1.0 DEFINITIONS AND SCOPE
1.1 In these Terms and Conditions references to DC Voltage Gradient Technology and Supply (DCVG Ltd.) and to the Customer are to any person, firm, company, public authority or agency with whom DC Voltage Gradient Technology and Supply Ltd enters into a sale or hire contract.
1.2 These Terms and Conditions shall apply to all orders placed with DC Voltage Gradient Technology and Supply Ltd. for the sale or hire of goods. Unless expressly agreed in writing signed by a duly authorized signatory of DC Voltage Gradient Technology and Supply Ltd. these Terms and Conditions shall prevail over any inconsistent terms, communication or other form of contract. No order shall be binding until DC Voltage Gradient Technology and Supply Ltd has accepted it under the Terms and Conditions set out in this document.
2.1 Unless DC Voltage Gradient Technology and Supply Ltd. states otherwise in writing, the price for the sale or hire of goods shall be DC Voltage Gradient Technology and Supply Ltd’s list price for the sale or hire of those goods at the date of dispatch and DC Voltage Gradient Technology and Supply Ltd. may vary the list price after the date of the order to reflect any increase in costs.
2.2 Unless DC Voltage Gradient Technology and Supply Ltd. states otherwise in writing, all prices are exclusive of value added tax, duties, tariffs, levies, carriage, insurance, freight and any special packing requirements. At the Customer’s request and expense DC Voltage Gradient Technology and Supply Ltd. may as agent of the Customer, arrange carriage of the goods at the Customers expense.
2.3 Firm written quotations issued by DC Voltage Gradient Technology and Supply Ltd. are valid for orders received by DC Voltage Gradient Technology and Supply Ltd. within 90 days of the quotation date unless otherwise stated.
3.1 Unless DC Voltage Gradient Technology and Supply Ltd. states otherwise in writing, all payments shall be made with an Order and shall be due in Sterling, Euro or US Dollars in Cash, Bank Transfers or Cleared Funds for Cheques. Only in special cases shall payment be agreed to be thirty (30) days after date of DC Voltage Gradient Technology and Supply Ltd. Invoice and shall be paid by the Customer without any set-off, deduction or counterclaim.
3.2 DC Voltage Gradient Technology and Supply Ltd reserves the right to change payment conditions and always insist upon all payments for goods to be made prior to dispatch of the goods from the premises of DC Voltage Gradient Technology and Supply Ltd.
3.3 If the customer fails to pay any sum due to DC Voltage Gradient Technology and Supply Ltd with an Order or on any account due date, DC Voltage Gradient Technology and Supply Ltd. may in addition to any other right suspend performance of its obligations under any or all contracts with the Customer and / or charge interest (before and after any judgment) on any overdue payment at the rate of 2% above the annual base lending rate of Barclays Bank compounded quarterly from the due date until payment is made in full. The Customer shall indemnify DC Voltage Gradient Technology and Supply Ltd. in full against all fees, costs and expenses incurred in collecting any sum payable to DC Voltage Gradient Technology and Supply Ltd.
3.4 The Customer may not cancel any Sales Order.
4.1 All times and dates for dispatch or delivery of goods are estimates only given in good faith but without liability on the part of DC Voltage Gradient Technology and Supply Ltd. The delivery date of any specialized equipment developed on behalf of a client shall be subject to periodic review. Time of dispatch or delivery is not of the essence.
4.2 Unless agreed otherwise in writing, DC Voltage Gradient Technology and Supply Ltd. may deliver goods in installments and invoice for and receive payment prior to dispatch for each installment separately. Goods subject to development shall be delivered at times when DC Voltage Gradient Technology and Supply Ltd are technically satisfied with the performance of such goods.
4.3 DC Voltage Gradient Technology and Supply Ltd. shall not be liable for non-delivery or loss of or damage to goods occurring prior to delivery unless claims to that effect are notified to DC Voltage Gradient Technology and Supply Ltd. within three days after delivery (in the case of loss or damage) or seven days after the date of DC Voltage Gradient Technology and Supply Ltd’s invoice (in the case of non-delivery).
