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Terms and Conditions


1. GENERAL
1.1. All orders for products and services on the Instrumentation Systems & Services website ("issltd.co.uk") are accepted by Instrumentation Systems & Services Ltd ("ISS") subject to these terms and conditions of sale. No other terms will apply to the supply of products and services by ISS unless agreed in writing by an authorised signatory of ISS.
1.2. If a Customer or User of issltd.co.uk breaches these terms and conditions and ISS takes no action, ISS will still be entitled to use its rights and remedies in any other situation where the Customer or User of issltd.co.uk breaches these terms and conditions.
1.3. These terms and conditions do not apply to export transactions, to which separate terms and conditions of sale apply.
1.4. ISS is a business-to-business supplier. issltd.co.uk is intended for use by business customers and not for consumers or private individuals. Notwithstanding the foregoing, nothing in these terms and conditions shall affect the statutory rights of a Customer who deals as a consumer.

2. OUR CONTRACT
2.1. All descriptions of the products and services contained on issltd.co.uk or otherwise communicated to the Customer are approximate only and shall not form any part of the contract between ISS and the Customer.
2.2. The advertising of products and services in issltd.co.uk merely constitutes an invitation by ISS for the Customer to make an offer to purchase products and services.
2.3. When the Customer clicks 'Next' after entering payment details at the end of the checkout process this represents such an offer which is accepted by ISS when ISS send email confirmation to the Customer that they have despatched this order (a "Despatch Confirmation Email"). That acceptance will be complete at the time ISS send the Despatch Confirmation Email to the Customer.
2.4. Any products on the same order that have not gone through this process of acceptance do not form part of that contract.
2.5. Unless otherwise agreed in writing, the contract shall in all respects be construed and operated as an English contract and in conformity with English Law. All terms and conditions here only operate to the fullest extent permitted by law.

3. ORDERING
3.1. ISS reserves the right to decline to trade with any company or person. In addition, ISS 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, email or post within a reasonable period of receipt by ISS of the order. In such instances the Customer will not be charged for the order.
3.2. Generally, ISS will not charge for any item until it is ready to ship. However, in certain circumstances (e.g. unusual products) customers who pay by credit card may be asked to provide payment prior to order processing. In these cases the Customer will always have the option to either provide payment or cancel their order without charge.
3.3. ISS executes orders to the Customer's requirements, and does not substitute one product for another unless requested or permitted by the Customer, or unless the product has been superseded. 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 ISS next has available stock or be cancelled without penalty.
3.4. 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 '16. CANCELLATIONS' will apply.
3.5. Hard copies of the Customer's order documentation and hard and electronic copies of relevant ISS documentation will be kept on file by ISS to facilitate easy and accurate re-ordering in the future. This information will be made reasonably accessible upon request.
4. DELIVERY
4.1. ISS will aim to deliver products in accordance with the Customer's order.
4.2. Delivery prices apply per shipment, irrespective of the number of products ordered.
4.3. ISS currently ships UK orders by ANC Express Next Day service as standard. The price for this is set out in issltd.co.uk current at the time of order. This Next Day service is optionally upgradeable to Before 9, Before 10 or Before 12 if required with prices on application.
4.4. ISS currently ships overseas orders by the most cost-effective method that gives traceability. Due to the diverse pricing structures involved in international shipping it is impossible to provide both a cost-effective delivery and an estimate for costs prior to dispatch. The shipping price shown in the checkout process and receipt is for domestic shipping only and should be ignored by international customers. Once the Customer places an order the ISS Sales Office will contact them with details of the most cost-effective shipping method. Should the cost be unacceptable the Customer may cancel the order without penalty.

5. TIMES AND DELAYS
5.1. Times and dates for delivery quoted in issltd.co.uk or by ISS' employees are approximate only and ISS shall not be liable for the consequences of any delay in delivery. Time for delivery shall not be of the essence.
5.2. If any delivery is late, the Customer must notify ISS, and ISS shall endeavour to ascertain if the product has been delivered or the expected delivery time of the product to the Customer. If a revised delivery time is not acceptable ISS may also, at its discretion, offer an alternative delivery option. These are the Customer's exclusive remedies for late delivery.

