- Throughout these conditions the following definitions apply: "the Seller" shall mean Link Technologies Limited or any subsidiary or associated company. "the Customer" shall mean any company or any subsidiary company or associated company or individual ordering, or accepting a quotation, for Link's products or services.
- These conditions shall be deemed to be incorporated into any contract, written or implied, for the Seller to supply products or services. Unless agreed in writing these conditions will apply to all orders.
Basis Of Sales
- Orders are accepted on the basis of published price lists or quotations and are accepted by telephone, in writing, by fax, by e-mail or internet. At the discretion of the Seller, written confirmation of orders may be required.
- All orders must be accompanied by a purchase order number.
- All goods and services are sold on the basis of specifications published in the Seller's product literature, specifications or web site. Any manufacture by the Seller of bespoke or custom product for a Customer shall be subject to a specification agreed by both parties in writing.
- Any changes or cancellation of an order once placed must only be by written agreement of the Seller. In the event that changes or cancellation of an order result in charges being incurred by the Seller, the Customer will be advised of such charges and in the event of proceeding with the change or cancellation will agree to pay the Seller these charges in full.
Delivery, Claims and Delays
- For deliveries within the UK: The Seller, unless otherwise stated, will arrange carriage and freight by overnight carrier for delivery next day on orders for products in stock received by 2pm UK time. Carriage and freight will be charged to the Customer's account at our advertised rate (and will appear on the invoice) except where the order total exceeds £100 ex. VAT. In this case carriage and freight costs are included in the invoiced price of products. Where special delivery is requested by the Customer, or is required by the nature of the goods (e.g. hazardous), all charges for such carriage freight and insurance will be charged to the Customers account at our advertised rate.
- For deliveries within the EU: The Seller, unless otherwise stated, will arrange carriage and freight for shipment on same day on orders for non-hazardous products in stock received by 2pm UK time. Carriage and freight will be charged to the Customer's account at our advertised rate (and will appear on the invoice) except where the order total exceeds €500 ex. VAT. In this case carriage and freight costs are included in the invoiced price of products. Where special delivery is requested by the Customer, or is required by the nature of the goods (e.g. hazardous), all charges for such carriage freight and insurance will be charged to the Customers account at our advertised rate.
- For deliveries outside the EU and UK: The Seller, unless otherwise stated, will arrange carriage and freight. Orders for non-hazardous products in stock received before 11am UK time will be shipped same day. All charges for carriage and freight will be charged to the Customer's account and will appear on the invoice, unless advised otherwise at time of ordering, except where the order total exceeds $750 and the shipment is destined for the US. In this case carriage and freight costs are included in the invoiced price of the products.
- Packing notes are sent with all shipments but the Seller provides no separate notification of despatch. The receipt of the invoice must be regarded as notification of despatch. Any claims for non-arrival of product must be received within 14 days of invoice date. Any claims for damage to goods in transit or failure of product to meet specification must be received within 3 days of receipt of goods.
- Although the Seller shall use all reasonable efforts to meet all contracted delivery dates, such dates are estimates only. The Seller shall not be liable in any circumstances for loss, whether direct or consequential, arising from any delay in delivery.
- The Seller reserves the right to make deliveries in instalments. All such instalments will be invoiced separately and paid for when due per invoice, without regard to any subsequent deliveries or instalments.
- Goods may not be returned for credit without the Seller's permission and then only in strict compliance with the Seller's return shipment instructions. The Seller reserves the right to subject any return of goods unrelated to a complaint to a re-stocking charge, acceptance of such goods being on the sole condition that they are returned in saleable condition.
Pricing and Payment
- For Customers with a credit account, terms are 30 days of date of invoice unless otherwise stated. In the event of delayed payment, the Seller reserves the right to make a charge of 2% per month on balances remaining unpaid.
- All prices are quoted exclusive of all taxes or duty. Any VAT, sales tax, excise duty or any other charge applied by any governmental authority will be paid by the Customer. In the event that the Seller is required to pay such charges the Seller will recover these charges from the Customer or be supplied with an exemption certificate or other document acceptable to the authority imposing the charge.
- Customers without credit account facilities with the Seller may be required to provide information regarding their credit worthiness. The Seller reserves the right to request Customers to pay in advance for goods and services ordered or to make payment by irrevocable letter of credit opened by the Customer in favour of the Seller and confirmed by a bank acceptable to the Seller.
- If the Seller is, in its sole opinion, concerned about the Customer's ability to pay in full at the due date the purchase price of the products the Seller may delay delivery of the products, alter the terms and conditions of the order or cancel the order at its option. In the event of cancellation of an order the Seller will have the right to dispose of any undelivered product in any way it sees fit without account to the Customer.
Warranty and Liability
- The Seller warrants that the products shall conform to the description of such products as provided to the Customer in the Seller's literature analytical data or other published material.
- The Seller will not be liable under this warranty in the event the Seller determines, in its sole discretion, that the Customer has misused the products in any way, has failed to use the products in accordance with industry standards and practices or has failed to use the products in accordance with any instructions supplied.
- Save for death or injury caused as a direct result of the Seller's negligence the Seller's sole and exclusive liability and the Customer's sole remedy with respect to products and services supplied which have been proved to the Seller's satisfaction to have been defective or non-conforming shall be the replacement of such products without charge or refund of the purchase price at the sole discretion of the Seller upon return of such products in accordance with the Seller's instructions.
- The Seller shall not in any event be liable for direct, indirect, incidental or consequential losses of any kind arising from any use or failure of the product.
Health and Safety
- The Seller's products are supplied primarily for laboratory research purposes and unless otherwise stated are not to be used for any other purpose.
- The Customer accepts that, unless otherwise stated, the products have not been tested by the Seller for safety and efficacy in food, drug medical device, cosmetic, or other commercial use. The Customer warrants and represents that it will ensure that all products purchased from the Seller are used in accordance with the practices of a person expert in the field and in strict compliance with all applicable laws and regulations. The Customer has the responsibility to verify and to conduct any research necessary to learn the hazards involved in using products purchased from the Seller.
Risk and Property
- Risk of damage to or loss of the products will pass to the Customer as soon as delivery is taken by the Customer.
- So long as any amounts remain owing to the Seller by the Customer title to the products will remain with the Seller. Until such time the Customer must maintain the products in good condition, properly stored and insured and shall deliver the products up to the Seller on request.
- In the event that products have been used in the normal course of business or have been resold, the Seller may maintain an action for the price of the products notwithstanding that title to them has not passed to the Customer.
Intellectual Property Disclaimer
- Whilst all products and services are supplied in good faith the Seller can give no undertaking that use or re-sale of products will not cause the Customer to infringe any patents or other intellectual property rights.
- The Seller will accept no liability for any claims made against the Customer for any infringement of patent rights, registered or unregistered trademarks or designs or copyright involved in the use or re-sale of products or services supplied by the Seller in their original condition or as used in conjunction with other products.
- Neither party shall be liable for any circumstances beyond their reasonable control.
- The contract shall be governed by and construed in accordance with Scottish law and the parties agree to submit to the jurisdiction of the Scottish Courts save that the Seller may at its discretion agree to refer any dispute to the courts of any jurisdiction in which the Customer carries or has carried on business.
Link Technologies, 3 Mallard Way, Strathclyde Business Park, Bellshill, Lanarkshire, ML4 3BF, Scotland.