4.4 Goods are not sold on a sale or return basis and may not be returned without DC Voltage Gradient Technology and Supply Ltd. express prior consent.
5.0 EXPORT CONDITIONS
5.1 These Terms and Conditions apply where goods are supplied for export from the United Kingdom. If the Customer is located outside the United Kingdom, DC Voltage Gradient Technology and Supply Ltd. will require prepayment in full or a confirmed irrevocable letter of credit for the full price of the goods.
5.2 The Customer is responsible for complying with all laws and regulations governing the import of the goods into their country and for ensuring that the goods comply with all laws, regulations and licensing requirements of the country to which they are exported. The Customer shall indemnify DC Voltage Gradient Technology and Supply Ltd. against the consequences of any breach of those laws, regulations and licensing requirements.
5.3 The uniform law on international sale shall not apply, nor shall Section 32(3) of the Sales of Goods Act 1979. When goods are handed to a carrier or United Kingdom port for export to the Customer, that carrier or port shall be treated as an agent of DC Voltage Gradient Technology and Supply Ltd. for the purposes of Section 44, 45 and 46 of the Sale of Goods Act 1979.
6.0 TITLE AND RISK
6.1 In the case of sale Orders, the goods shall remain the property of DC Voltage Gradient Technology and Supply Ltd. until the purchase price and any other sum owing to DC Voltage Gradient Technology and Supply Ltd. by the Customer on any other accounts have been paid in full. This shall not prevent DC Voltage Gradient Technology and Supply Ltd. from suing for the price of the goods. Whilst the goods are the property of DC Voltage Gradient Technology and Supply Ltd., the Customer as bailee shall keep them safe, insured, identifiable and separate from all other goods in its possession.
6.2 In the case of hire contracts, the Customer shall not sell, charge or otherwise deal with or part with control of the goods, nor exercise any lien over them, nor permit any charge, lien or other encumbrance to be created over them, nor modify or otherwise physically interfere with them.
6.3 If the Customer fails to pay any sum due to DC Voltage Gradient Technology and Supply Ltd. under any order or contract by the due date or DC Voltage Gradient Technology and Supply Ltd. terminates the contract in accordance with its terms, DC Voltage Gradient Technology and Supply Ltd. may (in addition to any other rights) enter any land or building where any goods supplied by DC Voltage Gradient Technology and Supply Ltd are located and repossess and sell the goods.
6.4 Unless agreed otherwise by DC Voltage Gradient Technology and Supply Ltd. in writing, risk in the goods shall pass to the Customer on their dispatch from DC Voltage Gradient Technology and Supply Ltd’s premises. DC Voltage Gradient Technology and Supply Ltd. May withhold delivery of hire goods or repossess such goods unless it is satisfied that the Customer has insured the goods for their full replacement value.
7.1 DC Voltage Gradient Technology and Supply Ltd. warrants that goods manufactured by it will perform substantially in accordance with their published specification at the date of dispatch for a period of twelve months from the date of first dispatch, fair wear and tear excepted and subject to the Customer’s obligations below.
7.2 The sole remedy of the Customer in the event of a proven breach of the above warranty shall be (at DC Voltage Gradient Technology and Supply Ltd’s option) either repair or replacement of the goods and re-delivery carriage paid within the United Kingdom or FOB United Kingdom port, or a refund of the purchase price paid for the goods, in each case subject to the Customer returning the goods carriage paid to DC Voltage Gradient Technology and Supply Ltd within twelve months of the date of first dispatch.
7.3 Where goods are not manufactured by DC Voltage Gradient Technology and Supply Ltd., DC Voltage Gradient Technology and Supply Ltd. will pass on to the Customer so far as it is able, the benefits of any warranties obtained by it from its suppliers.
7.4 At the Customer’s request and expense DC Voltage Gradient Technology and Supply Ltd. will provide a certificate of calibration for the goods.