6. INSPECTION
6.1. The Customer must refuse parcels delivered to them in a damaged condition.
6.2. The Customer must inspect the products as soon as is reasonably possible after delivery and shall, within three days of the date of delivery, give notice to ISS (with accompanying delivery note where relevant) in detail of:
6.2.1. Any defect in the product that is apparent on reasonable examination. In this case ISS shall, at its discretion, replace the product (original to be returned at the Customer's cost and risk) or refund the purchase price;
6.2.2. Any shortfall in products delivered. In this case ISS shall, at its discretion, deliver the undelivered products or refund the price of the undelivered products;
6.2.3. Any delivery of products not in accordance with the order. In this case ISS shall, at its discretion, replace the products (originals to be returned at the Customer's cost and risk) or refund the purchase price; or
6.2.4. Any non-delivery of invoiced products, in which case the time limit is within three days of the invoice date. In this case ISS shall, at its discretion, despatch the undelivered products or refund the price of the undelivered products.
6.3. 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. Section 32(2) and 32(3) of the Sale of Goods Act 1979 shall not apply. ISS' 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.
6.4. The remedies set out above are the Customer's exclusive remedies for apparent defects in the products, short delivery of products, delivery of products not in accordance with the order and non-delivery of invoiced products. ISS shall not be liable for any losses, consequential or otherwise, arising from these circumstances.
7. RISK AND OWNERSHIP
7.1. Risk of loss of or damage to the products in transit shall pass to the Customer immediately on despatch.
7.2. Absolute ownership of the products shall not pass to the Customer until all sums due to ISS from the Customer for all products ordered from ISS have been received by ISS (in cash or cleared funds).
7.3. If a Customer with credit terms is late in paying any sum to ISS, then ISS shall be entitled to the immediate return of all products where the ownership has not passed to the Customer.
7.4. The Customer agrees to store, record and identify as appropriate goods in such a way that they are readily identifiable as the property of ISS, whether on the Customer's premises or elsewhere and authorises ISS and its agents to recover the products, and to enter any premises of the Customer for that purpose.
7.5. Demand for or recovery of the products by ISS shall not of itself discharge either the Customer's liability to pay the whole of the price and take delivery of the products or ISS' right to sue for the whole of the price.

8. REMITTANCE TERMS
8.1. ISS payment terms for registered customers are strictly thirty (30) days from date of invoice and observance of this is essential to ensure future deliveries. If payment is not made by due date an interest charge may be made monthly on the outstanding amount at two per cent above the current Bank Rate.
8.2. Customers unregistered with ISS must pay by pro-forma invoice, or by credit and debit card (Delta, Electron, Fortoak, JCB, Maestro, Mastercard, Solo, UK Maestro, Visa). Customers may send their credit card information to ISS via telephone, fax, post or over the internet. Information is stored in accordance with the ISS Privacy Policy.

9. TAX CHARGES
9.1. For orders made from the UK, 17.5% VAT is added. For orders made from the European Union, 17.5% VAT is added unless the Customer checks the exemption box. All other orders are VAT free.

10. CREDIT CARD SECURITY
10.1. All credit card numbers are encrypted in software when the order is placed using 128-bit encryption and decrypted only after they reach the ISS server. They are not held in clear text on any website.

11. CUSTOMS
11.1. When ordering goods from ISS for delivery outside of the European Union a Customer may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance are borne by the Customer; ISS has no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country; it is therefore recommended that the Customer contacts their local customs office for further information.
11.2. Additionally, when ordering from ISS the Customer is considered the importer of record and must comply with all laws and regulations of the country in which they receive the goods. See the ISS Privacy Policy for more information on this subject.
12. PRODUCT AND AVAILABILITY INFORMATION
12.1. ISS 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 issltd.co.uk.
12.2. Unless otherwise confirmed, nothing in issltd.co.uk is to be taken as a representation of the source of origin, manufacture, or production of the products or any part of them.

13. SERVICES
13.1. ISS offers the following services in respect of the products: repair, recalibration, programming.
13.2. ISS may quote a turnaround time target for these services, but ISS shall be under no liability if it fails to comply with such target.
13.3. 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).
13.4. The conditions which apply to each of these services are set out below.

