RoutOut CNC TERMS AND
CONDITIONS FOR SALE
1. BINDING AGREEMENT
These terms and conditions of sale ("Sale Terms") constitute a binding
agreement between RoutOut CNC (referred to in these Sale Terms variously
as "I, Us, Our") and its customers (referred to in these Sale Terms as
"You, Your") which applies to all purchases of items by You. You agree
not to change these Sale Terms from the form presented by Us. All other
terms and conditions including those in any order submitted by You are
expressly excluded and shall have no effect. All communications made thus
far by Us are invitations to treat only. Your acceptance of these Sale
Terms ordering the goods represents an offer of contract from You. Our
employees, agents or representatives are not authorised to make any representations
concerning the goods supplied under these Sale Terms, unless such representations
are confirmed in writing by an authorised representative of RoutOut CNC.
Any errors or omissions in any catalogue, sales literature, price list,
despatch note, invoice or other documentation or any information issued
by Us from time to time shall be subject to correction without liability
on Our part. You will be responsible for ensuring the accuracy of any
order submitted by You, confirming where reasonably requested to do so
by Us any telephone orders, and for the giving of such information as
is necessary relating to the Sale Terms and delivery (as the case may
be) to enable us to deliver the goods to the delivery address notified
by You. When writing to Us You must use your account number and purchase
order number.
2. PRICES AND PAYMENT
All prices stated in any of Our catalogues, price lists, or other sales
literature may be altered by Us at any time without notice to You. The
prices stated by RoutOut shall be the current prices for the items concerned
unless changed by Us in accordance with these Sale Terms. Prices for goods
under these Sale Terms shall either be the price payable for such items
at the time We accept your order in accordance with these Sale Terms or
where applicable, at the time when your payment is cleared, subject to
Our reserving the right (by giving notice in writing to You at any time
before delivery) to increase the price of the applicable goods to reflect
any increase in the cost of the goods to Us which is due to any matters
beyond our reasonable control including without limitation any increase
in carriage related costs or any other applicable duties and taxes. You
are required to pay for your goods in full by credit card or cheque unless
you are an account holder in which case Our terms for account are strictly
7 days from dispatch. It is 'RoutOut's' policy to despatch the goods You
have ordered promptly upon Our being satisfied that the payment(s) in
question have cleared. If the account goes over the 7day payment period
We reserve the right to suspend Your account and charge You interest at
the prevailing rate. You agree and acknowledge that the transmission of
your credit card number or other data in relation to payment for the goods
shall be at your entire risk. RoutOut under no circumstances bears any
responsibility or liability in relation to failures in transmission of
information, deletion, non-delivery or failure to store any communications
by You.
3. DELIVERY
We shall deliver the goods to the United Kingdom address notified to Us
by You. We shall use all reasonable endeavors to deliver the goods to
the address supplied by You when You ordered the goods by any delivery
date estimated by Us. For the avoidance of doubt You agree that the delivery
date is not guaranteed or of the essence of the agreement between Us under
these Sale Terms and We shall in no circumstances be liable to You for
any losses, damages, or charges incurred by You due to the late delivery
of the goods. Goods delivered to You shall be deemed accepted by You and
You shall inspect the goods immediately on delivery and in all cases shall
inform Us in writing within 5 days of delivery of any damage, shortage
or non-delivery of the goods. Where the goods are being purchased by a
business for use in the business and delivered in installments, each delivery
shall constitute a separate contract and failure by Us to deliver one
or more of the installments in accordance with these Sale Terms or any
claim by You in respect of any one or more installments shall not entitle
You to treat the agreement between Us as terminated.
4. TITLE AND RISK
Title in the goods shall not pass to You until We have received in full
all monies owed by You under this or any other agreement for the purchase
of goods. Risk of damage to or loss of the goods shall pass to You at
the time of despatch by Us, or if You wrongly fail to take delivery of
the goods, at the time when we have tendered delivery of the goods to
You.
5. CANCELLATION
No order which has been accepted by Us in accordance with the provisions
of these Sale Terms may be cancelled by You except with the agreement
in writing of an authorised representative of RoutOut and on the terms
that You may be required to indemnify Us in full for any costs, damages,
losses, charges and expenses including any loss of profit incurred by
Us as a result of the cancellation.
