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All rights reserved. No part of this document may be reproduced, transmitted, stored (in a retrieval system or otherwise), or translated into any language, in any form, or by any means, without the prior written permission of Elcometer. Due to our policy of continuous improvement, Elcometer reserve the right to change specifications without notice. Free Software Download Licence Agreement Within this website, there are a number of free software programs and free demonstration software programs that can be downloaded. Free Software Programs - EDTS+ Excel Link and EDCS These freeware products may be freely installed on any quantity of machines on one site. Comanies wishing to install these freeware products on computers at other locations other than the site where the initial download took place must either obtain permission from Elcometer, or download the software again at the new site. Demonstration Software Programs - EDCS+ and Datastat+ These demonstration software programs are restricted downloads with a finite demonstration lifetime. Essentially fully functioning software, the demonstration software allows users to test before purchase. Usually, the download to and from a gauge has been disabled, and printouts indicate that the software is a demonstration software program. Demonstration software programs are licenced to the downloaded PC only. Customers wishing to transfer software to more than one computer must either contact Elcometer, or download an additional copy from the Elcometer website. PDF Disclaimer Within this website, there are a list of literature downloads, all using a .pdf format. These PDF files may contain embedded typefaces. in accordance with Adobe's licensing policy, this file may be printed or viewed but shall not be edited unless the typefaces which are embedded are licensed to and installed on the computer performing the editing. In downloading files from this website, parties accept therein the responsibility of not infringing Adobe's licensing policy. Elcometer Limited, or associated companies, accepts no liability in this area. This policy has been developed to allow you to feel confident about the privacy and security of your personal information. Use of personal information. Because the Elcometer Website is constantly being updated, with new products and information, we want to help you keep informed about the latest developments as soon as they are available. So you do not have to constantly monitor our website in order to keep up we encourage you to register for the Elcometer e-zine so that we can give you quicker and better access to your favourite products and services. You don't need to register to access any of the Elcometer website. When you register or contact Elcometer via the Contact Form, any details you provide will be stored for use on our secure mainframe at our Head Office in the UK. If you register for the Elcometer e-zine, we will treat you as having consented to our using your personal data in the manner described in this Policy. If you do not register, the personal data we collect from you will be limited to that which you give us in order to contact Elcometer or our Distributors. Email addresses. Elcometer respect the privacy of personal e-mail accounts and we store your e-mail addresses as secure as other personal information on the Elcometer Mainframe. We will not send you unwanted e-mail messages or junk mail, and your details will not be passed to ANY organisation outside Elcometer or the Distributor in, or closest to your company address, without your explicit permission. However, we will use e-mail to send you technical information, new product bulletins and any information that we feel will be beneficial to you, as well as anything you show an interest in, either online, or through other contact with Elcometer. If you do not want to be kept informed in this way by e-mail, please let us know. You can do this by sending an e-mail to registration@elcometer.com, writing the words unsubscribe in the description field of your e-mail. Disclosure of information. Elcometer complies with and is registered under the data protection laws in the United Kingdom and takes all reasonable care to prevent any unauthorised access to your personal data. Elcometer people and those working for Distributors or Dealers of Elcometer have a responsibility to keep your information confidential and will only use it to offer products and services on behalf of Elcometer. Third party sites. Third party Internet sites connected to through www.elcometer.com are not covered by our Privacy and Security policy, so please be careful when you enter any personal information online. Elcometer accepts no responsibility or liability for these sites. Please remember that if you change your e-mail provider, you will also need to inform Elcometer of the change in your e-mail address in order to continue receiving e-mail correspondence. If you have any additional questions please contact Elcometer Security at the Elcometer Head Office in the UK Elcometer Standard Conditions of Sale 1. DEFINITIONS In these Conditions the following expressions shall have the following meanings:
2. GENERAL These conditions shall be deemed to be incorporated in all contracts of the Company to sell Goods and in the case of any inconsistency with any order letter or form of contract sent by the Buyer to the Company or any other communication between the Buyer and the Company whatever may be their respective dates the provisions of these conditions shall prevail unless expressly varied in writing and signed by a director on behalf of the Company. Any concession made or latitude allowed by the Company to the Buyer shall not affect the strict rights of the Company under the Contract. If in any particular case any of these conditions shall be held to be invalid or shall not apply to the Contract the other conditions shall continue in full force and effect. 3. ORDERS
4. PRICES
5. TERMS OF PAYMENT
6. DELIVERY
7. RETURNS Goods supplied in accordance with the Contract cannot be returned without the Company's prior written authorisation. Duly authorised returns shall be sent to the Company's Premises at the Buyer's expense. 8. PACKING AND CARRIAGE Unless otherwise agreed by the Company in writing the prices of the Goods are exclusive of packing and carriage. 9. PASSING OF TITLE AND RISK
10. CONDITIONS AND WARRANTIES
11. DEFECTIVE GOODS
12. CONSEQUENTIAL LOSS The Company shall not be liable for any costs claims or damages or expenses arising out of any tortious act or omission or any breach of contract or statutory duty calculated by reference to profits, income, production or accruals or loss of such profits, income, production or accruals by reference to accrual of such costs, claims, damages or expenses on a time basis. 13. DEFAULT ON INSOLVENCY OF THE BUYER If the Buyer shall be in breach of any of its obligations under the Contract or if any distress or execution shall be levied on the Buyer's property or assets or if the Buyer shall make or offer to make any arrangement or composition with his creditors or commit any act of bankruptcy or if any bankruptcy petition be presented against him or (if the Buyer is a company) if any Resolution or Petition to wind up such company shall be passed or presented or if a Receiver of the whole or any part of such company's undertaking property or assets shall be appointed, the Company in its discretion and without prejudice to any other right or claim may by notice in writing determine wholly or in part any and every contract between the Company and the Buyer or may (without prejudice to the Company' s right subsequently to determine the contract for the same cause should it so decide) by notice in writing suspend further deliveries of Goods until any defaults of the Buyer be remedied. 14. LIMITATION OF LIABILITY The liability of the Company to the Buyer for any loss or damage of whatsoever nature and howsoever caused shall be limited to and in no circumstances shall exceed the price of the Goods. 15. REPRESENTATIONS No statement description information warranty condition or recommendation contained in any catalogue price list advertisement or communication or made verbally by any of the agents or employees of the Company shall be construed to enlarge, vary or override in any way any of these conditions. 16. FORCE MAJEURE The Company shall be entitled to delay or cancel delivery or to reduce the amount delivered if it is prevented from or hindered in or delayed in manufacturing obtaining or delivering the Goods by normal route or means of delivery through any circumstances beyond its control including but not limited to strikes, lock-outs, accidents, war, fire, reduction in or unavailability of power at manufacturing plant, breakdown of plant or machinery or shortage or unavailability of raw materials from normal source of supply. 17. HEADINGS The headings in these conditions are intended for reference only and shall not affect their construction. 18. PROPER LAW The Contract shall in all respects be governed by English Law and shall be deemed to have been made in England and the Buyer and the Company agree to submit to the non-exclusive jurisdiction of the English Courts.
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