13.4.1. Repairs:
13.4.1.1. 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).
13.4.1.2. Any instructions set out in the repair information supplied with the product in question must be complied with, as must the ISS Returns Procedure as follows.
13.4.1.3 RETURNS PROCEDURE
13.4.1.3.1 Before returning any goods the Customer should first contact ISS via telephone, facsimile, post or at support@issltd.co.uk to try and resolve any issues as quickly as possible, and to receive notification of return details and an RMA number, which is to be quoted on all paperwork.
13.4.1.3.2. The Customer must then return the products suitably packaged and, where relevant, returned in accordance with any particular instructions which ISS may have notified to the Customer at the time of supply. All returns are sent to ISS at the Customer's cost and risk.
13.4.1.3.3. Returned products or parts must be accompanied by an advice note stating the original invoice number in respect of the products, the RMA number and the nature of any claimed defect, together with such further information as ISS may at the time of supply have stipulated.
13.4.1.4. Where the Customer returns products otherwise than in accordance with these provisions, ISS may refuse such products and return them to the Customer at the cost of the Customer.
13.4.1.5. ISS may at its absolute discretion either repair the product or replace it with a substitute product.
13.4.1.6. Any products which are replaced by ISS shall become the property of ISS. Title to replacement products shall pass to the Customer on delivery, and the period of the replacement product's warranty shall be calculated from the date of despatch and invoice. The period of a repaired product's warranty shall also be calculated from the date of despatch and invoice.
13.4.1.7. Any Customer-generated software returned with a product may be erased or otherwise destroyed on receipt and ISS shall not be under any liability whatsoever in respect of any data contained in such software.
13.4.1.8. If the product is under warranty (see '14. WARRANTY' for more information) ISS will repair free of charge.
13.4.1.9. If the product is not under warranty ISS will advise the Customer of costs before proceeding. If the repair is not proceeded with after receipt of a costs quotation, ISS reserve the right to charge an inspection fee of £35.00 and return the product at the Customer's cost and risk.
13.4.1.10. Where product or part is returned as faulty or for examination and no fault is found, a handling charge of £35.00 may be made in addition to the cost of return of goods.

13.4.2. Calibration:
13.4.2.1. ISS 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. Full details are supplied by ISS on request.

13.4.3. Programming
13.4.3.1. The Customer shall be liable to ISS for any damage and/or expense to ISS arising from any computer virus present in any media supplied to ISS by the Customer for use in programming or software-based services.
13.4.3.2. Any data or programmes contained in Customer's devices may be erased or otherwise destroyed and ISS shall not be under any liability whatsoever in respect of any such data or programmes.
13.4.3.3. The Customer must advise ISS of its specific requirements and ISS accepts no liability if the Customer fails to do this.
13.4.3.4. The Customer warrants that the copying or processing by ISS of any programme supplied to ISS in any form will not infringe the intellectual property or other rights of any third party.
14. WARRANTY
14.1. ISS warranty details
14.1.1. For goods purchased from ISS: ISS 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 ISS within 12 months of the original date of despatch, or such other longer period as may be indicated by ISS for specific products from time to time in writing, and the provisions below. Note that software is not included in this warranty.
14.1.2. For services purchased from ISS (as referred to in '13. SERVICES'): ISS warrants that if any service is defective, it will, at its option, either rectify the service or supply to the Customer free of charge a substitute product in place of the defectively serviced product. This warranty is subject to a claim being made in writing to ISS within 12 months of the date of the invoice, or such other longer period as may be indicated by ISS for specific services from time to time in writing, and the provisions below.
14.2. These warranties 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 ISS.
14.3. WARRANTY RETURNS PROCEDURE
14.3.1. Before returning any goods the Customer should first contact ISS via telephone, facsimile, post or at support@issltd.co.uk to try and resolve any issues as quickly as possible, and to receive notification of return details and an RMA number, which is to be quoted on all paperwork.
14.3.2. The Customer must then return the products suitably packaged and, where relevant, returned in accordance with any particular instructions which ISS may have notified to the Customer at the time of supply. All returns are sent to ISS at the Customer's cost and risk.
14.3.3. Returned products or parts must be accompanied by an advice note stating the original invoice number in respect of the products, the RMA number and the nature of any claimed defect, together with such further information as ISS may at the time of supply have stipulated.
14.4. Where the Customer returns products otherwise than in accordance with these warranty provisions, ISS may refuse such products and return them to the Customer at the cost of the Customer; the ISS warranty shall not apply and ISS shall be discharged from all liability arising from the supply of defective goods to the fullest extent permitted by law.
14.5. Any products which are replaced by ISS shall become the property of ISS. Title to replacement products shall pass to the Customer on delivery, and the period of the replacement product's warranty shall be calculated from the date of despatch and invoice.
14.6. Where product or part is returned as faulty or for examination and no fault is found, a handling charge for time spent at ISS' current charging rate of £65.00 per hour (minimum charge £35.00) may be made in addition to the cost of return of goods
14.7. The remedies set out above shall be ISS' sole liability and the Customer's sole remedy for any breach of warranty. Save as expressly provided in these terms and conditions, all implied guarantees, warranties, terms and conditions (whether statutory or otherwise) are excluded to the fullest extent permitted by law. ISS will not be liable to the Customer for any loss of any kind whatsoever which arises out of the breach of implied guarantees, warranties, terms or conditions (statutory or otherwise) or breach of any other duty of any kind imposed on ISS by operation of law.
14.8. 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.