7.5 All other items, Terms and Conditions, representations and warranties (whether express or implied) in respect of goods sold or hired are excluded to the fullest extent permitted by law. The goods are not sold or hired by description or sample.
8.0 CUSTOMER’S OBLIGATIONS
8.1 The Customer shall ensure that the goods are stored, used and maintained by competent, trained personnel in accordance with DC Voltage Gradient Technology and Supply Ltd’s user manual and that the goods are repaired only at DC Voltage Gradient Technology and Supply Ltd’s approved repair house.
8.2 DC Voltage Gradient Technology and Supply Ltd. shall not be liable for any act, omission, negligence or default of the Customer, its servants, agents or employees, including (without limitations) any failure to comply with DC Voltage Gradient Technology and Supply Ltd’s instructions regarding storage, maintenance or repair of the goods.
9.1 Nothing in these Terms and Conditions affects the statutory rights of any Customer who deals as a consumer.
9.2 Nothing in these Terms and Conditions shall exclude DC Voltage Gradient Technology and Supply Ltd. liability for death or personal injury resulting from its negligence, save in respect of International supply contracts as defined in Section 26 of the Unfair Contract Terms ACT 1977.
9.3 The aggregate liability of DC Voltage Gradient Technology and Supply Ltd., its employees and agents to the Customer, whether in contract, tort (including negligence and breach of statutory duty) or however otherwise arising shall not exceed: a) In the case of a sale order, the purchase price of the goods; or b) In case of a hire contract, the hire price for the goods subject to a maximum equal to three month’s hire charges.
9.4 DC Voltage Gradient Technology and Supply Ltd. shall in no circumstances be liable for any loss of revenue, profits, contracts, anticipated savings or goodwill, nor for any special, indirect economic or consequential loss or for claims by third parties.
10.0 FORCE MAJEURE
10.1 DC Voltage Gradient Technology and Supply Ltd. shall not be liable for any failure or delay in the performance of its obligations which is due to any circumstances outside its control including without limitation acts of GOD, war, industrial action, staff illness, shortage of supplies, breakdowns, transport delays, accidents, government action, fire, flood, terrorism or criminal acts.
11.0 DEFAULT OR INSOLVENCY
11.1 Without prejudice to its other rights, DC Voltage Gradient Technology and Supply Ltd. may immediately terminate the contract by giving notice to the Customer or suspend the performance of DC Voltage Gradient Technology and Supply Ltd. obligations if the Customer: a) Commits a breach of any Sale Order or Contract with DC Voltage Gradient Technology and Supply Ltd. and (if the breach is capable of remedy) fails to remedy the same within 14 days of a request by DC Voltage Gradient Technology and Supply Ltd.; or b) Ceases trading, is unable to pay its debts as they fall due, compounds with its creditors, commences winding up, has a receiver, administrative receiver or liquidator appointed over all or any of its assets, becomes subject to a bankruptcy order or suffers analogous proceedings in any competent jurisdiction.
12.0 DESIGNS AND DESCRIPTIONS
12.1 Nothing in any Sales Order shall operate to transfer its rights or obligations under any sale order or hire contract without DC Voltage Gradient Technology and Supply Ltd’s prior written consent.
12.2 DC Voltage Gradient Technology and Supply Ltd. reserves the right to vary the technique, design, construction and specification of any goods without notice. Changes in goods mean that description in DC Voltage Gradient Technology and Supply Ltd. literature, illustrations and drawings may be inaccurate or out of date and accordingly save as expressly agreed in writing by DC Voltage Gradient Technology and Supply Ltd. those do not form part of any contract with DC Voltage Gradient Technology and Supply Ltd.
13.1 The Customer may not assign or otherwise transfer its rights or obligations under any sale order or hire contract without DC Voltage Gradient Technology and Supply Ltd’s written consent.
13.2 Any delay or failure by DC Voltage Gradient Technology and Supply Ltd. in enforcing any of these Terms and Conditions shall not be constructed as waiver of DC Voltage Gradient Technology and Supply Ltd’s rights unless confirmed in writing.
