terms and Conditions.

You may change your Order at any time before we despatch the Goods by contacting us. Requests to change Orders do not need to be made in writing.

If your Order is changed we will inform you of any change to the Price in writing.

You may cancel your Order at any time, before we despatch the Goods, by contacting us. If you have already paid for the Goods under Clause 8, the payment will be refunded to you within three working days. If you request that your Order be cancelled, you must confirm this cancellation in writing.

We may cancel your Order at any time before we despatch the Goods in the following circumstances:
The Goods are no longer in stock and We are unable to re-stock (if, for example, the Goods are discontinued).
Or any event outside of Our control.
If we cancel your Order and you have already paid for the Goods the payment will be refunded to you within three working days. If We cancel your Order, the cancellation will be confirmed by us in writing.

If you order Products from our site for delivery outside the UK, they may be subject to export/import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict what they will be. Please contact your local customs office for further information before placing your order.

6. Description and Specification of Goods
We have made every reasonable effort to ensure that the Goods conform to illustrations, photographs and descriptions provided in our sales and marketing literature. We cannot, however, guarantee that all descriptions, illustrations and/or photographs will be precisely accurate due to discrepancies that may arise during the printing process or differences in the colour reproduction of electronic displays.

If We find, or are made aware of, any typographical, clerical or other accidental errors or omissions in any sales and marketing literature, price lists or any other documents, We will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible. If, as a result of any such error or omission, you have received the wrong Goods, you may return those Goods to us. If, as a result of any such error or omission, you have paid too much, we will refund the excess paid for the Goods.

We reserve the right to make any changes in the specification of the Goods that may be required to conform to any applicable safety or other legal or regulatory requirements without notice.

7. Availability and delivery
Your order will be fulfilled by the delivery date set out in the confirmation or, if no delivery date is specified, then as discussed with Us.

Delivery will be made to the address specified in your order.

Orders placed before the specified cut off time will be processed the same day and will be delivered in accordance with your delivery request.

There will be no delivery until cleared funds have been received.

8. Price and Payment
The price of any Products will be as quoted on our site.

These prices include VAT but exclude delivery costs, which will be added to the total amount due.

Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a confirmation.

Despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures, so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.

We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.

Payment for all Products must be by credit, debit card or paypal. We accept payment by Visa, Visa Electron, Mastercard, Maestro, Solo and Paypal. We shall not despatch any Products until we receive cleared funds. No payment shall be deemed to have been received until we have received cleared funds. Please be aware that if you are using Paypal as your payment method we reserve the right to not ship to unconfirmed addresses.

9. Our refunds policy
When you return a Product to us:

9.1 Because you have cancelled the Contract between us within the fourteen-day cooling-off period, we will process the refund due to you as soon as possible and, in any case, within 14 days of the day you have given notice of your cancellation, provided that the goods have been returned us in the same condition as delivered. In this case, we will refund the price of the Product in full, including the cost of sending the item to you, up to our cheapest delivery method. We will not refund premium delivery surcharges. However, you will be responsible for the cost of returning the item to us. We recommend that all items are returned via a recorded delivery method as we will not be liable for any damage or loss whilst in transit.

9.2 For any other reason, we will examine the returned Product and if you are entitled, we will notify you via e-mail of our intentions to either repair, replace or refund, within a reasonable period of time. We will usually process your repair, replacement or refund as soon as possible and, in any case, within 30 days of receiving the defective Product. If you elect to have a refund of a Product returned by you because of a defect, it will be refunded as per our refunds policy, including a refund of the part of the delivery charge which related to that defective Product for sending the item to you and the cost incurred by returning the defective Product to us. If you are entitled to a repair or replacement of a defective Product we will not charge you for re-delivery of the repaired or replaced Product.

Any Orders that are over 6 months old where the Product has been confirmed to be defective and a refund is due, the refund will be calculated based on the age of the Order and you will be refunded a proportionate amount of the original purchase price of the Product. This does not include the carriage cost of the original Order which will not be refunded.

Refunds of any money received from you will be made using the same payment method originally used by you to pay for your purchase and will be paid back into the same account.

10. Risk and title
The Products will be at your risk from the time of delivery.

Ownership of the Products will only pass to you when we receive full payment of all sums due.

11. Our Liability
The provisions of this Clause apply only to the use of Our Site and not to the sale of goods, which is governed separately by Our Sale of Goods Terms and Conditions.

To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.

To the fullest extent permissible by law, we exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.
If you are a commercial user, we accept no liability for loss of profits, sales, business or revenue, loss of business opportunity, goodwill or reputation, loss of anticipated savings, business interruption, or for any indirect or consequential loss or damage.

We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware, however subject to Clause
14, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.

We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes, including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

Nothing in these Terms and Conditions excludes or restricts our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

12. Data Protection
Any and all personal information that we may collect will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights and our obligations under that Act.

We may use your personal information to reply to any communications you send to Us or to send you important notices.

We will not pass on your personal information to any third parties.

13. Law and Jurisdiction
These Terms and Conditions, and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.

If you are a consumer, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales

14. Viruses, Malware and Security
We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.

You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.

You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.

You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.

By breaching these provisions , you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and we will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.

15. Privacy and Cookies
Use of Our Site is also governed by Our Cookie and Privacy Policies, available from www.ceratech.uk\terms_privacy.asp these policies are incorporated into these Terms and Conditions by this reference.

16. Changes to these Terms and Conditions
We may alter these Terms and Conditions at any time. If we do so, details of the changes will be highlighted at the top of this page. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.
In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

18. Contacting Us
To contact us, please email us at sales@ceratech.co.uk or using any of the methods provided on our contact page at www.ceratech.co.uk.