6. WARRANTIES AND LIMITATIONS OF LIABILITY
Our liability for breach of these Sale Terms and any agreement between
Us or negligence shall be limited at Our sole discretion to the free replacement
of faulty items or the issue of credit notes in respect thereof or the
granting of a refund that shall relate only to the actual items concerned
providing that You have not made any modifications to them. Except in
respect of death or personal injury caused by Our negligence we shall
not be liable to You by any reason of any representation (unless fraudulent)
or any implied warranty, condition or other term or any duty in common
law or under the express terms of these Sale Terms for any indirect, incidental
or consequential loss or damages arising out of any services performed
for You or any goods sold under these Sale Terms even if We have been
advised of the possibility of such loss or damages. Except for cases of
personal injury or death arising from Our negligence, the 'Routout CNC'
liability to You for actual damages regardless of the form of action,
will be strictly limited to the price of the goods sold.
New equipment will have 12 months return to base warranty. It will be
‘Your’ responsibly to bare the return cost of the equipment
should it need repairing. Please note stepper driver boards, Motors etc
that are deemed to have been damaged by ‘You’ and have not
become faulty due to a manufacturing failure will incur a charge to ‘You’
for either the repair or replacement.
Returns:
All returns for whatever reason should be returned to ‘Us’
in a new state in the original packaging that they were supplied in with
ALL manuals, software etc. Goods returned with parts missing will NOT
be covered under any warranty.
Fit For Purpose:
It is ‘Your’ responsibility to determine ‘fitness for
purpose’ before purchasing. Due to the varied use of ‘Our’
Products and applications we cannot be held liable for the equipment not
working for your particular application.
7. INDEMNITY
You agree to indemnify Us against all proceedings, costs, fees, expenses,
payments, liabilities, losses and damages arising out of the breach or
negligent performance by You of any terms of these Sale Terms.
8. FORCE MAJEURE
We shall not be liable to You or be deemed to be in breach of these Sale
Terms by reason of any delay in performing or any failure to perform any
of Our obligations in relation to the goods, where the delay or failure
was due to any cause beyond Our reasonable control.
9. EXPORT OR IMPORT LICENCES
You shall be responsible for obtaining all licence's for export or import
of the goods and for obtaining any other licence's required for the delivery
or sale of the goods in the country of destination.
10. GENERAL
No waiver by Us of any breach of these Sale Terms by You shall be considered
as a waiver of any subsequent breach of any provisions of these Sale Terms.
If any provisions of these Sale Terms is held by any competent authority
to be invalid or unenforceable in whole or in part the validity of the
other provisions of these Sale Terms and the remainder of the provision
in question shall not be affected. All notices served under these Sale
Terms shall be in writing and shall be sent to the address set out in
Our despatch note, or to any later address in the United Kingdom notified
for that purpose, and all notices sent by first class letter post or by
fax transmission shall be deemed to have been served immediately if they
were sent by fax and on the second working day after posting if served
by first class post. All of Our products are copyright and the logos and
designs remain the intellectual right of RoutOut. These Sale Terms shall
be governed by and construed in accordance with the laws of England and
subject to the non-exclusive jurisdiction of the English courts.
11. Software
WARRANTY DISCLAIMER.
THE SOFTWARE IS PROVIDED 'AS IS' WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. IN NO EVENT SHALL RoutOut CNC BE LIABLE FOR
ANY DAMAGES WHATSOEVER INCLUDING DIRECT,INDIRECT, INCIDENTAL,
CONSEQUENTIAL, LOSS OF BUSINESS PROFITS OR SPECIAL DAMAGES.
LICENSE TERMS.
Both the RoutOut Manager and the RoutOut Viewer are supplied
and downloadable as trial ware.
They are Copyrighted, but you can freely copy and/or distribute
the trial software, provided that:
- The original compressed archive is kept.
- No change is made in any file in the archive.
- No charge is requested to the recipient.
If after the Trial Period if you want to continue to use the
applications, you need buy a license. In addition, the licensed
user benefits from:
- Quicker support
- Free Upgrades
- No Nag Screen.
COMMERCIAL LICENSE.
Only the FULL license can be applied to any kind of user.
In special circumstances we may extend the trial period of
the product.
LICENSE FEES.
Please contact the author at e-mail: sales@routoutcnc.com
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