13.3 All notices shall be in writing and sent by fax, first class post or registered mail, in the case of DC Voltage Gradient Technology and Supply Ltd. to its registered office and in the case of the Customer to its registered office or main place of business. Unless shown otherwise, notices shall be treated as served three days after the date of posting (provided the letter is not returned undelivered) and one day after transmission by fax (provided a satisfactory transmission report is obtained).
13.4 Any Sales Order or Hire Contract between DC Voltage Gradient Technology and Supply Ltd. and the Customer shall be governed and constructed with accordance with English law and each party submits to exclusive jurisdiction of the English Courts.
We are company number 2939265 registered in England and Wales
Our registered office is at 102 Parkway, Westhoughton, Bolton, BL5 2RZ. UK
The law requires us to determine under which of six defined bases we process different categories of your personal information, and to notify you of the basis for each category.
If a basis on which we process your personal information is no longer relevant, then we shall immediately stop processing your data.
If the basis changes then if required by law, we shall notify you of the change and of any new basis under which we have determined that we can continue to process your information.
When you create an account on our website, buy a product or service from us, or otherwise agree to our terms and conditions, a contract is formed between you and us.
To carry out our obligations under that contract we must process the information you give us. Some of this information may be personal information.
We may use it to:
1.1. verify your identity for security purposes
1.2. sell products to you
1.3. provide you with our services
1.4. provide you with suggestions and advice on products, services and how to obtain the most from using our website
We process this information on the basis there is a contract between us, or that you have requested we use the information before we enter into a legal contract.
Additionally, we may aggregate this information in a general way and use it to provide class information, for example to monitor our performance with respect to a service we provide. If we use it for this purpose, you as an individual will not be personally identifiable.
We shall continue to process this information until the contract between us ends or is terminated by either party under the terms of the contract.
Through certain actions when otherwise there is no contractual relationship between us, such as when you browse our website or ask us to provide you more information about our business, including job opportunities and our products and services, you provide your consent to us to process information that may be personal information.
Sometimes you might give your consent implicitly, such as when you send us a message by e-mail to which you would reasonably expect us to reply.
Except where you have consented to our use of your information for a specific purpose, we do not use your information in any way that would identify you personally. We may aggregate it in a general way and use it to provide class information, for example to monitor the performance of a particular page on our website.
If you have given us explicit permission to do so, we may from time to time pass your name and contact information to selected associates whom we consider may provide services or products you would find useful.
We continue to process your information on this basis until you withdraw your consent, or it can be reasonably assumed that your consent no longer exists.
You may withdraw your consent at any time by instructing us at email@example.com . However, if you do so, you may not be able to use our website or our services further.
We may process information on the basis there is a legitimate interest, either to you or to us, of doing so.
Where we process your information on this basis, we do after having given careful consideration to:
For example, we may process your data on this basis for the purposes of:
We are subject to the law like everyone else. Sometimes, we must process your information in order to comply with a statutory obligation.
For example, we may be required to give information to legal authorities if they so request or if they have the proper authorisation such as a search warrant or court order.
This may include your personal information.
Details in relation to the supply and delivery of goods or services ordered by yourself or the organisation you represent in relation to freight / logistics companies who will deliver the afore mentioned goods or services.As anorganisation we acknowledge that any information shared will be governed by the Privacy Policies in operation at the individual Freight / Logistics Companies
We attempt to moderate user generated content, but we are not always able to do so as soon as that content is published.
If you complain about any of the content on our website, we shall investigate your complaint.
If we feel it is justified or if we believe the law requires us to do so, we shall remove the content while we investigate.
Free speech is a fundamental right, so we have to make a judgment as to whose right will be obstructed: yours, or that of the person who posted the content that offends you.
If we think your complaint is vexatious or without any basis, we shall not correspond with you about it.