19. Communications from Us
If we have your contact details, we may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes and changes to these Terms and Conditions.

Any and all marketing emails sent by us include an unsubscribe link. If you opt out of receiving emails from us at any time, it may take up to 30 business days for your new preferences to take effect.

For questions or complaints about communications from us (including, but not limited to marketing emails), please contact us at sales@ceratech.co.uk

20. Transfer of rights and obligations
The contract between you and us is binding on you and us and on our respective successors and assigns.

You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

21. Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

Strikes, lock-outs or other industrial action;

Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

Impossibility of the use of public or private telecommunications networks;

The acts, decrees, legislation, regulations or restrictions of any government.

Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

22. Waiver
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

A waiver by us of any default shall not constitute a waiver of any subsequent default.

No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

23. Severability
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such terms, conditions or provisions will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.




Website Terms and Conditions


Background:
These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, www.ceratech.co.uk (“Our Site”). Please read these Terms and Conditions carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of Our Site. If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our Site immediately.

1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site; and
“We/Us/Our” means Ceratech Accuratus Ltd a company registered in England under 09085204, whose registered address is Ceratech House, Unit 3 Grove Park, Mill Lane, Alton, Hants. GU34 2QG and whose main trading address is Ceratech House, Unit 3 Grove Park, Mill Lane, Alton, Hants, GU34 2QG,

2. Information About Us
2.1 Our Site,www.ceratech.co.uk is owned and operated by Ceratech Accuratus Ltd whose details are above. Our VAT number is GB 190 777 669.
2.2 We are a member of the Federation of Small Businesses

3. Access to Our Site
3.1 Access to Our Site is free of charge. No part of Our Site requires payment of any kind in order to access or use it.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

4. Intellectual Property Rights
4.1 All Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties. All rights are reserved.
4.2 Subject to sub-Clauses 4.3 and 4.6 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.
4.3 You may:
4.3.1 Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
4.3.2 Download Our Site (or any part of it) for caching;
4.3.3 Print pages from Our Site;
4.3.4 Download extracts from pages on Our Site; and
4.3.5 Save pages from Our Site for later and/or offline viewing.
4.4 Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
4.5 You may not use any Content saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.
4.6 Nothing in these Terms and Conditions limits or excludes the provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; the making of personal copies for private use; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.

5. Links to Our Site
5.1 You may link to Our Site provided that:
5.1.1 You do so in a fair and legal manner;
5.1.2 You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
5.1.3 You do not use any logos or trade marks displayed on Our Site without Our express written permission; and
5.1.4 You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
5.2 You may link to any page of Our Site provided you comply with the remainder of this Clause 5.
5.3 Framing or embedding of Our Site on other websites is not permitted without Our express written permission. Please contact Us at sales@ceratech.co.uk for further information.
5.4 You may not link to Our Site from any other site the main content of which contains material that:
5.4.1 Is sexually explicit;
5.4.2 Is obscene, deliberately offensive, hateful or otherwise inflammatory;
5.4.3 Promotes violence;
5.4.4 Promotes or assists in any form of unlawful activity;
5.4.5 Discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
5.4.6 Is designed or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
5.4.7 Is calculated or is otherwise likely to deceive another person;
5.4.8 Is designed or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
5.4.9 Misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 5.4);
5.4.10 Implies any form of affiliation with Us where none exists;
5.4.11 Infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
5.4.12 Is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
5.5 The content restrictions in sub-Clause 5.4 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 5.4. You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content. You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.

6. Links to Other Sites
Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

7. Disclaimers
7.1 The Content on Our Site does not constitute advice on which you should rely. It is provided for general information purposes only. Professional or specialist advice should always be sought.
7.2 We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
7.3 We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.

8. Our Liability
8.1 To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.
8.2 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.
8.3 If you are a commercial user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
8.4 We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.
8.5 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
8.6 Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

9. Viruses, Malware and Security
9.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
9.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
9.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
9.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
9.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
9.6 By breaching the provisions of sub-Clauses 9.3 to 9.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.

10. Acceptable Usage Policy
10.1 You may only use Our Site in a manner that is lawful. Specifically:
10.1.1 You must ensure that you comply fully with any and all local, national or international laws and/or regulations;
10.1.2 You must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
10.1.3 You must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
10.1.4 You must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
10.2 We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 10 or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions:
10.2.1 Suspend, whether temporarily or permanently, your right to access Our Site;
10.2.2 Issue you with a written warning;
10.2.3 Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
10.2.4 Take further legal action against you as appropriate;
10.2.5 Disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
10.2.6 Any other actions which We deem reasonably appropriate (and lawful).
10.3 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.

11. Privacy and Cookies
Use of Our Site is also governed by our Privacy and Cookie Policy, available from our website. These policies are incorporated into these Terms and Conditions by this reference.

12. Changes to these Terms and Conditions
12.1 We may alter these Terms and Conditions at any time. I Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.
12.2 In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

13. Contacting Us
To contact Us, please email Us using any of the methods provided on our contact page at www.ceratech.co.uk.

14. Communications from Us
14.1 If We have your contact details, We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes and changes to these Terms and Conditions.
14.2 We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from Us at any time, it may take up to seven business days for your new preferences to take effect.
14.3 For questions or complaints about communications from Us including, but not limited to marketing emails, please contact Us at sales@ceratech.co.uk.

15. Data Protection
15.1 Any and all personal information that We may collect will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights and Our obligations under that Act.
15.2 We may use your personal information to:
15.2.1 Reply to any communications you send to Us;
15.2.2 Send you important notices, as detailed in Clause 14;
15.3 We will not pass on your personal information to any third parties.

16. Law and Jurisdiction
16.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
16.2 If you are a consumer, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
16.3 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.