15. LIABILITY
15.1. ISS will be responsible for any losses the Customer suffers as a result of ISS breaching these conditions if the losses were reasonably foreseeable to both ISS and the Customer when the Customer commenced using issltd.co.uk, or a contract for the sale of goods by ISS to the Customer was formed.
15.2. ISS shall not be liable for any business loss including intellectual property rights infringement, punitive damages, loss of revenue, loss of profits, loss of expected future business, loss of anticipated savings, loss of data, wasted expenditure, damage to reputation or goodwill, loss of any order or contract or any other consequential or indirect loss or damage, all as may result from, or be connected with:
15.2.1. Any express or implied terms of the contract between ISS and the Customer, or of any order accepted by ISS;
15.2.2. Any duty of any kind imposed on ISS by law arising out of or in relation to the contract or order;
15.2.3. Any defect in the products or services; or
15.2.4. Any other reason that is not reasonably foreseeable to both ISS and the Customer when the Customer commenced using issltd.co.uk or when a contract for the sale of goods by ISS to the Customer was formed.
15.3. ISS shall not be under any liability for damage, loss or expenses resulting from the failure to give advice or information or the giving of incorrect advice or information whether or not due to its negligence or that of its employees, agents or sub-contractors.
15.4. ISS does not limit in any way its liability by law for death or personal injury caused from its negligence or breach of duty or caused by its gross negligence or wilful misconduct.
16. CANCELLATIONS
16.1. The Customer may not cancel orders once accepted by ISS.
16.2. ISS may, at its discretion and in writing, allow an order to be cancelled subject to ISS recovering from the Customer the costs incurred by ISS. This charge will be a minimum of 10% of the selling price and, where equipment is specially manufactured or stocked, or where it cannot be returned to ISS' supplier(s), generally a maximum of 75% of the selling price.
16.3. However, in certain circumstances (e.g. unusual products) customers who pay by credit card may be asked to provide payment prior to order processing (see '3. ORDERING'). Here, cancellation is unavailable; ISS will retain 100% of the sale price.
16.4. In the event of part cancellation, ISS 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.
16.5. Save as expressly provided in these terms and conditions, all implied rights of return (whether statutory or otherwise) are excluded to the fullest extent permitted by law.
16.6. A Customer in the EU dealing as a consumer has a 'cooling-off' period of 7 days following receipt of goods in which goods may be returned, at the Customer's cost and risk, for a refund. Goods must be in the same condition as despatched (unused, unopened and boxed), and software, calibrated products, or specially manufactured products are excluded. ISS accepts no responsibility for any loss of or damage to products in transit or for any items received by ISS with them.

17. FORCE MAJEURE
17.1. A force majeure event is any event beyond the reasonable control of ISS (including strikes, traffic congestion, the downtime of any external line, or ISS' inability to procure services, materials or articles required for the performance of the contract except at enhanced prices).
17.2. If ISS is prevented or restricted from carrying out all or any of its obligations under these terms and conditions by reason of any force majeure event, then ISS 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.
17.3. If the force majeure event continues for a period longer than 14 days, ISS may cancel the affected order or cancel the whole or any part of these terms and conditions, without any liability to the Customer.
17.4. This condition does not affect relevant statutory rights.

18. PRIVACY
18.1. Please review the ISS Privacy Policy, which governs visits to issltd.co.uk, to understand ISS privacy practices.