Payment information is never taken by us or transferred to us either through our website or otherwise. Our employees and contractors never have access to it.
If you send us information in connection with a job application, we may keep it for up to three years in case we decide to contact you at a later date.
If we employ you, we collect information about you and your work from time to time throughout the period of your employment. This information will be used only for purposes directly relevant to your employment. After your employment has ended, we will keep your file for six years before destroying or deleting it.
When you contact us, whether by telephone, through our website or by e-mail, we collect the data you have given to us in order to reply with the information you need.
We record your request and our reply in order to increase the efficiency of our organisation.
We keep personally identifiable information associated with your message, such as your name and email address so as to be able to track our communications with you to provide a high-quality service.
When we receive a complaint, we record all the information you have given to us.
We use that information to resolve your complaint.
If your complaint reasonably requires us to contact some other person, we may decide to give to that other person some of the information contained in your complaint. We do this as infrequently as possible, but it is a matter for our sole discretion as to whether we do give information, and if we do, what that information is.
We may also compile statistics showing information obtained from this source to assess the level of service we provide, but not in a way that could identify you or any other person.
Cookies are small text files that are placed on your computer’s hard drive by your web browser when you visit any website. They allow information gathered on one web page to be stored until it is needed for use on another, allowing a website to provide you with a personalised experience and the website owner with statistics about how you use the website so that it can be improved.
Some cookies may last for a defined period of time, such as one day or until you close your browser. Others last indefinitely.
Your web browser should allow you to delete any you choose. It also should allow you to prevent or limit their use.
11.1. to track how you use our website
11.2. to record whether you have seen specific messages we display on our website
11.3. to keep you signed in our site
11.4. to record your answers to surveys and questionnaires on our site while you complete them
11.5. to record the conversation thread during a live chat with our support team
Requests by your web browser to our servers for web pages and other content on our website are recorded.
We record information such as your geographical location
We use this information in aggregate to assess the popularity of the webpages on our website and how we perform in providing content to you
Third parties may advertise on our website. In doing so, those parties, their agents or other companies working for them may use technology that automatically collects information about you when their advertisement is displayed on our website.
We do not have control over these technologies or the data that these parties obtain. Accordingly, this privacy notice does not cover the information practices of these third parties.
Our websites are hosted in the USA.
We may also use outsourced services in countries outside the European Union from time to time in other aspects of our business.
Accordingly, data obtained within the UK or any other country could be processed outside the European Union.
For example, some of the software our website uses may have been developed in the United States of America
We use the following safeguards with respect to data transferred outside the European Union:
14.1. the processor is within the same corporate group as our business or organisation and abides by the same binding corporate rules regarding data processing.
14.2. the data protection clauses in our contracts with data processors include transfer clauses written by or approved by a supervisory authority in the European Union
14.3. we comply with a code of conduct approved by a supervisory authority in the European Union
15.1. To obtain a copy of any information that is not provided on our website you may send us a request at firstname.lastname@example.org
15.2. After receiving the request, we will tell you when we expect to provide you with the information, and whether we require any fee for providing it to you.
If you wish us to remove personally identifiable information from our website, you may contact us at email@example.com
This may limit the service we can provide to you.
When we receive any request to access, edit or delete personal identifiable information we shall first take reasonable steps to verify your identity before granting you access or otherwise taking any action. This is important to safeguard your information.
18.2. If a dispute is not settled then we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.
18.3. If you are in any way dissatisfied about how we process your personal information, you have a right to lodge a complaint with the Information Commissioner’s Office. This can be done at https://ico.org.uk/concerns/
Except as otherwise mentioned in this privacy notice, we keep your personal information only for as long as required by us:
19.1. to provide you with the services you have requested;
19.2. to comply with other law, including for the period demanded by our tax authorities;
19.3. to support a claim or defence in court.
However, ultimately it is your choice as to whether you wish to use our website.
We may update this privacy notice from time to time as necessary. The terms that apply to you are those posted here on our website on the day you use our website. We advise you to print a copy for your records.