19. CUSTOMER ACCOUNTS
19.1. If users use the 'log-in' area of issltd.co.uk, they are responsible for maintaining the confidentiality of their username and password and for restricting access to their computer(s) to prevent unauthorised access to their account. Users agree to accept responsibility for all activities that occur under their username or password. Users should take all necessary steps to ensure that the password is kept confidential and secure and should inform ISS immediately should they have any reason to believe that their password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
19.2. Users are asked to ensure that the details they provide ISS with are correct and complete and to inform ISS immediately of any changes to the information that they provided when registering.
19.3. ISS reserves the right to refuse access to issltd.co.uk, terminate accounts, remove or edit content, or cancel orders at its discretion. If ISS cancels an order, it will be without charge to the Customer (see '3. ORDERING').
20. LICENCE FOR WEBSITE ACCESS
20.1. ISS grants any User of issltd.co.uk a limited licence to access and make personal use of issltd.co.uk, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of ISS. This licence does not include any resale or commercial use of issltd.co.uk or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of issltd.co.uk or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
20.2. issltd.co.uk or any portion of issltd.co.uk may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of ISS.
20.3. Any User of issltd.co.uk may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ISS without express written consent. Any unauthorised use terminates the permission or license granted by ISS.
20.4. Any User of issltd.co.uk is granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of issltd.co.uk as long as the link does not portray ISS, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. Users may not use the ISS 'i' logo or other proprietary graphic or trademark as part of the link without the express written consent of ISS.

21. USER CONDUCT
21.1. Users must not use issltd.co.uk in any way that causes, or is likely to cause, issltd.co.uk or access to it to be interrupted, damaged or impaired in any way. Users understand that they, and not ISS, are responsible for all electronic communications and content sent from their computer to ISS and they must use issltd.co.uk for lawful purposes only. Users must not use issltd.co.uk for any of the following:
21.1.1. for fraudulent purposes, or in connection with a criminal offence or other unlawful activity;
21.1.2. to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any 'spam;' or
21.1.3. to cause annoyance, inconvenience or needless anxiety.

22. ACCESS TO ISSLTD.CO.UK
22.1. ISS shall endeavour to ensure that availability of issltd.co.uk will be uninterrupted and that transmissions will be error-free; however, due to the nature of the internet, this cannot be guaranteed. Also, users' access to issltd.co.uk may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. ISS shall attempt to limit the frequency and duration of any such suspension or restriction.

23. ELECTRONIC COMMUNICATIONS
23.1. When users visit issltd.co.uk or send emails to ISS, they are communicating with ISS electronically. ISS communicate with users by phone, fax, email or by posting notices on issltd.co.uk. For contractual purposes, users consent to receive communications from ISS electronically and agree that all agreements, notices, disclosures and other communications that ISS provides to them electronically satisfy any legal requirement that such communications be in writing. This condition does not affect relevant statutory rights.
24. DISCLAIMERS
24.1. ISS makes no warranties, representations or undertakings about:
24.1.1. Any of the content of issltd.co.uk (including, without limitation, any as to the quality, accuracy, completeness or fitness for purpose of any such content); or
24.1.2. Any content of any other website referred to or accessed by hypertext links or otherwise through issltd.co.uk ("Third Party Site").
24.2. ISS does not endorse or approve the content of any Third Party Site, nor will ISS have any liability in connection with any of them (including, but not limited to, liability arising out of any allegation that the content of any Third Party Site infringes any law or the rights of any person or is obscene, defamatory or scandalous).

25. ALTERATION OF SERVICE OR AMENDMENTS TO THE TERMS
25.1. ISS reserves the right to correct errors on and make changes to issltd.co.uk (including prices and offers), policies, and these terms and conditions at any time without liability to the User or Customer. Users and customers will be subject to the policies and terms and conditions in force at the time that they use issltd.co.uk or that they order goods from ISS, unless any change to those policies or these conditions is required to be made by law or government authority. If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

26. OUR DETAILS
issltd.co.uk is the company website of and is operated by Instrumentation Systems & Services Limited.

Instrumentation Systems & Services Ltd
Unit 1
Wilmot Hall
Golden Butts Road
ILKLEY
West Yorkshire
LS29 8HS
United Kingdom

Registered Number: 2612775
VAT Registration Number: 557 2042 51

Registered Office:
Century House
Clarendon Road
LEEDS
West Yorkshire
LS2 9PG

Instrumentation Systems & Services Ltd is a companion company of the Institute of Measurement and Control and a member of the Federation of Small Businesses.

You can contact us by clicking Contact Us.


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